Regional Forest Agreement for Eden New South Wales Annual Report - 2004-2005

REGIONAL FOREST AGREEMENT for the EDEN REGION of NEW SOUTH WALES - ANNUAL REPORT

Progress on the implementation of the Regional Forest Agreement for the Eden Region 1 July 2004 – 30 June 2005

Introduction

Regional Forest Agreements (RFA) are separate Agreements between the Australian Government and the State Governments of NSW, Victoria, Tasmania and Western Australia. Based on good science and extensive consultation, the Agreements set out broad strategies to achieve a balance between conservation and a sustainable and competitive forest industry. The Agreements are in place for 20 years.

In New South Wales there are three RFAs in place covering the North East, Eden and Southern regions. The Prime Minister, the Hon John Howard MP and the Premier of NSW, the Hon Bob Carr MP, signed the Eden RFA on 25 August 1999. The RFAs are subject to annual reporting during the first five years and thereafter five-yearly reviews, to report progress against milestones. Progress reporting by the Australian and NSW governments (the Parties) on the implementation of the NSW RFAs has been aligned to a financial year basis, being the period 1 July to 30 June each year.

This is the fifth and final Eden RFA annual report and provides details on the achievement of milestones for the period 1 July 2004 to 30 June 2005.

Progress on Milestones - Note: References to NSW Government agencies are at 30 June 2005.

Clause	Milestone	Timeline	Implementation
6	The Parties to determine the process for extending the Agreement for a further period.	3rd Five yearly review	Not required until the third five-yearly review
17	The Parties to develop and consider regional development initiatives to be funded from unspent Commonwealth and State funds committed under the South East Forest Agreement (SEFA).	Within six months of signing	No uncommitted funds remain under SEFA.
37	Parties to report annually on the achievement of milestones in this Agreement.	Annually for first five years	This is the fifth and final annual report on the achievement of milestones contained in the Eden Regional Forest Agreement (RFA) and covers the period 1 July 2004 to 30 June 2005.
40	The Parties to determine the mechanism for the five yearly review.	Before the end of the five yearly review period	NSW is continuing to develop a scoping agreement (including terms of reference) for the five yearly review. Elements of the scoping agreement that deal with the review of the RFAs will be finalised with the Australian Government following the establishment of a State position.
46(b)	NSW to complete and publish plans of management of areas dedicated under the National Parks and Wildlife Act 1974 (NSW).	1 January 2002	Completion of plans of management for areas dedicated under the National Parks and Wildlife Act 1974 are continuing. As at the 30th of June 2005 there were 18 national parks/nature reserves/state conservation areas (SCAs)/historic sites in the Eden region requiring the preparation of plans of management, 10 have plans of management adopted by the NSW Minister for the Environment. A further 3 draft plans have been publicly exhibited and another 3 are in preparation. Discussions are still occurring on Aboriginal leaseback arrangements for Biamanga National Park and therefore preparation of a plan is yet to commence. The plan for Dangelong Nature Reserve has also not commenced.
46(c)	NSW to complete and publish a Regional ESFM Plan for State forests.	1 April 2000	A revised regional ecologically sustainable forest management (ESFM)plan for the Eden region was placed on public display by Forests NSW1 (FNSW) in early 2005. Further public and State agency comment will be considered prior to its finalisation. The final Regional ESFM plan is expected to be published in late 2005.
46(d)	NSW to implement the Forest Management Zoning system for the Eden Region.	1 October 1999	The Forest Management Zoning (FMZ) system for State forests was announced in March 1999 with the release of the document entitled Managing Our Forests Sustainably: Forest Management Zoning in NSW State Forests. Implementation of this FMZ system continues in accordance with this document. The FMZ layers for the Eden region was attached to FNSW draft regional ESFM Plan in 2000/2001. Maps showing the FMZ layer are included in the revised Regional ESFM Plan, which was on public display in early 2005. Final maps will be released with the final regional ESFM plan. [Refer to Clause 46(c)] The areal extent of FMZ’s, (including FMZ 8 (lands for further assessment)) are reported on annually in FNSW’s corporate Social Environmental and Economic (SEEing) report.

¹ Forests NSW (formally State Forests of NSW) is now incorporated into the Department of Primary Industries. The Department of Primary Industries (DPI) was formed in July 2004, and also incorporates NSW Fisheries, Department of Agriculture and Department of Mineral Resources.

