Hansard debates
Search Hansard|
Search help
|
|
|
|||||||
|
SUSTAINABLE FORESTS (TIMBER) AND WILDLIFE AMENDMENT BILL 2013
|
|||||||
|
|
|||||||
|
18 February 2014
Second Reading
PENNICUIK
|
|||||||
|
|
|||||||
SUSTAINABLE FORESTS (TIMBER) AND WILDLIFE AMENDMENT BILL 2013
Second reading
Debate resumed from 4 February; motion of Hon. G. K. RICH-PHILLIPS (Assistant
Treasurer).
Ms PENNICUIK (Southern Metropolitan) -- Despite being warned that a large
number of duck shooters were gathering at a wetland where it had been reported a
massacre had occurred the previous year, no officers of the Department of
Environment and Primary Industries (DEPI) were present on the opening morning --
they turned up only after hundreds of birds, including more than 100 precious
freckled ducks, had been massacred. Had DEPI been fulfilling its wildlife
protection function it would have been aware of the presence of a large number
of freckled ducks at Box Flat swamp and would have closed it to shooting.
Instead the game unit of the DEPI acts as a cheer squad for duck shooting.
Finally, Field and Game Australia is always talking about responsible shooters;
however, as the deputy secretary said, 100 to 150 shooters were present. A large
number were interviewed and admitted to being there and to hunting, but nobody
saw any offences committed. No-one showed any responsibility. One hundred to 150
shooters blasted hundreds of birds out of the sky and illegally left them to die
on the water. That is not responsible. This bill is a disgrace, and the Greens
will oppose it.
Mr DRUM (Northern Victoria) -- The Sustainable Forests (Timber) and Wildlife Amendment Bill 2013 is a good piece of legislation that is designed to keep our forests and our waterways clear and prevent them from becoming quite dangerous environments. Ms Pennicuik -- Dangerous for birds, that's for sure. Mr DRUM -- I will take up Ms Pennicuik's interjection that it is dangerous for birds. Duck hunting has always been dangerous for birds. It has only been in the last 5 to 10 years that it has also become dangerous for protesters who flout the regulations and protest under the guise of animal welfare support. Ultimately those protesters are putting themselves at genuine risk to highlight the plight of wildlife, particularly during the opening of duck hunting season. They place themselves in the line of fire, between the shooters and the ducks that are there to be shot. A couple of years ago we needed to enhance the laws that were put in place by the Wildlife Act 1975 to prevent protesters from moving within a 25-metre exclusion zone. These laws have been flouted by the protesters, so the penalties will now be increased from $1400 up to $8500. There will be fines associated with this legislation that will see protesters who wish to harass duck hunters fined to the tune of $3000. New offences of breaching an exclusion order in logging zones will attract similar penalties. These are the two main aspects of this legislation. The legislation will put in place a framework for people who wish to protest against logging and duck hunting and make sure that authorised officers have the capacity to enforce the law so that these types of activities can occur in a safe manner. These amendments are probably driven by a need to protect public safety. However, in relation to timber harvesting a considerable part of the legislation is based around enabling people to go about their work in a dignified manner. If we are going to have people continually protesting, chaining themselves to trees and chaining up gates that give logging companies access to selected harvesting areas, these types of behaviours simply have to be addressed. There seems to be a lawlessness to the behaviour of many of these protesters. They do not care what the law states. They simply want to carry on in a manner that suits them, and they do not care about the consequences of their behaviour. It is not anyone else's concern -- that is their thinking. It is very important to understand that these amendments are not going to prevent anyone from protesting against timber harvesting. People can protest outside the harvesting zones for as long and as often as they like and have all the safety afforded to them that would normally come with such an activity. When the legislation is in operation the Secretary of the Department of Environment and Primary Industries will designate the area of the state forest a public safety zone. Not only will protesters need to stay clear of that zone but they will also have to move on when they are instructed to. If protesters have dogs that are running
Page 330
free, an authorised officer can direct them to bring their dogs under control and take them away from the respective areas. It will be an offence to pull down a fence that has been erected to outline the dimensions and area of a particular timber harvesting coupe. There are a lot of common-sense provisions within this bill that fit with the day-to-day operations of a timber harvesting company, and they will enable authorised officers to ensure that timber harvesters can go about their everyday business. The provisions will enable them to deal with many of the behaviours that have been causing so much trouble in recent times. An invaluable aspect of this legislation is that it inserts into section 3 of the Sustainable Forests (Timber) Act 2004 a definition of 'authorised person'. Clause 6 expands the purposes of the act to provide for timber harvesting safety zones. Currently the purposes are too broad in relation to what a public safety zone is, so the bill narrows them down and adequately addresses specific issues to counter forestry protests. The bill also provides for a stronger enforcement regime. The current offences and penalties in the framework have been seen to be too limited in deterring forestry protesters and far too lenient in relation to stopping forestry protesters from disrupting lawful forestry operations. Stronger enforcement is required to effectively deter unlawful, dangerous and disruptive forestry protest activities. I turn to the new offences and penalties introduced by the bill. It will now be