A guide to planning Prepared by the Local Government approvals for forestry in Tasmania Forestry Consultative Committee
The Local Government Forestry Consultative Committee comprises: the Local Government Association of Tasmania, the Forest Practices Authority, the Department of Infrastructure, Energy and Resources, Forestry Tasmania, Private Forests Tasmania and the Forest Industries Association of Tasmania.
First printed on Tasmanian paper June 2006 See final page for edition details All photos by the Forest Practices Authority, unless otherwise stated. Compiled and revised by Chris Grove, Forest Practices Authority
Version 2.5, May 2017 Trim 2010/120938 CONTENTS
Regulation of forestry in Tasmania 1 Frequently asked questions 2 The planning approval process for forestry 7 Where forestry can take place 8 Private timber reserves 10 Legislation and policy governing forestry in Tasmania 12 How the forest practices system regulates forestry 14 How the local government planning system regulates forestry 19 How to find out if you need a forest practices plan 22 Regulations for treefern harvesting 26 How to find out what threatened species or threatened native vegetation communities you have on your land 28 What to do if you want to manage your land for conservation 31 Arranging a forest practices plan 33 Objections, appeals and complaints 35 Glossary and abbreviations 37 Further information 39 Contacts 40 A guide to planning approvals for forestry in Tasmania forestry in for A guide to planning approvals ii REGULATION OF FORESTRY IN TASMANIA
Forestry in Tasmania is regulated through two systems: at the state government level through the forest practices system and at the local government level through individual planning schemes.
The forest practices system provides the standards (the Forest Practices Code) which must be met to provide reasonable protection for the cultural and natural values of the forest. The system is administered by the Forest Practices Authority and applies state-wide to all land.
Forestry land use decisions are made at both the state and local government levels. At the state level, public land may be dedicated as state forest and private land may be gazetted as private timber reserves. The use of private land for forestry purposes is determined at the local government level through local government planning schemes. These schemes have been developed to reflect local conditions and so vary from council to council.
What are forest practices? The Local Government Forestry Consultative The Forest Practices Act 1985 stipulates that a forest Committee has produced this booklet to provide practices plan is required for the following forest factual information for planners, foresters, practices, including land clearing: landowners and interested members of the Regulation of forestry in Regulation of forestry Tasmania community. This booklet provides information • harvesting and regenerating native forest about the different and complementary roles • harvesting and/or establishing plantations the forest practices system and local government • clearing forests for other purposes planning schemes play in regulating forestry and • clearing and converting threatened native land clearing. It covers only the general principles vegetation communities of the local government planning system. Local • constructing roads and quarries for the councils can provide more detailed information above purposes about the specifics of their planning schemes. • harvesting tree ferns. In this booklet, forestry means forest practices. 1 FREQUENTLY ASKED QUESTIONS
What is forest? The forest practices system fosters a co-regulatory A forest is an area containing trees (Forest Practices approach based on self-management by forest owners Act 1985). and the forest industry – the owners and the industry are responsible for ensuring that their forest practices What are trees? comply with the code – and government regulation A tree is any living or dead woody plant and through the FPA. More information can be found on includes seedlings and regrowth. page 14.
What are forest practices? What is the Forest Practices Code? Forest practices include harvesting and (page 14) The code provides a set of legally enforceable regenerating native forest; harvesting and/or guidelines and standards to ensure reasonable establishing plantations; clearing forests for other protection of the natural and cultural values of the purposes; clearing and converting threatened forest during forest practices. The guidelines and native vegetation; constructing roads and quarries standards in the code cover accessing the forest for the above purposes; and harvesting treeferns (roads, bridges, quarries, etc.); harvesting timber; (Forest Practices Act 1985). conservation of natural and cultural values (soil How does the forest practices system and water, geomorphology, visual landscape, flora, regulate forestry? (page 14) fauna and cultural heritage); and establishing and The Forest Practices Authority (FPA) administers maintaining forests. The code can be downloaded the forest practices system, set up under the Forest from the FPA website: Practices Act 1985. Most forest practices require
What approval do I need to carry out forest How can I get my land declared a private practices on my land? (page 8 and 24) timber reserve? (page 11) If your land is a private timber reserve (PTR), you You apply to Private Forests Tasmania who will generally need a certified FPP. If your land process the application on behalf of the FPA. is not a PTR, you will generally need a certified The Board of the FPA approve or refuse the FPP and in addition you will need to contact your applications. council to see if you need to obtain a planning permit. Check the regulations on page 24 to see if How long will the declaration process take and what will it cost? (page 11) you need an FPP. The declaration process for PTRs can take Why do I need to get two approvals? Isn’t this between three and six months, depending upon just doubling up? (page 8) whether or not there are any objections to the The two approvals for forestry on private land application. An application fee is payable. Contact which is not a PTR are approving different things. Private Forests Tasmania for details. The local government approval is required to ensure that the forest practices you are proposing How can I find out if there is a private timber reserve registered on my land, my neighbour’s are in accordance with the local council’s planning land or land in my area? scheme. The certified FPP is required to ensure You can find out if land has a PTR on it from a that the forest practices you are proposing are title search and from maps via the LIST at in accordance with the standards set by the state
Do I need a forest practices plan to build a dam on my land? (page 22) Dam works authorised by a dam permit granted under the Water Management Act 1999 do not need an FPP. All commercial tree fern harvesting requires a Forest What if I just want to clear the forest on my Practices Plan. land and not carry out any further forestry? (page 24) maintain the same forest community into This is defined as a forest practice and you will the future. A certified FPP is required for any need to seek the same approvals as for any other harvesting of trees. forest practice. Check the regulations on page 24 Do I need a forest practices plan if I want to to see if the practice you propose is exempt from clear trees or threatened native vegetation requiring an FPP. The Permanent Native Forest communities for a subdivision? (page 23) Estate Policy limits clearing to 40 ha per property in Subdivsions are exempted from requiring a any 12 month consecutive period. forest practices plan, but only where they have What if I just want to clear trees for a new been authorised under a permit issued under the fence line or boundary line? (page 24) Land Use Planning and Approvals Act 1993. Check the This is defined as a forest practice and you will regulations details on page 24. need to seek the same approvals as for any other Do I need a forest practices plan if I want to forest practice. Check the regulations on page 24 harvest some treeferns? (page 26) to see if the practice you propose is exempt from An FPP is required for all commercial harvesting of requiring an FPP. Dicksonia antarctica. Salvage harvesting of Dicksonia is only permitted in areas scheduled for intensive Do I need a forest practices plan if I want logging operations (e.g. clearfall operations or to clear regrowth on previously cleared and similar, excluding any informal reserves) and there converted land? (page 24) is a certified FPP with a prescription forDicksonia Approval is not required to clear regrowth on harvesting. Tasmanian treefern tags must be previously cleared and converted land, which obtained from the FPA and attached to the trunk is defined as land that has not contained trees of all harvested ferns at the point of harvest. or threatened native vegetation for a period of at least 5 years since 1985 and where the An FPP is not required for harvesting Dicksonia if regrowth does not contain more than 20 the landowner has consented, no more than six eucalypts more than 2 metres in height within treeferns are harvested on each property during any 0.5 ha area. one calendar year, the land is not defined as vulnerable and the Dicksonia are not for commercial Am I permitted to carry out timber purposes. harvesting in threatened native vegetation communities? (page 24) How do I arrange a forest practices plan? A guide to planning approvals for forestry in Tasmania forestry in for A guide to planning approvals Timber harvesting can take place in (page 33) threatened native vegetation communities The FPA website has a list of consultant FPOs who 4 as long as the forest is regenerated to you can contract to prepare an FPP:
Private forest has an important role to play in reaching conservation goals, particularly the under-reserved oldgrowth forest communities. This oldgrowth Eucalyptus sieberi forest on granite is a priority for conservation on public and private land. (Photo by Forestry Tasmania) 5 undertake any forest practices unless an FPP is What if I want to carry out forest practices certified. on land that has a threatened species on it? What happens if I get a forest practices plan (page 29) approved, but the council does not approve You will need an FPP if you are planning forest my Development Application? (page 36) practices where threatened species or their You can appeal to the Resource Management and habitats are present. The specialists at the FPA Planning Appeals Tribunal against the refusal of a are consulted if there are threatened species to Development Application. However, you cannot consider in an FPP. The Threatened Species Protection proceed with any clearing or harvesting unless Act 1995 also obliges local councils to take into approval is given. account activities that may threaten listed species or critical habitat when considering a Development Can I object to a forest practices plan? (page 35) Application. If you have threatened species present There is no formal mechanism for objecting on your land, the forest practices you can carry out to an FPP if forest practices are carried out in may be restricted. accordance with a certified FPP. However, you What if I want to carry out forest practices should raise any concerns directly through the on land that has a threatened native applicant or forest company (see information about vegetation community on it? (page 29) the Good Neighbour Charter on page 13) and lodge Land which consists of or contains a threatened any complaints with the FPA. native vegetation community (TNVC) cannot generally be cleared and converted. Forest What if I want to object to a local practices which have an FPP and result in the government Development Application in my area? (page 36) natural regeneration of the TNVC are permitted. You can lodge an objection to a Development What if I want my land to be managed for Application if it is defined as a ‘discretionary’ conservation? (page 31) use in the planning scheme. There are no public If you are interested in taking further steps to opportunities to object to permitted uses. ensure the survival of the threatened species or threatened native vegetation communities on How do I report on an alleged breach of a forest practices plan? (page 36) your land, you could consider entering into a Notify the FPA, preferably in writing, giving details conservation covenant. See page 31 for more about the nature of the alleged breach and its information. location.