Clause	Milestone	Timeline	Implementation
46(f)	NSW to develop and implement an inventory system for regrowth forests and review the calculation of Sustainable Yield, using methods consistent with Attachment 11 and the principles and processes used in the Forest Resource and Management Evaluation System (FRAMES).	In time for the first five yearly review	In 2004/2005 FNSW continued to develop its inventoryplot management system for the Eden region (REDEN), through upgrades to the inventory analysis system. The system provides strategic analysis for even aged regrowth forests of the south east of the State. The development of sustainable yield systems and review of sustainable yield will be considered once the improvements to FRAMES [discussed in this clause and at Att 11 Point 5] are complete. The improvements to FRAMES and sustainable yield systems will contribute to improved strategic and tactical wood flow estimates, and a better understanding of sustainable yield available from the forest estate.
46(g)	NSW to grant an Integrated Forestry Operations Approval covering the Eden Region.	Within three months of signing	The Integrated Forestry Operations Approval (IFOA) for the Eden Region commenced on 1 January 2000.
46(h)	NSW to develop and implement environmental management systems.	Within five years of signing	FNSW’s EMS system development has continued to progress. FNSW has conducted a review of the significant environmental effect of its business. FNSW have also continued to develop various EMS components including the implementation of a corporate document control system, application of corporate environmental systems and ensuring consistency in the regional standards of its environmental controls. In addition, Regional ESFM plans [refer clause 46(c)] and associated supplementary plans, which form a component of FNSW’s EMS, continue to be developed. In 2004/2005 senior management of FNSW approved an audit program for native forest regions to assess the workings of its environmental management systems. The program did not include operational health and safety audits. Auditing in plantation areas was confined to compliance with the EPL and Codes of Practice during this period. FNSW aims to achieve certification to International Organisation for Standardisation (ISO) 14001, the international standard for an EMS, by early 2006 and it will apply to the plantation and native forest operational divisions. In addition, FNSW is considering the ramifications of certifying its forest area through one of two world certifying systems (Australian Forest Standard (AFS) or Forestry Stewardship Council (FSC)). These systems work either better with native forest or plantation and currently management is uncertain on which system is best for both areas of FNSW business. DEC2 is developing a Park Management Program that will provide an important component of an EMS. The program will define DEC’s objectives for park management, and integrate park policy, planning, operations, monitoring, evaluation, reporting and feedback. It provides the tools to make better decisions and will also improve coordination across DEC to make it easier for staff to access information to guide park management. One of the components of the program is the State of the Parks program that will form an important part of the monitoring framework that will be part of an EMS. Implementation of the State of the Parks program in 2004/2005 is outlined at Att 5 Point 1(p).

² DEC incorporates the National Parks and Wildlife Service (now referred to as the Parks and Wildlife Division ), Environment Protection Authority, Botanical Gardens Trust and Resource NSW

