51As required by the Forestry and National Park Estate Act 1998 (NSW), New South Wales will report annually to Parliament on compliance with any Integrated Forestry Operations Approval for the Upper North East and Lower North East regions and the New South Wales Upper North East Region Forest Agreement and Lower North EastRegion Forest Agreement. New South Wales will also furnish a copy of the reports to the Commonwealth within fourteen days of their tabling.
52The Commonwealth accredits as providing for continuing improvement in ESFM New South Wales’ Forest Management System (including its legislation, policies, Codes for the Upper North East and Lower North East regions, plans and management practices applying to both Public and Private land), as agreed to be amended in this Agreement, particularly those undertakings in clauses 48(a), (b), (d), (e), (g), (h) and 57. The System includes:
The New South Wales Upper North East Region Forest Agreement and the Lower North EastRegion Forest Agreement;
Integrated Forestry Operations Approvals for the Upper North East and Lower North East regions;
Regional ESFM Plans for the Upper North East and Lower North East regions;
Codes of Practice and Eco-Field Guide for Public Lands;
Codes of Practice for Private Lands;
The Native Vegetation Conservation Act 1997 (NSW);
The SFNSW Native Forest Management System; and
The NPWS Environmental Management System.
53Parties agree that the current Forest Management System will be enhanced by implementing mechanisms to monitor and review the sustainability of forest management practices. To ensure this occurs, Parties agree that:
The Sustainability Indicators referred to in clause 49 are consistent with the Montreal Process Criteria in Attachment 9, and take into account the Framework of Regional (Sub-National) Level Criteria and Indicators of Sustainable Forest Management in Australia developed by the MIG;
Both Parties agree that the indicators referred to in clause 49 are to be trialed and assessed during the first five year period to ensure they are practical, measurable, cost-effective and capable of being implemented at the regional level;
Reporting on the indicators referred to in clause 49 will be under the headings of the Montreal Process Criteria as in Attachment 9; and
Both Parties agree to further develop, review, and if necessary revise Sustainability Indicators in time for the first five-yearly review.
54The Parties reaffirm their commitments made in the National Forest Policy Statement (1992) to the conservation and management of the private forest estate. The Parties note that New South Wales has provisions under the Native Vegetation Conservation Act 1997 (NSW) fornative vegetation retention controls to regulate the clearance of native forest on Private Land.
55The Parties agree to encourage private forest owners to ensure that their management operations are consistent with ESFM practices.
56CAR Values which are priorities for the CAR Reserve System and which occur on Private Land will be dealt with by the principles and mechanisms outlined in Attachments 1(A), 1(B) and 2. Parties agree the values listed at Attachment 2 can be managed consistently with the JANIS Reserve Criteria through a range of mechanisms, with the consent of the land owner, as specified in Attachment 2. Priorities for protection of Forest Ecosystems are given in Tables 1 and 2 of Attachment 2. All conservation mechanisms for the establishment of the Private Land component of the CAR Reserve System will be voluntary.
57New South Wales agrees to produce a Code of Practice for timber harvesting of native forest on Private Lands by the first five-yearly review.
58Parties recognise that a Code of Practice for Plantations on Private Land is to be completed by 31 December 2000.
59New South Wales confirms that the CAR Reserve System has been established through this Agreement, including Attachment 2, and that conservation levels achieved in that reserve system will not subsequently be used as a basis for preventing timber harvesting being carried out on Private Lands. Consistent with clause 18 this is not to be interpreted as preventing voluntary conservation measures to protect CAR Values on Private Land.
Threatened Flora and Fauna
60The Parties agree that the CAR Reserve System, actions under the New South Wales Biodiversity Strategy, Threatened Species ConservationAct 1995 (NSW)and the Endangered Species Protection Act 1992 (C’wth) (and, the equivalent parts of the Environment Protection and Biodiversity Conservation Act 1999 (Cwth) when it commences), Forestry and National Parks Estate Act 1998 (NSW) and the application of a range of management strategies, management plans and the Integrated Forestry Operations Approval will provide for the protection of rare or threatened flora and fauna species and ecological communities.
61Where threatened species, ecological communities and threatening processes restricted to New South Wales are listed under both the Threatened Species ConservationAct 1995 (NSW)and the Endangered Species Protection Act 1992 (C’wth), any new or revised Recovery Plans or Threat Abatement Plans will be jointly prepared to meet the requirements of both Acts. Where Recovery Plans or Threat Abatement Plans under the Threatened Species Conservation Act 1995 (NSW) meet the requirement of the Endangered Species Protection Act 1992 (C’wth), the Commonwealth will consider adopting them under Section 46 of the Endangered Species Protection Act 1992 (C’wth).