Dear Ms Constable,
Thank you for your letter of 6 September, 1997, concerning forestry
issues in the Strzelecki Ranges.
In relation to the matters you have raised, I offer the following
comments;
1 . Land vested with the Victorian Plantations Corporation (VPC) does
not remove the requirement for compliance with the Code of Forest
Practices for Timber Production, and with all other relevant
prescriptions for the conservation of flora and fauna.
2. Vesting of land with the VPC occurred well prior to establishment of
the Regional Forest Agreement (RFA) process. In February 1996, the
Premier and the Prime Minister signed an Interim Forest Agreement for
Victoria, which defined the approach to be taken so as not to foreclose
options for the development of a comprehensive, adequate and
representative (CAR) reserve system during the RFA process. Harvesting
being conducted by the VPC will not foreclose options for the development of a CAR reserve system.
3. The boundaries of the areas vested with the VPC were determined after
careful consideration of the values they contained, and after
recognising that logical management boundaries needed to be established
during the vesting process.
4. In accordance with the Planning and Environment Act 1987 'vested' and
'leased' Crown land is classified as private land. As such,
responsibility for the implementation of the Code on these lands rests
with local government.
You should provide any evidence that the Code has been breached to the
relevant Shire in the first instance. Should you wish, however, you
could also provide details to the Executive Director of NRE's Forest
Service, Mr. Richard Rawson. He will then ensure that
Departmental staff are available to assist the relevant Shire to
understand the Code requirements.
Yours sincerely,
Phillip Davis, MLC
Parliamentary Secretary Natural Resources
15-10-1997
-------------------------------------------------------------------------------------
18 December, 1997
from Richard Rawson
Natural Resources and Environment
AGRICULTURE RESOURCES CONSERVATION LAND MANAGEMENT
Dear Ms Constable
Thank you for your letter of I December, 1997 addressed to the Hon
Marie Tehan, Minister for Conservation and Land Management, in which
you raise concerns about forestry issues and the extent of public land
reserves in the Strzelecki State forest. As this matter has been
referred to me, I offer the following comments.
In relation to your concern with the vesting of State forest used for
plantations with the Victorian Plantations Corporation, I believe these
have been addressed in the response from the Hon Mr Philip Davis,
Parliamentary Secretary, Natural Resource dated 15 October, 1997. The
response provides a clear explanation of the conservation compliance
required under the Code of Forest Practices for Timber Production by
the Corporation and that the 1993 vesting does not foreclose options
for development of a reserve system under the Regional Forest Agreements
process.
Regarding the issue of the proportion of public land in Victoria
formally reserved as Parks and other conservation reserves, I share your
concern that a balanced approach should be taken to the establishment
and management of Victoria's native forests. Since 1970 the
investigations and recommendations to Government by the former Land
Conservation Council have resulted in a significant increase in public
land reserved as parks and other conservation reserves. These
recommendations have been based on a range of criteria including
scientific assessment of the area's conservation values. As you have
indicated, for the State, some 47.3% of public land is part of formal
conservation reserves. However the suggestion that this proportion
should be applied to each area of the State appears to have little
supporting rationale, particularly for the Strzelecki forest which has a
history of extensive forest clearing and disturbance associated with
unsuccessful agricultural development.
If, following investigations through the RFA process additional areas of
public land are considered for inclusion within the reserves system,
this will be addressed at that time.
Yours sincerely
Richard Rawson
Executive Director, Forests Service
--------------------------------------------------------------------------------------------------
18 December, 1997
AGRICULTURE RESOURCES CONSERVATION
LAND MANAGEMENT
Dear Mr Devenish
Thank you for your letter of I December, 1997 in which you raise
concerns with forestry issues in the Eastern Strzelecki Ranges. I am
pleased to provide the following comment on the issues you have raised.
