Indicator 7.1a: Extent to which the legal framework supports the conservation and sustainable management of forests (2024) - Supporting information

The following information supplied by each state supports the listing of key legislation on Table 7.1a-1:

New South Wales

The Forestry Legislation Amendment Act 2018 updated the Forestry Act 2012 and other legislation to remove the need for Forestry Corporation of New South Wales to hold multiple licences, which are replaced by an Integrated Forestry Operations Approval for forestry operations on Crown land. It also amended the Local Lands Services Act 2013 to transfer responsibility for the regulation of private native forestry to Local Land Services. 

The Forestry Legislation Amendment Act 2018 also updated the regulatory framework for public native forestry and the enforcement role of the Environment Protection Authority. It provides a framework for the integration of approvals that authorise the carrying out of forestry operations in accordance with principles of ecologically sustainable forest management and conservation of threatened species, populations and ecological communities. 

The National Parks and Wildlife Act 1974 was amended in 2020 and 2021 to enable the identification and protection of areas of outstanding biodiversity value. It was also amended in 2021 to enable the creation and dealing of carbon sequestration rights within national parks and reserves.

Queensland

The Human Rights Act 2019 binds all persons, including the State of Queensland, to protect and promote human rights; and to help build a culture in the Queensland public sector that respects and promotes human rights; and to help promote a dialogue about the nature, meaning and scope of human rights. This influences the management of Queensland’s forests by requiring public entities to act and make decisions in a way that is compatible with human rights.

South Australia

The Landscape South Australia Act 2019 replaced (and repealed) the Natural Resources Management Act 2004 in 2020 as the key framework for managing South Australia’s land, water, pest plants and animals, and biodiversity across the State. Eight regional Landscape South Australia boards are responsible for administering the Landscape South Australia Act 2019. A key priority of landscape boards is to support local communities and landowners to be directly responsible for sustainably managing their region’s landscapes with an emphasis on land and water management, pest animal and plant control, and biodiversity.

Tasmania

The Forest Practices Act 1985 is designed to ensure that forest operations are conducted in a manner that provides due care for the environment on public and private forest. The Forest Practices Act 1985 forms part of a broader legislative and policy framework that provides a basis for sustainable forest management in Tasmania. The Act also includes the provision for private timber reserves, which are a means by which private land holders can ensure the security of their forest resources without requiring permits under the Land Use Planning and Approvals Act 1993.

The National Parks and Reserves Management Act 2002 is the principal Act that sets out the management objectives for conservation reserves declared under the Nature Conservation Act 2002. The following mechanisms are in place for nature conservation reserves: 

• legislated management objectives for reserve classes
• statutory management plans that require formal public consultation input from the statutory National Parks and Wildlife Advisory Council
• independent review of responses to public comment on draft management plans by the Tasmanian Planning Commission
• adherence to the Tasmanian Reserve Management Code of Practice 2003
• development applications subject to detailed environmental impact assessment processes.

Victoria

Table 7.1a-5 lists legislation related to the conservation and management of forests in Victoria that is in addition to that listed in Table 7.1a-1.

Forest management plans can take many forms. In addition to the examples listed in Table 7.1a-3, natural resource, environment and water catchment management plans cover forests, and components of strategic management planning systems are required for forest management certification. Forests covered by a management plan are mostly public forests, but also include some privately owned or managed forests covered by a forest certification scheme.

Plantation forestry codes of practice are referred to in the Export Control (Wood and Woodchips) Rules 2021 made under the Export Control Act 2020 (Cth). The Rules declare certain types of unprocessed wood, including unprocessed wood from a plantation, to be prescribed goods and therefore in need of an export licence. However, in those states where the minister has found that its plantation forestry code of practice protects environmental and heritage values, this declaration does not apply and a licence is not required. Codes of practice were assessed by the Commonwealth Scientific and Industrial Research Organisation (CSIRO) against the Forest Practices Related to Wood Production in Plantations: national principles. Plantation forestry codes of practice for seven of the states and territories were approved by the minister in 2013, and for Queensland in 2016.

The following sub-sections, by state and territory, contain management plan and code of practice information as supplied by each state and territory that is in addition to the information presented in Tables 7.1a-3 and 7.1a-4:

Australian Capital Territory

Canberra Nature Park Reserve Management Plan 2021. Canberra Nature Park consists of 39 nature reserves in and around Canberra, which include significant areas of Yellow Box–Red Gum Grassy Woodland. Many of the reserves are valuable for the movement of wildlife through the wider landscape. Many are also heavily used for nature-based recreational activities such as walking, running, mountain-bike riding and dog-walking, due to their proximity to Canberra suburbs. Some are often used for group activities such as orienteering and rogaining. The Canberra Nature Park Reserve Management Plan 2021 provides guidance on appropriate use of the reserves for these activities and sets out goals, objectives, policies and actions for management of Canberra Nature Park over the subsequent 10 years.

