Regional Forest Agreement for Sth NSW Annual Report - july 2005

REGIONAL FOREST AGREEMENT for the SOUTHERN REGION of NEW SOUTH WALES

Progress on the implementation of the Regional Forest Agreement for the Southern Region - 1 July 2005 – 30 June 2006

Introduction

Regional Forest Agreements (RFAs) 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 NSW there are three RFAs in place covering the North East, Eden and Southern regions. The Prime Minister, the Hon John Howard MP and the then Premier of NSW, the Hon Bob Carr MP, signed the Southern RFA on 24 April 2001.

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 report on the Southern RFA and provides details on the achievement of milestones for the period 1 July 2005 to 30 June 2006.

NSW to develop Recovery Plans for species listed in Table 1. Within five years of signing

Progress on Milestones - Note: References to NSW government agencies are as 30 June 2006.

Clause	Action	Timeline	Implementation
6	The Parties to determine the process for extending the Agreement for a further period.	As part of the third five-yearly review	Not required until the third five-yearly review.
34	NSW will have in place a forest agreement covering the Southern region and grant an integrated forestry operations approval applying to the Southern region.	30 June 2001	The NSW Forest Agreement for the Southern Region came into effect on 3 May 2002. The Integrated Forestry Operations Approval (IFOA) for the Southern Region was granted on 3 May 2002 and commenced on 13 May 2002.
37	Parties to report annually on the achievement of milestones in this Agreement.	Annually for the first five years	This is the fifth and final annual report on the achievement of milestones contained in the Southern Regional Forest Agreement (RFA) and covers the period from 1 July 2005 to 30 June 2006.
40	The Parties to determine the mechanism for the five yearly review.	Before the end of the five yearly review period	The components for the review of the RFA are being investigated including consideration of processes in other States with an RFA.
41	Commonwealth will table the signed RFA in the Commonwealth Parliament.	Following signature	The signed RFA for the Southern Region was tabled in both Houses of the Federal Parliament on 20 June 2002.
41	Commonwealth will table in the Commonwealth Parliament the annual reports of achievement of milestones for the first four years.	Annually	This is the fifth annual report for the Southern RFA to be tabled in Federal Parliament.
41	Commonwealth will table in the Commonwealth Parliament the first five yearly review on performance against milestones and commitments.	Following first five yearly review	Not required until after the first five yearly review. [Refer clause 40]
47 (c)	NSW to complete and publish plans of management for areas dedicated under the National Parks and Wildlife Act 1974 (NSW).	31 January 2006	Of the 125 national parks/nature reserves/state conservation areas (SCAs)/historic sites/Aboriginal areas/regional parks in the Southern Region, 34 have plans of management adopted by the NSW Minister for the Environment. A further 39 draft plans have been publicly exhibited and another 31 are in preparation. The remaining 21 plans have yet to be commenced.
47 (d)	NSW to complete and publish Regional ESFM Plans for State forests.	31 December 2001	Forests NSW (FNSW) regional ESFM plans for the South Coast and Tumut sub-regions of the Southern region were finalised in August 2005 and are available at the Forrest NSW website
47 (e)	NSW to implement the Forest Management Zoning system for the Southern region.	31 December 2001	The Forest Management Zoning (FMZ) system for State forests was publicly announced in March 1999 with the release of the document entitled, Managing Our Forests Sustainably: Forest Management Zoning in NSW State Forests. Final maps showing the FMZ layer for the South Coast and Tumut sub-regions of the Southern region are attached to the Regional ESFM Plans. [ refer also to clause 47d]
47 (g)	NSW to implement the review and monitoring processes and develop the strategic and operational requirements of Sustainable Yield systems and processes to enable a review of Sustainable Yield.	1 December 2006	Development of sustainable yield systems and review of sustainable yield will be considered once the improvements to FRAMES [refer Att 8 (7)] 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.
47 (h)	NSW to develop and implement environmental management systems.	30 April 2004	DEC 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. Components of the program currently being developed include a park management guide, park management policy manual, park facilities manual, asset maintenance system, visitation management plans and a planning review. Another component 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 2005-06 is outlined at Att 6 Point 1(o). FNSW finalised a number of corporate systems and management reviews to obtain its external accreditation in ISO 14001 (EMS) in June 2006 . The ISO 14001 accreditation covers both native and plantation operations. During 2005/2006, FNSW completed its review and implemented recommendations of the internal audits which were undertaken in 2004/2005. The findings of these reports formed the basis for the external verifiers to assess FNSW’s EMS systems.
