Peter Whish-Wilson (Tasmania, Australian Greens) Share this | Hansard source

I, and also on behalf of Senators Rice, McKim, Hanson-Young, Faruqi and Steele-John, move:

That the Senate—

(a) notes that:

  (i) Regional Forest Agreements are federal–state agreements under which native forest logging operations have been exempted from federal environment law (Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)) for more than 20 years;

  (ii) the Federal Court has found that:

(A) VicForests logging operations breached its Code of Practice for Timber Production and did not apply the precautionary principle when assessing impacts on the Greater Glider or Leadbeater's Possum, and

(B) these breaches of the Code mean that the native forest logging exemption does not apply, and the Central Highlands logging operation must be assessed under the EPBC Act,

  (iii) this landmark decision sets an important legal precedent—meaning the exemption for native forest logging operations does not apply if they are in breach of rules that apply under the RFAs, and planned logging with a significant impact on federally listed threatened species must be assessed under the provisions of the EPBC Act; and

  (iv) this decision has implications for native forest logging in all 10 areas under Regional Forest Agreements:

(A) Tasmania, with implications for iconic species such as the Tasmanian devil, Swift parrot, Eastern quoll, Giant freshwater crayfish, masked owl and others which are at serious risk due to logging;

(B) New South Wales in Eden, the North East NSW and Southern region, including implications for the feathertail glider, brushtail possum, koalas and others;

(C) Victoria in the Central Highlands, East Gippsland, Gippsland, West, and North East, including implications for the spot-tailed quoll, the smoky mouse and others; and

(D) Western Australia, including implications for the Western ringtail possum, remaining continental populations of quokkas, the forest red-tailed black cockatoo, Carnaby's black cockatoo, the numbat and other species, and

(b) calls on the Government to:

  (i) accept the Federal Court decision that, in circumstances where the rules underpinning Regional Forest Agreements are not complied with, logging operations that will impact on Matters of National Environmental Significance need to be assessed under the provisions of the EPBC Act, and

  (ii) take immediate, urgent action to ensure Australia's native forests are protected for their values including threatened species habitat, carbon storage, water supplies, and regional tourism.