OBJECTIONS, APPEALS AND Can I object to a declaration of a COMPLAINTS private timber reserve? (page 35) You can object to the declaration of a PTR if you How long does it take to get a forest are a neighbour or one of the other prescribed practices plan or a Development Application people or institutions listed in the Forest Practices Act approved? 1985. This depends on the complexity of the planned forest practices but you should allow at least one to MORE INFORMATION two months. Councils must complete the process of determining a Development Application within 42 Whom can I contact if I have some more days, unless the ‘clock has been stopped’ because more questions? (page 40) information is required. Your local council should be your first port of call A guide to planning approvals for forestry in Tasmania forestry in for A guide to planning approvals on matters relating to planning schemes. Queries What if my forest practices plan is refused? on the forest practices system can be referred to What can I do? (page 36) 6 any FPO or the FPA. Contact addresses are at the You can appeal to the Forest Practices Tribunal against the refusal of an FPP. However, you cannot THE PLANNING APPROVAL PROCESS FOR FORESTRY
Flow chart 1 The planning approval process for forestry
Are forest practices to be carried out? These include: • harvesting and regenerating native forest • harvesting and establishing plantations • clearing forests for other purposes • clearing and converting threatened native vegetation • constructing roads and quarries for the above purposes • harvesting tree ferns. YES
Is an FPP required? (page 24) NO Check with council for any other restrictions, such as tree YES preservation or scenic/landscape provisions. (page 20) Anyone can prepare an FPP (usually done by FPO). Note:the council is usually consulted when preparing the FPP.
Notice of intent to undertake forest practices sent to local council and neighbours (page 33)
YES NO Opportunity to appeal decision Is a local government permit Has the permit been issued? to Resource Management and required? (page 19 ) Planning Tribunal (page 36)
NO YES
NO Opportunity to appeal Has FPP been certified by FPO? decision to Forest Practices Tribunal (page 36) YES The planning approval process for forestry
Commence forest practices under FPP and permit (if any). There may be a requirement under a permit to notify the council at various stages of the development.
certificate of compliance lodged with Forest Practices Authority by FPO at each stage of the FPP and on completion of the forest practices. There may be a requirement under a permit to notify the council when the FPP is complete. 7 WHERE FORESTRY CAN TAKE PLACE
back of this booklet. through the three year plan process (page 17) and under certain circumstances (page 33). All forest practices are regulated by the forest Other public land practices system under the Forest Practices Act 1985 which is administered by the Forest Practices Forest practices on public land other than state Authority (FPA). Most forest practices will need forest must comply with both the Forest Practices Act a forest practices plan (FPP). See page 24 for the 1985 and the Land Use Planning and Approvals Act few exceptions. An FPP stipulates in which areas 1993. forestry can take place, which areas are to be reserved and the manner in which forest practices PRIVATE LAND will be conducted. Forestry as a permitted land use is determined by STATE FOREST local planning schemes.
Private land is subject to the Land Use Planning and Forestry as a permitted land use is determined by Approvals Act 1993. Local government determines the parliament and government by declaration of where forestry can take place on private land, land as state forest. according to individual councils’ planning schemes. In some local government planning schemes, zones The Tasmanian Parliament decides which areas of are determined where forestry is an ‘as of right’ public land are to be available for forestry. Forestry permitted use and so no permit is necessary (page Tasmania (FT) is the Government Business Enterprise 19). If forestry is a permitted use, council will grant responsible for the management of state forest. FT, a permit and may apply conditions. If forestry is a with public input, prepares Forest Management Plans discretionary use in a zone, the application will be for approval by the Minister. These plans detail the management objectives and prescriptions, and the areas advertised and the council may or may not grant available for timber harvesting. FT decides which of the permit which may or may not have conditions the areas identified as available for logging in the Forest attached. Forestry will be prohibited in some zones Management Plan will be harvested in a given year and under planning schemes. Check with your council prepares an FPP for each area. to see whether forestry is a permitted use or not in the zone where you are proposing to carry out Local government planning schemes play no direct role forest practices. in defining where timber harvesting may occur in state forest as forest practices on state forest are excluded from In addition, private land is subject to the Forest the Land Use Planning and Approvals Act 1993. However, Practices Act 1985 and most forest practices A guide to planning approvals for forestry in Tasmania forestry in for A guide to planning approvals FT is required to consult with local governments and will require a certified FPP (see page 24 for other stakeholders about planned forest practices exemptions, such as subdivisions). The FPP can 8 set some conditions, such as certain areas of forest being reserved. an FPP. PRIVATE TIMBER RESERVES Table 1 FPP and council approval requirements to undertake forest practices for different tenures Forestry as a permitted land use is determined initially by local government through local FPP Council approval planning schemes. required * required
State forest Yes No The FPA assesses applications by landowners to have their land declared as a private timber reserve Public land other than state forest Yes Yes** (PTR) (page 11). PTRs are not declared if forestry Private land (not PTR) Yes Yes** is a prohibited use in the local planning scheme. Private timber reserve Yes No Forest practices within PTRs are subsequently exempt from the Land Use Planning and Approvals Act * unless exempt (see page 24) 1993 and do not require further approval from local government. Forest practices on PTRs are subject to the Forest Practices Act 1985 and so require
Managing forests to produce timber is a long-term business. Private Timber Reserves provide forest landowners with the certainty that they will be able to continue to manage their forests for timber production. can takeWhere forestry place
9 PRIVATE TIMBER RESERVES
** unless forestry is in an ‘as of right’ use zone A private timber reserve (PTR) is an area of private land that must be used primarily for establishing forests, or growing or harvesting timber in accordance with the Forest Practices Code. Other compatible activities may also be undertaken. PTRs can only be approved on land where forestry is a permitted or discretionary use under a local planning scheme.
Forest practices on a PTR must comply with the
A PTR is not a ‘licence to operate’ like a planning WHY HAVE PRIVATE TIMBER permit is for most activities. The actual ‘licence to RESERVES? operate’ is the FPP. All forms of development on the PTR other than forestry must have council Forestry is a long-term business and forest owners approval, if required by the planning scheme. need certainty so that they can manage and harvest their timber before they will invest in forestry. PTRs provide forest landowners with Although FPPs in PTRs do not require further the security that subsequent decisions by local approval by local government, consultation with government will not prevent the management and the council takes place when preparing an FPP. harvest of their forests in the future. PTRs are This particularly relates to the proposed transport subject to the forest practices system, which is a routes. single consistent state-wide system of planning and regulation. Local government planning schemes, More information can be found on Private which vary between councils, have a variety of Forests Tasmania’ website: approaches to forestry activities.
In 2006 there were 1,667 PTRs covering around A guide to planning approvals for forestry in Tasmania forestry in for A guide to planning approvals 10 419,100 hectares, or approximately 40 per cent of PTR would be directly and materially the total area of private forests in Tasmania. disadvantaged if the application were granted. HOW IS A PRIVATE TIMBER The application is advertised in the newspaper RESERVE DECLARED? and council is notified. There is then a period of at least 28 days in which ‘prescribed persons’ can Private Forests Tasmania undertakes the object to the application. A prescribed person preliminary administrative processing of PTR includes a local or state authority, neighbours applications on behalf of the Forest Practices within 100 metres of the proposed PTR or a Authority (FPA). The Board of Directors of the person who has a legal or equitable interest in the FPA decides whether to declare a PTR or refuse land to which the application relates. See page 35 the application. for more information on objecting to a PTR.
