Forestry Act: Revocation of Dedications; Revocation Schedule

Mr SOURIS (Upper Hunter - Minister for Land and Water Conservation) [4.41]: I move:

(1) That, pursuant and subject to the provisions of the Forestry Act, 1916, this House agrees to the revocation of the dedication of those part areas of State Forests indicated on the attached schedule:

State Forest	No.	Parishes	Counties	Area (ha)	Portion	Purpose
Bemboka	1007	Bronte, Mookerwah, Numbugga, Ooranook, Puen Buen, Werri Berri	Auckland	13,745	Part	Addition to National Park
Bondi	128	Bondi, Genoa, Nalbaugh Gulgin	Auckland Wellesley	5,550	Parts (3)	Addition to National Park & Nature Reserve
Cathcart	607	Kanoonah, Yuglamah	Auckland	2,160	Part	Addition to National Park
Coolangubra	547	Coolangubra, Kanoonah, Mataganah	Auckland	8,455	Parts (2)	Addition to National Park
Glenbog	149	Bredbendoura, Colombo, Mogila, Tantawangalo, Werri Berri	Auckland	2,200	Parts (3)	Addition to National Park
Mumbulla	605	Mumbulla Wapengo	Auckland Dampier	1,400	Part	Addition to National Park
Nalbaugh	129	Nalbaugh	Auckland	224	Part	Addition to National Park
Nullica	545	Bimmil, Boyd, Eden, Imlay	Auckland	4,355	Part	Addition to National Park
Tantawangalo	134	Bredbendoura, Mogila Creewah	Auckland Wellesley	3,655	Part	Addition to National Park
Nangar	686	Goimbla, Mogong	Ashburnham	5,134	Whole	Addition to Nangar National Park
Capertee	876	Coco	Roxburgh	2,733	Whole	Part of proposed Gardens of Stone National Park
Wolgan	454	Wolgan	Cook	400	Part	Part of proposed Gardens of Stone National Park
Newnes	748	Cook, Wolgan	Cook	2,700	Part	Part of proposed Gardens of Stone National Park
Ben Bullen	434	Ben Bullen	Roxburgh	600	Part	Part of proposed Gardens of Stone National Park
Conjola	863	Conjola, Cudmirrah	St Vincent	315	Part	Part of proposed Cudmirrah National Park
Dampier	926	Coondella, Wamban	Dampier	740	Part	Addition to Deua National Park

(2) That the foregoing be communicated by Address to His Excellency The Governor.

The procedure under which State Forests, or parts of State Forests, may be revoked is set out in section 19 of the Forestry Act. The section provides for the revocation by His Excellency The Governor, but first it is necessary that a resolution be passed by both Houses of Parliament that the revocation be effected. In summary, the State Forest dedications proposed to be revoked comprise two State Forests and part of 14
Page 5883
other State Forests. This proposal implements the additions to the national park and reserves system which were part of the south-east forests agreement between the Commonwealth and New South Wales governments. The revocations will also enable the Government to give effect to its longstanding commitment to create Cudmirrah National Park and the Gardens of Stone National Park, and to make additions to Nangar National Park and Deua National Park.

The Commonwealth and New South Wales governments agreed in July 1989 to set up a joint scientific committee to conduct biological surveys of the south-east forests and make recommendations about the adequacy of the reserve system in that region. Following extensive studies, the committee delivered its report in July 1990, which provided a number of options for expanding the existing reserve system to preserve better the regions biological diversity. Subsequent negotiations between the two governments led to an agreement which balanced both conservation and socio-economic needs. Details of the broad agreement were announced in October 1990, and the final south-east forests agreement was signed on 21 December 1993.

The agreement referred to "both nature conservation and access to forest resources to maintain and enhance regional development opportunities". Together with the commitment to expand the reserve system, the two governments made a firm commitment that other forests would remain "available for other commercial and non-commercial uses, including wood production". In the south-east, six new national parks and a nature reserve with a total area of 62,000 hectares will be created by revoking approximately 47,000 hectares of State Forests and adding them to 3,000 hectares of vacant Crown land and 12,000 hectares of existing national parks and nature reserves. These dedications are based on sound and lengthy scientific work by the joint scientific committee on the adequacy of regional conservation reserves. The new national parks and reserves are the Bemboka National Park, the Biamanga National Park, the Coolangubra National Park, the Genoa National Park, the Tantawangalo National Park, the Yowaka National Park and the Bondi Gulf Nature Reserve.