an offence to refuse or fail to comply with the direction of an authorised person to leave and not re-enter a timber harvesting safety zone. It will also be an offence to direct a person operating a vehicle in a timber harvesting safety zone to stop or manoeuvre the vehicle as directed. This will incur a penalty of 20 penalty units, which is effectively $2887. Authorised officers will also be empowered to direct a person in apparent control of a dog in a timber harvesting safety zone to remove that dog from the zone. Protesters have been using dogs as a way of intimidating forestry workers from going about their lawful activities. It will be an offence for people in apparent control of a dog not to remove that dog from a harvesting zone. The bill also makes it an offence to enter or remain in a timber harvesting safety zone and to be in possession of a prohibited thing in a timber harvesting safety zone. A 'prohibited thing' is defined in clause 4 of the bill. More significant fines will be associated with some other offences, including hindering, obstructing or interfering with timber harvesting operations by using a prohibited thing, which will incur a penalty of 60 penalty units or $8661. Hindering, obstructing or interfering with timber harvesting operations will incur a penalty of 20 penalty units. Contravening an exclusion order will incur a penalty of 60 penalty units, and refusing or failing to comply with a directive to leave an area will incur a penalty of 60 penalty units. Some offences have been replicated and strengthened and a range of penalties will be associated with them. Simply contravening a direction of an authorised officer will incur a penalty of 20 penalty units, and the offence of entering or remaining within a timber harvesting safety zone if you are not an authorised person will be strengthened. Removing or destroying a fence or barrier that has been set in place to outline the area of a coupe -- which effectively becomes the timber harvesting safety zone -- and removing or destroying a notice of a timber harvesting zone will also incur a penalty to the tune of 60 penalty units. Authorised officers have very important work to do. It is interesting that some of the new powers in this act empower authorised officers to direct a person to leave a timber harvesting safety zone. An authorised officer will also be able to direct a person to stop or move a vehicle in a timber harvesting safety zone and direct a person in apparent control of a dog to remove that dog. The bill provides that authorised officers will also have the power to seize items which potentially come under the heading of 'prohibited things'. Clause 4 of the bill contains definitions of 'prohibited thing', including a bolt cutter, cement or mortar mix, a constructed metal or timber frame, a linked or heavy steel chain, or a shackle or joining clip. No-one would doubt that many of these items have been used in a very dangerous manner by timber harvesting protesters. These items have been used for such activities as locking fences and gates and putting chains around trees. Sometimes protesters have even driven metal spikes into trees, which can cause incredible damage and be unbelievably dangerous for timber harvesting workers through no fault of their own when they are going about their business and doing their jobs. The vast majority of Victorians will see the provisions in this bill as common sense. It is about time we let timber harvesting workers go about their work in a lawful manner. It is also about time we put some restrictions around people who wish to protest so that their protests are made in an orderly fashion. The people who want to protest have every right to protest whenever they want, but such protests should be
Page 331
conducted in a lawful manner that enables workers to continue to do what they have to do in order to make a living. This legislation provides those involved in the timber harvesting industry with some confidence into the future. A whole range of reviews have been conducted over the last 5 to 10 years, including an inquiry by the Victorian Environmental Assessment Council. The council conducted a study and handed down some recommendations, including that many timber harvesting companies have their available timber harvest allocations cut by up to 80 per cent. As a result, many people involved in the forestry industry faced a serious loss of livelihood, and many timber harvesting companies have had to adapt to these conditions. Members of the government understand that many of our most pristine forests have had selective harvesting operate within their areas for not just 5, 10 or 15 years but 150 years. Many forestry coupes are providing a fourth generation of trees -- that is, they are being harvested for the fourth time. These forests provide a glowing example of people working in and using forests. They are enjoying forests with all their associated natural beauty and working in conjunction with selective harvesting companies that understand what it means to look after the health of a forest. In no way are people in the industry going to damage the asset that provides their livelihood. The sooner we understand that some of the best custodians of our forests are the people who have the capacity to work with the departments, the better. Staff from the Department of Environment and Primary Industries will go out and selectively mark appropriate trees that need to be removed to allow timber harvesters to reach the trees that remain. In this way we can look after our forests. This is the way we can generate the best outcome for the people who love using our natural wonderland and environment. There are also bushwalkers, four-wheel drivers and -- God help us! -- prospecting miners who would also love to be able to use our forests and national parks in a more user friendly manner. However, there is a continual push from the environmental movement, the members of which seem to want all human activity to be removed from national parks and state forests. They want forests to be locked up and -- --
The ACTING PRESIDENT (Mr Ondarchie) -- Order! The member's time has expired.
