Coroner & Legal
IGA: Tear it up, says Colbeck … as FT ‘runs amok’
Miranda Gibson in the Observer Tree. Pic: Alan Lesheim
Bryan Green, MP
Minister for Energy and Resources
Friday, 13 January 2012
MILESTONE IN TASMANIAN FORESTRY AGREEMENT
The signing of an interim Conservation Agreement is another major milestone for the Tasmanian Forests Agreement that will provide certainty to industry while protecting high conservation value forests, the Minister for Energy and Resources, Bryan Green said today.
Mr Green said the agreement between the Tasmanian and Australian Governments and Forestry Tasmania will give legislative protection to more than 99.5 per cent of the 430,000 hectares identified for interim protection.
“This agreement will deliver interim protection for disputed areas including the Florentine, Wedge, Douglas Apsley, Wielangta, Mt Arthur, Bay of Fires, Bruny Island under the Environment Protection and Biodiversity Conservation (EPBC) Act,” Mr Green said.
“It will also allow Forestry Tasmania to meet its fiduciary, legal, contractual and environmental obligations.
“It provides certainty for both the forestry industry and conservationists, whilst Professor Jonathon West and the Independent Verification Group complete their work.”
Following the conclusion of this verification process, the Tasmanian Government will provide permanent protection for areas identified as being of high conservation value, while ensuring that wood supply is maintained to the industry.
“This is a major milestone in the implementation of the TFA and shows that this process is delivering tangible outcomes for all those involved,” Mr Green said.
“Both the Tasmanian and Australian Governments are committed to seeing the process through to ensure that industry has a sustainable future while achieving significant conservation outcomes such as those recognised in today’s agreement.
Mr Green said only a very small area of native forest in the 430,000 will still be harvested to meet existing contracts.
“That area is about 1950 hectares or less than 0.5 per cent of the nominated 430,000 hectares of native forest identified for interim protection in the TFA.
“While I fear even this will not be enough for some groups, it should be remembered that the IGA is a collaborative process that has involved give and take on both sides.”
“All these coupes were systematically analysed by independent schedulers to determine whether there were other coupes that could be suggested as alternatives.
“The reports of the independent expert forest schedulers, released today, found that while some harvesting work could be moved, it was not possible to reschedule harvesting in a small number of coupes.”
Mr Green commended the co-operative contribution of Forestry Tasmania in assisting to develop and in signing the conservation agreement.
“It has to remembered that this is a voluntary agreement, without Forestry Tasmania’s assistance and co-operation it would not have occurred,” Mr Green said.
“Information from Forestry Tasmania was essential to prepare a robust Agreement that provides adequate time for the independent verification process to be finalised.”
The interim Conservation Agreement and the reports of the independent expert forestry schedulers are available at:
http://www.environment.gov.au/land/forests/tasmanian-forests-agreement.html
• SENATOR THE HON RICHARD COLBECK
Senator for Tasmania
Shadow Parliamentary Secretary for Fisheries and Forestry
Shadow Parliamentary Secretary for Innovation, Industry and Science
Opinion
January 13, 2012
Opinion Piece: Tear up Tasmania’s Sham Forest Deal
The current debate over who should be doing what, if anything, in 430,000ha of possible High Conservation Value Tasmanian forest actually highlights a much more serious issue with the Tasmanian forests agreements– it’s a sham deal and it should be torn up.
As much as it might pain me to say so, Bob Brown is correct when he says the intergovernmental agreement (IGA) for Tasmania’s forests states the 430,000ha claimed by environment groups (ENGOs) as HCV will be immediately put into interim reserves while it is assessed to determine whether in fact the HCV exists and if will be protected in the longer term.
The IGA goes on to say that if it is not possible to meet contracted supply from outside those areas then companies will be compensated financially from the adjustment package rather than receive logs.
In effect, the State and Commonwealth governments are in breach of their own IGA.
This demonstrates yet again the Federal Governments incapacity to implement any policy without stuffing it up.
What Senator Brown will no doubt dispute with me, is that the very presence of this eleventh hour clause in the agreement confirms what a sham the process has been right from the start.
The Federal Coalition, however, will not be dissuaded from this view.
The clause was inserted after industry representatives read what they thought was the final draft of the IGA. It was inserted at the urging of the Greens and ENGO’s, and it was based on an assessment drafted by former Wilderness Society National Director, Professor Jonathon West .
All of the available data at the time contradicted West’s assessment, and this has subsequently been confirmed more than once by the Independent Schedulers Reports that has subsequently been conducted within the IGA process.
So as not to expose its incompetence in relying on West’s poor report, the Federal Government continues to refuse to release the Independent Schedulers Reports.
It is, frankly, ridiculous to suggest that compensation instead of supply is an option. No business can operate with such uncertainty. Supply must be maintained.
Certainty for business has never been a consideration for the Greens but I do question why the two Labor governments would agree to insert the clause at such a critical time in the negotiations.
This display of incompetence further reinforces why the Coalition has been opposed to this IGA deal from the outset.
It was once heralded as a “peace deal” but it has never been a genuine negotiation.
