Surrealism in Tasmania’s Forestry Debate

One hundred days has passed since the signing of the Intergovernmental Agreement (IGA) by the Commonwealth and State governments.  Question: Has the IGA stood up to its promise to end the conflict in our forests?  Consider the following matters.

Under the IGA, the two governments agreed to remove UP TO 572,000 hectares of native forest, purported to be high conservation value forest, from active forest management. This is subject to two separate and independent verification reports.

The first report involved the immediate setting aside of 430,000 ha of native forest into informal reserves.   Under the IGA, this is an interim matter only, and is designed to ensure immediate cessation of forest works in 41 coupes UNLESS it can be proven necessary to continue harvesting in these coupes to satisfy existing contractual commitments.  This report was delivered to the government in early October, but has not yet been released.  It should be!  It concludes that FT must have continuing access to at least 25 of these coupes, to ensure that its contractual commitments for sawlog and peeler log supply to domestic timber businesses can be met.

The second report is required by 31 December, and will detail the boundaries of high conservation value forest UP TO 572,000 ha.  This independent committee (chaired by Jonathan West) has been appointed, but it already seems unlikely that this committee will report on time.  This begs the question of what will happen to the timetable set out in the IGA.   Concern has also been raised regarding the impartiality of appointments to the process followed by the committee.

Every talking head chants the mantra of “high conservation value”.  Yet this phrase is meaningless.  Like beauty, it is in the eye of the beholder, and like beauty, it is equally ephemeral. It is without definition, and yet it is held up to be the definitive determinant for the setting up of the boundaries of UP TO 572,000 ha.

Forestry Tasmania has advised both governments that, if such an area is set aside, then it will not be able to meet its continuing, legally contracted supply commitments.  Governments seem incapable of absorbing and responding to this fact.

Gunns announced last year it was getting out of native forest for commercial reasons.  The government has since paid an amount of $23 million to Gunns AND wiped off their $24M debt to FT, whilst paying $11.5 million to FT as compensation.  I am surprised the Federal Minister did not seek has own legal advice regarding these payments..   Compensation should only be paid if the company was adversely affected by a government decision.  This was patently not the case, and in fact there remains an argument that Gunns should have been sued by FT for breach of its take-or-pay contracts.  If Government has that sort of money to throw around, then perhaps they should have considered allocating it to health and human services, where the need is truly great.

A $700 million dollar per year sector of a vital industry is being forced out of business by government, which will then pay an amount of $7 million per year to manage the extra reserves for a period of five years - a pale shadow of the industry’s worth - plus an amount of $120 million over fifteen years for Regional Development projects.  Is this money sufficient recompense? I doubt it!

Under the IGA, $45m has now been released for contractors to exit the industry.  An intriguing scenario to be sure, for Labor governments to be closing workplaces and putting people out of work! 

Money is being paid in compensation before agreement has been reached on the areas to be reserved.  What if no Agreement is reached?  The Legislative Council has already indicated it will oppose details contained within the IGA, including the payment to Gunns and the creation of further reserves.  So it is likely that the agreement will not be ratified anyway. A political imbroglio for sure! 

Is this compensation package a true reflection of the value of the industry to the economy?   A recent paper by Steven Davis of the University of Chicago and Till von Wachter of Columbia University estimates that being laid off costs a typical male worker 11% of his future earnings, in present-value dollars. During a recession, when longer spells of unemployment lead to more loss of human capital, that rises to 19% (as cited in The Economist 29/10/11).

Do the sums! As an example, take 3,500 forestry workers, for half of their 40 year working life, at a wage of $50,000 pa.  The loss of earnings alone is enormous.  

Many people, including the Premier and Prime Minister, have chanted the mantra that changed market conditions have caused the industry to falter.  This is simply not true.  The market is still buying wood product, the sawmillers are selling all they can produce, veneer products continue to find markets, and the overseas markets are still buying product, including woodchips, from Australia.  It is true that Gunns management had difficulties in the offshore market for woodchips, but Gunns is not the industry, and I suspect the market difficulties were more a Gunns issue, as that of industry.

And there are buyers for Gunns’ sawmills.  If the market is as bad as some would have us believe, then what has possessed these people to buy into the business?

Plantations have been mooted as being the answer to the industry’s woes.  If so, what was the question, because all parties know that neither the softwood plantation resource nor the present eucalypt plantation resource can substitute for high value sawn timber from native forests.

And then there is the Triabunna mill site.  Let us not delude ourselves over this matter.  The new owners of the Triabunna mill site did not purchase that site to continue operating a chipmill. After all, the owners boasted at the time of the purchase they were going to close the mill in order to start a tourism venture.

The company has stated it will only allow a certain type of wood to be processed at the site.  So it is obvious the company is playing games.  My bet is that not another woodchip will cross that wharf, and that a new wharf facility will need to be built.  More capital outlay, and an unnecessary one, but industry and government should not be held to ransom by the conditions imposed by the new owners.

The IGA is the culmination of the roundtable process, which was meant to bring all interested parties together, to resolve the forest conflict.  Yet many interest groups have complained that their interests were not represented at the table, and have disowned the process.  Forest conflict continues unabated.

