Decision on Tasmanian, NSW and Queensland woodlands’ on hold despite advice from expert committee

This article is more than 2 years old

This article is more than 2 years old

Farmers’ associations, the Tasmanian deputy premier and a Tasmanian Liberal senator lobbied the environment and energy minister, Josh Frydenberg, not to grant critically endangered status to woodlands eligible for protection under Australia’s national environment laws.

In 2017 the independent threatened species scientific committee, which provides scientific advice to the government about conserving threatened species, recommended two new woodlands be listed as critically endangered ecological communities under the Environment Protection and Biodiversity Conservation Act.

The first, poplar box grassy woodlands on alluvial plains, a type of grassy eucalypt woodland found in New South Wales and Queensland, was recommended for a critically endangered listing in April 2017.

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But Frydenberg, who is responsible for approving recommendations for national environmental protection, has twice delayed deciding the woodlands’ status.

The second, Tasmanian forests dominated by the black gum or Brookers gum tree species, was identified as eligible for critically endangered status in July 2017 but has also not had sign-off from the minister.

Humane Society International, which nominated both woodland communities for national environmental protection in 2013, says the delays are unprecedented in the history of Australia’s national environment laws and has accused Frydenberg of allowing political intervention into a scientific process.

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Under the act, environment minsters can consider whether an ecological community meets the criteria for listing, and the effect a listing might have on its survival, only when making decisions about whether to grant nationally threatened status. However, the public can make a submission to the environment and energy department about potential threatened species listings during the listing process.

Documents published by the environment and energy department obtained under freedom of information laws show the Tasmanian Liberal deputy premier and former primary industries and water minister, Jeremy Rockliff, a federal Liberal senator, Jonathon Duniam, and the Tasmanian Farmers and Graziers Association urged Frydenberg not to approve a critically endangered listing for the black gum or Brookers gum woodlands in that state.

This unprecedented political intervention into scientific process is absurd Evan Quartermain, Humane Society International

They argued doing so would impose unnecessary regulation on farmers and duplicate existing state laws.

An environment and energy department briefing states that available evidence shows Tasmanian black gum and Brookers gum forest has declined by 90% and provides vital habitat to 30 animals and 32 plants listed as nationally threatened, including the Tasmanian devil and quolls.

In its letter to Frydenberg, the farmers and graziers association said the threatened species scientific committee’s conservation advice about the woodland community “lacks rigour”.

In a letter from May last year, Rockliff said, “I consider that the socioeconomic implications need to be considered against the likely limited additional environmental benefit from the proposed commonwealth listing of these ecological communities, which are already adequately protected and regulated under Tasmanian legislation.” He added he had sent similar letters to then deputy prime minister, Barnaby Joyce, and Duniam.

In a reply to Rockliff in July 2017, Frydenberg said most public submissions supported granting a critically endangered listing, including those from state forestry and natural resource agencies.

In December Frydenberg deferred his decision to June 2018 to “appropriately consider the listing advice and public comments received”.

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The same batch of FOI documents shows that the NSW Farmers Association, the National Farmers’ Federation and the NSW Irrigators’ Council lobbied Frydenberg not to grant critically endangered status to the poplar box grassy woodlands community recommended for listing in NSW and Queensland. Frydenberg has twice deferred deciding to enact the scientific committee’s recommendations and has deferred his listing decision until May.

Information on the environment and energy department’s website says the deferral is “to allow time for the [threatened species scientific] committee to provide updated advice incorporating newly available information, and to consider that advice prior to making a listing decision”.

NSW Farmers said it “does not support the [act’s] listing process, and it is not clear how or where the farming community’s input is considered throughout this process”.

Humane Society International’s head of programs, Evan Quartermain, said Frydenberg had a responsibility to act on the recommendations of the threatened species scientific committee.

“This unprecedented political intervention into scientific process is absurd,” he said.

“If habitats and the unique species that rely on them are under threat of extinction, it’s simply a fact. And it remains so no matter how many times minister Frydenberg neglects his responsibility to act on the advice of our most eminent experts.

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“The EPBC act listing process is extremely thorough and has very generous features built in to minimise impacts on farmers. The focus is not on vegetation management as is the case with state laws, but on protecting nationally threatened matters and promoting support to landholders through environmental funding.”

Release of the documents comes at the same time the federal government has launched an independent inquiry into the interaction between agriculture and the act.

Frydenberg did not respond to specific questions from Guardian Australia about his reasons for deferring a decision on whether to grant the woodlands’ critically endangered status.

In a statement, he said: “Australia has a spectacular natural environment which needs to be protected and nurtured for future generations to enjoy.

“The independent review into the interaction between environmental law and the agricultural sector is about getting the balance right to deliver the best environmental and economic outcomes.

“It builds on the Productivity Commission’s 2017 report into the regulation of Australian agriculture which found that improvements could be made to reduce the complexity of regulation and the actions requiring compliance with the act.”

Neither Rockliff nor Duniam responded to specific questions.

A Tasmanian government spokesperson, on behalf of Rockliff, said: “As Tasmanians would expect, we are ensuring our concerns are raised in Canberra.

“Tasmania has a strong and growing agricultural industry and through our comprehensive sustainable agrifood plan we are working closely with our farmers and agribusiness to ensure the sector continues to thrive.”

A NSW Farmers spokeswoman said environmental laws were “too complex for farmers to navigate”.

“There is overlapping state and federal legislation and a range of different agencies all involved in delivering and administering different aspects of it,” she said.

Comment was sought from the National Farmers’ Federation and the Tasmanian Farmers and Graziers Association and not supplied.