For the ENGOs it has never been about reaching common ground and finding compromise. It has always been about locking up our valuable, renewable timber resources.
The ENGO agenda has been greatly assisted by the pair of inept Labor Governments that are more concerned about keeping sweet with their Greens minority partners than securing a long-term viable future for Tasmania’s forest industry.
In fact, the ENGOs are now using the IGA as a weapon against industry in local and global markets.
If there was any doubt about the lock up objective, just look at the makeup of the IGA assessment panel – four of six members are either directly involved or have close links to the Wilderness Society. What chance a fair outcome for industry amidst that bias?
The really perverse irony is that the catalyst for this whole process – the decision by Gunns Ltd to exit native forests as part of its strategy to progress the pulp mill project – actually provided the opportunity for a better outcome for all sides of the argument.
Instead the sham process will leave the Tasmanian forest industry even less sustainable and under more pressure.
Gunns Ltd’s exit from native forests provided an opportunity to reduce the intensity of harvest across the State, giving better environmental, forestry and economic outcomes but the Greens, Labor and the environment groups could not accept that.
The Greens, Labor and the environment groups are instead intent of squeezing what is left of the industry into an ever smaller area. This will most likely result in higher harvest intensity, bringing us more pain in a few years time and certainly no peace.
• Governments fail to deliver on Forests Agreement
Environment groups said the conservation agreement released today by the Tasmanian and Commonwealth governments did not adequately deliver the first key conservation outcome of the Tasmanian Forests Intergovernmental Agreement (IGA) and urged them to end logging in these unique and important forests.
“The Tasmanian and Commonwealth Governments have allowed logging to continue in ancient, wilderness forests that the Premier and Prime Minister agreed would be immediately protected,” [1] said Environment Tasmania Director, Dr Phill Pullinger.
“The IGA has stumbled at its first conservation hurdle,” said Wilderness Society Tasmanian Campaign Manager Vica Bayley. “This has severely shaken the confidence of environment groups. The Agreement clearly states that logging will be ended in high conservation value forest areas whilst those forests are assessed. The Governments have failed to invoke the compensation clause.”
“Today we should be celebrating an historic milestone that protects rainforests, ancient giants and critical habitat for endangered species like the Tassie devil, but instead governments have accepted Forestry Tasmania’s business-as-usual logging in iconic forests like the Weld and Picton Valleys and Ben Lomond. Conflict in the forests and instability in markets are the inevitable result if governments will not deliver conservation outcomes as agreed.”
Dr Pullinger said, “Forestry Tasmania is running amok – logging in ancient forests that the Premier and Prime Minister agreed would be immediately protected [1],” said Environment Tasmania Director, Dr Phill Pullinger; “If the governments want this conflict solved they need to urgently pull Forestry Tasmania into line.”
“Forestry Tasmania has scheduled road building in highly contentious areas such as the Weld Valley, meaning conservation values are being damaged instead of being protected. ” said Dr Pullinger.
“It is not too late to fix this,” said Australian Conservation Foundation CEO Don Henry.
“We urge the two Governments to ensure Forestry Tasmania assists implementation of the agreement and delivers meaningful forest protection that meets the terms of the IGA and the expectations of the broader community. We urge them to further examine the proposed logging coupes and end logging in these unique and important forests.”
The protection of these forests is a corner stone of the agreement. It is time for both Governments to show leadership and deliver on their commitment, concluded The Wilderness Society, Environment Tasmania and Australian Conservation Foundation. – Vica Bayley, The Wilderness Society, Dr Phill Pullinger, Environment Tasmania, Josh Meadows, ACF media adviser.
1. Clause 25 of the IGA, signed in August 2011 States that “The State will immediately place the 430,000 hectares of native forest identified in Attachment A … into Informal Reserves,” whilst clause 36 states that “Prior to formal legislative protection of the areas of reserve identified in Clause 29, and until completion of the independent verification process in accordance with clause 20, the 430,000 hectares referred to in Clause 25 will be protected under a Conservation Agreement…” The clear intention of clause 36 is that the forests will have continuous legal protection until the delivery of formal legislative protection.
• Tree-sitter vows to remain in tree as government locks in logging of high conservation value forests.
Today’s announcement of a so-called “conservation agreement” by the Tasmanian and Australian Governments that leaves out key areas of high conservation value forest, allowing continued destruction rather than offering protection for these areas. Conservationist Miranda Gibson, who has been sitting in a tree for over four weeks, vows to remain in her tree top perch until the area is protected.
“This forest that I’m sitting in was promised immediate protection as part of the 430,000 hectares ear-marked for future reserves. The Gillard Government today is breaching the agreement that was signed in August in order to lock out the Observer Tree forest and other high conservation value areas from the so-called conservation agreement” said Ms Gibson.
“I have been sitting in this tree for over four weeks, waiting for Julia Gillard to take action to protect this area as she promised. Time is running out with logging due to begin again on Monday.
Today’s announcement has seen the Australian Government back flip on the original promise, as this ‘conservation’ agreement confirms that logging will be allowed to continue in this world-class forest”, said Ms Gibson.