50	NSW to report on compliance of the Integrated Forestry Operations Approval applying to the Southern region and furnish the Comonwealth with a copy of these reports.	Annually	Annual reporting on compliance with the integrated forestry operations approvals (IFOAs) for the Southern Region has been incorporated into the NSW Forest Agreement Implementation reports that are completed for each financial year (1 July to 30 June).
52(d)	Both Parties to further develop, review, and if necessary revise Sustainability Indicators.	In time for the first five-yearly review	Consideration is being given to the review of the indicators as part of the review of the NSW Forest Agreements. Any review of the NSW Forest Agreements would occur according to the requirements in the Forestry and National Park Estate Act 1998.
56	NSW to produce a code of practice for Timber Harvesting of native forest on Private Lands.	By the first five-yearly review	A draft Code of Practice for Private Native Forestry has been developed following discussions with various stakeholders. It is proposed that the draft code will be enacted as an amendment to the Native Vegetation Act 2003 and will receive biodiversity certification under the Threatened Species Conservation Act 1995.
57	NSW to complete Code of Practice for Plantations on Private Land.	30 June 2001	This milestone was achieved with the implementation of the Plantations and Reafforestation (Code) Regulation 2001 in December 2001. The Plantations and Reafforestation Act 1999 and the Code provide certainty for harvesting, which was previously provided under the Timber Plantations (Harvest Guarantee) Act 1995. Plantations certified under the Timber Plantations (Harvest Guarantee) Act are deemed to be authorised under the Plantations and Reafforestation Act. A statutory review of the Act and Code commenced in January 2005. A report to Parliament on the outcomes of the review was filed in December 2005. Inter-agency working groups are meeting to develop amendments to the Act and Code, based on the recommendations in the Report. An Industry Reference Group will be convened to consider the proposals put forward by the working groups. In due course the proposed amendments will go on public exhibition, providing an opportunity for comment by the broader community. The review is scheduled to conclude in 2007.
98	NSW to establish a Research Liaison Committee and publish a list of research priorities.	30 September 2001	No additional meetings of the Research Liaison Committee occurred during this financial year. The list of research priorities remains unpublished at this stage.[Refer also clause 100]
100	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 2005/2006. [Refer also Clause 98]
103	NSW and the Commonwealth to lodge archival copies of data.	30 June 2001	A joint NSW/Australian Government archive was completed in November 2004.
Att 1 Point 4	NSW to prepare Plans of Management for Crown Reserves.	31 January 2006	In late 2002 all but six Crown Reserves in the Southern Region were reclassified as SCAs. Four were subsequently reclassified as SCAs in April 2005. Plans of management for SCAs are included in the figures reported at 47(c).The remaining two Crown Reserves - Mullengandra and Woomargama (both in the Tumut sub-region) are still subject to DPI Minerals objections to conversion to an SCA. A process for the preparation of plans of management for the remaining two Crown Reserves has not yet been established. Despite the lack of a plan of management, general park management still occurs as required.
Att 1 Point 5	NSW will finalise boundaries of CAR reserve with the exception of the Forest Management Zoning System.	30 June 2001	Boundaries were established following the assent of the National Park Estate (Southern Reservations) Act 2000 on 13 December 2000, and adjusted by notice in March 2001.
Att 1 Point 5	NSW will finalise the Forest Management Zoning System.	31 December 2001	Refer to clause 47(e).
Att 1 Point 8	NSW to establish all Dedicated Reserve components of the CAR Reserve System.	30 June 2001	[Refer to Att1 Point 5 “NSW will finalise boundaries of CAR reserve…” milestone above].
Att 1 Point 8	NSW to establish all Informal Reserve components of the CAR Reserve System.	31 December 2001	[Refer to Att1 Point 5 “NSW will finalise boundaries of CAR reserve…” milestone above].
Att 3 point 4	NSW will complete the Threat Abatement Plan for the European Red Fox.	31 December 2001	Milestone completed (refer to 2003/04 Annual report for further details).
Att 3 Table 1			The statutory requirement for the preparation of threatened species recovery plans was changed in 2005. Rather than recovery plans being obligatory for each threatened species the NSW Threatened Species Legislation Amendment Act 2004 established a requirement to prepare a Priorities Action Statement (PAS). The PAS will set out the strategies (recovery and threat abatement strategies) to be adopted for promoting the recovery of each threatened species, population and ecological community to a position of viability in nature. The PAS will also establish a framework for the development of relative priorities and recovery actions to allow for the implementation of these strategies. Amongst the possible strategies listed within the PAS are recovery planning or threat abatement planning. However, DEC has determined that recovery plans will not be required for all the threatened species listed within RFAs. The PAS will list and set out timetables for the preparation of recovery plans for the threatened species that have been determined to require them. The PAS will work in conjunction with existing recovery plans and programs already in place. It will not supersede or replace existing programs, rather provide a broader framework for the actions of those programs. The PAS was placed on public exhibition in early 2006 and, following adoption, will be reviewed every three years. While the statutory requirement for the preparation of threatened species recovery plans has changed, the preparation of some recovery plans are continuing. Fifteen of the 121 recovery plans listed in the RFA are approved and a further 13 draft plans are on public exhibition. [See the Threatened Species website for further detail, including a list of recovery plans.