Clause	Milestone	Timeline	Implementation
49	NSW to report annually to Parliament on compliance with any Integrated Forestry Operations Approval for the Eden region and the New South Wales Eden Forest Agreement, and to furnish a copy to the Commonwealth.	Annually from 1999	Annual reporting on compliance with the IFOA for the Eden region has been incorporated into the NSW Forest Agreement Implementation reports completed for each financial year (1 July to 30 June). [Refer also Att 5 Point 2 (i)].
52(d)	Both Parties to further develop, review, and if necessary revise Sustainability Indicators.	In time for the first five yearly review	A review of sustainability indicators is to be conducted as part of forthcoming five yearly review and will also take into consideration MIG outcomes to ensure consistency between reporting streams.
56	NSW to produce a code of practice for Timber Harvesting of native forest on Private Lands.	By the first five yearly review	The Native Vegetation Conservation Act 1997 was replaced by the Native Vegetation Act 2003 (NV Act). In accordance with the NV Act, private native forestry operations will be required to maintain or improve environmental outcomes in accordance with a native vegetation regulation. The Code of Practice will set minimum operating standards for private native forestry operations to satisfy the “maintain or improve” test that is required by the draft regulation. Initial planning for the draft Code of Practice is currently occurring and it is expected to be released for public comment in 2006.
86	NSW to review legislation and policies relevant to the allocation and pricing of hardwood logs from State forests as part of the Competition Principles Agreement.	Before the end of 1999	The 1999 price review was completed in 2001. A subsequent review, the “Major Price Review” was initiated in 2006 and has not yet been finalised. It is anticipated that the Major Price Review will be finalised in 2008.
87	NSW to establish a Research Liaison Committee and publish a list of research priorities.	Within 12 months of signing	No additional meetings of the Research Liaison Committee occurred during 2004/2005. The list of research priorities remains unpublished at this stage. [Refer also clause 89]
89	NSW to prepare a Compendium of New South Wales Forest Research.	By the first five yearly review	No further work occurred on the Compendium of NSW Forest Research during 2004/2005. [Refer also clause 87]
92 and 93	NSW and the Commonwealth to develop a data agreement and lodge archival copies of data.	Within six months of signing	This milestone has been completed for the Eden RFA region. Refer to 2003/2004 annual report for more details.
Att 1 Point 4	NSW to prepare plans of management for Crown Reserves.	1 January 2002	No Crown Reserves, managed by PWD, remain within the Eden region. In 2002/2003, the only crown reserve was reclassified as a SCA [Yurramie SCA]. It is now reported on at clause 46 (c)
Att 1 Point 7	NSW to establish all Dedicated Reserve and Informal Reserve components of the CAR Reserve System.	Within six months of signing	All national parks, nature reserves and flora reserves were created by the Forestry and National Park Estate Act assented to on 14 December 1998.
Att 2 Table 1	NSW to develop Recovery Plans for species listed in Table 1.	Within five years of signing	The preparation of 22 of the 24 recovery plans listed in the Eden RFA are underway. Five plans are approved and eight are drafts that have been publicly exhibited. However, threatened species reforms in NSW proposed to come into effect in late 2005 will create changes to the statutory requirements for preparing threatened species recovery plans. DEC will be preparing a Priority Action Statement (PAS) that will set out recovery and threat abatement strategies that may be adopted for each threatened species. The PAS will also set out, under these strategies, a framework for developing relative prioritiesand recovery actions (or “priority actions”) which may include requirements for recovery and threat abatement plans. However, recovery plans will not be obligatory for all threatened species listed in RFAs. Priority actions are being prepared for a suite of species and are expected to be available in late 2005. [See the Threatened Species website for further detail, including a list of recovery plans]
Att 3 Point 8	Both Parties to finalise Statewide Guidelines for the Management of Cultural Heritage Values and Places.	End of 1999	Milestone completed for Eden RFA region (refer to 2003/04 annual report for further details).
Att 5 Point 1(p)	NSW to publish a State of the Parks report.	April 2000	The first State of the Parks report was released in November 2001 with this report providing an overview of the conservation values of NSW and their management within the parks system. The second State of the Parks survey was run in late 2004 with a public report released in June 2005. This report examined key issues for management within NSW parks and included data on the effectiveness of park management.
Att 5 Point 2(b)	NSW to publish the document Ecologically Sustainable Forest Management for the Eden RFA Assessment.	Within six months of signing	Milestone completed for Eden RFA region (refer to 2003/04 annual report for further details).
Att 5 Point 2(c)	NSW to document the basis for silvicultural practices and publish silvicultural guidelines for commercial forest types.	31 March 2000	Milestone completed for Eden RFA region (refer to 2003/04 annual report for further details).
Att 5 Point 2(d)	NSW to publish the results from the Yambulla and Tantawangalo Research Catchments	By the year 2000	The Tantawangalo study was published in 2001 (Refer to 2003/04 annual report for further details). The Yambulla study is ongoing and part of the Environment Protection Licence water quality monitoring program. Results will be published after the sites are harvested in future years.