An application for a PTR will be granted unless Applicants and prescribed persons have the right there are grounds for refusal. An application for a to appeal if aggrieved by a decision of the FPA PTR will be refused on the grounds that: relating to the approval or refusal of a PTR. (a) the application has not been made in good faith Appeals are heard by the Forest Practices Tribunal. and honestly See page 35 for more information on appealing a (b) the land is not suitable for declaration as a PTR decision to approve or refuse a PTR. (c) a person who has a legal or equitable interest in the land, or in timber on the land, would be When a PTR is declared, the status of the land disadvantaged if the application were granted as a PTR is registered on the land title. The PTR (d) by virtue of the operation of any Act, the owner registration remains with the title, irrespective of of the land is prohibited from establishing subsequent land sales. The PTR may cover all or forests, or growing or harvesting timber, on the only a part of the title. The status of the land as a land PTR can be determined by a title search and maps (e) it would not be in the public interest to grant assessed via the LIST at
Private Timber Reserves provide long-term security to private landowners wishing to grow or harvest trees on their land. 11 LEGISLATION AND POLICY GOVERNING FORESTRY IN TASMANIA
a fee is payable. Contact Private Forests Tasmania nian law website
*applies to private land declared as a Conservation Area More information can be found on the Tasma- A guide to planning approvals for forestry in Tasmania forestry in for A guide to planning approvals 12 THE REGIONAL FOREST broad-scale clearing and conversion of native AGREEMENT forest on private land is to be phased out by 1 July 2016, pending a review of the policy during The Regional Forest Agreement (RFA) was signed 2016. Clearing and conversion of native forest by the Tasmanian and Australian governments on private land will not exceed 40 hectares per in 1997. The governments also agreed to a property per 12 consecutive month period. supplementary RFA in 2005 – the Tasmanian http://www.stategrowth.tas.gov.au/forestry/ Community Forest Agreement. Under these native-forest agreements around 45 per cent of the state’s forests are in conservation reserves and forests outside VOLUNTARY MECHANISMS reserves are managed under a sustainable forest management system. For more information go There are some important voluntary mechanisms to
The Permanent Native Forest Estate Policy limits the clearance and conversion of native forests to other land uses. 13 HOW THE FOREST PRACTICES SYSTEM REGULATES FORESTRY
THE FOREST PRACTICES SYSTEM THE FOREST PRACTICES CODE
The forest practices system is legislated through the The Forest Practices Code (the code) provides a set Forest Practices Act 1985 and is administered by the of guidelines and standards to ensure reasonable Forest Practices Authority (FPA), an independent protection of the natural and cultural values of the statutory body. The FPA is responsible for forest when forest practices are undertaken. The ensuring that reasonable protection for the natural guidelines and standards in the code cover: and cultural values of the forest is provided when • accessing the forest (roads, bridges, quarries forest practices are carried out. The forest practices etc.) system applies to all tenures in Tasmania. • harvesting timber • conservation of natural and cultural values The forest practices system is based on a co- (soil and water, geomorphology, visual regulatory approach, involving self-management landscape, flora, fauna and cultural heritage) by the forest industry, with training, accreditation, • establishing and maintaining forests. guidance, monitoring and enforcement by the FPA. It is designed to be complementary to and The FPA developed the code through extensive integrated with other land use and environmental consultation and public comment. The code is regulatory instruments in order to provide reviewed periodically, incorporating suggestions a consistent state-wide approach to forestry from scientists, government, the forestry industry regulation and a ‘one stop shop’ approach to and the public. As part of this process it has been approvals. refined and expanded twice, and is currently under review. The code is legally enforceable under the Forest Practices Act 1985 for both public and private forests.
Copies of the code can be purchased from some Service Tasmania outlets or downloaded from the FPA website:
Forest practices on all tenures require a certified FPP, apart from a few exemptions detailed on page 24.
Forest practices cannot start under an FPP until the FPP has been certified by an FPO. Neighbours and local government are notified before operations begin to provide an opportunity for consultation and discussion of any concerns.
During the preparation of each FPP, Forest Practices Officers are required to identify the significant natural or cultural values of the area, These plantations illustrate the protection given to drainage and must seek advice from a relevant specialist depressions under the Forest Practices Code which on protecting those values. This may result in stipulates the depressions should not be cultivated. restrictions, such as harvesting being modified or areas being reserved. FOREST PRACTICES OFFICERS Each FPP contains prescriptions and a map The day to day regulation of the forest practices detailing how the planned forest practices will be system is carried out by Forest Practices Officers conducted. These prescriptions include details on (FPOs), who are employed within the forest the location of roads, planned harvesting systems, industry or who work as private consultants. FPOs reforestation provisions, stocking standards, and are trained and accredited by the FPA. The FPA measures for the protection of natural and cultural monitors the planning and supervision of forest values. practices by FPOs to ensure that appropriate standards are maintained. Approval for the activity associated with the FPP is then sought from the local council as the statutory Forest practices plans (FPPs) are usually prepared planning authority (if required under the planning by FPOs. The FPA delegates authority to some scheme and if the land is not a PTR or state How the forest practices system regulates forestry trained FPOs to certify FPPs. forest). Local government may impose additional conditions on the proposed forest practices. FPOs supervise the implementation of FPPs and may deal with any operation not complying with Anyone operating under an FPP must comply with an FPP by issuing a warning or a formal notice to all the provisions of the FPP and the Forest Practices take corrective action. At the completion of each Code. stage of an FPP, an FPO must audit the forest practices for compliance with the plan and submit You can find out if there is an FPP near you on the a compliance report to the FPA. On completion webmap on the FPA web site: of all the forest practices in the FPP area, an FPO
A guide to planning approvals for forestry in Tasmania forestry in for A guide to planning approvals This Forest Practices Plan map illustrates areas within a coupe that can be harvested and others that must be protected. This state forest coupe has streamside reserves, a wedge-tailed eagle nest reserve, a wildlife habitat strip, some wildlife habitat 16 clumps, a landscape reserve and a reserve for threatened forest communities or species. THE FOREST PRACTICES The specialists play a key role in training and AUTHORITY providing advice to FPOs, which often requires liaison with other scientists. They have developed a variety of management tools to assist FPOs to The FPA has statutory responsibilities to monitor identify issues and to prescribe management for the operation of the Forest Practices Act 1985 and the natural and cultural values of forests when to report annually to state parliament on the preparing FPPs. operation of the forest practices system. It is also involved in the implementation of other forest- related legislation and policies. The FPA is headed by the Chief Forest Practices Officer and has staff with a range of expertise that enable it to fulfil its regulatory functions, including providing training and scientific advice and undertaking research, audits and investigations.
The FPA, created in July 2005, superseded the Forest Practices Board and incorporates significant changes and developments. The FPA has a board of directors with experience in different aspects of forest management and conservation, including local government. A Forest Practices Advisory Council advises the FPA and its Board on technical details and policy related to the FPA’s responsibilities. The Forest Practices Authority specialists carry out research The FPA administers two major programs: to fine-tune the Forest Practices Code and provide advice Independent Regulation, and Research and Advice. for Forest Practices Officers preparing forest practices plans.
Independent Regulation Program THE FOREST PRACTICES The staff of the Independent Regulation Program TRIBUNAL annually audit a random sample of forest practices under FPPs on private and public land. The The Forest Practices Tribunal is an independent audits assess the standard of the forest practices body composed of experts in forestry and and whether they comply with the code and other conservation and is chaired by a legal practitioner. prescriptions incorporated into the FPP. The The tribunal’s registry is independently managed performance of all sectors of the forest industry is by the Resource Management and Planning assessed and the results are published in the FPA’s Appeal Tribunal. The tribunal hears appeals How the forest practices system regulates forestry annual report. Staff in this program also investigate lodged in relation to decisions of the FPA. alleged breaches of the code and take appropriate enforcement action through the issue of notices to repair damage. The FPA can also impose fines THREE YEAR PLANS or take legal action to ensure compliance with the code. Companies harvesting more than 100,000 tonnes of wood each year must lodge with the FPA a Research and Advice Program three year plan detailing proposed forest practices. The FPA employs specialists in botany, zoology, Each year the companies and the FPA consult with soil and water, geoscience, cultural heritage and relevant councils about the information contained visual landscape. The specialists undertake research in the three year plans. These plans include a and monitoring in their subject areas – often in detailed map and information on: collaboration with scientists from other organisations. • location where harvesting is to occur Results are incorporated into the forest practices • approximate volumes of timber to be system through adaptive management. harvested • transport routes for the harvested timber 17 • proposed reforestation measures for the areas to Figure 2 The Forest Practices System
Co-regulation = industry self-management + government regulation
The Forest Practices The Forest Practices Code Forest Practices Plans Authority’s Research and • Outlines legally enforceable • Are mandatory for nearly all forest Advisory Program guidelines and standards for forest practices on both state and private • Employs specialists whose research practices land, including PTRs and monitoring underpins the Forest • Must be in accordance with the Practices Code and its review code • Trains FPOs and provides practical • Must be certified by an FPO advice • Monitors management of the natural and cultural values of forests
Legal and policy framework • Forest Practices Act 1985 • Forest Practices Code • FPPs • FPOs trained and authorised by FPA • Other legislation, codes and state policies
Planning Review and improvement • FPPs prepare dand FPOs certify • Research by FPA CO-REGULATION FPPs in accordance with the code • Review of the code • FPA provides specialist planning advice
Independent monitoring and Implementation enforcement • Supervise contractors and • Carried out by FPA others engaged in forestry operations
FPA Independent Regulation Program Forest industry self-management • Annually audits FPPs • The forest industry and landowners employ FPOs who • Monitors forest practices throughout the year prepare, certify and supervise the implementation of • Corrective action is directed and penalties are imposed FPPs. where non-compliances are detected. • FPOs order corrective action where necessary and issue a certificate of compliance on completion of each
A guide to planning approvals for forestry in Tasmania forestry in for A guide to planning approvals stage of the FPP and on completion of the operations. 18 HOW THE LOCAL GOVERNMENT PLANNING SYSTEM REGULATES FORESTRY
be harvested. • prohibited, where a permit is not granted. LOCAL GOVERNMENT LOCAL GOVERNMENT PLANNING SCHEMES APPROVAL FOR FOREST PRACTICES Local councils, as statutory planning authorities, Most forest practices require a forest practices control the use and development of land in their plan (FPP), certified through the forest practices area through a planning scheme. Planning schemes system. Exemptions are listed on page 24 and are legally binding regulatory instruments that set include subdivisions. Council approval may also out the requirements that apply to land use and be required, unless the land on which the practice development. They are prepared and administered by local councils. is to take place is state forest or a private timber reserve (PTR) or if forestry is an ‘as of right’ use. Planning schemes in Tasmania must be consistent However, all FPP applicants, including for state with the Resource Management and Planning forest and PTRs, must consult with the local System objectives, which are based upon concepts council in certain situations (see page 33 for details of sustainable development. Some councils are about when councils must be consulted about an currently drafting new planning schemes to FPP). PTRs cannot be established where forestry is comply with these objectives and with the planning directive on the format and structure of new planning schemes, which took effect in December 2003.
