Albanese government plotted to maintain native forest logging in NSW if court battle was lost, documents show – The Guardian

 

Report on Australian Government Contingency Planning for Native Forest Logging and its Relation to Sustainable Development Goals

Executive Summary

A report based on documents released under Freedom of Information laws reveals that the Australian federal government, in collaboration with the New South Wales (NSW) state government, developed contingency plans to ensure the continuation of native forest logging in the event of an adverse court ruling. The legal challenge, brought by the North East Forest Alliance, questioned the validity of the North-East Regional Forest Agreement (RFA), which exempts logging from federal environmental oversight. This situation highlights a significant conflict between economic objectives and the nation’s commitment to the Sustainable Development Goals (SDGs), particularly SDG 15 (Life on Land), SDG 12 (Responsible Consumption and Production), and SDG 16 (Peace, Justice and Strong Institutions).

Background of the Legal Challenge

The North-East Regional Forest Agreement (RFA)

The legal conflict centered on the North-East RFA, an agreement between the Commonwealth and NSW governments. Key details include:

• The RFA framework exempts regional forestry operations from the assessment and approval processes required under the federal Environment Protection and Biodiversity Conservation (EPBC) Act.
• The original 20-year agreement, which commenced in 2000, was extended in 2018 for a further 20 years.
• The 2018 extension was executed without new scientific studies to assess the impact on environmental values, including threatened species and old-growth forests.

Grounds for the Challenge

The North East Forest Alliance conservation group challenged the 2018 RFA extension, arguing that it failed to meet the criteria for a legitimate RFA. The core of their argument was the failure to properly assess environmental values and adhere to principles of ecologically sustainable management, which directly impacts the achievement of SDG 15 (Life on Land).

Government Response and Contingency Planning

Perceived Risks of an Adverse Ruling

The Albanese government was concerned that a court ruling against the RFA would lead to significant disruptions, including:

1. An immediate halt to logging in northern NSW, impacting timber supply chains and potentially creating a shortage of high-grade sawlogs.
2. An administrative burden of approximately 1,700 individual environmental applications under the EPBC Act, a process estimated to take months.
3. Economic fallout, with pressure for industry support packages, citing the $875 million paid by the Victorian government to transition out of native logging. This concern touches upon SDG 8 (Decent Work and Economic Growth).

Proposed Measures to Bypass Environmental Law

In anticipation of a loss, government departments explored several options to maintain logging operations, effectively sidestepping federal environmental law. These included:

• A special bilateral agreement to delegate approval authority to the NSW state government.
• The use of a “national interest exemption” under the EPBC Act.
• Fast-track assessment processes for Forestry Corp of NSW.
• A proposal for Forestry Corp to “self-assess” the environmental impacts of its operations.

Ultimately, these plans were not required, as the Federal Court ruled in January 2024 that the RFA was legitimate.

Implications for Sustainable Development Goals (SDGs)

SDG 15: Life on Land

The case highlights a critical tension with SDG 15, which aims to protect, restore, and promote the sustainable use of terrestrial ecosystems and halt biodiversity loss. The north-east NSW region is a biodiversity hotspot, home to approximately 300 threatened species, including the Koala, Greater Glider, and Swift Parrot. The RFA’s exemption from the EPBC Act is seen by conservation groups as a loophole that undermines the protection of these species and directly contravenes the objectives of SDG 15.

SDG 12: Responsible Consumption and Production

The debate over the RFA questions the sustainability of timber production in Australia. SDG 12 calls for ensuring sustainable consumption and production patterns. By exempting a major resource extraction industry from national environmental assessment, the RFA framework raises concerns about whether the timber produced can be considered part of a sustainable and responsible supply chain.

SDG 16: Peace, Justice and Strong Institutions

The government’s willingness to consider measures to circumvent its primary national environmental law challenges the principles of SDG 16. This goal emphasizes the need for effective, accountable, and transparent institutions. The development of contingency plans to bypass the EPBC Act suggests a prioritization of industry continuity over established legal and institutional frameworks for environmental protection.

Conclusion and Stakeholder Recommendations

While the government’s contingency plans were not enacted, their existence reveals a fundamental policy conflict. The Australian Conservation Foundation and other environmental stakeholders argue that this case demonstrates the urgent need to close the RFA loophole. They recommend that all native forest logging be brought under the full regulatory power of the national EPBC Act. Aligning national policy with environmental law is presented as a necessary step to ensure Australia meets its commitments to the Sustainable Development Goals, particularly the protection of biodiversity under SDG 15, and to maintain the integrity of its environmental governance institutions as per SDG 16.

SDGs Addressed in the Article

SDG 15: Life on Land

This goal is central to the article, which focuses on the conflict between native forest logging and the protection of terrestrial ecosystems and biodiversity in New South Wales.

• The article discusses the impact of logging on “highly biologically diverse” forests, which are home to “approximately 300 threatened species.”
• It explicitly mentions the threat to species like the Greater Glider, Swift Parrot, and Koala.
• The core of the legal challenge was that the regional forest agreement (RFA) failed to properly assess “environmental values” including old growth, wilderness, and endangered species, and did not adhere to “principles of ecologically sustainable management.”

SDG 16: Peace, Justice and Strong Institutions

The article highlights issues of governance, law, and institutional accountability.

• It revolves around a federal court case where a conservation group challenged a government agreement, demonstrating the use of legal systems to ensure environmental protection.
• It reveals government plans to “essentially sidestep federal environment laws” through mechanisms like a “national interest exemption” or a “special bilateral agreement,” questioning the transparency and accountability of government institutions.
• The use of Freedom of Information (FoI) laws to uncover these plans is a key element of institutional oversight and public accountability.