Att 5 Point 2(e)	NSW to publish the results from the Eden Burning Study.	By the first five yearly review	A Research Paper (Research Paper 40) containing the results of the Eden Burning Study was published in January 2005. The document is entitled Effects of Logging and Burning Regimes on Forest Fuel in Dry Schlerophyll Forests in South-Eastern New South - Initial results (1986 – 1993) From The Eden Burning Study Area. This research paper can obtained at cost through the DPI Forests internet site.
Att 5 Point 2(f)	NSW to document and publish a description of the NSW Forest Management System covering Public and Private Lands.	In time for the first five yearly review	A likely approach for completion of this milestone will be to update the overviews of each of the NSW agencies that were contained in the Comprehensive Regional Assessment/Regional Forest Assessment (CRA/RFA) ESFM report, Description of Management Systems and Processes for Achieving Ecologically Sustainable Forest Management in NSW. No further progress on this milestone was made during 2004/2005.
Att 5 Point 2(g)	NSW to publish a description of the FRAMES system referred to in clause 46(f).	Within three months of signing	A technical report has been completed that describes the objectives, methods and outcomes of the Forest Resource and Management System (FRAMES) projects that were undertaken as part of the Eden CRA. The report is titled Eden Forest Resource And Management System report and was published 12/5/1998.
Att 5 Point 2 (h)	NSW to publish a description of the methods and results of calculating Sustainable Yield on Public Land	By the first five yearly review	Not completed as the sustainable yield systems described in clause 46(f) have not been finalised.
Att 5 Point 2 (h)	NSW to publish independent audits of Sustainable Yield as outlined in Attachment 11.	For the second and subsequent five yearly reviews	Milestone not required until the second five-yearly review.
Att 5 Point 2(i)	NSW to table in each House of Parliament an annual report on the New South Wales Eden Region Forest Agreement in accordance with the Forestry and National Park Estate Act 1998 (NSW) which will include an ESFM report and the outcomes of compliance with any Integrated Forestry Operations Approval for the region.	Annually from 1999	Preparation of annual NSW Forest Agreement Implementation reports is continuing. These reports for the UNE, LNE, Eden And Southern NSW forest agreements provide progress on: achievement of milestones in the NSW forest agreements. monitoring of ESFM criteria and indicators (sustainability indicators) by PWD and FNSW. compliance with the IFOAs. Tabling of the reports will occur when they are finalised. [Refer to clause 49]
Att 7 Point 12	NSW to incorporate codes of practice [sic provisions] that address bush and other fires within Regional ESFM Plans and plans of management for areas dedicated under the National Parks and Wildlife Act 1974 (NSW).	By the first five yearly review	The Parks and Wildlife Division(PWD)3 of DEC and FNSW ensure an integrated approach to fire management (including prevention, mitigation and suppression) is achieved through their participation in the Bush Fire Coordinating Committee and District Bush Fire Management Committees (Refer to 2003/2004 annual report for more details) The PWD also address bushfire management through incorporating ESFM principles into bush fire risk management plans and reserve fire management plans (prepared at the individual reserve level). These address the provisions outlined and are important for risk management, threatened species management and recovery planning. The PWDs’ reserve fire management plans are consistent with bush fire risk management plans but have a greater level of detail. These are prepared for reserves where such detail is necessary and a specific document is warranted. Where this level of detail is not required, provisions are incorporated directly in reserve plans of management. Revised regional ESFM plans identify FNSW’s fire management commitments. A revised regional ESFM plan for the Eden region was on public display in early 2005 and is expected to be finalised in late 2005 [Refer 46 (c)]. FNSW’s Corporate Fuel Management Plan (or the Corporate Fire Management Strategy/Plan, as it is referred to in revised ESFM Plans) is currently under review by FNSW Fire Management Branch and it will be open for FNSW internal comment in 2006. This corporate plan will provide a strategic framework for integrated management of FNSW managed forests and be supplemented by regional fuel management plans and fuel management programs.
Att 7 Point 13	NSW to establish a process, including public reporting, for regular audits of compliance and reviews of Codes of Practice, Eco-field Guides and Regional Prescriptions.	December 2002	FNSW has defined its audit procedure in Circular 2003/01 Monitoring and Measuring Compliance of Operations. FNSW publicly reports, at a statewide level, compliance and monitoring results in its SEEing report each year. As part of the implementation of FNSW EMS all operational control documents will be regularly reviewed and updated in accordance with the required time frames within the final documents or as per FNSW standard operating procedures. DEC audits and enforces FNSW’ compliance with the Threatened Species Licences (TSL) and Environment Protection Licence (EPL) which form part of the IFOAs. The audit program ensures that SFNSW is taking the required measures to protect threatened species and the aquatic environment through responsible planning and operational activities. DPI Fisheries4 carry out opportunistic threatened species compliance activities in relation to forestry operations where they coincide with other fishery compliance duties. DPI Fisheries investigate complaints when received. Information on TSL and EPL compliance throughout the year is provided in the NSW forest agreement reports each year, as described under clause 49. Further details on compliance audits are shown at Att 7(Point 13) below.