The Victorian Plantations Corporation has extensive softwood plantation
resources in the Strzelecki ranges and entering into contractual
commitments to supply industry would be based on a sound knowledge of
the growing stock available. Timber harvesting in these plantations
has occurred over many years and I would question your expressed fear
that undue stress will be placed on the environment as a result of these
timber harvesting commitments.
Regarding your concerns that the Corporation's land is managed less
stringently under the private section of the Code of Forest Practices
for Timber Production, I should remind you that the areas under
plantation are substantially modified and do not require the same
prescriptions as are applied to native forest management. The
Corporation as a Government business is expected to operate under
similar regulatory conditions as other commercial plantation industries
which are subject to the private land component of the Code.. Your
suggestion of detrimental effects from application of the Code's private
land requirements should be directed to the local municipality, which as
Responsible Authority, can instigate any necessary action under the
Planning and Environment Act 1987.
In relation to the proportion of public land in Victoria formally
reserved as Parks and other conservation reserves, there is little
rationale to support application of this aggregate figure to each area
of the State. In Victoria, the allocation of public land to
conservation reserves is based largely on independent scientific
investigations and recommendations to Government of the conservation
values of an area. This public process, under the former Land
Conservation Council has, since 1970, increased the area of public land
in conservation reserves from 205,000 hectares to in excess of 3.8
million hectares.
Future examination of the Strzelecki's under the Regional Forest
Agreements process may well identify additional areas for consideration
as part of a reserves system under the reserve criteria adopted by all
Australian State and Territories. At present, there is no compelling
evidence on bio diversity grounds to suggest that native forest values
in the Strzeleckis are threatened or in decline as a result of existing
land use management or the extent of conservation reserves currently in
place.
Yours sincerely
Richard Rawson
Executive Director, Forests Service
----------------------------------------------------------------------------------------
The Honourable Philip R. Davis, MLC
Parliamentary Secretary
Natural Resources
Dear Ms Constable
Thank you for your letter dated I March 1998 and my previous
correspondence regarding timber harvesting by the Victorian Plantations
Corporation in the Strzelecki Ranges.
In relation to the additional matters you have raised I wish to offer
the following comments
1 . Harvesting on land managed by the VPC is in accordance with the Code
of Forest Practice and annual audits confirm a high level of compliance.
2. There are approximately 7,500ha of hardwood plantation and 13,000 ha
of pine plantation in the Strzelecki Ranges.
3. There are significant areas of native forest, streamside vegetation,
rainforest, road reserves, easements and exclusion areas which make up
the balance of the VPC estate
4. Plantation areas are clearly identified on VPC maps and do not
include native forest.
5. It has been VPC policy since July 1997 not to harvest native forest.
6. The rainforest within the Gunyah Reserve is protected and is not
disturbed. A protective buffer of 100m applies from rainforest boundary
and not from the reserve boundary
7. The identification of a sites of botanical significance does not
automatically exclude timber harvesting
Should you require further information on these matters please contact
Peter McHugh,
Regional Forest Manager at the Department of Natural Resources and
Environment, Traralgon Office on (03) 51 722 1 1 1.
Yours
Philip Davis MLC
Parliamentary Secretary Natural Resources
------------------------------------------------------------------------
Environment Priorities
and Coordination Group
Dear Mr Devenish and Ms Constable
Thank you for your letter of 29 March regarding the forthcoming RFA
assessments in the Gippsland Region, with particular reference to the
Strzelecki Ranges.
In relation to the composition of the CAR reserve system, it should be
noted that the JANIS criteria (a copy of which is enclosed), require
that the reserve system samples tile full range of variation in forest
ecosystems. This is achieved by ensuring that, where practicable,
there is an appropriate geographic representation of all forest types.
The occurrence of significant existing reserves of a given forest type
would therefore not necessarily preclude the requirement for additional
representation of that type in other geographically discrete parts of a
region. The JANIS criteria set a reserve target of -15% of the
pre-European extent of each forest type and a minimum of 60% protection
of all remaining old growth. Rarer or severely depleted forest types
require much higher levels of protection.
