Proposed changes to the Private Native Forestry Code of Practice

PROPOSED CHANGES TO THE PRIVATE NATIVE FORESTRY CODE OF PRACTICEThe clause numbers below refer to the Draft Private Native Forestry Code of Practice released for public consultation from May 2012.Code Clause Proposed change NotesAll Codes Introduction Amends the object of the Code to include Crown land that is notCrown-timber land within the meaning of the Forestry Act 1916.Some landholders have Crown leases over land that is not Crowntimber-land. This land is subject to the Native Vegetation Act 2003 yetthese landholders are not able to obtain PNF PVPs, only normal clearingPVPs. These Crown leases also do not fall under the Forestry Act 1916.The proposed change will address this unintended gap by allowing theseland holders to apply for a PNF PVP rather than a normal clearing PVP.This will give these Crown lease landholders better equity with otherlandholders and greater flexibility in how they manage their land.All CodesAssessmentof broadscaleclearing forprivate nativeforestryMinor wording changes.The changes clarify that the approval for clearing is given under theNative Vegetation Act 2003, not the Code of Practice.All CodesMinorvariation ofCodeDeletes clause.Inserts new clause:A landowner can apply for a minor variation of the Code inaccordance with Clause 22 of the Native Vegetation Regulation2012.Currently landowners can apply for a minor variation if more than 10% ofthe forestry approval area (PNF PVP area) is unable to be harvested –this has been difficult to calculate.Arrangements for minor variations to Private Native Property PVPs arenow proposed to be set out in clause 22 of the (draft) Native VegetationRegulation 2012.Under the proposed change, accredited experts can approve a minorvariation for a specific PNF PVP if the variation improves or maintainsenvironmental outcomes. This change will make the rules for minorvariations under the PNF Code consistent with the rules for other PVPsand remove difficulties in calculating the 10% impact. The qualificationsfor accredited experts will be published on the EPA website, togetherwith the reports prepared by accredited experts on minor variations. Thisproposed change makes it clear that forest operations may operate inaccordance with minor variations approved under clause 22 of the of the(draft) Native Vegetation Regulation 2012 and that the EPA may or maynot already be aware of all landscape features that the landholder isrequired to protect under clause 4.1 of the Code.Key: PNF: Private Native Forestry; PVP: property vegetation plan; EPA: Environment Protection AuthorityProposed changes to the PNF Code of Practice 1

Code Clause Proposed change NotesAll Codes 1 Amends clause (c):All Codes 2.1(5)(a)(ii) Amends sub-clause to:For the purpose of preparing a PVP and assisting the landownerin preparing the Forest Operation Plan in clause 2 below, theEnvironment Protection Authority (EPA) will provide thelandowner with any available digital information it has in itspossession on landscape features (as identified in Table C insection 4.1) and any drainage features (as identified in Table Fin section 4.4 of this Code).recorded locations of any endangered populations or threatened(vulnerable, endangered and critically endangered) communitieslisted under the schedules of the Threatened SpeciesConservation Act 1995 and species in the Listed SpeciesEcological Prescriptions for Northern NSW Forests / SouthernNSW Forests / River Red Gum Forests / Cypress and WesternHardwood Forests, which are set out in the Appendix to thisCode.The proposed change expands on the nature of the information providedby the EPA. While mainly administrative in nature, the change clarifiesthat the information provided by the EPA is for information purposesonly, and should not be considered to be a complete survey of thefeatures present on the landholder’s land.The proposed change aligns the Code with the Threatened SpeciesConservation Act 1995. Under the Act, threatened ecologicalcommunities fall into three categories – Critically Endangered EcologicalCommunities, Endangered Ecological Communities, and VulnerableEcological Communities. When the Code was gazetted in August 2007,only Endangered Ecological Communities were listed.The current Code allows Forestry operations in Endangered EcologicalCommunities (with an Ecological Harvesting Plan approved by the ChiefRegulator EPA), prohibits Forestry operations in Vulnerable EcologicalCommunities, and is silent on Critically Endangered EcologicalCommunities.NorthernSouthernCypress2.1(5)(b)(ii)Amends sub-clause to:a description of the forest, including its disturbance history andcurrent conditionThe proposed change simplifies the written Forest Operation Plan bydeleting the requirement to describe forest types and overstorey speciescomposition. The change is consistent with the current wording of theRiver Red Gums Code of Practice.All Codes 2.1(6) Inserts new sub-clause:The provision of available digital information by the EPA onlandscape features (as identified in Table C in section 4.1) anddrainage features (as identified in Table F in section 4.4) doesnot reduce the landowner’s obligation to independently identifyand map in the Forest Operations Plan additional relevantlandscape and drainage features that may be present on theland. The EPA does not guarantee that the digital information itprovides is a complete list of these features on the land.The proposed change clarifies landholder responsibilities to identify andprotect landscape features on their property by making it clear thatinformation provided by the EPA does not indemnify the landholder fromexercising due diligence in relation to all landscape features identified inTable C in section 4.1.Key: PNF: Private Native Forestry; PVP: property vegetation plan; EPA: Environment Protection AuthorityProposed changes to the PNF Code of Practice 2

