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

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64<br />

The PR Act <strong>and</strong> Code provide certainty for harvesting, which was previously provided under the Timber<br />

Plantations (Harvest Guarantee) Act 1995. Plantations certified under the Timber Plantations (Harvest<br />

Guarantee) Act are deemed to be authorised under the Plantations <strong>and</strong> Reafforestation Act.<br />

A statutory review <strong>of</strong> the Act <strong>and</strong> Code started in January 2005. As required, a report to Parliament on<br />

the outcomes <strong>of</strong> the review was filed in December 2005. During 2006 <strong>and</strong> <strong>2007</strong> inter-agency working<br />

groups developed amendments to the Act <strong>and</strong> Code based on the recommendations in the report. An<br />

Industry Reference Group was consulted on the proposed amendments. It is intended to place the<br />

proposed amendments on public exhibition, providing an opportunity for comment by the broader<br />

community. An Amendment Bill will then be introduced into Parliament.<br />

In 2005–2006, as part <strong>of</strong> data provision for the Commonwealth State <strong>of</strong> the Forest <strong>2008</strong> reporting<br />

process, Forests NSW <strong>and</strong> PWG rated the extent to which the existing legal framework, applicable to<br />

their tenure, provided for ESFM. The ESFM components considered included forest management<br />

planning <strong>and</strong> review, <strong>and</strong> public <strong>and</strong> indigenous participation (see tables in the 2006–<strong>2007</strong> Annual<br />

<strong>Report</strong>).<br />

Forests NSW <strong>and</strong> PWG also considered whether the existing legal framework provided for best<br />

practice for a number <strong>of</strong> forest activities. Forests NSW <strong>and</strong> PWG considered that the existing legal<br />

framework overwhelmingly provides for the various ESFM aspects <strong>and</strong> coverage <strong>of</strong> forest activities.<br />

As in the 2005–2006 <strong>and</strong> 2006–<strong>2007</strong> reporting years, management policies are reported on under<br />

Criterion 7.2. This is to align reporting with the national State <strong>of</strong> the Forests <strong>2008</strong> reporting<br />

requirements.<br />

Legal framework <strong>and</strong> Aboriginal interests<br />

The extent to which facets <strong>of</strong> Indigenous participation in ecologically sustainable forest management is<br />

provided for in the legal frameworks for nature conservation reserves in NSW has not changed from<br />

the previous reporting period.<br />

As at 30 June <strong>2008</strong>, co-management arrangements in the regions included:<br />

In the UNE region:<br />

Indigenous L<strong>and</strong> Use Agreements (ILUAs) with the Bundjalung people <strong>of</strong> Byron Bay (Arakwal) for<br />

Arakwal NP <strong>and</strong> a proposed Ti Tree Lake Aboriginal Area near Cape Byron; <strong>and</strong> with the Githabul<br />

people for ten parks in the Kyogle area. (DECC Annual <strong>Report</strong> <strong>2007</strong>–08).<br />

In November <strong>2007</strong>, the Federal Court recognised the Githabul people’s native title rights to over<br />

112 000 ha <strong>of</strong> public l<strong>and</strong>s, including DECC estate <strong>and</strong> state forests in the Kyogle, Woodenbong<br />

<strong>and</strong> Tenterfield areas <strong>of</strong> NSW. This is the largest determination <strong>of</strong> native title in NSW, <strong>and</strong> means<br />

the Githabul people are legally entitled to access <strong>and</strong> camp in the areas; fish, hunt <strong>and</strong> gather<br />

animal <strong>and</strong> plant resources for personal use; take <strong>and</strong> use water for personal use; access the<br />

area for spiritual purposes <strong>and</strong> access sites <strong>of</strong> spiritual significance; <strong>and</strong> protect places <strong>of</strong><br />

importance from physical harm. The rights are non-exclusive, meaning that the wider community<br />

will still be able to access these areas.<br />

In the UNE, 30 782 ha <strong>of</strong> State forest tenure was recognised with Native Title with the Githabul<br />

people, <strong>and</strong> Forests NSW entered into an Indigenous L<strong>and</strong> Use Agreement with Aboriginal people<br />

over a total <strong>of</strong> 53 279 ha <strong>of</strong> l<strong>and</strong>. Under the agreement, State Forests remains l<strong>and</strong> manager while<br />

NSW FOREST AGREEMENTS AND INTEGRATED FORESTRY OPERATIONS APPROVALS

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