Updated 11 September 2020

Attempts by VicForests and the Department of Jobs Precincts and Regions to hide decision-making and advice about the development of VicForests’ Timber Release Plan (TRP) has been over-ruled by the Victorian Information Commissioner.

The 2019 TRP was released on December 19 last year at the height of the Christmas rush.  Immediately upon its release, the Rubicon Forest Protection Group applied under freedom of information (FOI) laws to access a range of VicForests and DJPR documents to find out how (or whether) VicForests took account of biodiversity conservation, the precautionary principle and other safeguards set by the long-term planning requirements of the Code of Practice for Timber Harvesting.

RFPG has repeatedly reported breaches of the long term planning provisions of the Code to DELWP. Surprisingly VicForests does not believe these provisions apply to them and DELWP has failed to uphold any of these breach reports.  In fact, S.37(3) of the Sustainable Forests Timber Act creates an unqualified obligation on VicForests to ensure that the TRP is consistent with the Code.

Most of the Code prescribes how the 'managers of timber harvesting' deal with individual coupes. However the long term provisions of the Code deal with a wider range of issues, including ecological diversity, cultural heritage, landscape, provision of recreation and educational opportunities.

Cl 2.2.2.2 of the Code deals specifically with biodiversity conservation and includes a provision regarding the precautionary principle which VicForests was found to have disregarded in the Possums Case.

VF initially proposed to charge us $2,500 for the requested documents but in the course of further negotiation (and further delays) it became clear that the key document we needed was the paper that went to the VF Board on 19 December recommending the draft TRP be approved. However, access to this document was refused. 

As a consequence, RFPG appealed to the Office of the Victorian Information Commissioner (OVIC) which determined that the document was not exempt and should be released (decision here). 

RFPG has now seen the woeful advice which VicForests' Board considered when approving the December 2019 TRP. VicForests agenda paper for the Board is now available for all to see (here), and the Board’s decision is here.

Not only does it confirm VicForests’ failure to properly consider biodiversity conservation and the application of the precautionary principle, which we consider makes the TRP is unlawful, but it shows that the Board refused a request from the Secretary of DELWP, John Bradley, to remove coupes from the TRP that fell within the Immediate Protection Areas for old growth and greater gliders.  Since the protection of these areas lacks statutory force, the promise that these areas are to be protected can be broken by the stroke of a pen, as an incoming Coalition Government would doubtless wield.

Following intervention by the Victorian Information Commissioner, we expect to soon get documents withheld by the Department of Jobs Precincts and Regions showing its role in formulating the December 2019 TRP.

Watch this space.

11 Sept 2020