Code Clause Proposed change NotesAll Codes 2.1(7) Inserts new sub-clause:All Codes 2.2 Deletes current clause.The landowner must have the Forest Operation Plan approvedby an ’accredited expert’ where it relates to forest operations ina vulnerable ecological community (see Table C in section 4.1).Inserts new clause:(1) The landowner must notify the EPA of thecommencement or cessation of the following forestoperations:(a) any activity carried out under clauses 3.1 or 3.2 of theCode or;(b) any activity carried out under clause 5.2 of the Code;or(c) any activity carried out under clause 5.1that is for thepurpose of carrying out activities under clauses 3.1,3.2 or 5.2 of the Code.(2) In respect of commencement of forest operations,notification must be provided to the EPA within the periodstarting 14 days before commencement of the relevantforest operation and 3 days after commencement of thatoperation.(3) In respect of cessation of forest operations, notificationmust be provided within 14 days after the relevant forestoperation ceases. A forest operation is deemed to ceaseif no further forest operations are planned for a period of3 months or more.(4) Notification is to be provided by the landowner in one ofthe following approved formats:(a) Provision of notification information in a phone-call tothe Environment Line (131 555) or the local EPAoffice during standard office hours.(b) Provision of notification information in person at theEPA office during standard office hours.(c) Provision of notification information on a formapproved by the EPA and submitted by fax, mail oremail to a location specified on the form. The EPA willThe proposed change clarifies that where landholder plans to conductforestry operations in a vulnerable ecological community the ForestOperations Plan must be approved by an accredited expert. See TableC in section 4.1 for more information.The proposed change cuts red-tape for landowners by removing thecurrent requirement to provide the EPA with an annual report on loggingoperations.Landowners will now be required to notify the EPA of thecommencement and finalisation of forestry operations. Notification willbe possible up to 14 days before or up to 3 days after a forestryoperation is due to take place and again within 2 weeks after a forestryoperation is completed. If a landholder does not carry out any forestoperations in a given year, they will not need to notify the EPA at all.Landowners will be given a range of flexible options for notificationincluding: phoning Environment Line including notifying in person at thelocal EPA Office; by fax, email, or mail or on the web using a form whichthe EPA will develop.The clause specifies the information a landholder will be required toprovide at the time of notification including the PNF PVP number,proposed dates of forest operations, the type of operation, and contactdetails for any contractors. This is less than the information currentlyrequired to be provided in an annual report.The proposed change will also provide EPA with more up-to-dateinformation to assist with targeting compliance and regulatory activities.Key: PNF: Private Native Forestry; PVP: property vegetation plan; EPA: Environment Protection AuthorityProposed changes to the PNF Code of Practice 3

Code Clause Proposed change Notesacknowledge the receipt of this notification within oneworking week of its receipt.(d) Provision of notification information using the webbasedform available on the EPA website. The EPAwill provide an electronic receipt to the landowneracknowledging that notification has been received.(5) The following information must be included in anycommencement notification to the EPA:(a) the PNF PVP number(b) the proposed or actual commencement date of therelevant forest operation(c) the type and location of the forest operation beingcommenced(d) the estimated time the forest operation will take tocomplete(e) name and contact details of the principal contractor (ifany) who will be undertaking the forest operation.(6) The following information must be included in anycessation notification to the EPA:(a) the PNF PVP number(b) the type and location of the forest operations that areceasing(c) the date the forest operation ceased.NorthernSouthernRiver RedGum3.1(2) Amends sub-clause to:The minimum stand basal areas are to be calculated inaccordance with the Techniques for measuring stand basalarea, available at www.environment.nsw.gov.au/pnf.The proposed change updates the name of the reference document thatshould be used to measure stand basal area, available on the EPAwebsite.Northern 3.1 Note Moves the stand basal area note from the end of clause 3.2 to amore appropriate position in the Code (at the end of clause 3.1).The proposed change is administrative in nature.NorthernSouthernRiver RedGum3.2 Note Amends note to:For the purposes of selecting an appropriate silviculturalmanagement regime, reference should be made to theSilvicultural guidelines: Private Native Forestry Code ofPractice, available at www.environment.nsw.gov.au/pnf.The proposed change updates the name of the reference document thatshould be used for selecting an appropriate silvicultural managementregime, available on the EPA website.Key: PNF: Private Native Forestry; PVP: property vegetation plan; EPA: Environment Protection AuthorityProposed changes to the PNF Code of Practice 4

Code Clause Proposed change NotesAll Codes 3.3 Note Amends note to include a reference to the document that explainsthe methodology for assessing regeneration and stocking in arepresentative number of plots.Deletes text:Plots will be found to be either stocked or unstocked.All Codes 4.1 Replaces current sub-clause (2):Old growth and rainforest will be identified according to theprotocol approved by the Minister for the Environment availableat www.environment.nsw.gov.au/pnf.The proposed changes clarify the reference document available on theEPA website that should be used when assessing regeneration andstocking, and removes repetition and ambiguity.The proposed change is administrative in nature.Replaces current sub-clause (3):Before forestry operations can commence landowners mustexercise ‘due diligence’ in relation to Aboriginal objects, inaccordance with the Due diligence code of practice forprotection of Aboriginal objects, available atwww.environment.nsw.gov.au/conservation/aboriginalculture.htm.The proposed change requires landowners to exercise ‘due diligence’ inrelation to Aboriginal objects. This due diligence must be exercised inaccordance with the Due Diligence Code of Practice for the Protection ofAboriginal objects. This document can be found atwww.environment.nsw.gov.au/resources/cultureheritage/ddcop/ddcop-DII.pdfKey: PNF: Private Native Forestry; PVP: property vegetation plan; EPA: Environment Protection AuthorityProposed changes to the PNF Code of Practice 5