Lower Cotter Catchment Reserve Management Plan 2018. The Lower Cotter Catchment provides water for the Cotter Reservoir. After the catchment was burnt in 2003, the Australian Capital Territory government committed to manage the return of the area to a stable and healthy catchment. As part of the catchment’s rehabilitation, nearly 15,000 community volunteers have planted over 306,000 trees and shrubs. Recreation activities have been restricted to limit erosion and environmental damage.

The Australian Capital Territory government prepared the Lower Cotter Catchment Reserve Management Plan 2018 to guide management of the catchment over the next 10 years. The plan sets out how the reserve will be managed and restored over time to a landscape of native vegetation, producing clean water, conserving natural and cultural values, and providing low-impact recreational opportunities for Australian Capital Territory residents and visitors.

Molonglo River Reserve Management Plan 2019 sets out how the reserve will be managed and restored over time to protect flora and fauna, provide recreational opportunities and minimise the risk of bushfire. It sets out a clear and agreed set of long-term objectives for the reserve and outlines the policy approaches for achieving the objectives. The plan also gives clear guidance on how the land and waters of the reserve will be managed and used.

New South Wales

New South Wales Forest Management Framework is the system implemented by the New South Wales government for sustainably managing the State’s forestry resources across all public and private land tenures, including conservation reserves, State forests, private native forests and plantations. The framework includes the legislation, regulations, regulatory instruments and programs supporting the management of forests consistent with the principles of ecologically sustainable forest management.

The framework is administered by several State agencies that have complementary roles and responsibilities, including the Environment Protection Authority within the Department of Planning and Environment, and the Forestry Corporation of New South Wales, the Department of Primary Industries, and Local Land Services (part of the Department of Regional New South Wales).

Forest Management Plans (FMPs) of the Forestry Corporation of New South Wales meet the forest management and reporting requirements of the Australian Standard for Sustainable Forest Management (AS 4708) as well as obligations to have FMPs under the Forestry Act 2012. FMPs are a summary of the Forestry Corporation of New South Wales approach to sustainable forest management. They outline the legal and regulatory framework, and demonstrate commitment to ecologically sustainable forest management (ESFM) and to maintaining certification to the Australian Standard for Sustainable Forest Management (AS 4708).

ESFM is the guiding philosophy behind the management of State forests in New South Wales. It underpins the systems and processes applied by the Forestry Corporation of New South Wales, and maintains high ecological principles and biodiversity while taking into consideration the needs and benefits to communities and industry.

Private Native Forestry Property Vegetation Plans (PNF PVP) are legally binding agreements between a landholder and the Environment Protection Authority (EPA). Private native forestry (PNF) in New South Wales is regulated under the Local Land Services Act 2013. The Local Land Services Act 2013 provides the EPA with the function of monitoring forestry operations (under an approved PNF PVP) and the function of enforcing compliance with the requirements for forestry operations through the Biodiversity Conservation Act 2016. Under the Act, PNF operations can only be undertaken with an approved PNF PVP. Once a PNF PVP is entered into, landholders must implement the minimum operating standards set out in the PNF Code of Practice.

Plans of Management are statutory documents prepared under the National Parks and Wildlife Act 1974, and provide a framework of objectives, principles and policies that guide the conservation management of the natural and cultural heritage values contained in national parks and other reserves. Statements of Management Intent are used to guide reserve management prior to the adoption of a Plan of Management. Plans of Management (including those in Final, Draft or In Preparation stage) and Statements of Management Intent (Final or Draft) within the New South Wales National Parks and Wildlife Service estate cover about seven million hectares. This area includes forest and non-forest areas.

Special Areas Strategic Plan of Management 2015: Special Areas are lands declared under the Water NSW Act 2014 for the following purposes:

• protecting the quality of stored waters, whether intended for drinking or other purposes
• maintaining the ecological integrity of an area of land declared to be a Special Area in a manner that is consistent with the objectives of WaterNSW.

Special Area lands surround and protect drinking water supply storages (Figure 7.1a-1) and are declared under the Water NSW Act 2014. Under this legislation, WaterNSW and the New South Wales National Parks and Wildlife Service are required to jointly manage Special Areas by jointly preparing and implementing a plan of management.

WaterNSW has responsibility for the quality of water in Greater Sydney’s drinking water catchment areas. The National Parks and Wildlife Service is the primary conservation agency in New South Wales and is also the landowner of reserves within the Special Areas that have been gazetted under the National Parks and Wildlife Act 1974. Objectives of the National Parks and Wildlife Act 1974 include the conservation of natural and cultural values in the landscape – objectives that are complementary to the Water NSW Act 2014 requirement to protect water quality and ecological integrity.