“This agreement has only strengthened my resolve. I am absolutely committed to remaining at the top of this tree until the forest receives a real conservation outcome and Tasmania’s globally recognised forests receive the long overdue protection that they deserve” said Ms Gibson.
For more information on Miranda Gibson see http://observertree.org/
• More wild forests to go to chainsaws
Australian Greens Leader Senator Bob Brown says today’s Tasmanian forests “conservation agreement” is a blueprint for the utter destruction of more than 20 square kilometres of high conservation value (HCV) forests.
“That’s 1000 Melbourne Cricket Grounds in area of World Heritage Value forests to be logged and firebombed by Forestry Tasmania in breach of the 2011 agreement,” Senator Brown said.
“Ceasing routine meetings with the Prime Minister over this dishonouring of her 2011 Intergovernmental Agreement is a weak gesture considering the gravity of the matter.
“Environment Minister Tony Burke will go down in history for labelling this agreement to destroy the habitat of rare and endangered species on his own list as a “conservation agreement”.
“The agreement will provide for the construction of new logging roads, at public expense, to pave the way for long-term logging to continue in the HCV forests.
Some of the most stunning of Tasmania’s wild and scenic heritage areas are on the forest death list: the Styx Valley (150ha), Picton–Huon areas (250ha), Weld river valley (120ha), the Tarkine (150ha), Ben Lomond (130ha) and Counsel River in Central Tasmania (300ha).
• Tasmania’s forest agreement allows wilderness forest to be destroyed for Ta Ann
Huon Valley Environment Centre condemns today’s announcement by the Federal and Tasmanian Government as nothing more than pandering to Forestry Tasmania and Ta Ann.
‘Forestry Tasmania, a government body who should be under the direction of the Government is obviously calling the shots here, and the influence of Ta Ann has pushed the ongoing logging of high conservation value and old growth forests,’ Huon Valley Environment Centre’s Jenny Weber said.
‘This agreement allows Forestry Tasmania to destroy spectacular wilderness forests on behalf of Ta Ann,’ Huon Valley Environment Centre’s Jenny Weber said.
‘Significant tracts of high conservation value forests, and globally unique ecosystems, will be logged in the Picton, Middle Huon and Weld Valleys. Forests in these areas that are contiguous with the Tasmanian World Heritage area will be logged. In the Middle Huon, logging will occur within 2km of a very sensitive karst area, with highly significant indigenous heritage. And in the Weld Valley a large area of wilderness forest will be logged and have a new logging road pushed in to it,’ Jenny Weber said.
‘The Tasmanian and Federal Governments must immediately stop supporting an unsustainable native forest industry by allowing the destruction of globally significant forests’ Jenny Weber said.
• CONSERVATION AGREEMENT IS ‘ORWELLIAN’
First IGA Conservation Commitment Fails to be Delivered
Tim Morris MP
Acting Greens Leader
The Tasmanian Greens today said that the Conservation Agreement, signed by Federal Minister Tony Burke and Deputy Premier Bryan Green, breaches the commitment to protect the identified 430, 000 hectares as stipulated in the Tasmanian Forests Intergovernmental Agreement (IGA).
Acting Leader Tim Morris MP said that a Conservation Agreement that allows the potential logging of 43 coupes of high conservation value forests is the conservation agreement you have when not having an actual conservation agreement.
“This so-called Conservation Agreement is bitterly disappointing, as what it says is high conservation value forests within the 430, 000 hectares identified for immediate protection last August, will be protected only if Forestry Tasmania cannot come up with a reason to keep logging them,” Mr Morris said.
“This is an Orwellian Conservation Agreement.”
“The IGA signed by the Prime Minister and Premier was clear. In black and white Clause 25 of that signed document promised the immediate protection of the identified 430, 000 hectares within Informal Reserves. Clause 27 of the IGA then states that should coupes be identified necessary to meet contractual obligations, then compensation would be triggered.”
“This Orwellian Conservation Agreement lists 43 coupes for logging without triggering the compensation clause of the IGA, so clearly this agreement breaches the IGA, and has failed to meet its first serious conservation commitment.”
“The Greens have always said that the IGA, while imperfect, provides a good opportunity to deliver significant conservation goals and restructure our timber industry onto a sustainable footing, but we have consistently been adamant that both conservation and industry goals need to be delivered equally and concurrently.”
“We supported the exit package for forest contractors as undertaken in accordance with the IGA, but the first meaningful conservation goal has not been delivered as stipulated by the IGA.”
“The public deserve an explanation from both Federal and State Labor why, yet again, conservation goals are not delivered in full despite the written and signed undertakings within the IGA.”
“It is now critical that the Independent Verification Process undertaken by Jonathon West proceeds swiftly, and that we progress to the next stage of enshrining identified forest areas for protection under legislation,” Mr Morris concluded.
Mr Morris also said that the Tasmanian Greens are not signatories to either the Statement of Principles 2010 or the 2011 Tasmanian Forests Intergovernmental Agreement, which was signed by Prime Minister Gillard and Premier Lara Giddings.