Precisely how these requirements would impact on the reserve status of
forests in the Strzelecki Ranges is uncertain at present and must await
the full forest typing analysis that forms part of the comprehensive
regional assessment.
The RFA process in Gippsland, when fully underway, will solicit
community views through public meetings, social assessments and
through written submissions and I would encourage you to make use of the
opportunity to re-state or elaborate on your concerns at that time.
A round of public meetings is planned in the Gippsland Region sometime
late in May to introduce the RFA process. When dates and locations are
finalised I will ensure that you are notified. In the meantime if you
would like to know more about the RFA process please feel free to
contact me
As requested, I enclose two copies of the Victoria Deferred Forest Areas
Assessment reports.
Your sincerely
Paul Marsh
Director
Victoria Section
Environment Forest Taskforce
3 April 1998
GPO Box 787 Canberra ACT 2601
----------------------------------------------------------------------
The Honourable Philip R. Davis, MLC
Parliamentary Secretary
Natural Resources
Dear Mr. Devenish
Thank you for your letter of 2 April 1998 regarding Victorian
Plantations Corporation (VPC) vested lands in the Strzelecki Ranges.
I have raised your concerns with staff of the Department of Natural
Resources and Environment and the following comments are provided in
response to the issues you have made.
The information on plantation area in your letter is broadly correct,
that is, approximately 7,500 ha of hardwood plantation and 13,000 ha of
pine plantation in the Strzelecki Ranges. However, the total area of
land supporting native vegetation is approximately 14,000 ha, not 20,000
ha.
In 1993 when the Government decided to establish the VPC, the land to be
vested had to be identified. The subsequent vesting of State forest
required the adoption of rational land management boundaries which meant
that some areas of native vegetation adjoining plantation areas was
included in the vested lands. Much of the native vegetation is in small
fragmented parcels adjacent to plantation areas, often along streams or
on steep slopes which are unsuitable for harvesting or plantation
establishment. Other areas of native vegetation include rainforest,
road reserves, easements and other land distributed throughout the
vested land estate.
As you know, virtually all of the VPC vested plantation area was cleared
for agriculture in the past and, prior to its use for plantation
purposes, was significantly disturbed. I agree that it is sometimes
difficult to distinguish between hardwood plantation and native forest.
However, all plantation areas have been mapped ever since the
reforestation program commenced in the Strzeleckis and these maps form
the basis of the plantation areas available to the VPC.
Any proposal by the VPC or the new owner to clear areas of native
vegetation for plantation purposes would be subject to strict regulatory
processes for timber production under the Victorian Planning Provisions
and the Code of Forest Practices for Timber Production. In view of the
unsuitability of much of this land for plantation purposes, it is
expected that they would remain in their current condition.
In relation to your comments about the Strzelecki Ranges and the
Deferred Forest Area identified as part of the Regional Forest Agreement
process, the Interim Forest Agreement signed by the Premier and the
former Prime Minister, the Hon. Paul Keating, identified the Deferred
Forest Area as excluding plantations, including those areas vested in
the VPC in the Strzelecki Ranges. I understand that the Minister for
Conservation and Land Management, the Hon. Marie Tehan, has also
written to you regarding this issue.
Given the fragmented nature of the native vegetation within the VPC
vested land, it is unlikely that it would contribute in a significant
way to the CAR Reserve System. It would also be inappropriate to regard
hardwood plantation as contributing to the CAR Reserve System
If you consider that there are areas of native vegetation that could
make an important contribution to the CAR Reserve System in the
Strzelecki Ranges, you should convey those views through the Regional
Forest Agreement (RFA) process dealing with the development of the
Gippsland RFA. I understand that public meetings to formally commence
the Gippsland RFA process will be held later this month in regional
centres and the dates and venues will be published in local newspapers.
Yours, Philip Davis, Parliamentary Secretary Natural Resources.