Mrs MILLAR (Northern Victoria) -- The Sustainable Forests (Timber) and Wildlife Amendment Bill 2013 is about increasing public safety, both in the context of lawful timber harvesting activities and duck hunting activities. Forestry operators and duck hunters should be able to pursue their lawful commercial operations and recreational pursuits without disruption, intimidation, interference or risk to their personal safety. This bill is not about preventing anyone's right to protest, which is an important right supported by this government so long as the protest activities do not put anyone's safety at risk or break a law. This bill is about better ensuring the safety of all the stakeholders involved in these activities, including timber harvesting workers, duck hunters, protesters, authorised officers and members of the public. I understand that duck hunting and perhaps to a lesser extent timber harvesting -- given the significant innovations in that industry in recent decades -- are highly emotive subjects for which people on both sides of the ledger have strong feelings, and in the past this has led to some very regrettable incidents in which people have been injured. I suspect that the debate is often fuelled by emotion rather than fact, which leads to a great deal of misinformation. This bill is not about entering the fray of the substantive merits of duck hunting or timber harvesting; rather it is implementing provisions which will govern the safety of those engaged in these activities or those who are seeking to be within the vicinity of these activities for whatever purpose. The bill amends the Sustainable Forests (Timber) Act 2004, the Wildlife Act 1975 and the Safety on Public Land Act 2004. The main purpose of the bill is to amend the Sustainable Forests (Timber) Act to establish and provide for the enforcement of timber harvesting safety zones, enforceable undertakings and exclusion orders, and to amend the Wildlife Act to provide for banning notices and exclusion orders. The primary objective of these measures is to preserve and protect public safety. Again I stress that this bill does not remove any person's ability to protest against duck hunting or timber harvesting -- and I would not support any bill which purported to silence freedom of speech -- but it amends provisions to ensure that protests in relation to these activities are conducted in a safe and lawful manner. There is a line between freely expressing our thoughts, if you like freedom of speech, which involves expressing ideas, debating and influencing thought, and some of the violent and intimidatory conduct that occurs within the sphere of what can be called a protest. I stand up and say: there is no place in our society for any form of violence, or for any form of intimidation or other form of physical aggression, no matter how important the underlying cause.
Page 332
It was the author Edward Bulwer-Lytton who coined the phrase, 'The pen is mightier than the sword' -- a concept that I hope all in this place would agree with. It is equally true that there are some in our community who do not shy away from resorting to violent, menacing, intimidatory and aggressive behaviour to further their cause. Some of these are well known to us as 'rent-a-protestors', turning up time and again and moving from protest to protest. There are many examples of violent protests that have occurred in relation to both timber harvesting and duck hunting, and these have been well detailed in the other speeches on this bill. We are all familiar with footage of these types of clashes between duck hunters and protestors and between timber workers and protesters. Again I say that there is no place in our society for any form of violence as a means of influencing public policy. Equally I note that there are law-abiding people who also engage in protests against duck hunting and timber harvesting, and they should be able to continue to do this in a context which maximises their safety as well as their freedom of speech. In relation to timber harvesting, forestry remains an important though significantly smaller industry than in times past. Many communities continue to rely heavily on this industry for the provision of their livelihoods. Significant changes have been made within the industry to ensure greater sustainability, and we all welcome this. The timber harvesting industry has certainly been hit hard in recent decades by factors including the reduction of stock through fire events and increasing global competition, with significant cheap imports flooding the market. There are many fine people in this industry, many of whose families have worked in this industry for a number of generations. This industry and the people who work in it deserve to have their safety protected when they engage in their lawful commercial endeavours. Thus this bill will implement timber harvesting safety zones, which will include the coupe, any road that is within the coupe and any area of state forest that is within 150 metres of the coupe. The bill sets out the offences and penalties which will apply to those entering the timber harvesting safety zone who are not authorised, those who allow dogs to enter this zone, those who possess prohibited things including chains, bolt cutters, shackles, cement et cetera in this zone, and those who remove or destroy barriers. People can protest outside the timber harvesting safety zone as long as they do this in accordance with the law. New penalties will be imposed under the bill, significantly increasing fines from approximately $1600 up to 60 points, which is $8660, and introducing banning notices and exclusion orders, as is appropriate for the severity of the offences being committed. Again I will not comment on all of these in detail, as other speakers have already done so. In relation to amendments to the Wildlife Act, a number of offences already exist under that act which apply to those engaged in duck hunting protests. This bill will strengthen the penalties that will apply in order to reduce recidivism -- as a significant number of offenders do repeatedly offend -- to create incentive to reduce aggressive, violent and confrontational behaviour and conduct and to give priority to the safety of all. This will include giving courts the ability to impose an exclusion order of up to a year. Again I say there that there is no place in our society for any form of violence as a means of influencing public policy. In supporting this bill, I note and commend the excellent work of the staff at the Department of Environment and Primary Industries (DEPI) and in particular the department's leadership under Mr Adam Fennessy, its secretary. In my electorate I work with the staff from DEPI on a very wide range of issues of great importance and significant complexity, as can be seen in this bill, and I can only say that I always find the work of the departmental staff at DEPI to be exceptional. I am pleased to commend this bill to the house.
