Kyogle Council has stated that the process of applying for a Private Native Forestry (PNF) approval from both Local Land Services (LLS) and the Kyogle Council ‘essentially duplicates the assessment’.
However, this statement has been challenged by the Kyogle Environment Group (KEG) who told The Echo that the development application (DA) for a PNF approval through council addresses a different set of criteria than approval via LLS.
LLS limited scope
A council brief in 2022 explained that ‘In determining whether to approve a PNF Plan for a subject property, LLS only considers matters on the subject property such as the presence of protected environmental or heritage areas and infrastructure required on-site to conduct forestry operations (e.g. internal roads, erosion and sediment control, snig tracks etc).’
The brief highlighted that the LLS do not look at ‘Council and community interests including impacts on infrastructure (roads, bridges and haulage routes), local amenity, water quality and areas of local environment or heritage significance.’
‘The assessment does not have regard to existing strategies or policies relevant to the subject land or the cumulative impact of PNF across a landscape.’ and ‘Councils are not consulted during the assessment process and only receive notification from LLS when a PNF Plan has been approved.’
160,000 hectares
Kyogle Shire has one of New South Wales’ largest private native forestry estates, covering 160,000 hectares and the KEG is asking why the Kyogle Council want to drop the dual consent process for PNF.
In Council’s Kyogle and Villages Community Newsletter council highlight the fact that ‘Once a PNF Plan is approved by LLS, the NSW Environmental Protection Agency is responsible for conducting checks to ensure landowners and forestry operators are complying with the approval issued and the PNF Code of Practice’.
Compliance failures
However, it is well documented that existing regulations lack stringent requirements for on-ground assessments, particularly regarding threatened ecological communities.
‘As a result, most private lands lack documented records of threatened species, enabling landowners to undertake forestry activities without adequate consideration of their impact on local wildlife. Despite provisions in the PNF Code aimed at wildlife protection, their application often falls short, leading to unsustainable practices and threats to endangered species,’ said Tori Bail from KEG.
‘The absence of oversight mechanisms to ensure compliance exacerbates the problem. Despite regulations mandating environmental assessments, there are no monitoring or compliance checks in place, leaving ecosystems vulnerable to habitat destruction.
‘The development application process must consider the impact the proposed development is likely to have on the natural environment, the built environment and the local community, any submissions made by neighbours, the wider community and government agencies after the development application was advertised and the public interest,’ she explained.
If the PNF application process is solely through LLS then many of these considerations and potential for community comment are eliminated.
‘Local Land Services and Local Councils do not look at the same parameters when approving a PNF application. LLS use the 2022 PNF Code of Practice. Local Councils follow the NSW government Planning Legislation. The LLS assessment is a desk top approval that does not have regard to existing strategies or policies relevant to the subject land or the cumulative impact of PNF across a landscape,’ said Ms Bail.
‘So how does Kyogle Council intend to ensure that community interests including impacts on infrastructure (roads, bridges and haulage routes) local amenity, water quality, culmulative impacts across landscapes and areas of local environment or heritage significance are met?’
Have your say
Community can review the full Planning Proposal on Council’s website: https://www.kyogle.nsw.gov.au/council-engagement/council-business/on-public-exhibition/.
Submission can be made on the Planning Proposal until 4pm, June 7. Submissions must be in writing and addressed to the Director Planning and Community Development, PO Box 11, Kyogle or emailed to: [email protected].
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