SDG 12: Responsible Consumption and Production

This goal is relevant through the discussion of the timber industry and its reliance on natural resources.

• The article notes that “60% of NSW’s high-grade sawlogs were coming from north-east forests,” highlighting a major production pattern based on native forests.
• The debate over the sustainability of logging practices is directly related to achieving sustainable management and use of natural resources.
• The potential for a “timber shortage” points to the consequences of unsustainable production patterns.

SDG 8: Decent Work and Economic Growth

The economic implications of halting or continuing logging are a significant concern in the article.

• The government was concerned about “political and economic fallout” and the potential need for an “industry transition package,” referencing the $875m paid out in Victoria to close its native timber industry.
• The article discusses the impact on “larger public and smaller private operators” in the forestry sector, linking environmental decisions to economic activities and livelihoods.

Specific Targets Identified

Targets under SDG 15 (Life on Land)

1. Target 15.2: Promote the implementation of sustainable management of all types of forests, halt deforestation, and restore degraded forests.
   • The entire article is a case study on this target. The legal challenge questioned whether the North-East RFA represented “ecologically sustainable management.” The potential halt to logging was a direct action to prevent further forest degradation.
2. Target 15.5: Take urgent action to reduce the degradation of natural habitats, halt the loss of biodiversity, and protect and prevent the extinction of threatened species.
   • The article’s focus on the “300 threatened species” and “endangered or critically endangered ecological communities” directly aligns with this target. The conservation group’s lawsuit was an attempt to force action to protect these species from the impacts of logging.
3. Target 15.9: Integrate ecosystem and biodiversity values into national and local planning and development processes.
   • The core argument of the North East Forest Alliance was that the 2018 RFA extension failed to do this, as it was renewed “without fresh scientific studies regarding the impact on threatened species.” This points to a failure to integrate biodiversity values into national-state agreements.

Targets under SDG 16 (Peace, Justice and Strong Institutions)

1. Target 16.3: Promote the rule of law and ensure equal access to justice.
   • The court case initiated by the “North East Forest Alliance conservation group” is a direct example of civil society using the legal system to hold governments accountable and ensure that laws like the Environment Protection and Biodiversity Conservation Act are applied.
2. Target 16.6: Develop effective, accountable and transparent institutions.
   • The documents released under FoI laws revealed government plans to “sidestep federal environment laws,” which challenges the accountability and transparency of the executive branch. The article questions the effectiveness of institutions meant to protect the environment.

Targets under SDG 12 (Responsible Consumption and Production)

1. Target 12.2: Achieve the sustainable management and efficient use of natural resources.
   • The article discusses the extraction of “high-grade sawlogs” from a “highly biologically diverse” area. The central conflict is whether this use of a natural resource (native forests) is sustainable, making this target highly relevant.

Indicators for Measuring Progress

Implied Indicators in the Article

• Number of threatened species in the region: The article explicitly states there are “approximately 300 threatened species” and “22 endangered or critically endangered ecological communities” in the logging area. The population trends of the mentioned Koala, Greater Glider, and Swift Parrot serve as specific, tangible indicators of biodiversity loss or protection.
• Area of forest under specific legal agreements (RFAs): The article is centered on the “north-east regional forest agreement.” The status and conditions of this agreement are an indicator of how forest management is being implemented. The challenge to the RFA’s legitimacy implies this is a key metric for assessing sustainable management.
• Volume of timber sourced from native forests: The figure that “60% of NSW’s high-grade sawlogs” come from these forests is a direct quantitative indicator of the region’s production and reliance on this natural resource.
• Number of legal challenges to environmental exemptions: The court case itself is an indicator. The fact that the “North East Forest Alliance” brought the challenge indicates that civil society is monitoring and acting on institutional decisions. The potential for “1,700 applications” under federal law also serves as a quantitative measure of regulatory burden and oversight.
• Cost of industry transition support: The mention of the “$875m in industry support” paid by the Victorian government is a financial indicator related to the economic consequences of shifting away from environmentally degrading industries.

Summary of Findings

SDGs	Targets	Indicators
SDG 15: Life on Land	15.2: Promote sustainable management of all types of forests. 15.5: Halt biodiversity loss and protect threatened species. 15.9: Integrate biodiversity values into national planning.	– Area of forest covered by Regional Forest Agreements (RFAs). – Number of threatened species in the region (approx. 300 mentioned). – Conservation status of specific species (Koala, Greater Glider, Swift Parrot). – Lack of “fresh scientific studies” in planning documents.
SDG 16: Peace, Justice and Strong Institutions	16.3: Promote the rule of law and ensure access to justice. 16.6: Develop effective, accountable, and transparent institutions.	– Number of legal challenges filed by conservation groups against government agreements. – Use of Freedom of Information (FoI) laws to expose government plans. – Consideration of “national interest exemptions” to bypass standard laws.
SDG 12: Responsible Consumption and Production	12.2: Achieve sustainable management and efficient use of natural resources.	– Percentage of state timber supply from native forests (60% of NSW’s high-grade sawlogs). – Potential for a “timber shortage” due to logging halt.
SDG 8: Decent Work and Economic Growth	8.4: Endeavour to decouple economic growth from environmental degradation.	– Financial cost of industry transition packages ($875m in Victoria). – Number of public and private logging operators affected by environmental regulations.

Source: theguardian.com