-------------------------------------------------------------------------------------------------
Minister for Conservation and Land Management
The Hon. Marie Tehan 24/4/98
Dear Mr Devenish and Ms Constable
I refer to your letter of 15 April 1998 regarding timber harvesting in
the Strzelecki Ranges in South Gippsland and provisions relating to the Deferred Forest Area established as part of the Regional Forest Agreement (RFA) process.
The outcomes of the Deferred Forest Assessment process in
Victoria were ratified in the Interim Forest Agreement signed by the Premier of Victoria, the Hon. Jeff Kennett and the former Prime Minister of Australia, the Hon. Paul Keating in February 1996. In this Agreement, the definition
of the Interim (or Deferred) Forest Area specifically excludes areas
identified as plantations, including those areas vested in the Victorian Plantations Corporation (VPC) in the Strzelecki Ranges.
Clause 3 of the Interim Forest Agreement states that the purpose of the
Interim Forest Area is to ensure that areas that may be required for a
comprehensive, adequate and representative (CAR) reserve system will not
be harvested until Regional Forest Agreements are finalised.
Following public consultation during the Deferred Forest Assessment
process and consideration of available information, the Governments
agreed that land set aside for plantations would not effectively
contribute to the CAR reserve system and it was therefore excluded from
such consideration. The Governments would have been severely criticised
if they had attempted to include plantations in the CAR Reserve System
to meet national reserve targets.
Establishment of the CAR Reserve System in the Gippsland RFA will be in
accordance with the nationally agreed reserve criteria and protection of
biodiversity and other values will be considered in a regional context,
taking into account the protection of similar values in adjacent
regions, where appropriate.
I can assure you that the Gunyah Gunyah Reserve remains intact and has
not been affected by timber harvesting conducted by the Victorian Plantations Corporation, although harvesting operations have occurred adjacent to the Reserve boundary.
It is important to note that the decision to sell the VPC business does
not necessitate the sale of public land on which the plantations have
been established. Those areas of native vegetation which were included
in the original VPC vestings were essentially areas subject to
recommendations for plantation purposes by the former Land Conservation
Council. Much of the plantation areas in the Strzeleckis were formerly
freehold land which was cleared and then abandoned and subsequently
purchased by the Government.
In general, the native forest on these areas is on very steep slopes and
within gullies which were physically unsuited for plantation
establishment. Any proposal by the VPC or a new owner to clear these
areas for plantation use would be subject to strict regulatory processes
for timber production under the Victorian Planning Provisions and the
Code of Forest Practices for Timber Production. In view of the
recognised difficulties in establishing and tending plantations on these
steep slopes, it is expected that they would be retained in their
current condition.
Yours sincerely,
Marie Tehan MP Minister for Conservation and Land Management
--------------------------------------------------------------------------------------------------
Dear Mr Devenish and Ms Constable
Strzelecki State Forest and timber harvesting within a Deferred Forest
Area
I refer to your letter dated 15 April 1998 concerning logging in a
Deferred Forest Area within the Strzelecki State Forest and the
activities of the Victorian Plantations Corporation.
The concerns that you raised are more concerned with State Forest, than
with planning or local government. Therefore your concerns would be
better answered by the Department of Natural Resources and Environment,
and the Minister for Conservation and Land Management and the Minister
for Agriculture and Resources. As you have sent copies of the letter to
the Honourable Pat McNamara, MLA, and the Honourable Marie Tehan, MLA,
there is no need for me to send them a copy of your letter.
I understand that the Department of Natural Resources and Environment
have already responded to your letter, and there appears to be nothing
more that I could add.
If you have any questions regarding this matter, please contact Mrs
Heather Hadley Powell from the Gippsland Regional Office on telephone
number 5172 2677.
Yours sincerely
Maclellan
Minister for Planning and Local Government
------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------
5 May, 1998
Dear Julie and Kim
RE: VPC (Amendment) Bill
I write further to our discussions last Wednesday afternoon and the
debate on the Bill which subsequently occurred in the Legislative
Assembly on Thursday evening. No doubt you will access the Hansard
report of the debate.