Code Clause Proposed change NotesAll Codes Table C Inserts new row:Landscape featureCritically endangeredecological communities listedin the Threatened SpeciesConservation Act 1995 at thedate the private native forestryPVP is approved by theMinisterOperational ConditionForest operations may notoccur, except that existingroads may be maintained.Amends operation prescription for vulnerable ecologicalcommunities:Landscape featureVulnerable ecologicalcommunities listed in theThreatened SpeciesConservation Act 1995 at thedate the private native forestryPVP is approved by theMinisterOperational ConditionForest operations must notoccur in vulnerable ecologicalcommunities, except under aForest Operation Planapproved by an accreditedexpert and that existing roadsmay be maintained.The proposed change aligns protection for critically endangeredcommunities to align with Threatened Species Conservation Act 1995.Critically endangered ecological communities were not listed in theThreatened Species Conservation Act 1995 at the time the PNF Codewas gazetted in August 2007.The proposed changes also align the treatment of threatened ecologicalcommunities to the potential risks. Forestry operations are not allowed inCritically Endangered Ecological Communities, the status quo remainsfor Endangered Ecological Communities and forestry operations arepermitted in Vulnerable Ecological Communities with a ForestryOperation Plan approved by an accredited expert (see clause 22 of the(draft) Native Vegetation Regulation 2012).Accredited experts will be required to prepare reports assessing theimpact of forestry in a Vulnerable Ecological Community. These reportswill be made available on the EPA website as well as the qualificationstandards for accredited experts.Cypress Table C Inserts new row:Landscape featureSteep slopesOperational ConditionForest operations must notoccur on slopes greater than30 degrees, except that: existing roads and tracksmay be maintained new roads and tracks maybe constructed subject toconditions in clause5.1(18) of the Code.The proposed change standardises the provisions for Cypress andWestern Hardwood Code with the other Codes. Some WesternHardwood Forests occur on ground with a slope greater than30 degrees.Key: PNF: Private Native Forestry; PVP: property vegetation plan; EPA: Environment Protection AuthorityProposed changes to the PNF Code of Practice 6

Code Clause Proposed change NotesCypress Table C Deletes point:Aboriginal scarred or carved treeCypress Table D Inserts new operational conditionAll CodesTable D and4.3(3)(b)Broad forest typesOperational ConditionWestern hardwood A minimum of 6 feed treesper 2 hectares should beretained where available. All feed trees that havemarks or ‘V’ notches fromsap-feeding mammalsmust be retained.Inserts new operational condition for Cypress and WesternHardwoods:Five mature female and five mature male trees of the genusAllocasuarina (forest oak) every two hectares, where available,plus any Allocasuarina that has crushed cones beneath it.The proposed change removes unnecessary text in the clause in theclause as forestry operations around Aboriginal scarred or carved treesare already proscribed in the following point.The proposed change standardises the provisions for the Cypress andWestern Hardwood Code into line with the other Codes. WesternHardwood forests provide critical habitat for animals which contribute topositive biodiversity outcomes such pest control, pollination and seeddispersal.Under the current Code, Allocasuarina spp. (forest oak) is classified as aprotected tree (clause 4.3(3)(b)), that must be protected from forestryoperations.The proposed change aligns the standards for protection of forest oakwith those that apply on the Crown forestry estate. Forest oak is nowproposed to be subject to a tree retention provision to allow for moreflexible harvesting for cottage industries whilst maintaining anappropriate number of the trees as feed trees.By retaining all Allocasuarina spp. with crushed cones beneath them,high quality feed trees for birds such as the glossy black cockatoo aremore likely to be retained. The glossy black cockatoo is listed as avulnerable species under the Threatened Species Conservation Act2005.NorthernSouthernCypressTable FAmends the reference to the stream order figure, which has beenmoved from the Appendix to Section 4.4 (Drainage featureprotection).The proposed change is administrative in nature.Key: PNF: Private Native Forestry; PVP: property vegetation plan; EPA: Environment Protection AuthorityProposed changes to the PNF Code of Practice 7

Code Clause Proposed change NotesNorthernSouthernRiver RedGum4.4(2) Deletes the word ‘limited’ from the second sentence. The proposed change is administrative in nature. The sub-clause setsout the limitations that apply to forest operations carried out in riparianbuffer zones ((a) to (g)), so the term ‘limited’ is superfluous.NorthernSouthern4.4(3)[4.4(2) inCypress andWesternHardwoodForests Code]Amends the reference to the stream order figure, which has beenmoved from the Appendix to Section 4.4 (Drainage featureprotection).The proposed change is administrative in nature.Cypress 4.4(7) Deletes sub-clause,Inserts new sub-clause:Drainage line buffer zones must be applied to all unmappeddrainage lines. For the purposes of this clause, drainage linebuffer zones are areas within, and under 10 metres of, the topedge of the bank of any unmapped drainage line.The proposed change standardises the provisions for drainage linebuffer zones in the Cypress Code with the other three Codes. Nosubstantive change is proposed to what can be done in drainage linebuffer zones.References to ‘walkover techniques’ moved to sub-clause (8). Theterminology for ‘machinery exclusion zone’ has been changed to‘drainage line buffer zone’.NorthernSouthern4.4(8) Deletes current sub-clause.Inserts new sub-clause:Drainage line buffer zones as specified in the Glossary to thisCode must be applied to all unmapped drainage lines.The proposed change rephrases the sub-clause for improved clarity. Nosubstantive change is proposed to what can be done in drainage linebuffer zones.The proposed change updates the terminology from ‘machineryexclusion zone’ to ‘drainage line buffer zone’ and refers landholders tothe Glossary for the relevant drainage line buffer zones.Key: PNF: Private Native Forestry; PVP: property vegetation plan; EPA: Environment Protection AuthorityProposed changes to the PNF Code of Practice 8

