Attachment 2: Terms of Reference for the Independent Assessor

Background

The Regional Forest Agreements (RFAs) identify areas in the region or regions that the Parties believe are required for the purposes of a Comprehensive, Adequate and Representative Reserve System, and provide for the conservation of those areas; and provide for the ecologically sustainable management and use of forested areas in the regions; and provide long-term stability of forests and forest industries; and had regard to studies and projects carried out in the Comprehensive Regional Assessment in relation to all of the following matters that are relevant to the regions:

(i) environmental values, including old growth, wilderness, endangered species, national estate values and world heritage values;

(ii) Indigenous heritage values;

(iii) economic values of forested areas and forest industries;

(iv) social values (including community needs); and

(v) principles of Ecologically Sustainable Forest Management.

The State of New South Wales and the Commonwealth of Australia made the Regional Forest Agreements (RFAs) as follows:

Reporting requirements under the New South Wales RFAs include five yearly reviews (Clause 38 of Eden and Southern RFAs and Clause 40 of North East RFA). Clause 38 of Eden and Southern RFAs and Clause 40 of the North East RFA specify that:

“Within each five year period, a review of the performance of the Agreement will be undertaken. The purpose of the five-yearly review is to provide an assessment of progress of the Agreement against the established milestones, and will include:

(a) The extent to which milestones and obligations have been met, including management of the National Estate;

(b) The results of monitoring of Sustainability Indicators; and

(c) Invited public comment on the performance of the Agreement.”

Instead of reviewing implementation of each RFA separately it has been agreed to review the three RFAs together.

The RFAs also state that while the review process will not open up the Agreement to re-negotiation, both Parties may agree to some minor modifications to incorporate the results of the review.

The milestones in the RFAs subject of this review are those milestones specified in Attachment 4 of the Eden RFA and Attachment 5 of the other RFAs (Attachment 1). Consideration will be given to updating the RFAs in matters of fact (e.g. agency names, any changes made to requirements in legislation such as recovery plans or National Estate provisions).

The report on progress against milestones (titled Draft Report on Progress with Implementation of the New South Wales RFAs) will be prepared by the Review Committee. This report, comments received during public consultation, and the Committee’s response to these comments will be reviewed by an Independent Assessor and will lead to a report to Governments.

Terms of Reference for Independent Assessor

1. To review the Draft Report on Progress with Implementation of the New South Wales RFAs prepared by the Review Committee.

2. To consider the comments from the public consultation process and the Committee’s response to these comments.

3. Prepare and present to Governments an Independent Assessor’s report on progress with implementation of the New South Wales RFAs.

4. The Independent Assessor’s report would include the following:

• A brief statement verifying that a five-year review process has been undertaken against the established milestones according to State and Commonwealth Terms of Reference, including preparation of Draft Report on Progress with Implementation of the New South Wales RFA.
  
• A brief statement verifying that the five-year review process has included adequate opportunity for comment by the public.
  
• A statement, in the judgement of the Independent Assessor, on the progress of the implementation of the RFAs, after taking into account comments received during consultation.
  
• Any other brief comments, if necessary, that could assist the State and Commonwealth to complete its review and in preparing the Final Report on Progress with Implementation of the New South Wales RFAs.

The Assessor will be engaged on an hourly contract basis, with the bulk of the work to occur between early September and October 2008, and it is anticipated that the task will require between 30-50 hours in this period.

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