Monique Ryan (Kooyong, Independent) Share this | Link to this | Hansard source

I move the amendment on the sheet revised 16 May 2024, circulated in my name:

(1) Schedule 1, page 44 (after line 5), after item 52, insert:

52A After section 83

Insert:

83A Review of the operation of this Act

(1) The Minister must cause an independent review to be conducted of the operation of this Act during the 5-year period starting on the commencement of the Illegal Logging Prohibition Amendment (Strengthening Measures to Prevent Illegal Timber Trade) Act 2024.

(2) The persons conducting the review must give the Minister a written report of the review within 9 months after the end of the 5-year period.

(3) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

We already have a regulatory framework aimed at reducing the harmful environmental and economic impacts of illegal logging in this country. Multiple statutory reviews of the previous version of this act have found that the department's compliance activities have been inefficient and ineffective. In fact, logging of native forests in this country is not adequately supervised or monitored. Our state governments allow ongoing logging of the forests, and the federal government has not intervened to stop them.

In my home state of Victoria, logging is regulated by the Code of Practice for Timber Production 2014. Between 2009 and 2017, more than 300 breaches of that code were submitted to the Victorian government. None were prosecuted. In 2019, an independent report into the responsible department found that it had neither the capacity nor the capability to monitor or to regulate logging in Victoria.

The Victorian state government officially ended harvesting of our state forests on 1 January 2024, but it has continued, under its Timber Utilisation Plan, in some areas. VicForests continues to remove large logs from the Wombat State Forest under the guise of debris clean-up or salvage logging, and it continues to sell that timber via its vehicle, Forest Fire Management Victoria.

Just two weeks ago, an endangered greater glider was killed by the Victorian department of environment in its tree-felling in the Yarra Ranges National Park. That was despite multiple warnings from the Victorian National Parks Association to multiple agencies and to the state and the federal ministers' offices about sightings of greater gliders and Leadbeater's possums in trees identified for removal. Through its agent, VicForests, the Victorian state government continues to act in active contravention of the Environment Protection and Biodiversity Conservation Act. The federal Minister for the Environment and Water has not intervened to halt the illegal actions of VicForests or to hold the Victorian environment minister to account for these activities.

What we could do is clear. We should ban all native forest logging nationally, but, in the meantime, we can halt the sale of all timber cut as part of salvage logging of native forests. There should be no market for wood obtained in the process of logging for firebreaks and other so-called fire protection measures. We simply can't trust state or federal governments to oversee responsible use of timber from native forests. Only by abolishing those markets altogether can we stop their exploitation and abuse.

The previous iteration of this act required a statutory review after five years, but this version of the bill has no requirement for regular review of the act's operation or effectiveness; rather, the bill suggests that the secretary can choose to publish reports about the operation of this act, or not, as the case may be. This contrasts with the frameworks for control of illegal logging in similar jurisdictions internationally, where timber regulation is subject to regular reviews, with reports tabled in parliament. Given that, in particular, the statutory report identified high levels of noncompliance with the previous iteration of this legislation and given the frequent egregious violations of this law domestically, this legislation has to be accompanied by regular monitoring and transparent reporting of its effectiveness.

Australians deserve clarity about the state and federal governments' plans for management of our native forests. We need to know that illegal logging of timber will be identified and prosecuted. We need to know that this legislation will be subject to appropriate statutory review, sufficient to provide reassurance regarding compliance, due diligence and a response to the concerns of third parties. The sad fact is that at this point we cannot trust either the state governments or the federal government to look after our native forests. We need to be able to do that in future. I therefore have moved the amendment in my name with an aim of having appropriate review of this bill in five years, and I signal to this government my commitment to further action in this area.

Kristy McBain (Eden-Monaro, Australian Labor Party, Minister for Regional Development, Local Government and Territories) Share this | Link to this | Hansard source

The government accepts the non-government amendment proposed in the House by the honourable member for Kooyong, Dr Ryan MP. I'm satisfied that it is reasonable and appropriate to provide an independent, five-year review of the operation of the act that could examine whether the substantial reforms contained in the act relating to sampling, auditing and notifications are operating effectively. The bill addresses the challenges identified in recent reviews of Australia's illegal logging laws and provides for measures that will strengthen the act and ensure that it is fit for purpose now and into the future. The amendments contained in the bill have been developed with a view to implementing best practice and learning from the developments with similar laws overseas. An independent review within five years will provide a further opportunity to consider whether Australia's laws continue to reflect international best practice.

Let's be clear: we need a significant forestry industry in this country. The housing construction industry, with the supply of trusses, floorboards and other materials to build the houses we need in this country, has to continue. We need to make sure that we have a viable and sustainable forestry industry into the future, and that is something the government supports.

Question agreed to.

Bill, as amended, agreed to.