Att 4 Point 14	NSW will identify and assess cultural heritage values in areas excluded from CRA assessments.	31 December 2001	Milestone completed (refer to 2003/04 Annual report for further details).
Att 6 Point 1(o)	NSW to publish a State of the Parks report.	31 August 2001	The first NSW 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 park system. The second NSW 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 6 Point 2(b)	NSW will publish Eco Field Guides for Southern region.	31 December 2001	The Eco Field Guide for the South Coast Sub region entitled Field Guide to Flora, Fauna and Heritage Features of Forest Management on the South Coast of NSW was printed in late 2005. The Eco-Field Guide for Tumut Sub-region is in preparation.
Att 6 Point 2(c)	NSW to document the basis for silvicultural practices and publish the Native Forest Silviculture Manual (SFNSW).	31 March 2001	Milestone completed (Refer to 2003/2004 annual report for further details).
Att 6 Point 2(d)	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 2005/2006.
Att 6 Point 2(e)	NSW to publish a description of the methods and results of calculating Sustainable Yield on Public Land.	1 December 2006	Not completed as the sustainable yield systems described in clause 47(g) have not been finalised.
Att 6 Point 2(e)	NSW to publish independent audits of Sustainable Yield as outlined in Attachment 8.	For the second and subsequent five-yearly reviews	Milestone not due until the second five yearly review.
Att 6 Point 2(f)	NSW will produce annual reports of progress for meeting targets in regional ESFM plans.	Annually	Reporting will commence following the full implementation of the Regional ESFM Plans. [Refer also clause 47(d)]
Att 6 Point 2(g)	NSW will report on the forest agreement covering the Southern region and on compliance with the IFOA applying to the Southern region	Annually	Preparation of annual NSW Forest Agreement ImplementationReports 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 NPWS and SFNSW. compliance with the IFOAs. [Refer also clause 50]
Att 6 Point 2(h)	NSW to table in each House of Parliament an annual report on the New South Wales Southern 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 regions.	Annually	Annual Forest Agreement Implementation Reports continue to be finalised. Tabling will occur as soon as final approvals have been granted.
Att 8 Point 2(b)	NSW NPWS will develop an Environmental Management System for lands dedicated under the National Parks and Wildlife Act 1974.	30 April 2004	Refer clause 47(h).
Att 8 Point 2(c)	SFNSW to develop a Native Forest Management System as an Environmental Management System.	30 April 2001	Refer clause 47(h).
Att 8 Point 2(l)	NSW to incorporate provisions that address in an integrated fashion 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)1 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 bush fire 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 PWD’s 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 [refer clause 47(d)] identify FNSW’s fire management commitments. FNSW’s corporate fuel management plan (or the Corporate Fire Management Strategy/Plan, as it is referred to in revised ESFM plans)is in a draft form and is under review by FNSW senior management. 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 8 Point 2(m)	NSW to incorporate within the Regional ESFM Plans and Plans of Management under the National Parks and Wildlife Act 1974 (NSW) integrated feral animal and weed control programs.	By the first five-yearly review.	DEC plans of management identify priority pest and weed problems and the need for actions which are in turn addressed by statewide threat abatement plans or regional pest management strategies. Regional pest management strategies outline objectives and strategies for managing priority pest animals and weeds across the DEC estate; aim to maximise the effectiveness of pest control programs; and outline how DEC will co-operatively manage pest issues across the landscape with other State government land management agencies, local government, Rural Lands Protection Boards, landowners and community groups. As discussed in revised regional ESFM plans, FNSW regions will develop a weed management plan and a pest animal management plan. These regional plans will be based on the approved model plans to ensure consistency. The plans will include details of the objectives, strategies and co-operative arrangements for the management of priority pest animals and weeds within each FNSW region. Finalisation of plans for each FNSW region is expected to occur by the end of 2007.

