RFA process. It would give some reassurance to
the community, if forestry activities are effectively governed by environmental
and other relevant laws, in particular those relating to matters of
transparency, review and accountability.
Despite
participating in many discussions on this matter, the Democrats retain the view
that forestry operations in Tasmania should not be exempt from the provisions
of Federal or state environmental laws. The Democrats believe significant
penalties must be swiftly enforced for any breaches of the Forest Practices
Code, or of other environmental laws in any relevant jurisdiction.
Recommendation 1
As a result, the Democrats recommend that Tasmanian forestry, and
forestry activities in all other states, should be assessed under the Federal
regulatory framework and must not be exempt from the provisions of the Environment Protection and Biodiversity
Conservation Act 1999.
This would ensure
forestry activities are assessed to the same environmental standards as
required of other large-scale users of resources that have the potential to
impact on matters of national environmental significance, including threatened
species and communities, migratory species, World Heritage areas, National
Heritage places and wetlands of international importance. This approach would
also give appropriate weight to environmental matters of importance in state
land management including regional catchment management plans, listed
threatened species and communities, and other matters of importance to local
communities.
2. Requirements for further inquiry and
review with relation to Tasmania
The Democrats are
concerned that Recommendation 13 in Chapter 8 relating particularly to
Tasmanian forests stops short of requesting a judicial inquiry into Tasmanian
forest operations. While the Recommendation calls for immediate cooperation of
both the state and Commonwealth governments, and for "an immediate and
independent review with more compelling and drastic powers" should such
cooperation not be forthcoming, Committee
member Democrat Senator Aden Ridgeway believes that the time for cooperation on
this issue has passed, and that a judicial review with full powers of subpoena
is necessary. The Democrats believe that an inquiry should have the power to
issue warrants for the presentation and or seizure of relevant documents in
order to facilitate its review.
In light of the
deeply entrenched culture of secrecy perceived by the general community
surrounding both industry and government involved in forestry issues in
Tasmania, and of the fact that international attention has been brought to the
issue, there is a significant and immediate need for greater accountability.
There must be improved ways in which members of the community can seek review
of decisions and there must be greater transparency in decision-making and
operations. The Democrats believe only judicial review can fulfil these needs,
and recommend that such a course of action is the appropriate way to move this
contentious issue forward.
Senator Ridgeway
Australian Democrats