The Victorian Government’s overhaul of the Code of Practice for Timber Production has been guardedly welcomed by the Victorian Forest Products Association and the Shadow Assistant Minister for Forestry Gary Blackwood. Source: Timberbiz
Both Mr Blackwood and Victorian Forest Products Association CEO Deb Kerr said the review was long overdue.
The State Government in announcing the review said it was being undertaken to provide “much needed certainty for conservationists, the forestry industry and the Conservation Regulator”.
“The review makes significant improvements to the Code and addresses a number of deficiencies raised by the industry and community, in order to ensure the Government delivers on the Victorian Forestry Plan,” the government’s announcement said.
“The Code plays a crucial role in regulating Victoria’s native timber industry and protecting our unique environment.
“That role has been undermined by a range of drafting errors, mistakes and inconsistencies introduced in 2014 by the previous Coalition Government which created uncertainty for conservationists and the forestry industry.”
The Minister for Energy, Environment and Climate Change Lily D’Ambrosio said the review “is all about getting clarity – for conservationists and for the industry”.
“When we have clear, black and white definitions, we can better ensure that threatened species and habitats are protected.”
Mr Blackwood said that the overhaul may be too late as sawmills are beginning to run out of supply.
The review of the code and subsequent recommendations was completed over 18 months ago, yet the Minister for Environment had stalled the release of the proposed changes despite knowing that VicForests could not meet their supply commitments.
“Whilst the interpretation of the precautionary principle had to be adjusted in line with accepted internationally recognised language, there are still outstanding issues which the recommendations have failed to address,” Mr Blackwood said.
“The Conservation Regulator will still be burdened with unclear regulation on tree geebung, road buffers and fire management unless these issues are dealt with as soon as possible.
“This Code of Practice needs to deliver greater certainty, not create more issues for the timber industry and our regional communities.”
Mr Blackwood said the announcement also confirmed a comprehensive review would not be complete until December 2023, dragging out uncertainty for an already on edge-industry.
“It seems these issues may not be dealt with until a more comprehensive review in December 2023,” he said.
“Given the Andrews Labor Governments track record on meeting dates, that new December 2023 deadline will give no certainty in the short term, as it will encourage third party litigation through the courts.
“The industry also needs assurance that the proposed community engagement on the proposals will not lead to a change of direction from the Minister for Environment.
“It would be a disaster for industry if the Minister reversed her support for the recommendations of her own review.
“Industry has engaged in this process in good faith, and the Minister must ensure she genuinely listens as she has committed to do,” Mr Blackwood said.
Ms Kerr said the review was an opportunity for the Victorian Government to fix the Code and put an end to green litigation in Victoria that has held up supplies of native timber.
“In 2014, amendments to the code opened the flood gate to a deluge of green litigation,” said Ms Kerr said.
“Since then, native forestry in Victoria has been tied up with litigation including injunctions that prevents the harvest of timber in hundreds of forestry coups and placed tremendous pressure on timber supplies,” Ms Kerr said.
“And it doesn’t stop there. Complaints to the Office of Conservation Regulator are either unfounded or are a small number of technical findings unrelated to endangered species protection,” Ms Kerr said.
“The Victorian forestry industry expects the amendments to the Code to resolve the perverse policy outcomes that has held the Victorian native forest industry to ransom.
“VFPA will closely review the proposed changes to ensure that these do not have a negative impact on the plantation sector or private farm forestry.
“At a time when there is significant pressure on the supply of timber for housing construction, it is time this green litigation madness ends and to this end, VFPA welcomes the release of the Code amendments for consultation,” Ms Kerr said.
The State Government said that the most significant proposed changes to the Code include restoring a clear definition of the Precautionary Principle based on an internationally recognised language used by the United Nations and the precedent set in the Brown Mountain case, which has been the approach followed by DELWP and the Conservation Regulator to date.
Recent court decisions had undermined certainty about the application of the Precautionary Principle. Allowing court decisions to provide precedents for industry had proven to be slow and convoluted. This would establish a clear definition that everyone can understand and apply.
The proposed change to the Code meant the Precautionary Principle will apply when there is any threat of serious or irreversible environmental damage. It would be mandatory to apply this test before timber harvesting.
The government said the Conservation Regulator and timber harvesters could both identify when there was serious or irreversible environmental damage. In these situations, harvesting could proceed in a way that avoids and protects critical habitat.
The Government is continuing to examine aspects of the Code that may require amendment in the short-term and will do a comprehensive review of the Code by December 2023. The Code needs to be clear and enforceable to ensure that Victoria’s Conservation Regulator can protect our environment appropriately.
The Government is releasing these proposed changes through Engage Victoria so the Victorian community can contribute to the review and give feedback. Further information can be found: https://engage.vic.gov.au/