Code Clause Proposed change NotesNorthernSouthernCypress4.4(9) and(10)[4.4(8) inCypress andWesternHardwoodForests Code]Deletes sub-clauses (9) and (10).Inserts new sub-clause (9):Forest operations may occur in drainage line buffer zonessubject to the following limitations:(a) machinery, using walkover techniques, may extract logsfrom any area within a drainage line buffer zone(b) felling is directed away from the drainage lineThe proposed change rephrases the sub-clause for improved clarity. Nosubstantive change is proposed to what can be done in drainage linebuffer zones.(c) any furrows resulting from log removal are treated toprevent concentration of water flow(d) groundcover (including grasses, herbs, and forest litter) isretained or groundcover similar to groundcover in thesurrounding area is artificially reinstated.NorthernSouthernCypress4.4(11) (d)[4.4(10) inCypress andWesternHardwoodForests Code]Inserts new sub-clause:(d) the new roads and re-opened old roads comply withconditions set out in section 5 of this CodeThe proposed change makes it clear that the provisions of Section 5 ofthe Code (Construction and maintenance of forest infrastructure) applyto constructing new roads and re-opening roads in riparian buffer zones.NorthernSouthernNorthernSouthernCypress4.4(12) Deletes sub-clause. The proposed change is administrative in nature as these specificationsare now covered in clause 4.4(7).5.1(4) Deletes the words ‘must be to the minimum extent necessary’ The proposed change removes unnecessary repetition.NorthernSouthernCypress5.1(5) Adds references to Table C in section 4.1 and Table F in Section4.4The proposed change is administrative in nature.Key: PNF: Private Native Forestry; PVP: property vegetation plan; EPA: Environment Protection AuthorityProposed changes to the PNF Code of Practice 9

Code Clause Proposed change NotesAPPENDIXAll Codes The stream order schematic diagram has been moved from theAppendix to Section 4.4 Drainage Feature Protection.APPENDIX: LISTED SPECIES ECOLOGICAL PRESCRIPTIONSNorthernAmphibiansInserts new listed species:Yellow-spotted frog (Litoria castanea)CMAs for application of prescription Border Rivers/Gwydir,Central West, Lachlan, Murrumbidgee, Northern Rivers andSouthern RiversPrescription Where there is a record of the yellow-spotted treefrog in an area to be harvested or within 200 metres outside theboundary of the area to be harvested, the following must apply:(a) An exclusion zone of 30 metres wide must be implementedon both sides of all streams (including first-order, secondorderand above streams – see Figure 1) in the forestedarea within 200 metres of the record.(b) The width of the exclusion zone must be measured fromthe top of the bank of the incised channel, or, where thereis no defined bank, from the edge of the channel.The proposed change is administrative in nature.The proposed change includes appropriate prescriptions for the yellowspottedtree frog (Litoria castanea) which was listed as criticallyendangered in 2009 under the Threatened Species Conservation Act2005.MammalsMammals –Table I: Koalafood treesSpecies removed from prescription:Large-footed myotis (Myotis adversus)Inserts new listed species:River red gum (Eucalyptus camadulensis)The proposed change removed the large-footed myotis (Myotisadversus) from the Appendix.The large-footed myotis’s habitat is strictly bounded by proximity topermanent water. As such, the bat is considered to be sufficientlyprotected by the prescriptions already in place for protection of streamsunder section 4.4 of the Code.The proposed change adds appropriate prescriptions for river red gum(Eucalyptus camaldulensis) which is a primary food tree in KoalaManagement Area 5: Central and Southern Tablelands in the RecoveryPlan for the Koala 2008 available athttp://www.environment.nsw.gov.au/resources/threatenedspecies/08450krp.pdfKey: PNF: Private Native Forestry; PVP: property vegetation plan; EPA: Environment Protection AuthorityProposed changes to the PNF Code of Practice 10

Code Clause Proposed change NotesSpecies name corrected:The proposed change is administrative in nature.BirdsThreatenedFlora –specificprescriptionsTable JWestern grey box (Eucalyptus macrocarpa) [E. microcarpa]Prescription has been limited to two subspecies:Red-tailed black-cockatoo (Calyptorhynchus banksiisamueli, C. banksii banksii)Inserts three new listed species:Flame robin (Petroica phoenicea), scarlet robin (Petriocaboodang) and hooded robin (Melanodryas cucullatacucullata)CMAs for application of prescription All except for WesternPrescription No forest operations are permitted within a50-metre radius of all flame, scarlet and hooded robin nests.Inserts new listed species:Red goshawk (Erythrotriorchis radiatus)CMAs for application of prescription AllPrescription No harvesting within a 100 metres radiusexclusion zone around all red goshawk nests.Conditioned changed:MacNutt’s wattle (Acacia macnuttiana)CMA Border Rivers–Gwydir, Northern RiversCondition Updated from B (20 m exclusion zone around allindividuals) to E (90% of individuals must be protected fromdamage by use of techniques such as directional felling).The proposed change includes appropriate prescriptions for the redtailedblack-cockatoo (inland subspecies) (Calyptorhynchus banksiisamueli) which was listed as vulnerable in 2009, and the red-tailedblack-cockatoo (coastal subspecies) (Calyptorhynchus banksii banksii)which was listed as critically endangered under the Threatened SpeciesConservation Act 2005.The proposed change includes appropriate prescriptions for the flamerobin (Petroica phoenicea) which was listed as vulnerable in 2010, thescarlet robin (Petroica boodang) which was listed as vulnerable in 2010,and the hooded robin (Melanodryas cucullata cucullata) which was listedas vulnerable in 2001under the Threatened Species Conservation Act2005.The proposed change includes appropriate prescriptions for the redgoshawk (Erythrotriorchis radiatus) which was listed as criticallyendangered in 2009 under the Threatened Species Conservation Act2005.The proposed change is a more practical approach to facilitatecooperation with the Code.Protection of 90% of individual species is considered to be a moreappropriate given the semi-prolific nature of regeneration of this species.Key: PNF: Private Native Forestry; PVP: property vegetation plan; EPA: Environment Protection AuthorityProposed changes to the PNF Code of Practice 11

