The Forgotten Forests: The Regulation of Forestry on Private Land in New South Wales 1997-2002

CONSERVATION OF AUSTRALIA'S FOREST FAUNA, 2nd Edition, pp. 297-330, D. Lunney, ed., Royal Zoological Society New South Wales, Mosman, 2004

34 Pages Posted: 6 Aug 2012

Date Written: August 6, 2004

Abstract

The question of the management of native forests on privately held land is a neglected aspect of off-reserve biodiversity conservation. Research was conducted into the administration of environmental laws applying to private native forestry (PNF) in NSW between 1997-2002 to discern the extent of regulated and unregulated activity. Research also aimed to investigate broad patterns of administrative behavior in implementing relevant legislation. The implementation of the Native Vegetation Conservation Act 1997 and the Threatened Species Conservation Act 1995 in relation to PNF were examined in particular. Failures of the legislative framework were revealed. The applicable law was found to be complex, and highly fragmented, with responsibility spread across many agencies. Some regulatory failures also stemmed from inadequate implementation of the legislation. It was found that PNF was infrequently regulated under the Native Vegetation Conservation Act 1997, primarily due to a problematic exemption for PNF. It was infrequently regulated by local government under Local Environment Plans. The safety net mechanism of licensing under the Threatened Species Conservation Act 1995 not often applied. These findings suggest a failure of the law to ensure ecologically sustainable forest management in NSW private forests. While the results suggest regulatory failure, they do not constitute grounds for wholesale replacement of regulation with self-regulation and other instruments.

Keywords: environmental regulation, self-regulation, regulatory failure, compliance, private native forestry, private native forest conservation, PNF, Australia, environmental law, New South Wales, natural resources law, biodiversity law, forestry law, forests, ESFM, forest management

Suggested Citation

Prest, James, The Forgotten Forests: The Regulation of Forestry on Private Land in New South Wales 1997-2002 (August 6, 2004). CONSERVATION OF AUSTRALIA'S FOREST FAUNA, 2nd Edition, pp. 297-330, D. Lunney, ed., Royal Zoological Society New South Wales, Mosman, 2004, Available at SSRN: https://ssrn.com/abstract=2124861

James Prest (Contact Author)

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia
+61 2 6125 1689 (Phone)

HOME PAGE: http://law.anu.edu.au/scripts/StaffDetails.asp?StaffID=377

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