Legislative Council, Tuesday 1 September 2026
Ms FORREST question to the LEADER of the LEGISLATIVE COUNCIL, Ms RATTRAY
With regard to the funding, operations and practices of the Forest Practices Authority (FPA)
- How are the prescribed fines determined; and
a. If based on environmental harm and culpability, does the FPA have an internal enforcement guideline, decision matrix or policy document that sets out how those factors are assessed; and
b. if so, please provide a copy of these documents?
- What specific sections of the Forest Practices Act 1985, or any other legislation, authorise the use of satellite imagery, drones and aerial photography in compliance investigations?
- a. What statutory provisions authorise Forest Practices Officers to enter private freehold land; and
b. explain what private land holder safeguards exist regarding notice, biosecurity and privacy?
- How are the prescribed fines used by the FPA?
- How much prescribed-fine revenue has the FPA received in each of the last five financial years?
- a. Has the Minister or the FPA ever commissioned an independent review of its compliance and enforcement practices; and
b. if not, why not?
ANSWER:
- Under section 47B of the Forest Practices Act 1985 (the Act), if the Board of the Forest Practices Authority (the Authority) is satisfied that an offence under certain sections of the Act has been committed, it may offer a prescribed fine in lieu of prosecution.
The Authority takes its enforcement decisions seriously and each matter is considered on its own merit, taking account of a wide range of factors that may be general or specific, to the matter at hand.
The following information is therefore general in nature, as any matter may raise additional considerations that fall outside the scope of general considerations outlined here.
In each case, consideration is first directed to making good or mitigating the damage done to the extent that mitigation may be reasonably likely to succeed.
In cases which involve a breach of a forest practices plan, a section 21 offence, then the primary considerations regarding penalty relate to the severity, extent and duration of the impact and the nature of the failing. Less significant or one-off breaches may be dealt with through a remediation or a letter of advice. In cases where there has been an intentional breach, system failure or substantial impact then a prescribed fine may be offered, taking into consideration ongoing impacts such as habitat degradation, soil loss, or persistent water quality degradation.
If the offence relates to clearance and conversion of a threatened native vegetation community or clearing trees without authorisation, a section 17 offence, then the impact of the offence and nature of the failing are again primary considerations, but the area of land or amount of timber involved will also typically impact the prescribed fine as will the culpability of the responsible persons.
Where the offence is one that would not ordinarily be authorised under a Forest Practices Plan, such as the clearance and conversion of a threatened native vegetation community, then the offered prescribed fine is generally higher than an offence which would ordinarily be authorised had a plan been applied for.
- The Authority has express statutory responsibilities to monitor compliance and investigate suspected non-compliance, and an express incidental power to do all things necessary or convenient to perform those functions.
Specifically, section 4G(1)(a) expressly makes the Authority “responsible for monitoring the degree of compliance with the Act and the Forest Practices Code.” Remote sensing imagery is commonly used as a form of available information to identify or investigate potential non-compliance and may form part of the evidence for an investigation. The use of remotely sensed imagery, such as imagery available on the Tasmanian government’s List Map, is a lawful means of carrying out the Authority’s statutory functions relating to compliance monitoring and investigation and is widely used by other regulators and in other jurisdictions.
- Entry onto private land is authorised by section 40(1) of the Forest Practices Act. On production of his or her warrant of authorisation, a forest practices officer may at any reasonable time, and with such assistants as the officer considers necessary, enter and remain:
• on land on which forest practices are being carried out, to ensure they are being carried out in accordance with the certified forest practices plan and the Act, section 40(1)(a)
• on land on which, in the officer’s reasonable opinion, forest practices appear to have been carried out, to determine whether they were in fact carried out and, if so, whether they complied with a certified plan and the Act, section 40(1)(ab)
• on land that is a private timber reserve, to ensure the land is being used for establishing forests, growing or harvesting timber or other forest practices, section 40(1)(b).
Section 40(2) of the Act allows an officer, again on production of the warrant of authorisation, to request a person associated with the forest practices to answer questions and produce records relating to those practices.
A number of safeguards apply to the exercise of these powers.
The Act requires that entry occur only at a reasonable time and that the officer produce a warrant of authorisation. In addition, Forest Practices Officers are subject to a Standards of Conduct.
The FPA takes entering land seriously, for both the disturbance and risk it places on the landowner, but also for the safety of the FPA officers.
Prior to entering land, the FPA will make multiple attempts to contact a landowner, including phone calls where phone numbers are available and letters with warrants attached sent by registered mail.
Forest Practices Authority staff are required to follow relevant biosecurity requirements and operational procedures when undertaking field inspections, including measures designed to minimise the risk of spreading pests, weeds or diseases between properties.
Any personal information collected in the course of inspections, investigations or compliance activities is managed in accordance with applicable privacy legislation and government information management requirements.
Information collected is used only for lawful purposes associated with the administration and enforcement of the Forest Practices Act 1985.
Landholders may also raise concerns regarding the conduct of Forest Practices Officers through the Authority’s complaints processes and other available review mechanisms.
- In accordance with section 47B(3) prescribed fines are used for the costs and expenses of the Act, as listed in s. 44(1) or for repairing damage or rehabilitating land to which the offence and the fine relates.
The Authority does not receive income from any penalties imposed by a court.
To manage any perceived conflict of interest associated with receiving prescribed fine revenue, the Authority maintains a separation between compliance and enforcement decision-making and financial management, with oversight provided through independent governance, external audit processes, and public reporting in the Authority’s Annual Report.
- Financial Year Amount
2021-22 $ 214,670.00
2022-23 $ 260,500.00
2023-24 $ 596,140.00
2024-25 $ 96,200.00
2025-26 $ 129,050.00
6. The Forest Practices Authority’s compliance and enforcement activities are subject to established oversight, audit, reporting and review mechanisms that support continuous improvement and accountability within the forest practices system, including the Forest Practices Advisory Council.
The FPA has had components of its investigation procedures reviewed by other regulators and is a member of a professional regulator network which provides information, training and tools for best practice regulation.
The Government is aware of feedback regarding experiences of agricultural land users with the FPA. Recent meetings have been held with TasFarmers, the FPA and other stakeholders to consider feedback from the sector and improvements that can be made to regulation practices. This work is continuing in parallel to broader consultation on the forest practices regulations which is currently underway.
Stakeholders also have the option of raising complaints regarding any experiences of poor regulatory compliance or enforcement practices with the Integrity Commission or the Ombudsman which have the power to independently investigate such claims.
The Government is continuing discussions with stakeholders regarding approaches to ensure that the compliance and enforcement practices of the FPA are contemporary and fit for purpose.