Code Clause Proposed change NotesUpdated to reflect new species name, updated condition:Bertya opponens [Bertya sp. Cobar-Coolabah]Condition Updated from A (50 m exclusion zone around allindividuals) to B (20 m exclusion zone around all individuals).Condition changed:Slaty red gum (Eucalyptus glaucina), northern populationCMA Northern RiversCondition Updated from G (exclusion of forestry activities from100% of individuals) to E (90% of individuals must be protectedfrom damage by use of techniques such as directional felling).The proposed change is a more practical approach to facilitatecooperation with the Code.The proposed change is a more practical approach to facilitatecooperation with the Code.Protection of 90% of individual species is considered to be a moreappropriate given the northern meta population (as opposed to thesouthern and central meta populations) is typically a larger and healthierstand that regenerates easily in disturbed areas.Inserts newlisted species:Banksia conferta subsp. confertaCMA Northern RiversCondition HRed helmet orchid (Corybas dowlingii)CMA Hunter–Central RiversCondition EPale yellow doubletail (Diuris flavescens)CMA Hunter–Central RiversCondition BBlack gum (Eucalyptus aggregata)CMA Central West, Hawkesbury/Nepean,Lachlan, Murrumbidgee, Southern RiversCondition EThe proposed change includes appropriate prescriptions for Banksiaconferta A.S.George subsp. conferta which was listed as criticallyendangered in 2007 under the Threatened Species Conservation Act2005.The proposed change includes appropriate prescriptions for the redhelmet orchid (Corybas dowlingii) which was listed as endangered in2007 under the Threatened Species Conservation Act 2005.The proposed change includes appropriate prescriptions for the paleyellow doubletail (Diuris flavescens) which was listed as criticallyendangered in 2008 under the Threatened Species Conservation Act2005.The proposed change includes appropriate prescriptions for black gum(Eucalyptus aggregata) which was listed as vulnerable in 2010 under theThreatened Species Conservation Act 2005.Key: PNF: Private Native Forestry; PVP: property vegetation plan; EPA: Environment Protection AuthorityProposed changes to the PNF Code of Practice 12

Code Clause Proposed change NotesDelicate pomaderris (Pomaderris delicata)CMA Hawkesbury–Nepean, Southern RiversCondition BDenman pomaderris (Pomaderris reperta)CMA Hunter–Central RiversCondition BSlaty leek orchid (Prasophyllum fuscum)CMA Hawkesbury–Nepean, Hunter–CentralRivers, Sydney MetroCondition BTephrosia filipesCMA Northern RiversCondition EWyong sun orchid (Thelymitra sp.Adorata)CMA Hunter–Central RiversCondition ETylophora linearisCMA Border Rivers–Gwydir, Central West,NamoiCondition EThe proposed change includes appropriate prescriptions for delicatepomaderris (Pomaderris delicata) which was listed as endangered in2002 under the Threatened Species Conservation Act 2005.The proposed change includes appropriate prescriptions for denmanpomaderris (Pomaderris reperta) which was listed as criticallyendangered in 2010 under the Threatened Species Conservation Act2005.The proposed change includes appropriate prescriptions for the slatyleek orchid (Prasophyllum fuscum R.Br. sens. str.) which was listed ascritically endangered in 2009 under the Threatened SpeciesConservation Act 2005.The proposed change includes appropriate prescriptions for Tephrosiafilipes which was listed as vulnerable in 2009 under the ThreatenedSpecies Conservation Act 2005.The proposed change includes appropriate prescriptions for the Wyongsun orchid (Thelymitra sp. 'Adorata') which was listed as criticallyendangered in 2008 under the Threatened Species Conservation Act2005.The proposed change includes appropriate prescriptions for Tylophoralinearis which was listed as vulnerable in 2008 under the ThreatenedSpecies Conservation Act 2005.Key: PNF: Private Native Forestry; PVP: property vegetation plan; EPA: Environment Protection AuthorityProposed changes to the PNF Code of Practice 13

Code Clause Proposed change NotesSouthernAmphibiansInserts new listed species:Spotted tree frog (Litoria spenceri)CMAs for application of prescription MurrayThe proposed change includes appropriate prescriptions for the spottedtree frog (Litoria spenceri) which was listed as critically endangered in2009 under the Threatened Species Conservation Act 2005.Prescription Where there is a record of the spotted frog in anarea to be harvested or within 200 metres outside the boundaryof the area to be harvested, the following must apply:An exclusion zone of 30 metres wide must be implemented onboth sides of all streams (including 1st and 2nd order and abovestreams – see Figure 1) within the forested area within200 metres of the record.The width of exclusion zone must be measured from the top ofthe bank of the incised channel, or, where there is no definedbank, from the edge of the channel.Inserts new listed species:Yellow-spotted tree frog (Litoria castanea)CMAs for application of prescription Border Rivers/Gwydir,Central West, Lachlan, Murrumbidgee, Northern Rivers andSouthern RiversThe proposed change includes appropriate prescriptions for the yellowspottedtree frog (Litoria castanea) which was listed as criticallyendangered in 2009 under the Threatened Species Conservation Act2005.Prescription Where there is a record of the yellow-spotted treefrog in an area to be harvested or within 200 metres outside theboundary of the area to be harvested, the following must apply:An exclusion zone of 30 metres wide must be implemented onboth sides of all streams (including 1st and 2nd order and abovestreams – see Figure 1) within the forested area within200 metres of the record.The width of exclusion zone must be measured from the top ofthe bank of the incised channel, or, where there is no definedbank, from the edge of the channel.Key: PNF: Private Native Forestry; PVP: property vegetation plan; EPA: Environment Protection AuthorityProposed changes to the PNF Code of Practice 14

