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Proposed laws to stop illegal logging imports too weak to work

By Reece Turner - posted Monday, 2 May 2011


Australia imports around $840million worth of illegal timber products each year. This is sold in the form of outdoor decking, plywood for construction and pulp and paper products. Nearly a quarter of imported outdoor furniture sets come from illegal or suspicious sources.

So there's a pretty good chance that each and every one of us has unwittingly purchased a timber product made from illegally logged timber.

Australia currently has no laws to stop this happening.

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The ALP understood the enormity of this issue when it promised to ban illegal timber imports as part of its 2007 election platform.

It was a popular decision. After all, the rate of illegal logging in our region is amongst the highest in the world.

Illegal logging threatens species like the orang-utan and the Sumatran tiger with extinction and is a major driver of deforestation. Deforestation accounts for up to a fifth of global greenhouse gas emissions – more than world's entire transport sector.

Illegal timber is sometimes blood timber - linked to organised crime and to violent civil wars. It comes mainly from countries with weak governance, where corporate criminals can cause enormous environmental damage with little consequence to themselves.

Labor's pledge was also popular with the timber industry as the trade in illegal timber products undercuts importers and retailers trying to do the right thing.

Popular with the environmentalists and with business, banning illegal timber imports seemed like an obvious move for the government.

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Not so. Over a year and a half later, in early 2009 the Ministry for Agriculture, Fisheries and Forests, Tony Burke was still procrastinating over the legislation.

To move things along, in June 2009, major industry players including Bunnings, IKEA, Fantastic Furniture and Simmonds Lumber answered this concern with a 'Joint Statement' calling for a halt to illegal imports. A3P, Timber Queensland and timber importer Agora followed suit in August.

In December 2009, 11 members of the US Congress wrote directly to Prime Minister Rudd encouraging him to follow through on his election promise and bring in laws similar to the US Lacey Act. The Lacey Act makes it an offence to trade in illegal timber.

In July 2010, Europe, the world's largest timber market, also introduced laws banning the trade in illegal timber.

Case closed? Once again, not so. By the time the federal government went to the polls in August 2010, Labor had still not delivered. However, Minister Burke had developed a stronger stance committing to criminalise illegal timber imports. Greenpeace publicly backed this re-commitment before the 2010 election.

But in March this year, instead of taking the opportunity to create what could be the best laws of their kind in the world, the new Minister for Agriculture, Fisheries and Forestry, Joe Ludwig released a watered down version of Labor's previous commitments.

Before the long-awaited Draft Bill was released, the unusual alliance of major players from the timber industry and environment groups began nutting out the key criteria essential for effective legislation. This resulted in a 'Common Platform', which was sent to Prime Minister Gillard and Minister Ludwig.

The signatories to the 'Common Platform' include IKEA, Bunnings, Kimberly Clark, the Uniting Church, WWF, the Australian Conservation Foundation and Greenpeace. They have called for the inclusion of 10 elements essential for effective legislation, including:

  • A requirement for importers to disclose information at the point of importation

  • Federal government enforcement and monitoring and appropriate penalties

  • Assistance to industry for compliance and assessing the risk of illegal timber imports

  • Harmonisation with other international laws against illegal timber imports

  • Open standing to allow individual citizens and NGOs to take action against illegal timber importers

The signatories have also asked for Government to take the lead by developing a strong procurement policy.

Major pulp and paper products supplier, Kimberly-Clark was particularly concerned: "It is in the interest of Australian businesses that effective measures to stop illegal forest products are brought in and we urge the federal government to include all elements of the Common Platform," said Ross Hearne, General Manager of Corporate Services for Kimberly-Clark.

The Draft Bill is currently being reviewed by the Senate Committee for Rural Affairs and Transport with a report due in late May.

If passed without considerable changes, the Draft Bill will not stop illegal timber ending up in the homes and offices of everyday Australians and will do nothing to stop the devastating impacts illegal logging is having all over the world.

Illegal logging is a crime and these laws are an opportunity for Australia to do its part in stopping it.

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About the Author

Reece Turner is Greenpeace Australia Pacific Forests Campaigner

Creative Commons LicenseThis work is licensed under a Creative Commons License.

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