¹ PWD of DEC encompasses the National Parks and Wildlife Service.

Clause	Action	Timeline	Implementation
Att 8 Point 2(n)	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.	31 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. In mid 2005, FNSW completed its review of Forest Practices Code 1 (Plantations Code 1995) Timber Harvesting in Forests NSW Plantations. This document has been printed. 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 Fisheries2 carry out opportunistic threatened species compliance activities in relation to forestry operations where they coincide with other fishery compliance duties. NSW 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 8 Point 2(n) below.
Att 8 Point 2(n)	NSW to undertake audits as described above.	By the first and subsequent five-yearly reviews of the Agreement	During 2005/2006, EPL coverage applied to 27 separate FNSW operations in the Southern region. There were 62 operations where harvesting occurred without EPL coverage. The TSL applied to 89 forestry operations during the period in the region. DEC conducted two audits of operational and planning activities undertaken by FNSW. These audits identified 87 non-compliances with the EPL and 20 non compliances with the TSL. DEC received three new community complaints regarding potential water pollution and threatened species breaches in the Southern region. These matters were investigated by DEC. DEC received four community complaints regarding potential water pollution and threatened species breaches in the Southern forest region. These matters were resolved by DEC. As a result of these auditing activities in the Southern forest region, DEC provided feedback and sent two warning letters to FNSW regarding non-compliance with licence conditions. FNSW was required to undertake remedial work at 14 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 2005/2006. FNSW undertake internal monitoring of its compliance with the conditions of the IFOAs.. These audits are undertaken independently of those undertaken by DEC and DPIFisheries.FNSW internal auditing of major harvest contractor/operations allows it to identify possible breaches of conditions of the IFOAs and where better management/processes need to be implemented. FNSW also undertakes internal monitoring of provisions outside the scope of IFOAs, such as safety and FNSW corporate systems requirements. During 2005/2006, FNSW identified 345 incidents of noncompliance out of a potential 108 120 compliance checks (or 0.3% non-compliance rate). Most of the non-compliance incidents recorded were related to conditions outside the scope of IFOAs, such as safety issues (73%). Soil and water quality and flora and fauna non-compliances accounted for 26% and 1% of incidents respectively. No incidents related to fish habitat and passage were recorded.

² DPI Fisheries was formally known as NSW Fisheries

Clause	Action	Timeline	Implementation
Att 8 Point 5	SFNSW will publish all FRAMES CRA reports for the Southern region.	30 September 2001	Milestone completed for Southern RFA region (refer to 2003/04 annual report for further details).
Att 8 Point 6(b)	NSW will develop a model to predict recruitment and maintenance of habitat trees.	By end 2010	Milestone under development.
Att 8 Point 6 (d)	Report production of all timber products.	Annually	Included in the 2005/2006 NSW Forest Agreement Implementation report (in preparation).
Att 8 Point 6(e)	Undertake additional FRAMES plot inventory measurements.	By the first five yearly review.	No new FRAMES inventory plots were established in 2005/2006. However establishment of new FRAMES inventory plots, in areas harvested around Batemans Bay, is expected to commence soon. However, within the Permanent Growth Plot (PGP) inventory program an additional 8 new plots were established and 14 existing plots were remeasured in 2005. Another 16 plots are proposed to be remeasured in 2006. Data obtained from the Permanent Growth Plot inventory program will be incorporated into FRAMES. As part of remeasurement, PGPs have been converted to a new plot size. The larger plot size will result in a better capture of variability and improve mortality and recruitment modelling. When data becomes available, the current models will be reviewed and if necessary be updated and incorporated in FRAMES.
Att 8 Point 6(f)	Monitor FRAMES performance through comparison of actual versus predicted volumes.	Annually	Comparisons of actual versus FRAMES predicted volumes has not occurred. Consultation on an appropriate spatial scale for reporting of actual timber volumes against FRAMES predicted volumes is yet to occur.
Att 8 Point 7	NSW will establish and implement an ongoing FRAMES development program.	1 December 2006	In 2005/2006 the Atlas Cruiser inventory system was introduced to the Southern region. A switch to Atlas Cruiser (from MARVL) for inventory analysis is providing a more objective assessment of stem quality and improved data quality. However, The majority of the effort on FRAMES development has been specifically focussed on the North East region. However, the FRAMES development program in the Southern Region is expected to commence in the second quarter of 2007. FRAMES development for the Southern region is expected to proceed rapidly as many of the improvements from the North East region will be applicable to the Southern region.
Att 8 Point 8	NSW agrees to commission and publish an independent review of the enhanced FRAMES systems and processes applying to both the South Coast and Tumut sub regions.	1 December 2006	Improvements to FRAMES are yet to be finalised (see Att 8 Point 7). Therefore, an independent review of enhanced FRAMES has not been commissioned. [Refer also clause 47(g)].
Att 11 Point 7	NSW will have long term wood supply contracts in place for South Coast and Tumut	By 1 January 2001 and 1 January 2002 respectively	Milestone Completed (Refer to 2003/04 annual report)

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
  
• FRAMES - Forest Resource and Management Evaluation System
  
• IFOA - Integrated Forestry Operations Approval
  
• MARVL - Method for Assessment of Recoverable Volume by Log Types
  
• PWD - Parks and Wildlife Division of DEC
  
• RFA - Regional Forest Agreement
  
• SEEing - Social, Environmental and Economic report
  
• SCA - State Conservation Area
  
• FNSW - Forests NSW
  
• TSL - Threatened Species Licence