2022-2023

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

SENATE

ENDING NATIVE FOREST LOGGING BILL 2023

EXPLANATORY MEMORANDUM

(Circulated by authority of Senator Rice)

 

 

 

 

 

 

ENDING NATIVE FOREST LOGGING BILL 2023

OUTLINE

The Ending Native Forest Logging Bill 2023 repeals the Regional Forest Agreements Act 2002 which enables logging of Australian native forests to continue with exemptions from our country’s environmental protection laws. It also requires statements from the Minister

and Threatened Species Commissioner about the impact of native forest logging on Australia’s international commitments. 

For decades our native forests have been managed under ten Regional Forest Agreements (RFAs), established between the federal government and the states. These agreements cover the majority of forest in Victoria, Tasmania, Western Australia, and New South Wales.

The stated intention of the RFAs was to provide long-term forest management to protect these complex ecosystems and ensure the viability of threatened species living in the forests, as well as govern the production of timber from these forests and maintain jobs.

They have failed to meet these intended goals, and the environmental and industrial context of the RFAs has substantially changed since they were commenced, in the late 20th century. For that reason, this Bill repeals this forest management framework.

Critically, forests covered by RFAs have had exemptions from the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act). This Bill would see the application of the EPBC Act to forestry operations, ensuring the same level of environmental approvals and protections as are applied to any other extractive industry.

NOTES ON CLAUSES

Clause 1: Short Title

1.        Clause 1 is a formal provision specifying the short title of the Bill. 

Clause 2: Commencement

2.         The Bill’s provisions are to commence on the day after it receives the Royal Assent. Clause 3 - Schedules

3.         Each Act specified in a Schedule to this Act is amended or repealed as is set out in the applicable items in the Schedule. Any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Repeal of the Regional Forest Agreements Act 2002

Part 1—Repeal of the Regional Forest Agreements Act 2002 

Item 1—The whole of the Act

4.         Item 1 repeals the Regional Forest Agreements Act 2002 (‘the RFA Act 2002’). Item 2—Application—repeal of Act

5.         Item 2 is an application provision that provides that the Minister must still comply with subsection 9(2) of the RFA Act 2002, requiring a statement to be gazetted when an RFA ceases.

Item 3—Effect of repeal

6.         Item 3 clarifies that on commencement of Part 1 of the Act, a Regional Forest Agreement that is in force between the Commonwealth and a State under the RFA Act 2002 is terminated. It also clarifies that:

•    export control laws will apply to Regional Forest Agreement wood, whether or not that wood is expressly referred to in legislation as Regional Forest Agreement wood; and

•     Part 3 of the EPBC Act (relating to the requirement for approval of activities under that Act) will apply to all forestry operations whether or not those operations were undertaken in accordance with a Regional Forest Agreement.

Item 4—Compensation for acquisition of property

7.         This item provides that if the operation of the Bill would result in the acquisition of property on otherwise than on just terms (within the meaning of paragraph 51(xxxi) of the Constitution), the Commonwealth is liable to pay a reasonable amount of compensation.

Part 2—Consequential amendments

Item 5—Section 11

8.         This item omits reference to Regional Forest Agreements in section 11 of the EPBC Act.

Item 6—Division 4 of Part 4 of Chapter 2

9.         This item repeals the Division of the EPBC Act which limits the application of Part 3 of that Act in regards to forestry operations in areas covered by Regional Forest Agreements.

Item 7—Subsection 75(2B)

10.       This item repeals the subsection 75(2B) of the EPBC Act which exempts any RFA forestry operation from ministerial consideration of the adverse impacts of the action.

Schedule 2—Annual statements on the impacts of native forest logging Environment Protection and Biodiversity Conservation Act 1999

Item 1—At the end of Part 21 of Chapter 6

11.      This item adds a new Division 3 at the end of Part 21 of Chapter 6 of the EPBC Act which adds two requirements to the EPBC Act.

12.      The first requirement is in new section 516C which provides for the preparation and tabling of an annual statement from the Minister on the impact of native forest logging on the progress towards achieving Australia’s conservation target to conserve at least 30% of land in Australia by 2030. Australia’s conservation target is to be interpreted in a manner consistent with Target 3 of the Kunming Montreal Global Biodiversity Framework adopted at the 15th Conference of Parties to the UN Convention on Biological Diversity (the COP 15 agreement).

13.       The second requirement is in new section 516D which provides for the tabling of an annual statement from the Threatened Species Commissioner on the impact of native forest logging on Australia’s zero extinction target. Australia’s zero extinction target is to be interpreted in a manner consistent with Target 4 of the COP 15 agreement.

14.       New section 516E defines ‘native forest logging’ for the purposes of sections 516C and 516D.

Item 2— Section 528

15.      Item 2 inserts a signpost for the definition of ‘native forest’ in section 516E in the definitions section of the EPBC Act.

Item 3— Application of amendments

16.       This item specifies that the amendments of the EPBC Act made by Schedule 2 will apply from the first 30 June that occurs on or after the day this Act commences.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Ending Native Forest Logging Bill 2023

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

Overview of the Bill

The Ending Native Forest Logging Bill 2023 repeals the Regional Forest Agreements Act 2002 which enables logging of Australian native forests to continue with exemptions from our country’s environmental protection laws. It also requires statements from the Minister

and Threatened Species Commissioner about the impact of native forest logging on Australia’s international commitments.

Human rights implications

This Bill does not engage any of the applicable rights or freedoms.

Conclusion

This Bill is compatible with human rights as it does not raise any human rights issues.

 

 

 

Senator Rice