Code Clause Proposed change NotesMammalsMammals –Table I: Koalafood treesSpecies removed from prescription:Large-footed myotis (Myotis adversus)Inserts note:Koala (Phascolarctos cinereus)Koala populations are generally sparse or of low density in theSouth Coast, Central and Southern Tablelands and WesternKoala Management Areas (Koala Management Areas 3, 5, 6and 7; see Figure 4) and, as a result, scats are rarelyencountered. Therefore, recording of any scat or a sighting of akoala in these areas should be considered significant.Inserts new listed species:River red gum (Eucalyptus camadulensis)Common name corrected:Eurabbie [Eurabble] (Eucalyptus bicostata)Species name corrected:Western grey box (Eucalyptus macrocarpa) [E. macrocarpa]Species removed from listing:Candlebark (Eucalyptus rubida)The proposed change removed the large-footed myotis (Myotisadversus) from the Appendix.The large-footed myotis’s habitat is strictly bounded by proximity topermanent water. As such, the bat is considered to be sufficientlyprotected by the prescriptions already in place for protection of streamsunder section 4.4 of the Code.The proposed change clarifies that while there are active populations inSouthern NSW, they are sparse and rarely seen. A lack of obviousevidence should not be taken to mean that there are not activepopulations in the immediate area.The proposed change adds appropriate prescriptions for river red gum(Eucalyptus camaldulensis) which is a primary food tree in KoalaManagement Area 5: Central and Southern Tablelands in the RecoveryPlan for the Koala 2008.The proposed change is administrative in nature.The proposed change is administrative in nature.The proposed change removes prescriptions for candlebark (Eucalyptusrubida) as it is not a primary food tree in the Recovery Plan for the Koala(2008).Key: PNF: Private Native Forestry; PVP: property vegetation plan; EPA: Environment Protection AuthorityProposed changes to the PNF Code of Practice 15

Code Clause Proposed change NotesBirdsThreatenedspecies –specificprescriptionsTable JInserts three new listed species:Flame robin (Petroica phoenicea), scarlet robin (Petriocaboodang) and hooded robin (Melanodryas cucullatacucullata)CMAs for application of prescription All except for WesternPrescription No forest operations are permitted within a 50-metre radius of all flame, scarlet and hooded robin nests.Inserts newlisted species:Merimbula star-hair (Astrotricha sp.Wallagaraugh)CMA Southern RiversCondition HPretty beard orchid (Calochiluspulchellus)CMA Southern RiversCondition BBlack gum (Eucalyptus aggregata)CMA Central West, Hawkesbury/Nepean,Lachlan, Murrumbidgee, Southern RiversCondition EDelicate pomaderris (Pomaderris delicata)CMA Hawkesbury–Nepean, Southern RiversCondition BThe proposed change includes appropriate prescriptions for the flamerobin (Petroica phoenicea) which was listed as vulnerable in 2010, thescarlet robin (Petroica boodang) which was listed as vulnerable in 2010,and the hooded robin (Melanodryas cucullata cucullata) which was listedas vulnerable in 2001under the Threatened Species Conservation Act2005.The proposed change includes appropriate prescriptions for theMerimbula star-hair (Astrotricha sp. Wallagaraugh) which was listed asendangered in 2007 under the Threatened Species Conservation Act2005.The proposed change includes appropriate prescriptions for the prettybeard orchid (Calochilus pulchellus) which was listed as endangered in2008 under the Threatened Species Conservation Act 2005.The proposed change includes appropriate prescriptions for black gum(Eucalyptus aggregata) which was listed as vulnerable in 2010 under theThreatened Species Conservation Act 2005.The proposed change includes appropriate prescriptions for delicatepomaderris (Pomaderris delicata) which was listed as endangered in2002 under the Threatened Species Conservation Act 2005.Key: PNF: Private Native Forestry; PVP: property vegetation plan; EPA: Environment Protection AuthorityProposed changes to the PNF Code of Practice 16

Code Clause Proposed change NotesSummer leek orchid (Prasophyllumcanaliculatum)CMA Southern RiversCondition BSlaty leek orchid (Prasophyllum fuscum)CMA Hawkesbury–Nepean, Hunter–CentralRivers, Sydney MetroCondition BPrasophyllum innubumCMA Murray, MurrumbidgeeCondition BBlue-tongued greenhood (Pterostylisoreophila)CMA Murray, Southern RiversCondition BPterostylis ventricosaCMA Southern RiversCondition BDwarf bush-pea (Pultenaea humilis)CMA Murray, MurrumbidgeeCondition EThe proposed change includes appropriate prescriptions for the summerleek orchid (Prasophyllum canaliculatum) which was listed as criticallyendangered in 2007 under the Threatened Species Conservation Act2005.The proposed change includes appropriate prescriptions for the slatyleek orchid (Prasophyllum fuscum R.Br. sens. str.) which was listed ascritically endangered in 2009 under the Threatened SpeciesConservation Act 2005.The proposed change includes appropriate prescriptions forPrasophyllum innubum which was listed as critically endangered in 2008under the Threatened Species Conservation Act 2005.The proposed change includes appropriate prescriptions for the Bluetonguedgreenhood (Pterostylis oreophila) which was listed as criticallyendangered in 2007 under the Threatened Species Conservation Act2005.The proposed change includes appropriate prescriptions for Pterostylisventricosa which was listed as critically endangered in 2011 under theThreatened Species Conservation Act 2005.The proposed change includes appropriate prescriptions for the dwarfbush-pea (Pultenaea humilis) which was listed as vulnerable in 2008under the Threatened Species Conservation Act 2005.Key: PNF: Private Native Forestry; PVP: property vegetation plan; EPA: Environment Protection AuthorityProposed changes to the PNF Code of Practice 17