Planning schemes regulate the use and How the local government planning system regulates forestry development of land by using a zonal planning system. This system divides the local government area into zones where specified land uses may or may not be permitted. A written document, known as the Ordinance, describes the objectives for each zone and details the standards that any use or Development Application needs to meet in order a prohibited use in the planning scheme. to gain a planning permit. In addition to a forest practices plan, local government approval is needed for forest practices, such as the plantation All Development Applications will fall into the establishment shown here, unless the land is state forest, a categories of: private timber reserve or forestry is an ‘as of right use’ under • ‘as of right’ use, where no planning permit is the local government planning scheme. (Photo by Private required • permitted, where a permit will be granted Forests Tasmania) that may be subject to conditions • discretionary, where the application is Councils have their own planning schemes that publicly advertised and a planning permit cover the entire municipal area. The planning may or may not be granted requirements for forestry therefore vary from 19 council to council. In most planning schemes removed without a permit. currently in operation in Tasmania, forestry is a In addition, some planning schemes include zones permitted land use within rural or resource zones. where vegetation has a higher level of protection In some cases forestry is an ‘as of right’ use and so than in other areas. The vegetation may be does not need a permit. Permitted or ‘as of right’ significant due to one or more of the following uses are not subject to third party appeal rights. factors: Check with your local council to find out which • it is in a visually prominent location zone your land falls into and what category of • it is part of an threatened native vegetation forestry applies to that zone. community • it contains threatened plant and/or animal species Generally, when submitting an application for • it adjoins a town water supply intake. approval, the applicant supplies a draft FPP to the council for consideration. Applications to carry out ASSESSMENT OF DEVELOPMENT forest practices are assessed against the standards APPLICATIONS and criteria of the council’s planning scheme. Local government planning schemes generally If forestry is a discretionary activity, the council assess Development Applications in the following will advertise and assess the application and decide way. However, each council is different, so it is best whether or not to give approval for the application. to check with your local council to find out how its Objections from third parties may be lodged with planning scheme works. the council for discretionary applications. For both permitted and discretionary activities the council Exemptions may impose additional conditions to those in the If the application is exempt from planning FPP through the planning permit, especially in approval, a permit is not required and the activity relation to matters not covered by the FPP – for can take place. If the application is not exempt example, the use of council roads. then an application for a permit may be required.
Once local government approval has been given, Table of use a certified FPP must be in place before any forest The application is checked by council staff against practices can commence. Operations cannot start the table of use to match the defined activity if either local government approval or the FPP is against the respective zone. The table of use refused. contains lists of activities that are permitted or discretionary. All other activities are prohibited For information on planning permit application and so will not receive a permit and cannot take procedures and fees, contact your local council. place.
OTHER LOCAL GOVERNMENT Assessment RESTRICTIONS ON CLEARING Permitted and discretionary activities are assessed VEGETATION against the planning scheme standards. Those that meet all the criteria are permitted and are given a permit. Activities that must meet further standards, Some councils have additional restrictions, outside such as performance criteria, are discretionary and of the planning scheme, on clearing vegetation. may or may not be given a permit. Activities that
Local councils, primarily urban ones where forestry is generally not common, sometimes have a Significant Tree Register, a Tree Preservation Order or trees and gardens that are listed on the
A guide to planning approvals for forestry in Tasmania forestry in for A guide to planning approvals Tasmanian Heritage Register. These may apply to particular trees, or to all the trees in a certain 20 area or zone. These trees cannot be damaged or Figure 3 Determining the status of an application through the planning scheme template
The following flow chart is adapted from theTemplate Guide: A guide to drafting planning schemes using the Common Key Elements Template, March 2002. In future, planning schemes will conform to this model.
Match the Development Application against the respective zone
Is the proposed use ‘as of right’ in the zone? No permit required
Not exempt – application required
Table of use
Permitted Discretionary Prohibited
Planning scheme standards
Meets Relies on Meets Does not meet acceptable one or more acceptable one or more solutions performance solutions, performance criteria performance criteria criteria or a combination How the local government planning system regulates forestry
Permitted Discretionary Discretionary Prohibited Prohibited
Planning scheme standards For most planning schemes, each zone has standards which are performance requirements for use and development. Standards generally have specified objectives, performance criteria and acceptable solutions. • Objectives are the purpose or aim to be achieved by a standard. The objective can be met by complying with acceptable solutions or performance criteria. • Performance criteria are general statements describing how the objective can be met. This allows the standard to be met with flexibility, potentially in a range of different ways. Performance criteria can include quantifiable requirements. • Acceptable solutions are one way of meeting the performance criteria. Meeting the acceptable solution means the proposal is ‘deemed to comply’ with the objective. Acceptable solutions must be expressed in measurable terms (usually quantifiable) that can be used to assess compliance. 21 HOW TO FIND OUT IF YOU NEED A FOREST PRACTICES PLAN
cannot meet the standards are prohibited. DAMS REGULATION OF FOREST PRACTICES From 30th April 2007, dam works authorised by a dam permit granted under the Water Management State-wide controls on the clearing of trees and Act 1999 do not require an FPP. This includes any woody vegetation continue to evolve. In 2009, timber harvesting or clearing of native vegetation changes to the Forest Practices Regulations on the dam site. brought in exemptions to requiring a Forest Practices Plan (FPP) (see page 24). The Forest EASEMENTS Practices Authority is responsible for administering the legislation for both forest and threatened non- Easements for powerlines, gas pipelines and public forest vegetation communities, such as wetlands roads do not need an FPP for tree clearing or tim- and high altitude native grasslands. Landowners ber harvesting. and developers are strongly advised to seek professional advice from a Forest Practices Officer FOREST PRACTICES PLANS FOR (FPO) or the Forest Practices Authority (FPA) ROADS before undertaking any forest practices, including tree clearing. Unauthorised forest practices can An FPP is not required for harvesting or clearing result in substantial penalties. of trees for public roads. In the Forest Practices Regulations a public road is defined as a state Most forest practices require an FPP. This is so highway, subsidiary road or country road, as for all tenures – state forest and private forest, defined in theRoads and Jetties Act 1935 or a highway including private timber reserves (PTRs). The under the Local Government (Highways) Act 1982. exceptions are detailed on page 24. The Forest Practices Regulations can be found at
The following definitions explain the terms in Infrastructure the Forest Practices Regulations flow chart on Infrastructure includes but is not limited to the following page. The flow chart details the roads, fences, buildings and drainage channels. exemptions from requiring a forest practices plan. The terms are listed alphabetically. Native vegetation regrowth Native vegetation regrowth means native Clearance and conversion vegetation not containing, in any 0.5 hectare Clearance and conversion means the deliberate area, more than 20 eucalypt plants, of any removal of native vegetation, and its replacement species, more than 2 metres in height. with introduced vegetation or other material permanently or in the long term. There are no Previously cleared and converted land new restrictions on existing land management Previously cleared and converted land means practices such as harvesting, slashing, ploughing, land either whose owner can demonstrate a burning and grazing within threatened native history of agricultural or other non-forest land vegetation provided that the essential character of use over a consecutive period of at least 5 years, the vegetation is maintained and not converted to since 1985, during which the land did not other land uses such as crops or plantations. contain trees or threatened native vegetation communities; or that has been cleared and Clearing converted in the immediately preceding 5-year Clearing includes the removal or destruction (by period in accordance with a certified forest clearing, cutting, pushing down, burning or any practices plan. other means) of native trees and any seedlings, shrubs or woody plants that have the potential Reasonable buffer to grow to a height of five metres or more. A reasonable buffer, in relation to infrastructure, The controls apply to species planted for wood means either a buffer of land of such area as is production but do not apply to other introduced necessary to provide safe vehicular access to the species such as those planted for agricultural or infrastructure or a buffer of land of such width amenity purposes (e.g. willows). as is necessary to protect the infrastructure from Existing infrastructure being damaged by falling timber. Existing infrastructure means infrastructure Single property existing before 30th April 2007; or infrastructure th A single property is any land recorded as one built after 30 April 2007 in accordance with How to find out if you need a forest practices plan valuation on the valuation roll under section a certified FPP or for which no certified FPP is 23(1) of the Land Valuation Act 1971. required. Timber Fire management work Timber includes the trunk, branch and any Fire management work means burning off other part of a tree or fallen tree, whether or not vegetation and constructing firebreaks and access it is cut up, sawn, hewn, split or otherwise dealt tracks where the sole purpose of the work is to with. reduce fire hazards or control wildfires; and trees affected by the work are not harvested or cleared for any other purpose; and reasonable precautions are taken to avoid harming natural and cultural forest values, including forest cover and regeneration. 23 FOREST PRACTICES REGULATIONS
Figure 4 Do I need a forest practices plan?
