❓ A WA parliamentary question on notice scrutinises the Forest Products Commission's (FPC) sandalwood harvesting practices, questioning the lack of royalties, licence conditions, and regeneration obligations, while also exploring potential conflicts with biodiversity conservation and threatened species legislation.
AnsweredQoN 20Legislative Council
QuestionView source ↗
(1) I refer to page 65 of the Forest
Products Commission Annual Report 2023-2024 , where it states, “The Forest Products Commission (FPC) has received the
right to harvest sandalwood in Western Australia for three years in exchange
for no cash or services when licence(s) are issued by Department of Biodiversity, Conservation and Attractions (DBCA) and there are no
conditions to be fulfilled,” and I ask: (a) why does the FPC pay nothing for the right to harvest publicly-owned native
sandalwood from the wild when issued with a right to harvest licence by DBCA; (b) given that other commercial entities exploiting
Western Australia’s (WA) natural resources have to pay a royalty, or some other form of financial
recognition of the value of the resource, why does DBCA or the Government not
require the payment by FPC of a sandalwood royalty or some other commensurate
valuing of a native species; (c) how much in total has DBCA received on behalf of
the public for the licencing of FPC’s native sandalwood harvesting and sales in
each of the past ten years; (d) why are there, as stated by FPC, no licence conditions
from DBCA to be fulfilled by the FPC in relation to wild sandalwood harvesting (for example, the requirement to ensure successful regeneration or to avoid
harvesting operations in particular ecological habitats); (e) if there are any legally binding and enforceable
conditions placed by DBCA on the licences it issues to FPC for native
sandalwood harvesting, what are those conditions; (f) is the FPC legally
obliged to successfully regenerate native sandalwood in the wild as part of its
sandalwood harvesting and supply operations; (g) if yes to (f), where can this obligation to successfully regenerate native sandalwood in the wild be found; (h) in reference to (f), if no such legally binding obligation exists,
why not; (i) are there other commercial licences issued by
DBCA that have no conditions attached to them; and (j) if yes to (i), which ones? (2) According to information provided by DBCA under Freedom of Information (FOI), over the past ten years to 2024, FPC has extracted 9,516.69 tonnes of green
(living) native sandalwood from the wild. Based on harvesting records, tree size
and log specification criteria, and with reference to the answer provided on 23
March 2022 by the Minister for Forestry to question on notice 548, how many mature
and old growth sandalwood trees does this figure represent? (3) Does DBCA licence or otherwise authorise FPC to ‘take’
native sandalwood from the wild, under the Biodiversity Conservation Act ? (4) If no to (3): (a) why does DBCA not licence FPC to take native sandalwood from the wild; (b) does DBCA have legal advice that it is not required to licence the taking of native sandalwood from the wild by FPC; (c) if yes to (b), will the Minister table that advice; and (d) if no to (b), why not? (5) By whom is the decision made that all, or almost
all, of the allowable take of WA native sandalwood from the wild, currently set
under the Sandalwood Order at 2,500 tonnes per annum (green and dead), is to be
allocated to the FPC? (6) In reference to (5), on what basis is this decision made? (7) In reference to (5), is there any legal impediment to allocating all or most of the annual allowable take of native sandalwood from the wild to an entity other than FPC? (8) If yes to (7), what is the legal impediment? (9) Following the listing of WA native sandalwood (Santalum spicatum) as a threatened
species on the International Union for Conservation of Nature (IUCN) Red List in 2021 and the announcement of an assessment of
the status of sandalwood by the Commonwealth Threatened Species Scientific
Committee, what action has DBCA undertaken to assess the conservation status of
native sandalwood in the wild? (10) If native sandalwood were listed as a threatened species under the Commonwealth Environmental Protection and Biodiversity Conservation Act, would that listing automatically prevent any further issuing by DBCA of any authority to take for: (a) commercial purposes; and (b) cultural purposes? (11) If yes to (10), where in the Act is this ban stipulated? (12) If native sandalwood were listed as a threatened species under the WA Biodiversity Conservation Act, would that listing automatically prevent any further issuing by DBCA of any authority to take for: (a) commercial purposes; and (b) cultural purposes? (13) If yes to (12), where in the Act is this ban stipulated? (14) Do any companies, organisations or individuals currently
have authorities (or licences) issued or granted by DBCA for the
commercial and/or cultural taking of species listed under the WA Biodiversity
Conservation Act ? (15) If yes to (14), which threatened species are currently
the subject of authorities to take issued by DBCA?
