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Progress Report 2007-2008 - Department of Environment and ...

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the conditions set out in the EPLs <strong>and</strong> TSLs, which are issued to Forests NSW, are the chief means by<br />

which this is achieved. These licences are contained within the IFOAs for the UNE, LNE, Southern <strong>and</strong><br />

Eden regions.<br />

TSL coverage is m<strong>and</strong>atory in all active native forestry operations. Forests NSW may exercise its right<br />

not to seek EPL coverage for certain operations, but these operations are still subject to section 120 <strong>of</strong><br />

the Protection <strong>of</strong> the <strong>Environment</strong> Operations Act 1997, which prohibits the pollution <strong>of</strong> waters.<br />

Summary <strong>of</strong> auditing program<br />

To determine Forests NSW compliance with licence conditions <strong>and</strong> other relevant legislative<br />

requirements, DECC has developed an active audit program <strong>of</strong> Forests NSW forestry operations. The<br />

audit program ensures that Forests NSW is taking the required measures to protect the environment<br />

through planning <strong>and</strong> operational activities.<br />

Non-compliance with licence conditions is dealt with through meetings with senior Forests NSW<br />

<strong>of</strong>ficers, the issuing <strong>of</strong> feedback or warning letters, clean-up notices, or penalty notices, or prosecution<br />

action, as appropriate to the circumstances.<br />

Between 1 July <strong>2007</strong> <strong>and</strong> 30 June <strong>2008</strong>, DECC made 12 audits <strong>of</strong> Forests NSW pre-operational<br />

planning <strong>and</strong> operations in forest regions covered by an IFOA. As a result <strong>of</strong> these audits Forests NSW<br />

was issued with four penalty notices, three clean-up notice <strong>and</strong> 12 warning letters, required to carry out<br />

remedial work at 28 sites, <strong>and</strong> seek expert soil conservation advice for eight sites.<br />

Below are details <strong>of</strong> the outcomes <strong>of</strong> DECC’s audit program in each forestry region.<br />

Upper North East (UNE) region<br />

In the UNE region, EPL coverage applied to 31 separate forestry operations, there were<br />

124 operations where harvesting occurred without EPL coverage <strong>and</strong> TSL applied to 155 forestry<br />

operations. DECC made two proactive audits, <strong>and</strong> two reactive audit as a result <strong>of</strong> community<br />

complaints.<br />

The audits identified a total <strong>of</strong> 139 non-compliances with licence conditions, 122 non-compliances<br />

related to the EPL requirements <strong>and</strong> included:<br />

failure to mark roads on maps<br />

insufficient soil stabilisation measures<br />

waste left at logging sites<br />

incorrect or insufficient drainage structures<br />

administration errors, for example incorrect or incomplete planning documents.<br />

DECC identified 17 non-compliances with TSL conditions, including:<br />

insufficient pre-logging <strong>and</strong> pre-roading surveys for threatened species<br />

failure to prepare sufficient pre-logging <strong>and</strong> pre-roading reports<br />

damaged recruitment <strong>and</strong> habitat trees.<br />

NSW FOREST AGREEMENTS AND INTEGRATED FORESTRY OPERATIONS APPROVALS 81

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