Code Clause Proposed change NotesCypressMammalsSpecies removed from prescription:Large-footed myotis (Myotis adversus)The proposed change removed the large-footed myotis (Myotisadversus) from the Appendix.The large-footed myotis’s habitat is strictly bounded by proximity topermanent water. As such, the bat is considered to be sufficientlyprotected by the prescriptions already in place for protection of streamsunder section 4.4 of the Code.Mammals –Table H:Koala foodtreesInserts new listed species:Monkey gum (Eucalyptus cypellocarpa)The proposed change adds appropriate prescriptions for monkey gum(Eucalyptus cypellocarpa) which is a primary food tree in KoalaManagement Area 4: Northern Tablelands in the Recovery Plan for theKoala (2008).Species name corrected:The proposed change is administrative in nature.Western grey box (Eucalyptus macrocarpa) [E. macrocarpa]BirdsInserts new listed species:Swamp gum (Eucalyptus ovata)Inserts new listed species:Superb parrot (Polytelis swainsonii)CMAs for application of prescription Central West, Lachlan,Murray, Murrumbidgee, Namoi, WesternThe proposed change adds appropriate prescriptions for swamp gum(Eucalyptus ovata) which is a primary food tree in Koala ManagementArea 5: Central and Southern Tablelands in the Recovery Plan for theKoala (2008).The proposed change includes appropriate prescriptions for the superbparrot (Polytelis swainsonii) which was listed as vulnerable under theThreatened Species Conservation Act 2005.Prescription No forest operations are permitted within a 100-metre radius of all superb parrot known nest trees.Inserts three new listed species:Flame robin (Petroica phoenicea), scarlet robin (Petriocaboodang) and hooded robin (Melanodryas cucullatacucullata)CMAs for application of prescription All except for WesternThe proposed change includes appropriate prescriptions for the flamerobin (Petroica phoenicea) which was listed as vulnerable in 2010, thescarlet robin (Petroica boodang) which was listed as vulnerable in 2010,and the hooded robin (Melanodryas cucullata cucullata) which was listedas vulnerable in 2001under the Threatened Species Conservation Act2005.Prescription No forest operations are permitted within a50-metre radius of all flame, scarlet and hooded robin nests.Key: PNF: Private Native Forestry; PVP: property vegetation plan; EPA: Environment Protection AuthorityProposed changes to the PNF Code of Practice 18

Code Clause Proposed change NotesThreatenedflora –specificprescriptionsTable IInserts new listed species:Red goshawk (Erythrotriorchis radiatus)CMAs for application of prescription Namoi and NorthernRiversPrescription No harvesting within a 100-metre radius exclusionzone around all red goshawk nests.Updated to reflect new species name, updated condition:Bertya opponens [Bertya sp. Cobar-Coolabah]Condition Updated from A (50-metre exclusion zone around allindividuals) to B (20-metre exclusion zone around allindividuals).The proposed change includes appropriate prescriptions for the redgoshawk (Erythrotriorchis radiatus) which was listed as criticallyendangered in 2009 under the Threatened Species Conservation Act2005.The proposed change is administrative in nature.The proposed change is a more practical approach to facilitatecooperation with the Code, given the small size of the plant.Inserts newlisted species:Desert hopbush (Dodonaea stenozyga)CMA Lower Murray–DarlingCondition EBlack gum (Eucalyptus aggregata)CMA Central West, Hawkesbury/Nepean,Lachlan, Murrumbidgee, Southern RiversCondition EYellow gum (Eucalyptus leucoxylonsubsp. pruinosa)CMA Central West, Hawkesbury–Nepean,Lachlan, Murrumbidgee, Southern RiversCondition HThe proposed change includes appropriate prescriptions for deserthopbush (Dodonaea stenozyga) which was listed as criticallyendangered in 2009 under the Threatened Species Conservation Act2005.The proposed change includes appropriate prescriptions for black gum(Eucalyptus aggregata) which was listed as vulnerable in 2010 under theThreatened Species Conservation Act 2005.The proposed change includes appropriate prescriptions for yellow gum(Eucalyptus leucoxylon subsp. pruinosa) which was listed as vulnerablein 2007 under the Threatened Species Conservation Act 2005.Key: PNF: Private Native Forestry; PVP: property vegetation plan; EPA: Environment Protection AuthorityProposed changes to the PNF Code of Practice 19

Code Clause Proposed change NotesTylophora linearisCMA Border Rivers–Gwydir, Central West,NamoiThe proposed change includes appropriate prescriptions for Tylophoralinearis which was listed as vulnerable in 2008 under the ThreatenedSpecies Conservation Act 2005.Condition ERiver RedGumMammalsSpecies removed from prescription:Large-footed (Myotis adversus)The proposed change removes the large-footed myotis (Myotisadversus) from the Appendix.The large-footed myotis’s habitat is strictly bounded by proximity topermanent water. As such, the bat is considered to be sufficientlyprotected by the prescriptions already in place for protection of streamsunder section 4.4 of the Code.Mammals –Table E:Koala foodtreesBirdsSpecies name corrected:Western grey box (Eucalyptus macrocarpa) [E. macrocarpa]Inserts new listed species:Swamp gum (Eucalyptus ovata)Inserts new listed species:Superb parrot (Polytelis swainsonii)The proposed change is administrative in nature.The proposed change adds appropriate prescriptions for swamp gum(Eucalyptus ovata) which is a primary food tree in Koala ManagementArea 5: Central and Southern Tablelands in the Recovery Plan for theKoala 2008.The proposed change includes appropriate prescriptions for the superbparrot (Polytelis swainsonii) which was listed as vulnerable under theThreatened Species Conservation Act 2005.CMAs for application of prescription Central West, Lachlan,Murray, Murrumbidgee, Namoi, WesternPrescription No forest operations are permitted within a 100-metre radius of all superb parrot known nest trees.Key: PNF: Private Native Forestry; PVP: property vegetation plan; EPA: Environment Protection AuthorityProposed changes to the PNF Code of Practice 20

