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Legislative Council
 
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