Mr FINN (Western Metropolitan) -- It gives me a great deal of pleasure to rise to speak to support the Sustainable Forests (Timber) and Wildlife Amendment Bill 2013. In doing so, I can only endorse the comments that Mrs Millar made about the right to protest. I am a strong believer in the right to protest, and I have been involved in a number of protests myself, although I must say I am more inclined to defend the human species than perhaps the animal species -- however, I do not believe there is a place for any form of cruelty. I am certainly not one who holds the view that animals are more important than humans, as clearly some people in this house do. This bill is very much a matter of personal safety. What we have with the duck hunting season, for example -- and we have all seen it on the news, and some in this chamber may have actually been involved in it on one side or the other -- is a situation where a great number of people are lined up with shotguns, rifles and things that go bang in the night, and they are confronted by fanatics running across the wetlands in the dark. That is a recipe for big, big trouble. That is a recipe for people to get hurt, and that is not something we as a government should be encouraging or condoning. In fact this bill goes a fair way towards attempting to stop that.
Page 333
If people want to object to duck hunting, fair enough; that is their right. I have to say I have never been duck hunting. I do not think I will ever go duck hunting. I have no reason to go duck hunting, but I know some people who go duck hunting. A good many people in the western suburbs go duck hunting, and from their point of view that is a legitimate pastime, though it is not one I would partake in. I also respect the rights of those who object to this particular pastime, because in a free country we have a right to do that. The timber workers and demonstrators are a little different. In some of the timber areas we have seen groups of extremists who are prepared to do just about anything to stop the timber workers. That, again, is very big recipe for disaster. These extremists, or demonstrators -- call them what you will -- do not particularly care if they put themselves in harm's way, and they particularly do not care if they put the timber workers in harm's way. The timber workers have a right to be protected in their workplace. From that point of view it is an occupational health and safety issue and one the Labor Party should be wholeheartedly endorsing. One would hope it would, but there does not seem to be a great deal of enthusiasm from the ALP members in the chamber just at the minute. This bill is about protecting the timber workers, and it is about protecting the demonstrators -- the extremists I speak of -- and that has to be a very good thing. This is a very important bill. It does not just lay down or draw a line on where certain activities can be carried out. It also reinforces a very important line and sends an important message to people in terms of how far they can go in expressing their views before they put themselves or others in danger, which is something that we as a Parliament and we as a government are concerned about and should be very concerned about. Protest by all means, but do not put people's lives or physical welfare at risk, which is what we have seen far too often in protests against the timber industry and in the protests against duck hunting. I am very supportive of this piece of legislation, which sends a clear message to those people who wish to engage in that sort of activity. I strongly support the bill.