 To emphasise the point, Peg Putt has just returned from a trip to Japan where she has endeavoured to destroy the reputation and the market for Ta Ann, the subject of which was endorsed within the IGA.

To summarise, the IGA has not delivered what it promised.  So many of our fellow Tasmanians have been put out of work.  Our economy has suffered.  Fact continues to play second fiddle to a mantra of emotion and eco-vanity.  The signatories to the IGA have been duped by interests that have been constant in their opposition to the industry.    Such a result is unforgivable, and an indictment on those responsible.

The IGA is perilously close to collapse, no question about it.  So perhaps it is now pertinent to ask “What then?”

 

 

The Gunns Issue

The Government has got itself into a right pickle over the latest forestry deal, and all of its own making.  In fact it would be laughable if there were not so many livelihoods at stake and taxpayers’ dollars at risk.

To understand the present situation, let us go back to last year, when Gunns made its unilateral decision to walk away from native forest harvesting and processing.  At that time it had a number of sawmills and other plant in Tasmania, as well as operations in Western Australia and Victoria.  CEO Greg L’Estrange made the announcement at a forest conference in Victoria last year, soon after Premier Bartlett announced his ill-fated “ROUND TABLE” to end forest conflict for good.

The decision by the company to exit native forests came as a complete surprise to its workforce, to forest contractors dependent on the company for their livelihood, to Forestry Tasmania, with which it had take-or-pay contracts, and to the general citizenry of Tasmania, including its parliamentarians.

L’Estrange gave as his reason “market forces”, and that the demand for his company’s products from native forests had fallen dramatically.  In particular he cited a collapse in the overseas woodchip market as a key driver for his company’s decision.  However, it was also in his company’s interest to exit native forest activity because he could then paint his company in a new light, totally plantation compliant, and thereby more attractive to offshore investors, which had become nervous as a result of an unremitting campaign of sabotage by the Wilderness Society and other conservation groups.

However L‘Estrange has gone much further than representing the narrow interests of his own company.  He has made the point that the entire industry in Tasmania should exit native forests as a matter of some urgency and has taken steps to encourage such a result.  The sale of the woodchip plant at Triabunna, in which conditions were placed on the new owners, is a prime example of this fact.  A most curious deal, considering the price, the buyers and the conditions of sale, where the plant could only be re-opened on the company’s say-so, and subject to “structural change” in the industry.

To me it is of interest that other woodchip suppliers throughout Australia have not been confronted with the same “market conditions” as Gunns, that they have been able to continue to sell their product offshore, and that the market remains strong for other native forest products.  Sawmillers are not complaining about the market.  So to say that market forces have caused a change in the industry is not really true.  The Premier should ensure she is fully briefed on the state of the market for all forest products before buying such a line.

At the time L’Estrange made his announcement to exit native forests, his company held a number of take-or-pay wood supply agreements with Forestry Tasmania.  His decision had nothing to do with any change in government policy  – it was a company decision pure and simple.

Such a decision was reinforced in April this year by a letter from the Gunns Board “handing back” their contracts.  To voluntarily exit the industry suggests walking away from pre-existing commitments, and as such, I suspect there is a good argument for Forestry Tasmania to be seeking recompense from the company for breaching these contractual commitments, and also to extinguish the wood supply agreements with the company.

We now come to the matter of the government signing the Intergovernmental Agreement (IGA) under which compensation monies would be made available by the Commonwealth to pay out forest contactors and sawmillers who wish to voluntarily leave the industry.  Note however that Gunns made its decision long before this time, and as such I suspect should not really be entitled to any compensation.

The company argues it has “residual rights”, but the paramount position is that it had already made its decision to leave.  Such “residual rights”, being an obligation to negotiate in good faith regarding any renewal, but with no obligation to reach any agreement, should be small indeed.  Especially considering it has an outstanding debt to FT of around $25 million.

I, like many others in the community, are now intrigued that the company has its hand out for compensation and that it has to date rejected a government offer to assist it, seeking more.  Intriguing also is the support from the Greens for such a payment to be made, and a question remains in my mind if this is in fact a quid pro quo for the Triabunna deal.  And even more amazing is the seeming approach of the government suggesting it might be prepared to pay an even higher figure than that which has already been offered, and rejected.

And while all this is happening, the forest protests continue.  What peace in our forests?

I can only conclude an extraordinary exhibition of arrogance from this company.  It has been arrogant in its dealings with the local community, with its workforce, with the forest industry generally, with its principal supplier Forestry Tasmania and with the Tasmanian parliament, which has gone the extra mile to encourage the success of its Tamar Valley pulpmill project.

To destroy an entire industry, to ruin the livelihoods of so many people, to place so many rural communities in jeopardy and then seek compensation for doing so, quite takes my breath away.

The Federal Government has promised compensation to forest contractors to exit the industry.  This is a fair cop as Gunns has essentially halved the industry by its unilateral decision.  However, the State Government is being led by the nose.  It should walk away from this deal in its entirety, and revert back to the Regional Forest Agreement, from which this debacle first commenced.