Since the announcement by the Minister for the Environment of the Government's intention to create Cudmirrah National Park and the Gardens of Stone National Park, and to make additions to the Nangar and Deua national parks, the National Parks and Wildlife Service has undertaken lengthy and detailed consultations with other government agencies to finalise the boundaries of these reserves. This action will not have any significant adverse effect on the local timber industry. The whole of Nangar State Forest, totalling 5,134 hectares, will be revoked and added to the Nangar National Park. This area near Eugowra in the central west is a significant area of box ironbark forest, which is poorly represented in conservation reserves. Its incorporation will more than double the size of the existing national park.

Parts of the Wolgan, Capertee, Ben Bullen and Newnes State Forests, with a total area of 6,433 hectares, will be revoked and added to adjoining Crown Land to form the Gardens of Stone National Park, which will have an area of 11,780 hectares. The area has spectacular scenery associated with the cliffs and unique rock formations of the so-called pagoda country, and provides outstanding opportunities for bushwalking and rock climbing. However, much of the finest scenery can be seen from roads that touch the boundaries of the proposed national park. The area contains poorly conserved natural vegetation communities such as the box and ironbark forests, and provides a habitat for the endangered regent honeyeater. The national park proposal has been assessed by the Department of Mineral Resources, and will have no impact on the coalmining industry.

On the south coast, 315 hectares of the Conjola State Forest near Sussex Inlet will be revoked and reserved as part of the new Cudmirrah National Park, with a total area of 2,200 hectares. The park will protect outstanding coastal landscapes, including beaches, headlands and estuaries. Special features include the extensive foreshores on Swan Lake and the forest of the Cudmirrah High Dunes. The last area listed on the schedules is a 740-hectare part of the Dampier State Forest. The addition of this area to the Deua National Park will fulfil the Government's undertaking to protect the Deua wilderness area. It includes the upper reaches of Diamond Creek, which contains attractive tall eucalypt forest. Its inclusion in the Deua National Park will ensure the protection of the entire Burra Creek catchment - a large undisturbed stream catchment. With those remarks, I commend the motion to the House.

Mr MARTIN (Port Stephens) [4.47]: I seek to amend the motion. I move:

That the motion be amended by the addition after the word "Schedule" of the following words:

", but request your Excellency to withhold the revocation of the dedication of the following State Forests until after advice is received from the Minister for Agriculture and Fisheries, and Minister for Mines, namely Nangar, Capertee, Wolgan, Newnes and Ben Bullen."

Though the Opposition accepts the intention of the Government with regard to moving this motion, it is concerned that some conditions have not been met. I refer specifically to the coal deposits that may be under these areas in the western coal fields. In that regard the Opposition seeks an assurance from the Minister for Mines that the coal deposits that should be, and could be, drawn on as a vital resource for New South Wales, will not be forsaken. Before the dedication of the area as a national park is revoked, the Opposition wants that assurance. The Opposition seeks advice about mineral resources in the Nangar-Parkes area, especially having regard to the massive expansion into gold mining in western New South Wales. When that issue is resolved, the Opposition will support such legislation.

Page 5884

The record of the Opposition with regard to the environment and employment is a fine one. The Government must do the right thing by the State and its available resources. Extensive debate about the south-east forests has ensued during the time of the forty-ninth and fiftieth parliaments. Acceptance of this motion will resolve many contentious issues. My regret is that it has been moved on the third last sitting day this year. The Labor Party is concerned that this exercise will be hurried and that such important areas as the central coalfields and the coalfield near Canowindra will not be given due consideration. The south-east areas - Bemboka, Bondi, Cathcart, Coolangubra, Glenbog, Mumbulla, Nalbaugh, Nullica and Tantawangalo - are supported by the Opposition as part of the Hawke-Greiner agreement for 55,000 hectares to be dedicated as national park. As part of that agreement, adjustments could be made on the periphery of the park to ensure that the best conditions are created for conservation purposes.

The Opposition supports those actions. Conjola and Dampier are situated on the northern part of the South Coast. The Opposition has no objection to their revocation. The Lake Conjola area is renowned for its natural beauty. Dampier was part of the Deua wilderness nomination, which this Government elected not to proceed with. The Premier, last Christmas, reneged on his promise with regard to that nomination. The Opposition is about doing right by New South Wales, but further consideration should be given to the Capertee, Wolgan, Newnes and Ben Bullen proposals to ensure that things are done correctly. The honourable member for Bathurst will speak extensively about the central coalfields, an area that he understands well and has a strong association with. Section 19 of the Forestry Act 1916, which deals with the revocation of dedications, states:

19. Subject to sections 16A and 19B, a dedication under this Act or under the Act hereby repealed of a State forest may be revoked or altered in whole or in part in the following manner: -

(a) The Governor shall lay on the table of each House of Parliament proposals for such revocation or alteration.