Code Clause Proposed change NotesThreatenedflora –specificprescriptionsTable FInserts three new listed species:Flame robin (Petroica phoenicea), scarlet robin (Petriocaboodang) and hooded robin (Melanodryas cucullatacucullata)CMAs for application of prescription All except for WesternPrescription No forest operations are permitted within a50-metre radius of all flame, scarlet and hooded robin nests.Inserts newlisted species:Small scurf-pea (Cullen parvum)CMA Murray, MurrumbidgeeCondition HAustral pillwort (Pilularia novaehollandiae)CMA Lachlan, Murray, MurrumbidgeeCondition HThe proposed change includes appropriate prescriptions for the flamerobin (Petroica phoenicea) which was listed as vulnerable in 2010, thescarlet robin (Petroica boodang) which was listed as vulnerable in 2010,and the hooded robin (Melanodryas cucullata cucullata) which was listedas vulnerable in 2001under the Threatened Species Conservation Act2005.The proposed change includes appropriate prescriptions for the Smallscurf-pea (Cullen parvum) which was listed as endangered under theThreatened Species Conservation Act 2005.The proposed change includes appropriate prescriptions for australpillwort (Pilularia novae-hollandiae) which was listed under theThreatened Species Conservation Act 2005.Key: PNF: Private Native Forestry; PVP: property vegetation plan; EPA: Environment Protection AuthorityProposed changes to the PNF Code of Practice 21

GLOSSARYAll Codes Appendix -GlossaryAll Codes Appendix -GlossaryDefinition of ‘accredited expert’ added:A person accredited by the Minister as an expert for thepurposes of this Code, the accreditation being on the basis ofcriteria approved by the Minister for the Environment and theMinister for Primary Industries.Definition for ‘Crown-timber lands’ added:As defined in the Forestry Act 1916.See Minor variation of Code above for further information.The proposed change is administrative in nature.NorthernSouthernCypressAppendix -GlossaryDefinition for ‘drainage line buffer zone’ added:Land within ten metres of the top edge of the bank of anyunmapped drainage line.See 4.4. (7) above for further information.All Codes Appendix -GlossaryAll Codes Appendix -GlossaryAll Codes Appendix -GlossaryAll Codes Appendix -GlossaryDefinition for EPA added:Environment Protection Authority in NSW. The EPA is anindependent statutory authority constituted under the Protectionof the Environment Administration Act 1991.The term ‘machinery exclusion zone’ has been removed.Land within 10 metres of the top edge of the bank of anyunmapped drainage line.Definition of ‘protected trees’ amended:Allocasuarina removed from protected treesDefinition of ‘recruitment tree’ amended:A large, vigorous tree capable of developing hollows to providehabitat for wildlife.The proposed change is administrative in nature.See 4.4. (7) above for further information.See Table D and 4.3(3)(b) above for further information.The proposed change removes the words ‘and which comes from thenext smaller cohort than habitat tree’ which is already described in4.2(6)(d).Key: PNF: Private Native Forestry; PVP: property vegetation plan; EPA: Environment Protection AuthorityProposed changes to the PNF Code of Practice 22

OTHER MISCELLANEOUS CHANGESUniformlythroughoutall CodesMultiplelocationsTerminology throughout has been changed from ‘log landings’ to‘log dumps’.The proposed change updates the Code to reflect the currentterminology.Uniformlythroughoutall CodesMultiplelocationsTerminology throughout has been changed from ‘the Departmentof Environment and Climate Change’ to ‘EPA’.The proposed change is administrative in nature.Uniformlythroughoutall CodesMultiplelocationsTerminology throughout has been changed from ‘the DirectorGeneral of DECC’ to ‘the Chief Environmental Regulator of theEPA’.The proposed change is administrative in nature.Uniformlythroughoutall CodesMultiplelocationsTerminology throughout has been changed from ‘net logging area’to ‘net harvesting area’.The proposed change clarifies that the area in question is the area ofharvesting only, and not of all forestry operations.Uniformlythroughoutall CodesMultiplelocationsTerminology throughout has been changed from ‘machineryexclusion zones’ to ‘drainage line buffer zones’.The proposed change updates the Code to reflect the currentterminology.Uniformlythroughoutall CodesMultiplelocationsTerminology throughout has been changed from ‘spoil and fill’ to‘fill’.The proposed change updates the Code to reflect the currentterminology.Uniformlythroughoutall CodesMultiplelocationsThe Minister’s title, the name of the regulating authority, andreferences to clauses in this Code have been updated throughoutThe proposed change is administrative in nature.Uniformlythroughoutall CodesMultiplelocationsTerminology throughout has been changed from ‘bat’ to ‘flyingfox’.The proposed change clarifies the animal in question.© State of NSW and Environment Protection AuthorityEPA 2012/0496Key: PNF: Private Native Forestry; PVP: property vegetation plan; EPA: Environment Protection AuthorityProposed changes to the PNF Code of Practice 23