ABSTRACT:
The question of the management of native forests on privately held land is a neglected but important aspect of the off-reserve biodiversity conservation puzzle. Research was conducted into the administration of environmental laws applying to private native forestry (PNF) in NSW between 1997-2001, firstly, to discern the extent of regulated and unregulated activity, and secondly to investigate broad patterns of administrative behaviour 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 an excessive number of agencies. 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 highly problematic exemption for PNF. Further, PNF was infrequently regulated by local government under Local Environment Plans. Nor was the safety net mechanism of licensing under the Threatened Species Conservation Act 1995 often applied. These findings suggest a failure of the law during the study period to ensure ecologically sustainable forest management in NSW private forests.