Are you planning to conduct any forest practices? These include: • harvesting and regenerating native forest • harvesting and/or establishing plantations NO No FPP required • clearing forests for other purposes (limited to 40 ha per property per year under the Permanent Native Forest Estate Policy) • clearing and converting threatened native vegetation communities • constructing roads and quarries for the above purposes • harvesting tree ferns.
YES
Are the forest practices exempt? Exemptions: • the harvesting of timber or the clearing of trees with the consent of the owner of the land, if the land is not vulnerable land and (whichever is the lesser): (i) the volume of timber harvested or trees cleared is less than 100 tonnes for each area of applicable land for each year or (ii) the total area of land on which the harvesting or clearing occurs is less than one hectare for each area of applicable land for each year • the clearing of native vegetation to provide a reasonable buffer for existing infrastructure if the clearing is necessary to maintain the infrastructure or for public safety • the clearing of native vegetation regrowth from an area of previously cleared and converted land • the harvesting of timber or the clearing of trees on any land, or the clearance and conversion of a threatened native vegetation community on any land, for one or more of the following purposes: (i) dam works authorised by a dam permit granted under the Water Management Act 1999 (ii) easements for the construction and maintenance of electricity infrastructure and associated access tracks where the clearance and conversion is undertaken in accordance with an environmental management system endorsed by the Forest Practices Authority (iii) the construction and maintenance of gas pipelines (iv) the construction and maintenance of public roads • the establishment of trees on land that has not contained trees or a threatened native vegetation community in the immediately preceding 5-year period where: (i) establishing the trees does not involve the construction of a road or the operation of a quarry (ii) the relevant area of land is less than 10 hectares for each area of applicable land for each year • the harvesting of tree ferns: (i) with the consent of the owner of the applicable land (ii) if no more than 6 tree ferns are harvested on each area of applicable land during one year; • the clearance in accordance with vegetation management agreements, conservation covenants (page 31) or fire management programs recognised by the FPA. • clearing carried out for mining or mineral exploration activities that are authorised under a permit under the Land Use Planning and Approvals Act 1993 or a licence or lease under the Mineral Resources Development Act 1995. • clearing carried out for the purposes of constructing buildings or associated developments, but only where they have been authorised under a permit issued under the Land Use Planning and Approvals Act • clearing railways within the meaning of the Rail Infrastructure Act 2007 A guide to planning approvals for forestry in Tasmania forestry in for A guide to planning approvals 24 NO YES FPP required No FPP required DEFINITIONS OF TERMS Threatened native vegetation communities (continued) The table below provides the current list of Vulnerable land the threatened native vegetation communities Vulnerable land includes any land that: (TNVCs) which are included in the definition of • is within a streamside reserve or vulnerable land. (Refer to the Nature Conservation machinery exclusion zone as defined in the Act 2002 for an up to date list of TNVCs). Forest Forest Practices Code. The Code prescribes the practices in these communities may take place following minimum reserve widths: under a certified FPP, providing the essential Class 1 stream (major river or lake) – 40 character of the vegetation is maintained. metres either side of stream channel Clearance and conversion is not permitted Class 2 stream (catchment > 100 hectares) – in these forest communities unless special 30 metres either side of stream channel approval is given by the FPA for exceptional Class 3 stream (catchment 50–100 hectares) – circumstances. 20 metres either side of stream channel Table 4 Threatened native vegetation Class 4 stream (minor or intermittent stream) – communities 1. Alkaline pans 10 metres either side of stream channel 2. Allocasuarina littoralis forest • has steep slopes, in excess of the limits 3. Athrotaxis cupressoides/Nothofagus gunnii short rainforest prescribed in Table 7 (page 54) of the Code 4. Athrotaxis cupressoides open woodland 5. Athrotaxis cupressoides rainforest (this ranges from 11° to 19° depending on 6. Athrotaxis selaginoides/Nothofagus gunni short rainforest rock type) 7. Athrotaxis selaginoides rainforest • has high to very high soil erodibility (see 8. Athrotaxis selaginoides subalpine scrub 9. Banksia marginata wet scrub page 52 and Appendix 6 of the Code) 10. Banksia serrata woodland • consists of, or contains, a threatened native 11. Callitris rhomboidea forest 12. Coastal complex on King Island vegetation community (see Table 4) 13. Cushion moorland • is inhabited by a threatened species within the 14. Eucalyptus amygdalina forest and woodland on sandstone meaning of the Threatened Species Protection Act 15. Eucalyptus amygdalina inland forest and woodland on cainozoic deposits 1995 16. Eucalyptus brookeriana wet forest • contains vulnerable karst (limestone or 17. Eucalyptus globulus dry forest and woodland dolomite) soils (see page 101 of the Code) 18. Eucalyptus globulus King Island forest 19. Eucalyptus morrisbyi forest and woodland • contains areas of forest reserved from 20. Eucalyptus ovata forest and woodland harvesting under a current or expired FPP. 21. Eucalyptus risdonii forest and woodland 22. Eucalyptus tenuiramis forest and woodland on sediments 23. Eucalyptus viminalis – Eucalyptus globulus coastal forest and How to find out if you need a forest practices plan woodland 24. Eucalyptus viminalis Furneaux forest and woodland 25. Eucalyptus viminalis wet forest 26. Heathland on calcarenite 27. Heathland scrub complex at Wingaroo 28. Highland grassy sedgeland 29. Highland Poa grassland 30. Melaleuca ericifolia swamp forest 31. Melaleuca pustulata scrub 32. Notelaea – Pomaderris – Beyeria forest 33. Rainforest fernland 34. Riparian scrub 35. Seabird rookery complex 36. Sphagnum peatland 37. Subalpine Diplarrena latifolia rushland 38. Subalpine Leptospermum nitidum woodland 39. Wetlands Eucalyptus globulus (pictured left) is an important food source for the endangered swift parrot (Lathamus discolor). 25 The forest communities most commonly used for foraging are defined as vulnerable land. REGULATIONS FOR TREEFERN HARVESTING
Harvesting of treeferns is regulated through Tasmania’s forest practices system. A Treefern Management Plan was developed by the Tasmanian and Australian governments in 2002 and revised in 2007 to facilitate the legal and sustainable harvest and export of Dicksonia antarctica (manfern or soft treefern). The Treefern Management Plan for the Harvesting, Transporting or Trading of Dicksonia antarctica in Tasmania (2007) is enforced under provisions of the Forest Practices Act 1985.
