It appears that the forest resource database, on which the five REITs were based and on which sustainability values were calculated, may have been insufficient. The Statewide Forest Resource Inventory (SFRI), which aims to provide a comprehensive and consistent database for the identification of sustainable yields for each forest management area (FMAs), was originally established in 1994. In May 2000, $3 million was allocated for the rapid monitoring of SFRI, which is expected to be completed in 2004. 1.51 Given that the Court of Justice found that the exemption from the EPBC Act only exists as long as the logging operations were implemented in accordance with the FRG, much depended on whether the measures at issue in this case were in fact consistent with the FRG. Article 68 of the Tasmanian FRG has been at the centre of this debate. Article 68 states that “the state is committed to protecting priority species… CAR reserve system or the application of relevant management rules.” [75] Regional Forest Agreements (RFAs) are bilateral agreements between the Australian government and four national governments and take effect under the Commonwealth Regional Forest Agreements Act 2002 (RFA Act). These are long-term agreements that provide for sustainable management and conservation of Australia`s native forests. Section 38 of the EPBCA allowed an individual to carry out FRD forestry activities without being subject to the environmental approval requirement in accordance with Part 3 of the EPBCA. However, in accordance with Section 42, Section 38 did not apply to logging operations 6…………… Certain Commonwealth acts that do not apply to timber logging or FRG 5 1.61 The court then ordered an injunction under which the complainant [Forestry Tasmania] would not issue authorization under the third part of the Environmental and Biodiversity Protection Act 1999 (Cth) or another order of Wielangta`s undertaking under paragraph 40 , paragraph 2 of the law.” [85] The Victorian forestry industry has projected losses of up to 1,500 jobs (direct and indirect) as a result of the reduction in logging rates.

(35) Graeme Gooding of the Victorian Forestry Industries Association said the sector was appalled by the revised figures, but applauded the government for taking action to address the problems when warnings to the previous government were deaf. (36) He stated that instead of reducing slaughter rates, Mr. Bracks should have developed more areas for controlled operation. (37) Senator Ian MacDonald, Federal Minister of Forestry and Conservation, stated that “the Victorian government has put in place a whole new assessment procedure that has removed a very important part of the Victorian forest, which was originally still available, from the land available for logging.” (38) He indicated that the Commonwealth would investigate whether Victoria had breached regional forest agreements.