(b) After such proposals have been so laid before Parliament, the Governor on a resolution being passed by both Houses that such proposals be carried out, may, by notice in the Gazette, revoke or alter such dedication as aforesaid. On any such revocation the land shall become Crown lands within the meaning of the Crown Lands Consolidation Act, 1913, or the Western Lands Act 1901, as the case may be, and shall be dealt with under those Acts respectively and until so dealt with shall be reserved from sale or lease under any Act.

On revocation the land reverts to the Crown; it does not automatically become national park land. The intention of the Government must be made clear. Whatever the result of this debate, the Minister will have to define clearly what will happen to the land. The Opposition hopes that the Government will support its proposal to defer the final decision in relation to areas about which little is known. When due consideration has been given to matters relating to those areas, then the Government can get on with the job. A similar debate took place today in the other place. If the result of this debate is different from the result of debate in the upper House, the matter should be reconsidered by the Legislative Council, at which time its members will be acquainted with all the matters referred to here today.

The Opposition has taken all aspects into account. The western coalfields area should be given particular consideration. My colleague the honourable member for East Hills, the shadow minister for mines, has told me that the Chamber of Mines expressed its concern to him about the possible tying up of coal reserves. It is important that that aspect be addressed. Nangar consists of 5,134 hectares, a large extension. Given modern techniques of mineral assessment one wonders whether the concerns of the Chamber of Mines have been taken into account. I hope that the Minister, in his reply, can allay the concerns expressed by all parties. The Minister for Mines might address the Chamber on those matters or else accept the amendment of the Opposition.

Coolangubra and surrounding areas have been the subject of great battles between the environment movement and the logging movement. Environmental protection and jobs can coexist. I am sure that the proposal by the Government to revoke the dedication of approximately 4,500 hectares will be part of an adjustment program that takes into account the forest needs of the south-east and ensures adequate resources for those who have been reliant on timber in that area. I am sure that the shadow minister for the environment and the Minister for the Environment will want to comment on that issue. I assure honourable members that the Opposition has taken that into account.

Diamond Creek, as mentioned by the Minister for Lands and Water Conservation, should also be properly assessed. The Government has identified it as one of the areas to be included in the south-east forest agreement, following lengthy discussions between Prime Minister Hawke and Premier Greiner in the historic agreement to dedicate 55,000 hectares in the south-east for conservation purposes. The Opposition is in favour of between 80,000 and 90,000 hectares being earmarked for conservation purposes. I look forward to one day, hopefully, being part of a negotiating team with the forest industry to preserve areas of high conservation and old growth value, and at the same time guarantee stock supply for the timber industry.

Other areas have also been subject to extensive campaigning. Great consternation has arisen over proposed revocation of dedication of 5,550 hectares in the Bondi State Forest, being land in the Bondi, Genoa, Nalbaugh and Gulgin parishes, and 607 acres in the Cathcart State Forest. That land is of considerable value. Full consultation by the Government with the timber industry and environment movement will ensure agreement on these issues and minimisation of conflict. Land affected in Auckland
Page 5885
and Wesley counties includes 3,600-odd hectares that are precious to those living in the upper reaches of the Bega Valley and at Candelo. Those residents will welcome revocation of that land for the purpose stated in the motion.

The Opposition supports the general thrust of this measure, but seeks an explanation about those five areas. The Opposition accedes that it could pursue its aim by amendment of the revocation of dedication provisions in the legislation. Clauses 16, 16A and 19B provide for revocation of dedication in certain circumstances. The Opposition seeks more information on those areas but supports the general thrust of the measure. I ask all members to express their views on these provisions, which will at the end of the day enrich New South Wales. I commend my amendment to the House.

Mr SOURIS (Upper Hunter - Minister for Land and Water Conservation) [5.03]: The amendment would strike at the heart of the conclusion of the South East Forest Agreement. Any amendment which would result in loss of the motion would deny the Government the ability to fulfil obligations it signed to fulfil under the South East Forest Agreement one year ago - obligations which must be fulfilled within the year. Any amendment would place the motion out of harmony with the motion passed in the other place. I understand that both Houses must pass the same motion to allow it to go to His Excellency the Governor. The proposed amendment would prevent that happening. The provision has already passed the upper House unamended. Therefore, any amendment in this House would prevent the motion going to His Excellency. The amendment proposes that advice will be required in respect of the mining aspects of those five additional areas to the Gardens of Stone National Park. I shall quote the Minister for Mines, in a letter he wrote on this topic to the Premier. Once I have read out these two paragraphs I will seek leave of the House to table the letter:

I have received advice on the Minute from the Department of Mineral Resources (DMR). I have no significant concerns at the four recommendations advanced in the Minute or the boundaries of the proposals described in the maps [attached].