Singleton Military Area Environmental Management Plan and Beecroft Weapons Range Environmental Management Plan cover areas managed by the Australian Government Department of Defence. The Singleton Military Area covers 14,000 hectares and the Beecroft Weapons Range covers 4,200 hectares. Both areas include forested and non-forested land. The Environmental Management Plans document the biodiversity values of each site and prescribe management actions to ensure Defence activities do not adversely affect those biodiversity values. As part of this the Department of Defence works closely with the State of New South Wales and local agencies to develop and implement components of the Environmental Management System, such as bushfire management, threatened species monitoring, catchment management, feral animal control and native fauna management.

Private Native Forestry Codes of Practice are statutory documents that guide farm forestry operations in New South Wales. The Private Native Forestry Codes set minimum operating standards for harvesting in farm forests in line with ecologically sustainable forest management (ESFM). There are four Private Native Forestry Codes which apply to different regions across New South Wales, namely:

• Northern NSW
• Southern NSW
• River red gum forests
• Cypress and western hardwood forests.

The new Private Native Forestry Codes of Practice commenced in May 2022 after a comprehensive review undertaken by the New South Wales Natural Resources Commission. Local Land Services manages and approves farm forestry via the Private Native Forestry Codes of Practice.

Tasmania

Tasmania’s Forest Practices Code 2020 refers to procedures, manuals, guidelines and processes for forest management, timber harvesting and other forest operations. It provides for the protection and management of environmental values and social values during forest operations, in particular: soils; geomorphology; visual landscape; water quality and flow; flora, fauna, genetic resources and cultural heritage.

Tasmania is the only Australian jurisdiction with a code of practice for the management of nature conservation reserves. The Tasmanian Reserve Management Code of Practice 2003 complements other codes, including Tasmania’s Forest Practices Code 2020. It is the result of a commitment under the 1997 Tasmanian Regional Forest Agreement to develop and implement a code of practice to cover all environmental practices in reserves. The code provides information and guidance for best-practice operational standards for management activities in Tasmania’s nature conservation reserves.

Victoria

Under the Parks Victoria Act 2018 a Land Management Strategy is required. The Parks Victoria Land Management Strategy 2022 sets out the vision, long‑term strategies and priorities for the protection, management and use of land managed by Parks Victoria, and land managed by committees of management appointed under the Crown Land (Reserves) Act 1978 and the Forests Act 1958, and land subject to an agreement under the Conservation, Forests and Lands Act 1987 that is managed by Parks Victoria. These lands include terrestrial, coastal and marine parks and reserves managed by Parks Victoria and jointly managed with Traditional Owners.

Table 7.1a-6 lists joint management plans prescribed in legislation for the conservation and sustainable management of forests by Traditional Owners with Parks Victoria.

Western Australia

The Santalum spicatum (Sandalwood) Biodiversity Management Programme 2023, enabled by the Biodiversity Conservation Act 2016, provides for the conservation, protection, and management of native sandalwood to stabilise wild populations through conservation and ecologically sustainable use. Wild sandalwood populations occur on Crown and private lands over 15 Western Australian Interim Biogeographic Regionalisation for Australia (IBRA) bioregions of the Wheatbelt, Goldfields, Murchison, Gascoyne and southern Pilbara.

Regional Forest Agreements (RFAs) are long term agreements for the conservation and sustainable management of Australia’s native forests in the regions in which they apply. Ten RFAs were negotiated bilaterally between the Australian Government and four of the six state governments (New South Wales, Tasmania, Victoria and Western Australia), and commenced between 1997 and 2001. Each of the 10 RFAs is based on a Comprehensive Regional Assessment. The Australian and Queensland governments also completed a Comprehensive Regional Assessment for south-east Queensland but did not create an RFA. Davey (2018) describes the origins and development of Australia’s regional forest agreements.

In October 2013, the Australian Government committed to maintaining its support for long-term RFAs by seeking to establish 20-year ‘rolling lives’ for each RFA. The initial 20-year periods of the 10 RFAs expired between 2017 and 2021. By March 2019, the Tasmanian RFA, the three New South Wales RFAs, and the Western Australia RFA had been extended for a further 20 years following assessment processes. The five RFAs in Victoria were varied in March 2020 with 10-year extensions to June 2030, however Victoria subsequently announced that the five RFAs will end in December 2024.

Figure 7.1a-2 shows the 11 regions to which the 10 RFAs apply (the Upper North East New South Wales region and the Lower North East New South Wales regions are covered by a single RFA). It also shows the region in south-east Queensland for which a Comprehensive Regional Assessment was completed, but no RFA was signed.

Click here for high-definition copy of Figure 7.1a-2.

