Bob Brown (Tasmania, Australian Greens) Share this | Link to this | Hansard source

My question is to the Minister for Agriculture, Fisheries and Forestry. I refer him to the Tasmanian Forests Intergovernmental Agreement and ask why, three months after that agreement was signed, the Premier of Tasmania and the Prime Minister have failed to implement section 25, which says that the state will immediately place 430,000 hectares of native forests into informal reserves where they will be immediately protected?

Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Link to this | Hansard source

I thank Senator Bob Brown for his interest in this issue. As Senator Brown knows, the independent expert group has provided advice on options for rescheduling existing harvesting work occurring in less than 2,000 hectares of the 430,000 hectares interim area. Following consideration by signatories, further advice was requested—so this process is ongoing.

Bob Brown (Tasmania, Australian Greens) Share this | Link to this | Hansard source

Mr President, on a point of order: due to the interjections I cannot hear the answer.

John Hogg (President) Share this | Link to this | Hansard source

Senator Brown is entitled to hear the answer.

Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Link to this | Hansard source

As I said, the Tasmanian forestry industry is undergoing a restructuring and reshaping, brought about by several key events, which we have gone through before. In responding to those developments, the IGA between the Tasmanian and the Australian governments was signed on 7 August 2011. Part of clause 25 relates to how we go through the independent verification for wood supply into that region. As I have said before, Professor Jonathan West has engaged with the signatories to the statement of principles in a consultation process on who will be the appropriately qualified persons to form the independent verification group. The initial advice prepared by the two independent expert schedulers was presented to the signatories on 13 October 2011. After considering that advice, the signatories requested further information from the independent expert schedulers to clarify and expand on a number of elements covered by the initial advice. The signatories reviewed this information on 10 November 2011. (Time expired)

Bob Brown (Tasmania, Australian Greens) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. Is the minister not totally confusing clause 25, which says that the forest in the 430,000 hectares would immediately be protected and that these areas were verified through an independent verification process before 7 August? Is he not, deliberately or otherwise, confusing that verification process to allow, against this agreement signed by the Prime Minister, continued logging within the 430,000 hectares?

Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Link to this | Hansard source

I thank Senator Bob Brown for his questions. It is simply not correct to say that the IGA requires an immediate halt to logging within 430,000 hectares identified by the ENGOs. Clause 25 of the IGA requires the Tasmanian government to place 430,000 hectares of native forest into informal reserves. This clause is clearly qualified by the two subsequent clauses. Clause 26 of the IGA states:

Where harvesting work has already begun in coupes within the nominated 430,000 hectares, rescheduling will occur as soon as practical …

Clause 26 goes on to set out a process, involving both the state and federal governments, the signatories to the statement of principles and the independent verification group, which allows harvesting already underway in the 430,000 hectares to continue. Clause 27 of the IGA sets out a process through which logging in the 430,000 hectares can further continue during— (Time expired)

Bob Brown (Tasmania, Australian Greens) Share this | Link to this | Hansard source

Mr President, I ask a further supplementary question. I put it to you, Minister: are you not completely misreading your own government's agreement? Clause 26, from which you quoted, states:

The State will ensure that, until the further independent verification process … is completed, wood supply required … will be sourced … sourced outside the 430,000 hectares …

I ask: is the government, under the signature of the Prime Minister, not in complete breach of the word of this public agreement?

George Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | Link to this | Hansard source

Mr President, on a point of order: there is a prohibition against questions which ask for opinions on matters of law. This is plainly a question asking for an opinion on a matter of law—that is, the proper legal effect of a contractual document.

Government senators interjecting—

John Hogg (President) Share this | Link to this | Hansard source

I am ruling that there is no point of order. The question stands.

Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Link to this | Hansard source

I thank Senator Bob Brown. I was outlining that clauses 25, 26 and 27 outline the process. The first step of the process, which requires notification from Forestry Tasmania, has occurred. The second step requires the joint appointment of expert schedulers; this also has occurred. The expert schedulers provided an initial report to the signatories and their respective governments on 13 October. Following consideration of that advice, the signatories have requested further information from the independent expert schedulers to clarify, and expand on, a number of elements covered by the initial advice. This is currently being compiled and is due to be received shortly. Following its completion and its consideration by the signatories the expert schedulers advice will be publicly released. The Australian government is supporting the implementation of all aspects— (Time expired)