Treeferns may be propagated from spores in Tasmanian nurseries and subsequently sold and DICKSONIA HARVESTING exported. The following notes do not apply to REGULATIONS artificially propagated treeferns, with the exception of exported material. • Commercial Dicksonia harvesting is only permitted from: TREEFERNS THAT CAN AND • native forest to be converted to another land CANNOT BE HARVESTED use • native forest to be intensively logged and • Under the terms of the Forest Practices Act 1985, regenerated the only trunked treefern that can be harvested • existing softwood and hardwood plantations or traded is Dicksonia antarctica. • treefern plantations or nursery sites. • Two of Tasmania’s treefern species (Cyathea • Dicksonia can only be commercially harvested cunninghamii and Cyathea marcescens) are protected from an area covered by a forest practices by the Tasmanian Threatened Species Protection Act plan (FPP). Plans must be certified by a Forest 1995. Practices Officer (FPO) and signed by the landowner. • Harvesting of Dicksonia is not permitted within streamside reserves, machinery exclusion zones, swamps, habitat clumps or other areas reserved from clearing. A guide to planning approvals for forestry in Tasmania forestry in for A guide to planning approvals 26 TASMANIAN TREEFERN TAGS An FPP is not required for the harvesting of Dicksonia if the owner of the ‘applicable land’ (see • All harvested Dicksonia must have a Tasmanian below for definition) has consented, and no more treefern tag attached securely at the point of than six treeferns are harvested on each property harvest, before being removed from the area during one calendar year. The Dicksonia must be covered under the FPP. The secure attachment for personal use only and must not be traded or of treefern tags to treeferns is the responsibility used for commercial purposes. of the treefern harvester. • Treefern tags are issued by the Forest Practices PENALTIES Authority (FPA). • Treefern tags must not be removed, swapped The FPA has considerable powers under the Forest or used more than once at any stage in the Practices Act 1985 to control Dicksonia harvesting to harvest, transport or trading process. ensure that such harvesting meets the objectives of the Tasmanian Treefern Management Plan. DISTRIBUTION AND SALE OF DICKSONIA Failure to comply with the Forest Practices Act 1985 and Forest Practices Regulations can result in • All wild harvested Dicksonia that are distributed substantial penalties. and traded must be tagged with treefern tags issued by the FPA. FURTHER INFORMATION • The overseas export of trunked and artificially For further information contact the FPA or propagated Dicksonia requires an export permit the Forest Industries Association of Tasmania. from the Australian Government Department of the Environment and Heritage (DEH). This department must be contacted for export permits and further information on exporting ‘applicable land’ means: Dicksonia:
Commercial harvest of Dicksonia antarctica can only 27 take place under a Forest Practices Plan. HOW TO FIND OUT WHAT THREATENED SPECIES OR NATIVE VEGETATION COMMUNITIES YOU HAVE ON YOUR LAND
If you are planning to carry out forest practices Employ a Forest Practices Officer to produce on your land, you will have to find out if any a forest practices plan threatened native vegetation communities (listed Forest Practices Officers (FPOs) identify the in Table 4 on page 25) or threatened species are vegetation communities in the process of preparing on your land. If any of these threatened species a forest practices plan (FPP). They will ensure that or threatened communities, which include both proposed forest practices comply with all legal forest and non-forest communities, are on your requirements, including the Forest Practices Code. land, you will be limited in what forest practices you can carry out. Substantial penalties apply for Contact your council unauthorised practices. Contact your council to see if they can provide you with information about the vegetation on your There are a few ways of obtaining information land. A number of councils have had vegetation about the vegetation on your land: surveys done and now have vegetation information on their computer systems, covering much of their Check the Forest Practices Authority website municipal area. The Forest Practices Authority (FPA) website has information on soils, threatened flora and fauna, Contact the Threatened Species Section threatened native vegetation communities, and a For further information on threatened species plant identification kit: and threatened native vegetation communities,
Use TASVEG TASVEG is an ongoing program to map the forest Brunonia australis is a blue-flowered plant which is and non-forest areas in Tasmania. Completed classified as vulnerable. In Tasmania it is found mainly maps in the series are available on the LIST A guide to planning approvals for forestry in Tasmania forestry in for A guide to planning approvals in dry forest in the northern midlands. Much of this forest website:
Have a specialist survey carried out An FPO will determine if threatened species or The vegetation information from either TASVEG TNVCs are potentially present. The specialists at or your local council is likely to be fairly general the FPA are consulted by the FPO preparing the in content. Detailed information regarding the FPP if there are threatened species or TNVCs to vegetation specific to your land can only be consider in the FPP. The specialists have developed obtained by carrying out a botanical survey of tools, such as the Threatened Fauna Manual and the property, which FPOs do in the process of the Threatened Fauna Adviser, to assist FPOs in preparing an FPP. The Department of Primary identifying and managing for threatened species. Industries, Parks, Water and Environment In April 2007, the FPA produced a series of (telephone (03) 6233 4501) and the FPA can information sheets designed to assist in identifying provide you with a list of qualified botanists. You How to find out what threatened species or vegetation communities you have on your land TNVCs. The specialists also provide advice may also need a zoological survey. on prescriptions to place in the plan to protect threatened species and TNVCs. If you have threatened species or TNVCs present on your land, you may be restricted in the forest practices you can carry out.
The Threatened Species Protection Act 1995 also obliges local councils to take into account activities that may threaten listed species or critical habitat when considering a Development Application. The FPP will in most situations satisfy this requirement, as section 51(3) of the Threatened Species Protection Act 1995 specifically recognises that further permits under the Act are not required if a certified FPP is in existence.
Forest Practices Authority specialists (left) advise Forest Practices Officers preparing Forest Practices Plans for areas 29 with threatened species. Government Minister for the Environment who AUSTRALIAN GOVERNMENT then decides whether the action is significant LEGISLATION enough to require assessment under the EPBC Act. The Minister also decides the level of The Environment Protection and Biodiversity Conservation environmental impact assessment required. Act 1999 (EPBC) lists nationally threatened species and ecological communities. These can differ to Penalties for breach of the EPBC Act are stringent some extent from the species listed under state and can be up to $550,000 for an individual and legislation. More information can be found on $5.5 million for a company. the Department of Environment and Heritage website: < http://www.environment.gov.au/ Most commercial forestry activities conducted about/index.html > under the Regional Forest Agreement do not have to go through further EPBC Act referral processes. An action that might impact on these species However, some land clearing or non-forestry or communities is referred to the Australian activities may require referral.
The giant freshwater crayfish(Astacopsis gouldi) (above) Wedge-tailed eagles (above) are very sensitive to disturbance is found in some streams and water bodies in northern when nesting. Measures to ensure their protection in Tasmania. It is vulnerable due to past fishing pressure production forests include retaining reserves around nests and and deterioration in water quality. It prefers cool, deepish restrictions on forest practices during the August to January pools with logs in undisturbed rivers or streams where the breeding season. streamside vegetation has been left intact. Controls applied to forest practices in catchments where A. gouldi occurs aim to ensure maintenance of water quality and other aspects of habitat quality such as shading, snags, food input and free movement of individuals up and downstream. The forty-spotted pardalote (left) is only found in Tasmania and lives only in dry grassy forest and woodland containing white gum (Eucalyptus viminalis). It is endangered due to its restricted distribution and small population resulting from habitat loss and fragmentation of colonies. Even minor disturbance such as selective logging can be detrimental to forty-spotted pardalotes. Principal management objectives are
A guide to planning approvals for forestry in Tasmania Tasmania forestry in for A guide to planning approvals to protect all areas of dry sclerophyll forest and woodland containing E. viminalis in and close to areas where colonies 30 are known to occur. WHAT TO DO IF YOU WANT TO MANAGE YOUR LAND FOR CONSERVATION
If you are interested in taking further steps to ensure the survival of the threatened species or threatened native vegetation communities (TNVCs) on your land, you could consider entering into a conservation covenant.
Conservation covenants The Nature Conservation Act 2002 allows the relevant Minister to enter into a conservation covenant with a landholder where the Minister considers it ‘necessary or desirable to do so for conservation purposes’ (section 34). A covenant is binding on existing and subsequent owners and travels with the title.
ASSISTANCE FOR CONSERVATION ACTIVITIES ON PRIVATE LAND
Enhanced conservation of forests on private land remains a priority for the Australian and What to do if you want to manage land for conservation Tasmanian governments. Conservation goals for forests cannot be met without the support of private landowners. Nearly 30 per cent of Tasmania’s forest is on private land, including many forest communities that are threatened as a result of their rarity or as a result of past land clearing.
The Department of Primary Industries, Parks, Water and Environment’s Private Land Conservation Program Forest Conservation Fund supports landowners who want to man- age their land for conservation. Under-reserved oldgrowth forest communities are a priority for the scheme. 31 The Department of Primary Industries, Parks, Tax exemptions Water and Environment’s (DPIPWE) Private If a landholder enters into a covenant under the Land Conservation Program (PLCP) aims to Nature Conservation Act 2002, they can be eligible for develop and encourage an integrated approach land tax exemptions. to private land management and planning that helps landowners fully benefit from the sustainable Rate rebates management of their properties’ natural diversity. Some councils offer rate rebates where a conser- The PLCP seeks to achieve high level recognition vation covenant is entered into. Check with your of the biodiversity values of natural systems and the local council to see if this is the case. need to appropriately protect them and to support individuals who voluntarily manage these systems for conservation outcomes.