³ PWD of DEC encompasses the National Parks and Wildlife Service.

Clause	Milestone	Timeline	Implementation
Att 7 Point 13	NSW to undertake audits as described above.	By the first and subsequent five yearly reviews of the Agreement	During 2004/2005, EPL and TSL coverage applied to 98 separate FNSW operations in the Eden region. DEC conducted four operational and/or planning audits in the Eden region during 2004/05. These audits identified a total of 17 non-compliances with licence conditions. All 17 non-compliances related to the EPL including inadequate pre-operational planning, and drainage outlets on roads that were blocked. DEC also received three new community complaints regarding potential water pollution and threatened species breaches in the Eden region. All these matters resulted in field audits by DEC. As a result of these audits, DEC provided feedback to FNSW and issued two warning letters regarding noncompliance with the EPL for the Eden region. FNSW was required by DEC to undertake remedial work at five sites and seek expert soil conservation advice on one occasion. DPI Fisheries report that there were no known contraventions of the Threatened Species Licence under the Fisheries Management Act during 2004/2005. FNSW undertake internal monitoring of its compliance with the conditions of the IFOAs. These audits are undertaken separately of those undertaken by DEC and DPI Fisheries. Internal auditing by FNSW allows it to identify possible breaches of conditions of the IFOAs and where better management/processes need to be implemented. During 2004/2005, FNSW identified 232 incidents of noncompliance out of a potential 35 870 compliance checks (or 0.6% non-compliance rate). Incidents of non-compliance were equally divided between soil and water quality (50%), and flora and fauna issues (50%). No incidents were recorded for fish habitat and passage and other issues such as safety.
Att 11 Point 1	The Parties to commission, complete and publish a review of the systems and processes used, and the Sustainable Yield calculated from Public Land as a result of the New South Wales review of Sustainable Yield described in clause 46(f).	By the first five yearly review	Sustainable yield systems are yet to be finalised [see clause 46 (f)]. Therefore, a review of sustainable yield has not been commissioned.
Att 11 Point 2	NSW to undertake, complete and publish independent audits of Sustainable Yield.	In time for the second and subsequent five yearly review	Milestone not required until the second five-yearly review.
Att 11 Point 5	NSW to establish a continuous FRAMES development program for the Eden region consistent with the Statewide FRAMES.	By the first five-yearly review	In addition to the REDEN upgrades, referred to at clause 46(f), the Woodstock yield scheduling application was also formally introduced for the Eden region in 2004/2005. Outputs from REDEN are incorporated into a Spatial Woodstock and Woodstock wood flow model to provide a wood scheduling framework for monitoring and managing the forest resource. Woodstock will facilitate analysis and reporting at a range of spatial levels. These changes will improve FNSW ability to optimise sustainable use consistent with the Eden Region. An evaluation of the initial outputs from the system will be completed in late 2005. In addition, although predictive modelling used for the Eden region during the CRA/RFA was not the Forest Resource and Management System (FRAMES), improvements may be feasible in some cases by the direct application of enhancements developed for FRAMES in the North East and Southern regions.

⁴ DPI Fisheries was formally known as NSW Fisheries

Acronyms

• CRA/RFA - Comprehensive Regional Assessment/Regional Forest Assessment
  
• DEC - Department of Environment and Conservation
  
• DPI - Department of Primary Industries
  
• EMS - Environmental Management System
  
• EPL - Environment Protection Licence
  
• ESFM - Ecologically Sustainable Forest Management
  
• FMZ - Forest Management Zone
  
• FNSW - Forests NSW
  
• FRAMES - Forest Resource and Management System
  
• GIS - Geographic Information System
  
• IFOA - Integrated Forestry Operations Approval
  
• PWD - Parks and Wildlife Division of DEC
  
• RFA - Regional Forest Agreement
  
• SCA - State Conservation Area
  
• SEEing - Social, Environmental and Economic report
  
• SEFA - South East Forest Agreement
  
• TSL Threatened Species Licence