Bungabbee State Forest is a small state forest between Casino and Lismore in northern NSW. Prior to these recent events from a recreational perspective, it was used by 4WD groups, trail and mountain bike riders, bushwalkers and campers. It was formerly also a working hardwood forest managed by the NSW Forestry Corporation. Small parts of the forest were flagged for logging as recently as late 2020 but these plans were blocked by conservationists.
Location of Bungabbee State Forest
So this was a productive forest being well managed for the benefit of the whole community. Like many forests, a place of work and recreation.
The forest is being handed over to the Wijdabal Native Title Body Corporate as part of a native title settlement (ILUA) negotiated by the previous state Liberal government. After the legal formalities are completed, likely early next year, it will become the private property of that group. There will be no community benefit and a loss of a community recreational asset. Disgracefully, there was no community consultation about the handover.
There will be no public access without the permission of the new owners. As private property, I guess it will be used as the new owners see fit. Perhaps they’ll open it as a 4WD park, perhaps they’ll log the forests or open it up for mining. Perhaps it will just sit there and be unmanaged, become infested with weeds and feral animals and create a bush fire hazard for adjoining properties. Who knows?
We have an inquiry into public access to public lands being run by the NSW Legislative Council at present – I hope they are paying attention to yet another example where public land has been handed over without consulting the people who use it.
It’s yet another example of divisive race politics playing out in the public access space. We’ve seen the public locked out of places they used to be able to visit, from Ayers Rock to Mt Warning, from the Grampians to beaches in Western Australia and a whole lot more. The current NSW Labour government appears committed to hand over every National Park in NSW to Aboriginal Groups and then rent them back. There will be major changes to public access as a result.
Giving people different rights based on their racial background is simply fundamentally, morally wrong. If we keep going Australia will be the country known for a new apartheid (I'd say with the passing of the Victorian Treaty Bill we are already there) – and we know how badly that continues to play out in South Africa. It’s time Native Title and any other race-based legislation was committed to the dust bin of history.
I was interviewed by Andrew Bolt on the issue:
LEGISLATION BRIEFING NOTE
Forestry Amendment (Bungabbee State Forest Revocation) Bill 2025
PURPOSE OF PROPOSAL
The Forestry Amendment (Bungabbee State Forest Revocation) Bill 2025 (the Bill) will amend the Forestry Act 2012 to revoke the State Forest dedication and the declaration of special management zones (SMZ) in Bungabbee State Forest.
This is necessary to facilitate the transfer of the Bungabbee State Forest to the Widjabul Wia-bal Gurrumbil Aboriginal Corporation Registered Native Title Body Corporate (RNTBC) in accordance with a NSW Government obligation under the Widjabul Wia-bal Goori naa Indigenous Land Use Agreement (ILUA) entered into on 19 August 2022.
The amendment Act is proposed to commence on proclamation to allow time for necessary land transfer preparations to occur, including a survey of the Bungabbee State Forest area, prior to the dedication and SMZ declarations being revoked. At this time, the State Forest will become Crown Land and can be transferred. The NSW Government has committed to this transfer occurring by 30 June 2026.
BACKGROUND
On 19 August 2022, the then NSW Government agreed under an ILUA to transfer ownership of the Bungabbee State Forest to Widjabul Wia-bal, the Traditional Owners for Country in part of the northern rivers region of NSW. In May 2024 the NSW Government and the RNTBC agreed the revocation would occur by 30 June 2026.
Bungabbee State Forest is an area of approximately 955 hectares, located north-west of Lismore. The forest includes SMZs, which are declared areas within State Forests where forestry operations are generally prohibited to protect special conservation values.
The State Forest has not been harvested for timber since 2000 and there are no future planned harvests. The forest is small and is not widely accessed by the public for recreational activities. However, it is used for some recreational activities including bush walking, dog walking and horse riding. The forest is not currently accessible to the public via road. Road access was restricted by locked gates about 12 months ago following maintenance to forest roads and earthworks in order to protect the integrity of the road works and prevent damage to surrounding vegetation from unauthorised vehicle access. Hunting has not been authorised in the State Forest area for over 10 years. There are no current apiary permits or grazing leases in the State Forest.
Once the land is transferred it will become private property and there will be no public access to the land without the permission of the owners. NSW Government agencies will engage with local stakeholders in the lead up to the transfer to support community awareness of the transition.
CONTENT OF THE BILL
The Bill will amend the Forestry Act 2012 to revoke the State Forest dedication and the declaration of SMZs within the State Forest.
The Bill clarifies that the land becoming Crown Land doesn’t extinguish any easements over the land and does not affect existing native title rights and interests.
The amendments in the Bill will commence on proclamation. This will enable necessary preparatory steps to occur before the transfer, including the completion of survey work currently underway.
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