The PLCP provides a coordinated and targeted approach to the establishment of voluntary conservation covenant with private landowners. To this end, the program works with partners including landowners to deliver a variety of initiatives and shorter-term incentive programs. Over the last 10 years, this has resulted in the creation of 635 private protected areas under conservation covenant, covering almost 80 000 hectares (as at May 2011).
Benefits of a conservation covenant include: • exemption from land tax (for the area under covenant) • rate rebates in some council areas • salinity and erosion protection by maintaining remnant native vegetation • support and management advice for landowners • a regular newsletter • supporting applications for funding for environmental works Most of the least well-reserved Tasmanian forest • a sense of well-being from knowing that communities are on private land, highlighting the continued you have protected your land for future importance of private reserve programs. A good example of generations and will be making an important this is Grassy Eucalyptus viminalis forest (pictured), of contribution to nature conservation in which 97 per cent is on private freehold land. In 2005, only Australia. 4.4 per cent was in CAR reserves (Sustainability Indicators for Tasmanian Forests 2001 – 2006) but by 2010 For more information on the PLCP and current this had increased to 13.2 percent (TASVEG Vegetation opportunities for voluntary conservation covenants Communities in Tasmania’s Reserve System 2010).
FoA guide to planning approvals for forestry in Tasmania forestry in for guide to planning approvals FoA log onto www.dpipwe.tas.gov.au/plcp. 32 ARRANGING A FOREST PRACTICES PLAN
Forest practices plans (FPPs) are detailed, complex WHOM TO CONSULT ABOUT documents and to prepare one requires a thorough APPROVED FOREST PRACTICES understanding of forest management. Anyone is PLANS entitled to prepare and submit an FPP for approval but the plan must be in accordance with the Forest Information Information to Nature of Practices Code (the code) and other legislation. It will from information Applicant • Landholders • Notification of only be certified if it is of the required standard. for FPP or within 100 m of intent at least It is advisable to arrange for a consultant Forest landowner (all boundary 30 days before tenures) • Local government operation Practices Officer (FPO) to prepare the plan. A intended to start list of FPOs is available on the Forest Practices • Interested parties • Information in that request FPP FPP should be Authority’s website:
FPP prepared. FPOs normally prepare the plan • FPOs can be contracted to prepare and and carry out the following steps. arrange the FPP for you. • FPPs are best prepared by an FPO. A list of consultant FPOs is available on the FPA website:
• If local government approval is not given, you Notification of intent at least 30 days before can modify the FPP or lodge an appeal (page forest practices intended to start (page 33) 36).
• The FPA has delegated authority to certify FPPs to selected FPOs. The list is on the FPA website. FPP submitted to authorised FPO for certification • An FPP may be rejected or amended if it is not meeting appropriate standards or requirements.
FPP certified if meeting all requirements of the Forest Practices Code • Most forest practices are overseen by FPOs. • All forest practices must be audited at various stages for compliance by an FPO. • Non-compliance is dealt with by warnings, Forest practices can take place under FPP making good and/or penalties. All forest practices are subject to a compliance check and report by an FPO. • Certificates of compliance detail any areas of
certificate of compliance lodged with FPA by FPO non-compliance with the FPP at the end of at completion of each stage of forest practices each stage of forest practices. • A random sample of FPPs are independently audited by the FPA annually. • Notices may be issued by FPOs to make good, or the FPA may impose fines or prosecute A guide to planning approvals for forestry in Tasmania forestry in for A guide to planning approvals certificate of compliance lodged with FPA at where serious breaches have occurred. 34 completion of forest practices OBJECTIONS, APPEALS AND COMPLAINTS
OBJECTIONS • the local council • a state authority Opportunities for public input and objections • a person who has a legal or equitable interest There are various mechanisms for the public in either the land, or the timber on the land, to have their say in both land use decisions and to which the application relates the technical standards set by the Forest Practices • a person who is the owner of land that Code. These are designed to give the public adjoins or is within 100 metres of the an opportunity to have some input during the boundary of the proposed PTR. planning stage. If you have objected to a PTR application or if you Land use decisions have had your application for a PTR refused, you • Dedication of state forest is a parliamentary can appeal the decision to the Forest Practices process. Forest Management Plans are Tribunal. Further information can be obtained prepared by Forestry Tasmania and approved from the Registrar of the Forest Practices by the Minister following consideration of Tribunal: telephone (03) 6233 6464. public input. • Private timber reserve (PTR) declarations. Objecting to a forest practices plan Prescribed persons may object to a PTR Most forest practices require a forest practices plan declaration – see below for details. (FPP). The few exceptions are detailed on page 24. • Planning Schemes follow a There is no formal mechanism for objecting to an participatory process of development. FPP if forest practices occur in accordance with a • Planning permits are advertised if forestry is a certified FPP on land that has been approved for discretionary activity. forestry use (i.e. state forest, PTRs, permitted and ‘as of right’ zones in local government planning Operational standards schemes). The Forest Practices Code was initially developed Objections, appeals and complaints after extensive consultation and public comment. Where forestry is a discretionary activity It is reviewed periodically, most recently in within the local government planning scheme, 2000, incorporating suggestions from scientists, the Development Application is advertised government, the forestry industry and the public. by the council. Any person may then make a representation. Appeals against a local council’s Objecting to a private timber reserve decisions are heard by the Resource Management Objections to land being declared a PTR can be and Planning Appeals Tribunal (RMPAT). made by the people or authorities as prescribed in the Forest Practices Act 1985. The following can object to a PTR: 35 Objecting to a local government COMPENSATION Development Application for forest practices The opportunity for lodging an objection to a local Landowners may be entitled to apply for government planning permit for forest practices compensation in certain circumstances if a PTR is is limited to where forestry is discretionary in the refused. local government planning scheme. Where forestry is a permitted use, council approval is also required Where an application for an FPP is refused by the but only the applicant can object to conditions FPA because of the presence of threatened native imposed within the planning permit. vegetation communities or threatened species, the affected landowner may be entitled to apply for The objection process follows these steps for compensation. The Nature Conservation Act 2002 sets situations where a Development Application is out the processes and criteria for compensation. discretionary: • When a Development Application is Further information can be obtained from the advertised you have 14 days to lodge an Forest Practices Authority (FPA): telephone (03) objection to the council. 6233 7966 or go to
APPEALS Complaints about road use Many councils recognise that there are safety and Private timber reserve or forest practices maintenance issues associated with the frequent plan refused use of rural roads by log trucks. However, councils If you are a landowner and have had an have limited powers to control traffic on public application for a PTR refused or if your FPP is roads. Use of public roads by log trucks or any refused by an FPO, you can appeal the decision other vehicles is also outside the purview of the through the Forest Practices Tribunal. Further Forest Practices Code. Log trucks are as legally information can be obtained from the Registrar of entitled as any other vehicle to use public roads. the Forest Practices Tribunal: Some councils use the three year plan process telephone (03) 6233 6464. of communication with the forestry industry to negotiate conditions on road usage and repair. Development Application for forest practices Councils may sometimes impose conditions on use refused or additional conditions imposed of council roads by log trucks — either through If you are a landowner and have had your the Development Application process or under the Development Application refused by your local provisions of the Local Government Highways Act 1982. council or you do not agree with the conditions imposed on a permit by the council, you can appeal through the RMPAT. The process follows the same
A guide to planning approvals for forestry in Tasmania forestry in for A guide to planning approvals procedure as that described for objections to local 36 government Development Applications. GLOSSARY AND ABBREVIATIONS