Products Commission Annual Report 2023-2024 , where it states, “The Forest Products Commission (FPC) has received the
right to harvest sandalwood in Western Australia for three years in exchange
for no cash or services when licence(s) are issued by Department of Biodiversity, Conservation and Attractions (DBCA) and there are no
conditions to be fulfilled,” and I ask: (a) why does the FPC pay nothing for the right to harvest publicly-owned native
sandalwood from the wild when issued with a right to harvest licence by DBCA; (b) given that other commercial entities exploiting
Western Australia’s (WA) natural resources have to pay a royalty, or some other form of financial
recognition of the value of the resource, why does DBCA or the Government not
require the payment by FPC of a sandalwood royalty or some other commensurate
valuing of a native species; (c) how much in total has DBCA received on behalf of
the public for the licencing of FPC’s native sandalwood harvesting and sales in
each of the past ten years; (d) why are there, as stated by FPC, no licence conditions
from DBCA to be fulfilled by the FPC in relation to wild sandalwood harvesting (for example, the requirement to ensure successful regeneration or to avoid
harvesting operations in particular ecological habitats); (e) if there are any legally binding and enforceable
conditions placed by DBCA on the licences it issues to FPC for native
sandalwood harvesting, what are those conditions; (f) is the FPC legally
obliged to successfully regenerate native sandalwood in the wild as part of its
sandalwood harvesting and supply operations; (g) if yes to (f), where can this obligation to successfully regenerate native sandalwood in the wild be found; (h) in reference to (f), if no such legally binding obligation exists,
why not; (i) are there other commercial licences issued by
DBCA that have no conditions attached to them; and (j) if yes to (i), which ones? (2) According to information provided by DBCA under Freedom of Information (FOI), over the past ten years to 2024, FPC has extracted 9,516.69 tonnes of green
(living) native sandalwood from the wild. Based on harvesting records, tree size
and log specification criteria, and with reference to the answer provided on 23
March 2022 by the Minister for Forestry to question on notice 548, how many mature
and old growth sandalwood trees does this figure represent? (3) Does DBCA licence or otherwise authorise FPC to ‘take’
native sandalwood from the wild, under the Biodiversity Conservation Act ? (4) If no to (3): (a) why does DBCA not licence FPC to take native sandalwood from the wild; (b) does DBCA have legal advice that it is not required to licence the taking of native sandalwood from the wild by FPC; (c) if yes to (b), will the Minister table that advice; and (d) if no to (b), why not? (5) By whom is the decision made that all, or almost
all, of the allowable take of WA native sandalwood from the wild, currently set
under the Sandalwood Order at 2,500 tonnes per annum (green and dead), is to be
allocated to the FPC? (6) In reference to (5), on what basis is this decision made? (7) In reference to (5), is there any legal impediment to allocating all or most of the annual allowable take of native sandalwood from the wild to an entity other than FPC? (8) If yes to (7), what is the legal impediment? (9) Following the listing of WA native sandalwood (Santalum spicatum) as a threatened
species on the International Union for Conservation of Nature (IUCN) Red List in 2021 and the announcement of an assessment of
the status of sandalwood by the Commonwealth Threatened Species Scientific
Committee, what action has DBCA undertaken to assess the conservation status of
native sandalwood in the wild? (10) If native sandalwood were listed as a threatened species under the Commonwealth Environmental Protection and Biodiversity Conservation Act, would that listing automatically prevent any further issuing by DBCA of any authority to take for: (a) commercial purposes; and (b) cultural purposes? (11) If yes to (10), where in the Act is this ban stipulated? (12) If native sandalwood were listed as a threatened species under the WA Biodiversity Conservation Act, would that listing automatically prevent any further issuing by DBCA of any authority to take for: (a) commercial purposes; and (b) cultural purposes? (13) If yes to (12), where in the Act is this ban stipulated? (14) Do any companies, organisations or individuals currently
have authorities (or licences) issued or granted by DBCA for the
commercial and/or cultural taking of species listed under the WA Biodiversity
Conservation Act ? (15) If yes to (14), which threatened species are currently
the subject of authorities to take issued by DBCA?
AnswerView source ↗
Answered
20 May 2025
Responded by
Minister for the Environment
Response time
6 days
(1)
(a) The Department of Biodiversity, Conservation and Attractions (DBCA) does not issue the FPC a licence to take sandalwood under the Biodiversity Conservation Act 2016 . FPC’s authority to take timber (including sandalwood) on public land is provided for under the Forest Products Act 2000.
(b) There is no royalty levied for the take of sandalwood in Western Australia under the Biodiversity Conservation Act .
(c) Nil.
(d)-(e) Refer to answer (1)(a).
(f)-(h) This question should be directed to the Minister for Forestry.
(i) No.