In the course of our discussions I noted a number of points. Since we
met I have had the opportunity of reading the pamphlet which you
provided to me. Through a combination of the issues addressed
throughout the debate in the House and the matters referred to in this
letter, I have attempted to deal with all the points about which we
spoke.
1. The terms of this Bill cannot serve to effect a sale of any of the
land to which the legislation relates. It is impossible that any form
of freehold title could pass under the terms of this legislation.
The only right granted regarding land is pursuant to the provision of
Section 27B(l) by the terms of which the Corporation may grant a
perpetual licence which is subject to various conditions.
2. This legislation does not effect the sale of the VPC. It does
establish a mechanism whereby the assets in business of the Corporation
can be sold.
The Corporation itself must remain in public hands since it is the
authority which issues and monitors the licences under the direction of
the responsible Minister of the day.
3. Clearly the operations of the VPC include both softwood plantations
and hardwood plantations, This is evident from the examination which we
undertook of the 1993 Hansard at the time the VPC was established.
4. The 20,000 hectares of non-plantation land to be included in the
licence areas involves approximately:-
3,000 hectares of roads, firebreaks, track utilities and the like.
2,000 hectares of eucalypt forest theoretically available for logging
2,000 hectares of previous cleared land now supporting understorey species
which could be reforested
14,000 hectares of gullies and steep slopes with varying vegetative
cover intermingled with plantation which is unavailable for timber
production under the Code of Forest Practice and which cannot be altered
regardless of who manages the land.
5 . The VPC is bound by the same planning controls as apply to others.
Its treatment of land is the same as other growers.
The exception to this general rule related to the area of approximately
4 hectares of native forest which was harvested in the period between
January and May 1997 pursuant to obligations under an NRE licensee at
Leongatha. The forest in question was in the Gunyah area adjacent to
the Gunyah Reserve.
The commitment to supply under the terms of the subject agreement
expired on the 30th of June 1997. The Corporation policy is that as of
the I st of July 1997 it will only log plantations.
6. The South Gippsland Region Water Authority staff are free to travel
to the subject areas as they wish. The purpose in proposing that
Corporation staff accompany those from the Water Board is to enable any
issues of concern to be resolved on the spot.
7. Public access to the subject land will be preserved. The title
survey has left all major roads currently used by "gipsy" wagons as
local government roads free for all public access. Internal plantation
roads and tracks are principally used for timber production and
maintained by the Corporation. They do not even have a local roads
status and in some instances access to these areas may be restricted.
As a general rule provided public safety and timber production
requirements are not compromised there is no intention to restrict
access to the public.
8. The intention of the legislation is that a licence when granted will
require the use of the subject land for plantation purposes. This is
intended to mean a land use for plantation growth as opposed to other
forms of agricultural or horticultural usage. The provision is not
intended to mean that every hectare of the subject land must be covered
by plantations - and nor can it be under planning constraints.
9. The Corporation is legally accountable for its actions and has close
working relations with the Shires to ensure full compliance.
Under the terms of Section 27E of the legislation rates will now be
payable to municipalities and Water Authorities as would be the case n
other forms of land currently subject to these obligations. This will
assist in the capacity of Shires to resource the supervisory role they
are obliged to fulfil.
10. Although only about 8% of the land in the Strzelecki Ranges is to
be retained in public reserves, the figure must be viewed in the context
of the State as a whole. Although the State average is in the order of
47.3%, there are - by definition - areas of greater or lesser reserves
wherever one may care to look. For example the 50,000 hectares of the
Wilson's Promontory National Park is only a relatively short distance to
the south of the area under discussion. In practical fact the 14,000
hectares unavailable for plantation purposes also functions as a
reserve.
II. There is no endeavour on the part of the VPC to hide its
activities. Harvesting plans are and have been lodged where appropriate
with the responsible Shire. There is a prompt response to direct
inquiries.
12. Over 90% of areas of VPC responsibility around the State include
what was once State Forest.