RFAs are designed to provide stability for forest-based industries, certainty for forest-dependent communities, and conservation of forest ecosystems through a Comprehensive, Adequate and Representative (CAR) reserve system. Each RFA was the result of a Comprehensive Regional Assessment involving substantial scientific study, consultation and negotiation, and covering a diverse range of stakeholder interests. Information was gathered on the social, economic, environmental, and cultural and natural heritage values of each region’s forests, and a science-based methodology was used to determine forest allocation for different uses and forest management strategies. The Regional Forest Agreements Act 2002 gives effect to certain obligations of the Commonwealth under RFAs, including public reporting.

Under the Regional Forest Agreements Act 2002, five-yearly RFA review reports on the performance of each RFA are to be tabled in the Australian Parliament by the Australian Government minister with responsibility for forestry. The status of each five-yearly review is detailed in Indicator 7.1d.

In addition, Commonwealth Government export licencing requirements under the Export Control Act 2020 (Cth) (specifically, the Export Control (Wood and Woodchips) Rules 2021) do not apply to the export of wood and wood chips from native forests in a region covered by an RFA.

Australia’s Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to matters of national environmental significance, such as World Heritage properties and Natural Heritage places, Ramsar Wetlands of international importance, nationally listed threatened species and ecological communities, internationally listed migratory species, and water resources.

Forestry operations undertaken in accordance with a Regional Forest Agreement (RFA) outside World Heritage areas or Ramsar wetlands do not require additional assessment and approval under Part 3 of the EPBC Act. This recognises that conservation values in each region were assessed as part of Comprehensive Regional Assessments before each RFA was signed, leading to the establishment of the Comprehensive, Adequate and Representative reserve systems and requirements that forestry operations must adhere to the principles of Ecologically Sustainable Forest Management (ESFM). The RFAs provide a substitute system and an equivalent level of protection to that provided by Part 3 of the EPBC Act. Davey (2018) discusses the interrelationship between RFAs and the EPBC Act.

Firewood is wood used for residential heating, whereas fuelwood is wood or wood products used as industrial fuel or for bioenergy production. Firewood is one of the most utilised wood products, and is collected from plantations, agricultural lands and native forests. Its use is an important segment of the forest sector, and important to regional communities. Industrial fuelwood includes wood waste generated during wood processing. Data on firewood and fuelwood consumption (use) are provided in Indicator 6.1d.

Regulations are in place across Australia to protect threatened species and ecological communities from the impacts of firewood collection. Many states and territories regulate the personal and commercial collection of firewood by permit systems. Regulatory controls on the clearing of native vegetation also restrict firewood collection. A National Approach to Firewood Collection and Use in Australia (ANZECC 2001) was developed and endorsed by governments in 2001, and in August 2005 the Natural Resource Management Ministerial Council agreed to a Voluntary Code of Practice for Firewood Merchants (NRMMC 2005). From 2005, a scheme operated by the Firewood Association of Australia certified compliance of firewood merchants and suppliers with the voluntary code of practice, but the scheme ceased in 2011, although members of the Firewood Association of Australia continue to adhere to the voluntary code of practice as an ongoing condition of their membership (FAA 2023; DSEWPaC 2011).

Australia’s Illegal Logging Prohibition Act 2012 aims to support the trade in legally harvested wood and wood products by giving consumers and businesses greater certainty about the legality of the wood products they purchase. The Act makes it a criminal offence to intentionally, knowingly or recklessly import or process illegally logged timber or timber products, including domestically grown raw logs.

The Illegal Logging Prohibition Regulation 2012 prescribes due diligence requirements to minimise the risk of obtaining illegally logged wood, and lists the wood products subject to those requirements. The due diligence requirements are for use by importers of the listed wood products and by processors of domestically grown raw logs. In 2019-20, the regulated community was estimated to include about 20,000 importers and about 300 to 400 domestic processors.

State-specific guidelines were developed and released to help processors better understand the legal frameworks used in New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia to regulate the harvesting of wood.

ANZECC (Australian and New Zealand Environment and Conservation Council) (2001). National Approach to Firewood Collection and Use in Australia. Australian and New Zealand Environment and Conservation Council, Canberra.

NRMMC (Natural Resource Management Ministerial Council) (2005). Voluntary Code of Practice for Firewood Merchants. Natural Resource Management Ministerial Council, Canberra.

FAA (Firewood Association of Australia) (2023). Firewood Association of Australia Inc. – About the FAA, accessed 11 October 2023.

Davey SM (2018). Regional forest agreements: origins, development and contributions, Australian Forestry 81: 64–88.

DSEWPaC (Australian Government Department of Sustainability, Environment, Water, Population and Communities) (2011a). Firewood, Australian Government Web Archive, Canberra, accessed 10 October 2023.