(j) Not applicable.
(2) Approximately 320,000 reproductively mature sandalwood trees.
(3) Refer to answer (1)(a).
(4)
(a) Refer to response to (1)(a). Clearing of native vegetation authorised by a production contract issued under the Forest Products Act 2000 meets the criteria of section 51C of the Environmental Protection Act 1986 and is therefore lawful for the purposes of the Biodiversity Conservation Act .
(b) Yes.
(c) No.
(d) Legal advice received by DBCA is subject to legal professional privilege.
(5) A recommended allocation was documented in the Government of Western Australia report entitled ‘ The WA Sandalwood Taskforce, Advancement of Aboriginal Economic Development Using Wild Harvested Sandalwood ’ (reference recommendation 6).
(6) Refer to answer (5).
(7) There must be lawful authority to take sandalwood (other than plantation sandalwood) under State law. Any allocation provided to an entity other than the FPC is at the discretion of the DBCA Chief Executive Officer (CEO) or their delegate and subject to meeting criteria within the ‘ CEO guideline to support the Biodiversity Conservation Regulations Sandalwood Licensing ’ (CEO Guidelines). Clause 13 of the CEO Guidelines states ‘ The CEO will seek to ensure that the quantity of sandalwood that is taken in any financial year, whether authorised by licence issued under the BC Act or by another form of lawful authority, will not exceed the limits in the Sandalwood Order’ .
(8) Refer to answer (7).
(9) The assessment of Santalum spicatum conservation status is being undertaken by the Commonwealth Department of Climate Change, Energy, the Environment and Water (DCCEEW). DBCA has provided scientific information to DCCEEW for this assessment.
(10)
(a) No. Section 40 of the Biodiversity Conservation Act allows authorisation for the taking or disturbance of threatened species.
(b) No.
(11) Not applicable.
(12)
(a) No.
(b) No.
(13) Not applicable.
(14) To date, no authorisations have been granted to take threatened species for a commercial purpose. An Aboriginal person may only take listed threatened species for an Aboriginal Customary Purpose.
(15) Not applicable.
(a) The Department of Biodiversity, Conservation and Attractions (DBCA) does not issue the FPC a licence to take sandalwood under the Biodiversity Conservation Act 2016 . FPC’s authority to take timber (including sandalwood) on public land is provided for under the Forest Products Act 2000.
(b) There is no royalty levied for the take of sandalwood in Western Australia under the Biodiversity Conservation Act .
(c) Nil.
(d)-(e) Refer to answer (1)(a).
(f)-(h) This question should be directed to the Minister for Forestry.
(i) No.
(j) Not applicable.
(2) Approximately 320,000 reproductively mature sandalwood trees.
(3) Refer to answer (1)(a).
(4)
(a) Refer to response to (1)(a). Clearing of native vegetation authorised by a production contract issued under the Forest Products Act 2000 meets the criteria of section 51C of the Environmental Protection Act 1986 and is therefore lawful for the purposes of the Biodiversity Conservation Act .
(b) Yes.
(c) No.
(d) Legal advice received by DBCA is subject to legal professional privilege.
(5) A recommended allocation was documented in the Government of Western Australia report entitled ‘ The WA Sandalwood Taskforce, Advancement of Aboriginal Economic Development Using Wild Harvested Sandalwood ’ (reference recommendation 6).
(6) Refer to answer (5).
(7) There must be lawful authority to take sandalwood (other than plantation sandalwood) under State law. Any allocation provided to an entity other than the FPC is at the discretion of the DBCA Chief Executive Officer (CEO) or their delegate and subject to meeting criteria within the ‘ CEO guideline to support the Biodiversity Conservation Regulations Sandalwood Licensing ’ (CEO Guidelines). Clause 13 of the CEO Guidelines states ‘ The CEO will seek to ensure that the quantity of sandalwood that is taken in any financial year, whether authorised by licence issued under the BC Act or by another form of lawful authority, will not exceed the limits in the Sandalwood Order’ .
(8) Refer to answer (7).
(9) The assessment of Santalum spicatum conservation status is being undertaken by the Commonwealth Department of Climate Change, Energy, the Environment and Water (DCCEEW). DBCA has provided scientific information to DCCEEW for this assessment.
(10)
(a) No. Section 40 of the Biodiversity Conservation Act allows authorisation for the taking or disturbance of threatened species.
(b) No.
(11) Not applicable.
(12)
(a) No.
(b) No.
(13) Not applicable.
(14) To date, no authorisations have been granted to take threatened species for a commercial purpose. An Aboriginal person may only take listed threatened species for an Aboriginal Customary Purpose.
(15) Not applicable.
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