• Clearance and conversion: clearance • Existing infrastructure: existing and conversion means the deliberate removal infrastructure means infrastructure existing of native vegetation, and its replacement before 30th April 2007; or infrastructure built with introduced vegetation or other material after 30th April 2007 in accordance with a permanently or in the long term. certified FPP or for which no certified FPP is • Clearing of trees (under the Forest required. Practices Act 1985): the removal or • Fire management work : fire management destruction (by clearing, cutting, pushing down, work means burning off vegetation and burning or any other means) of native trees, constructing firebreaks and access tracks where and any seedlings, shrubs or woody plants that the sole purpose of the work is to reduce fire have the potential to grow to a height of five hazards or control wildfires; and trees affected metres or more. The controls apply to forest by the work are not harvested or cleared for species planted for wood production but do not any other purpose; and reasonable precautions apply to other introduced species such as those are taken to avoid harming natural and planted for agricultural or amenity purposes cultural forest values, including forest cover (e.g. willows). and regeneration. • Conservation covenant: a binding • Forest operations: planting trees, managing covenant on existing and subsequent owners trees before they are harvested, harvesting that travels with the title, where the Minister forest products and any related land clearing, considers it ‘necessary or desirable to do so for quarrying, land preparation, burning-off, conservation purposes’. access construction or transport operation. • Co-regulation in the forest practices • Forest Practices Authority (FPA): the system: combination of forest industry self- independent statutory body responsible for the management and government regulation. development and management of the forest • Department of Primary Industries, practices system. Parks, Water and Environment • Forest practices: harvesting and (DPIPWE): the Tasmanian Government regenerating native forest, harvesting and department charged with managing the state’s establishing plantations, clearing forests for natural resources. other purposes, constructing roads and quarries • Development Application (local for the above purposes, harvesting treeferns (Forest Practices Act 1985). government): application for a development • Forest Practices Code (the code): The and abbreviations Glossary to be considered for approval under the local Forest Practices Code provides a set of guidelines council planning scheme. and standards to ensure reasonable protection • Endangered: distribution has contracted to of the natural and cultural values of the forest less than 10 per cent of original range – or less during forest practices. than 10 per cent of original area remaining – • Forest Practices Officer (FPO): FPOs are or 90 per cent of area is in small patches and is employed either by forest owners or the forest subject to threatening processes. industry to prepare and supervise FPPs. They are trained, authorised, directed and monitored by the FPA. Selected FPOs are authorised to certify FPPs. A list of FPOs is on the FPA website. 37 GLOSSARY AND ABBREVIATIONS (continued)
• Forest practices plan (FPP): FPPs contain did not contain trees or threatened native prescriptions and a map detailing how the vegetation communities; or that has been planned forest practices will be conducted. cleared and converted in the immediately FPPs must be consistent with the Forest Practices preceding 5-year period in accordance with a Code and be certified by an FPO before work certified forest practices plan. starts. • Private forest: forest on land owned by a • Forest Practices Tribunal (FPT): an private landholder or company. independent body established under section • 34 of the Forest Practices Act 1985 that conducts Private Forests Tasmania (PFT): Private hearings and makes determinations with Forests Tasmania is a Tasmanian Government respect to appeals that are lodged by aggrieved authority established under the Private Forests Act parties. 1994 to promote the development of private • Forest roads: roads on state forest as defined forestry in Tasmania. in the Forestry Act 1920, and which therefore • Private timber reserve (PTR): an area of generally need an FPP for construction. private land that is dedicated to forestry. Forest • Forestry Tasmania (FT): the Government practices in PTRs do not require approval Business Enterprise charged with managing from the local council but do need a certified state forest. FPP. PTRs give landowners long-term security • Infrastructure: infrastructure includes but that they will be able to harvest their timber in is not limited to roads, fences, buildings and the future. drainage channels. • Property (in the forest practices • Native forest: any naturally occurring forest system): a single property is any land community containing the full complement of recorded as one valuation on the valuation roll native species and habitats normally associated under section 23(1) of the Land Valuation Act with that community, or having the potential 1971. to develop these characteristics. • Public road: in the Forest Practices • Native vegetation regrowth : native Regulations a public road is defined as a state vegetation regrowth means native vegetation highway, subsidiary road or country road, as not containing, in any 0.5 hectare area, more defined in theRoads and Jetties Act 1935, or as a than 20 eucalypt plants, of any species, more highway under the Local Government (Highways) than 2 metres in height. Act 1982. An FPP is not required for harvesting • Natural Resource Management or clearing trees for public roads. (NRM): the framework set up to provide a • Rare: total range generally less than 10,000 systematic way of integrating natural resource hectares, or total area generally less than 1,000 management in Tasmania through three hectares, or patch size generally less than 100 management regions. hectares. • Permanent Native Forest Estate Policy • Reasonable buffer: a reasonable buffer, in (PNFEP): a state government policy that aims relation to infrastructure, means either a buffer to maintain an extensive and permanent native of land of such area as is necessary to provide forest estate on both private and public land in safe vehicular access to the infrastructure or a Tasmania. buffer of land of such width as is necessary to • Planning scheme (local government ): a protect the infrastructure from being damaged set of maps covering the planning scheme area by falling timber. that show the zoning of land and an Ordinance • Regional Forest Agreement (RFA): the that defines the criteria by which Development 1997 agreement between the Tasmanian and Applications will be assessed. Australian governments which established a • : trees established by planting in Plantation comprehensive, adequate and representative the process of afforestation or reforestation. forest reserve system. • Previously cleared and converted land: • Resource Management and Planning previously cleared and converted land means Appeals Tribunal (RMPAT): an
A guide to planning approvals for forestry in Tasmania forestry in for A guide to planning approvals land either whose owner can demonstrate independent statutory body set up under the a history of agricultural or other non-forest Resource Management and Planning Appeals Tribunal land use over a consecutive period of at least Act 1993. 38 5 years, since 1985, during which the land GLOSSARY AND ABBREVIATIONS (continued)
• Resource Planning and Development • Threatned native vegetation community Commission (RPDC): oversees the state’s (TNVC): listed on page 24 planning system, and state of the environment • Three year plan (in the forest practices reporting, assesses public land use issues and system): companies harvesting more than projects of state significance, and reviews water 100,000 tonnes of timber each year must lodge management plans. a three year plan detailing proposed forest • Self-management (in the forest practices with the FPA and consult with local practices system): the forest industry’s self- government. management is delivered by the FPOs who are • Vulnerable: approaching greater than 70 employed within the industry to plan, supervise per cent loss (depletion), or forest communities and monitor forest practices. where threatening processes have caused loss • State forest: forest on state land which has or significant decline in species that play a been designated forest by parliament to be major role within the ecosystem or significant managed by Forestry Tasmania for multiple alteration to ecosystem processes. use, including wood production. • Vulnerable land (in the forest practices • Table of use (local government): a system): land which is within a streamside provision found under each zone that sets out reserve, is steep, is very erodible, consists of the policy for permitted and discretionary use or contains a threatened native vegetation in that zone. community or is inhabited by a threatened • Tasmanian Community Forest species, contains karst (limestone or dolomite) Agreement: an agreement between the soils, contains areas of reserved forest or Tasmanian and Australian governments in contains rare, vulnerable or endangered forest 2005 which reserved further forests on top of communities. the RFA reservations. • Zone (local government): an area or • Timber: timber includes the trunk, branch district shown on local government planning and any other part of a tree or fallen tree, schemes where particular land use policies and whether or not it is cut up, sawn, hewn, split or standards apply. otherwise dealt with. Glossary and abbreviations Glossary
Roads constructed under a forest practices plan must be in accordance with the Forest Practices Code. This example shows the minimum essential roadside clearance to provide a stable batter and good sightlines. Drainage has been diverted into the vegetation before it reaches the stream. The road metal has been well consolidated before use, giving a hard surface even in wet weather. 39 FURTHER INFORMATION ONLINE
For more information on the forest For more information on threatened practices system: species and vegetation: • The Forest Practices Authority: • Threatened Fauna Manual and information on
For more information on the local government planning system: • Online access to all Tasmanian councils:
A guide to planning approvals for forestry in Tasmania forestry in for A guide to planning approvals • Local government planning schemes:
Forest Practices Authority The Department of Primary Industries, 30 Patrick Street Parks, Water and Environment Hobart 7000 GPO Box 44 Tasmania Hobart 7001 Tel: (03) 6165 4090 Tasmania Fax: (03) 6233 7954 Tel: 1300 368 550 (local call cost) Email: [email protected] Email: [email protected]. Website:
Resource Management and Planning Appeals Tribunal Your local council Level 1, 144–148 Macquarie St Hobart 7000 Tasmania GPO Box 2036 Hobart 7001 Tasmania Tel: (03) 6233 6464 Fax: (03) 6224 0825 Email: [email protected] Website:
Document summary information Document name A guide to planning approvals for forestry in Tasmania Version 2.0
Trim record 2010/120938
Owner Chris Grove
Author(s) Chris Grove and LGAT committee
Release date June 2006
Release status public document
Version control Version Date Author(s) Summary of changes 1.0 June 2006 Chris Grove Document creation
2.0 December Daniel Livingston Updated in line with revised Forest Practices Regulations 2009 2.1 April 2011 Chris Grove Changed formatting and added document control log table. Edit to FPA’s style manual, update of private land conservation fund- ing and treefern information. 2.2 Nov 2011 Chris Grove Changed information under compensation
2.3 Jan 2015 Chris Grove Inserted information on clearance restrictions under the PNFE
2.4 Feb 2016 Chris Grove Updated PNFE info
2.5 May 2017 Chris Grove Removed date from Forest Practices Regulations
Stages required for release outside FPA Category of advice – C Stages Required/not Completed required (date) Specialist Required June 2006 Line Manager Required June 2006 Peer/FPO/stakeholder review (LGFCC Committee) Required June 2006 A guide to planning approvals for forestry in Tasmania forestry in for A guide to planning approvals CFPO Required June 2006 FPAC Not required 42 Board Not required