38If the Regional Forest Agreements Bill 1998 (C’wlth) is enacted and commences, New South Wales may seek amendment of this Agreement as a result of such enactment or commencement.
39This Agreement establishes milestones as given in Attachment 5 and Parties will report annually on their achievement during the first five years, using an appropriate public reporting mechanism.
Five yearly review
40Within each five year period, a review of the performance of the Agreement will be undertaken. The purpose of the five-yearly review is to provide an assessment of progress of the Agreement against the established milestones, and will include:
(a) The extent to which milestones and obligations have been met, including management of the National Estate;
(b) The results of monitoring of Sustainability Indicators; and
(c) Invited public comment on the performance of the Agreement.
41While the review process will not open up the Agreement to re-negotiation, both Parties may agree to some minor modifications to incorporate the results of the review as per clause 8.
42The outcomes of the review will be made public. The mechanism for the review will be determined by both Parties before the end of the five-year period and the review will be completed within three months.
43The Commonwealth will table in the Commonwealth Parliament the signed Regional Forest Agreement and, when completed, the annual reports detailing achievement of the milestones for the first four years of the Agreement and the first five-yearly review on performance against milestones and commitments.
ECOLOGICALLY SUSTAINABLE FOREST MANAGEMENT (ESFM)
44The Parties agree that ESFM is an objective which requires a long term commitment to continuous improvement and that the key elements for achieving it are:
(a) The establishment of a CAR Reserve System (Attachment 1(A) and Attachment 1(B));
(b) The development of internationally competitive forest products industries; and
(c) Integrated, complementary and strategic forest management systems capable of responding to new information.
45The Parties recognise that many of the existing New South Wales processes and regulations are designed to produce effective outcomes in terms of fauna, flora, soil and water conservation on State forests. These elements provide a sound basis for the further development of systems and processes to achieve ESFM.
46New South Wales confirms its commitment to the achievement of ESFM on Public and Private Land consistent with the principles of Ecologically Sustainable Forest Management at Attachment 14, and to the ongoing review and subsequent implementation of its legislation, policy, plans, Codes and Regional Prescriptions to ensure ESFM objectives can be achieved in a more efficient regulatory environment.
47New South Wales agrees that in providing for ESFM, its Forest Management System will be amended to implement the undertakings of this Agreement, including those specified in Attachments 6, 8 and 12 (Part D).
48New South Wales undertakes to:
Maintain Forest Agreements covering both the Upper North East and Lower North East regions for the duration of this Agreement;
Maintain for the duration of this Agreement an Integrated Forestry Operations Approvals covering the Upper North East and Lower North East regions, consistent with Attachments 1A, 1B, 3, 4, 8 and12;
Complete and publish plans of management for areas dedicated under the National Parks and Wildlife Act1974 (NSW) by 1 January 2005;
Complete and publish Regional ESFM Plans for State forests under the Forestry Regulation 1999 (NSW) under the Forestry Act 1916 (NSW) by 30 June 2000;
Implement the Forest Management Zoning system for the Upper North East and Lower North East regions by 30 June 2000;
Manage cultural values, both Aboriginal and non-Aboriginal, in the Upper North East region, consistent with the guidelines in the Protective Mechanisms for Cultural Heritage – Generic Version and the Lower North East region consistent with the guidelines in the Protective Mechanisms for Cultural Heritage – Lower North East as outlined inclause 92, Attachment 4 and the principles in Attachment 10. The Commonwealth acknowledges that the Cultural Heritage Guidelines attached to both the Upper North East Integrated Forestry Operations Approval(December 1999) and the Lower North East Integrated Operations Approval (December 1999) are consistent with the above documents;
Implement the review and monitoring processes and develop the strategic and operational requirements of sustainable yield systems and processes using enhanced Forest Resource and Management Evaluation System (FRAMES) as described in Attachment 12 (Part E) to enable the review of sustainable yield by 1 December 2006 as described in Attachment 12 (Part B);
Develop and implement environmental management systems in accordance with the principles outlined in Attachment 8 within five years.
Monitoring, Reporting and Consultative Mechanisms
49New South Wales will report on the results of monitoring of the Sustainability Indicators which are described in the report ‘Criteria, Indicators, Targets and Monitoring Processes of Ecologically Sustainable Forest Management for the Upper North East and Lower North East RFA regions’. Reporting against the indicators will be consistent with the framework document A Framework of Regional (Sub-National) Level Criteria and Indicators of Sustainable Forest Management in Australia (Department of Primary Industries and Energy 1998) developed by the MIG.
50Comprehensive Regional Assessments and the development of this Agreement have provided extensive opportunities for public participation and reporting. Parties recognise that the public reporting activities and on-going opportunities for public participation and consultation associated with existing New South Wales and Commonwealth processes and instruments will continue. A range of these processes and improvements are listed in Attachment 6.