Hon. P. R. HALL (Minister for Higher Education and Skills) -- In reply I just want to say a few words. I thank members for their contribution to the debate. As always, debates on these subjects -- timber harvesting and duck hunting -- cause strong views to be expressed. I acknowledge and respect that people in this chamber have different views regarding duck hunting and timber harvesting, particularly timber harvesting that takes place on public land. Subject to the laws that govern both practices, both are lawful activities, so this debate -- held today and on a previous day -- should not be about whether or not we have timber harvesting on public land or whether or not we have duck hunting in Victoria. That is not what this bill is about. This bill is predominantly about how we conduct those lawful activities in a safe and proper manner while respecting the rights of those with an interest in those activities. As many people have said, this bill is predominantly about the safety of those interested parties -- the safety of duck hunters, that of timber harvesters, and that of authorised officers, who have not been mentioned much; those who go out and regulate and oversee these activities -- and that of protesters as well. It has been made out very clearly that we all have an absolute right to have a view and express that view, but it is the way in which that is done that this bill is predominantly about, and about it being done in a safe, proper and responsible manner. Bells rung. Mr Lenders -- On a point of order, President, under cover -- I am putting something over my head -- my recollection is that last sitting week I moved a reasoned amendment to this motion. I moved that the bill be referred to a Legislative Council legislation committee for further consideration. That question has not been put. I was not in the chamber when the division was called, so I seek the chair's guidance as to a potential solution. My recollection is I moved the amendment. I certainly spoke to it during the second-reading debate on this bill. We are now at the vote on the second-reading motion, and we have not addressed the reference to the committee. The PRESIDENT -- Order! We will deal with Mr Lenders's motion after the second-reading motion vote. It is just a sequence issue. I thank Mr Lenders for raising the matter. It has been a while since we have had somebody put a piece of paper on their head. That is one of the grand traditions of the Parliament. For those newer members of Parliament, in the course of a division you are not supposed to move from your seat or stand or suchlike, so the convention is that if there is an issue -- a point of order or an issue with process -- a member may stand, but they have to have their head covered.
Page 334
House divided on motion: Ayes, 35 Atkinson, Mr Lovell, Ms Broad, Ms Melhem, Mr Coote, Mrs Mikakos, Ms Crozier, Ms Millar, Mrs Dalla-Riva, Mr O'Brien, Mr Davis, Mr D. O'Donohue, Mr Drum, Mr Ondarchie, Mr Eideh, Mr (Teller) Peulich, Mrs Elasmar, Mr Pulford, Ms Elsbury, Mr Ramsay, Mr Finn, Mr (Teller) Rich-Phillips, Mr Guy, Mr Ronalds, Mr Hall, Mr Scheffer, Mr Jennings, Mr Somyurek, Mr Koch, Mr Tarlamis, Mr Kronberg, Mrs Tee, Mr Leane, Mr Tierney, Ms Lenders, Mr Noes, 3 Barber, Mr (Teller) Pennicuik, Ms (Teller) Hartland, Ms Motion agreed to. Read second time. Referral to committee
Mr LENDERS (Southern Metropolitan) -- I move:
That the Sustainable Forests (Timber) and Wildlife Amendment Bill 2013 be
referred to the Legal and Social Issues Legislation Committee for inquiry,
consideration and report by 30 June 2014 on the impact of the measures of the
bill and that the committee specifically be required to call as witnesses --
(a) Secretary of the Department of Justice in relation to the severity of
penalties; and
(b) Secretary of the Department of Environment and Primary Industries in
relation to the resources currently applied to enforce the laws
regarding duck hunting.
Hon. D. M. DAVIS (Minister for Health) -- On this occasion the government will not support the motion. I understand the reasons Mr Lenders may wish to move it, but the government believes that the legislation needs to proceed.
The PRESIDENT -- Order! I will give Mr Lenders another opportunity to speak, given that the Leader of the Government has said no.
Mr LENDERS (Southern Metropolitan) -- For the reasons outlined in the
second-reading speech debate, we think that the severity of the penalties ought
to be reviewed to see how they match up with other sanctions under state law. We
also think that there should be a full, frank and open discussion as to what
resources from the Department of Environment and Primary Industries go into the
start of the duck hunting season to make sure the law is enforced. We think the
secretaries would be the appropriate people to give that evidence and therefore
the motion should be carried.
House divided on motion:
Ayes, 17
Barber, Mr Mikakos, Ms
Broad, Ms Pennicuik, Ms
Eideh, Mr Pulford, Ms
Elasmar, Mr Scheffer, Mr
Hartland, Ms Somyurek, Mr
Jennings, Mr (Teller) Tarlamis, Mr
Leane, Mr Tee, Mr (Teller)
Lenders, Mr Tierney, Ms
Melhem, Mr
Noes, 20
Atkinson, Mr Koch, Mr
Coote, Mrs Kronberg, Mrs
Crozier, Ms Lovell, Ms
Dalla-Riva, Mr Millar, Mrs (Teller)
Davis, Mr D. O'Donohue, Mr
Drum, Mr Ondarchie, Mr
Elsbury, Mr Peulich, Mrs
Finn, Mr Ramsay, Mr
Guy, Mr Rich-Phillips, Mr
Hall, Mr Ronalds, Mr (Teller)
Pairs
Viney, Mr O'Brien, Mr
Motion negatived.
Sitting suspended 6.33 p.m. until 8.07 p.m.
Committed.
Committee
Clause 1