13. There has been no compromise of the RFA process in that the
intention was always to the effect that plantation land be exempted.
Although by oversight that exemption did not initially apply, the Interim Forest Agreement has been amended in January 1996 to reflect the original intent.
14. Licensees will be legally accountable and can be prosecuted
including full restitution.
15. Total area subject to licence will be approximately 167,000
hectares. The references to a total of 113,000 hectares available for
timber production reflect the net plantation area.
16. The Shire planning provisions, the Code of Forest Practice, the
EPA, West Gippsland Catchment Management Authority, Heritage
Commission and many other agencies all presently ensure oversight
and compliance and that circumstance will continue in the case of
licence holders.
17. In the context of the proposals within the legislation, it is simply
not possible to create 30,000 hectares of public reserve in the manner
in which you propose.
18. Supervision of harvesting under the terms of the Code is
intended to accommodate any concerns about the impact which might
otherwise occur upon water resources.
For its part the Franklin River environs are not Corporation land and
have been deliberately left as public land.
I also understand that the Corporation has no difficulty with the
construction of a walking track along the Franklin River even if it in
some places slightly encroaches onto Corporation land provided it does
not interfere with timber production. Discussions have been held with
the South Gippsland Conservation Society to support this proposal.
I have endeavoured to accommodate all the points you raised with me. In
so doing I readily recognise that we will inevitably differ about many
of the matters which we discussed and which in turn are referred to in
this letter. I respect the passion of your views and the bases upon
which you put them. The intention here however - as I said in the
Parliament - is to strike a balance between an industry which is of
enormous benefit to us in Gippsland and which will be a commercial
leader in time to come while on the other hand taking all possible steps
to protect precious areas of native forest including rainforest.
I venture to suggest that it would be impossible to pass legislation in
this sphere with which you would be in agreement. I do not make that
comment in any critical sense. Rather I simply reflect the fact that we
are probably always going to disagree about the fundamentals of what
legislation of this nature is intended to achieve.
I trust that this somewhat protracted epistle will at least go someway
to alleviating your concerns.
Thank you for raising your issues with me.
Yours sincerely
Peter Ryan MLA Member for Gippsland South
---------------------------------------------------------------------------------------------------
Senator the Hon Robert Hill
Leader of the Government in the Senate
Minister for the Environment
Mr Kim Devenish and Ms Julie Constable
Thank you for your letter of 15 April 1998 regarding timber harvesting
in the Strzelecki State Forest in the Gippsland RFA region of
Victoria. I understand that you sent similar letters to the Prime
Minister, the Hon John Howard MP, and the Minister for Primary
Industries and Energy, the Hon John Anderson MP. I am also responding
on their behalf.
I can advise that timber harvesting in the I I coupes listed in your
letter comprised a total area of I16 hectares of which 2.2 hectares
consisted of native forest with the balance being plantation. Officers
from my Department and the Victorian Department of Natural Resources and
Environment have investigated the harvesting operations and found
that no old growth,wilderness or broad vegetation types which may
be required for a Comprehensive, Adequate and Representative (CAR)
Reserve System were logged. None of the harvesting operations occurred
in existing National Estate Places or coincided with known records of
endangered species.
The Interim Forest Agreement signed between Victoria and the Commonwealth
is designed to protect native forest which may be required for a CAR
reserve system pending the completion of Regional Forest Agreements
(RFAs). This agreement has not been compromised by these harvesting
operations.
I understand that any future proposal to harvest native forest on Victorian Plantations Corporation (VPC) vested land will be subject to the regulatory
processes under the Victorian Planning and Development Act 1987. These
processes will include assessment of old growth, wilderness,
biodiversity (including endangered species) and the National Estate to
ensure that options for a CAR reserve system are not foreclosed and that
CAR values will be protected pending completion of an RFA.
I am advised that the new arrangements with respect to the VPC and its
vested lands as a result of Victorian legislative amendments will not
affect the interim protection of CAR values.
Yours sincerely
Robert Hill