In particular it is noted that the proposed boundaries for the Gardens of Stone and Cudmirrah National Parks reflect extensive discussions held between the DMR and the NPWS. The proposed boundaries for the Gardens of Stone still impinge on a number of existing coal authorisations to prospect and coal leases. However, the DMR considers that there are no economic coal resources within the affected sections of these titles and that the proposed boundaries exclude all areas containing potentially mineable coal. I therefore find the proposed boundaries satisfactory.

I seek leave to table that letter, which I believe represents the advice referred to in the amendment.

Leave granted.

Mr Martin: Will it be incorporated?

Mr SPEAKER: Order! The letter has been read into the record; it does not need to be incorporated in Hansard. It is sufficient that the letter be tabled.

Mr ROGAN (East Hills) [5.06]: What is happening is quite extraordinary. As the Opposition spokesman on minerals and energy, I support wholeheartedly Labor's progressive policy on creation of national parks. Announcements have been made on that issue and further announcements will be made about it in the lead-up to the next State election. I make clear the Opposition's commitment to the national parks program, lest my words be misinterpreted or reported in a form that might cast doubt on that commitment. It is extraordinary that the Government has brought on the motion in this form without any real consultation. This afternoon I consulted with the Coal Association and the Chamber of Mines, Metals and Extractive Industries, the two principal bodies involved in the mining industry in this State. I approached both bodies and asked them whether they were aware of the motion moved by the Minister and of the revocation schedule contained in Notices of Motion and Orders of the Day No. 41, of Tuesday 29 November 1994.

Both bodies told me they knew nothing about it and had not been consulted about it. That is extraordinary. The Minister quoted from a letter by the Minister for Agriculture and Fisheries, and Minister for Mines. That letter, now tabled, seems to create doubt whether adoption of the motion before the House would impinge upon current and future mining in the western districts of New South Wales. In the estimates committee I asked the Minister questions about the Camden area, which has extensive prospective coal reserves. The Government is allowing development to occur in the Harrington Estate at Camden and at Cawdor in that region. That is the way the Government is looking after the future mineral resources of this State. Earlier this year, with great fanfare, the Minister for Mines released a publication entitled "Our Threatened Coal Resources". The article contained a graph and said:

The coal industry will face a crisis in a few years if it is denied access to the last of New South Wales' untapped coal resources. Almost half of the State's coal is already locked up in National Parks, or cannot be exploited because it is covered by housing developments or other land uses which prevent mining. Another third cannot be mined economically at today's prices.

In reality only 18 per cent of the coal in New South Wales is available for mining and a third of this could be lost if action is not taken soon to protect access to it.

The Minister has given certain verbal assurances; he quoted from a letter from the Minister for Mines. With the limited resources available to the Opposition - it does not have a department at its disposal - how can it possibly analyse this schedule of revocations and make any informed determinations about what areas should or should not be excluded? The shadow minister has foreshadowed an amendment simply to allow time to consider whether there are prospective areas in which mining could occur. One of the most prospective areas for goldmining is in the west of the State. Two large goldmines will commence operation soon. However, if the Government sends this sort of signal to the industry, perhaps those mining operations will not go ahead.
Page 5886
Lack of consultation by the Government hardly inspires confidence in the industry and in the bodies responsible for the industry in this State.

The Government's method of revocation of dedications inherent in this motion is extraordinary. I urge caution on the part of the Government: if it proceeds with this motion and if it uses the same form with these revocations as it displayed in Camden, Cawdor and Wollondilly shire, it will not inspire confidence from the industry. It is extraordinary that industry was not consulted, though given the past performance of this Government it should not come as any surprise, for it never consults with anybody outside the industry, and certainly not with the organisations and people concerned. However, the Government's approach in this instance is extraordinary because those involved are not traditional Labor supporters.

I am sure members of the coal industry and the Chamber of Mines Metals and Extractive Industries would admit that. But those people now talk to the Opposition because they cannot talk to the Government. It is becoming increasingly obvious from this Government's performance that it is very likely its members will be sitting on this side of the Chamber in the not too distant future. Members of that industry and other industries can talk to Opposition members, as was the case when we were in government. The Minister's door was always open for industry members to talk with the Labor Government. Certainly information that I have relating to discussion with the industry about these revocations is not -

Mr DEPUTY-SPEAKER: Order! It being 5.15 p.m., pursuant to sessional orders the debate is interrupted.