Youth crime and crime generally are always good ways to scare rural and regional communities and a scare campaign has been running hot and cold in 2024

 

Youth crime and crime generally are always good ways to scare rural and regional communities and a scare campaign has been running hot and cold since the NSW Bureau of Crime Statistics and Research (BOSCAR) released the state's 2023 December quarter crime statistics.

The National Party members of the NSW Parliament have been beating up these figures and supporting any group who will drink the political Kool-Aid.

On 23 February 2024 the NSW Police Minister Yasmin Catley in Budget Estimates described the Country Mayors Association calls for an inquiry into regional crime as calling for nothing more than a “talkfest”.

By 14 March 2023 the political situation but not the statistics had changed.

TheCountry Mayors Association of NSW has welcomed the NSW Premier’sannouncement that the NSW Government will implement new initiativesto start to address regional youth crime.

The mayors' law and order concerns were somewhat recent given the last annual survey conducted by the CMA saw the 69 rural and regional local governments who answered this survey placing law and order low on their priority lists.

Readers of Murdoch media and local Northern Rivers newspapers may also have noticed the sudden flurry of journalistic and National Party concern about local crime rates.

The Clarence Valley Independent of 13 March 2024 was a case in point:

News of an escalation in youth crime in the Clarence Valley has gone right to the top of the Coffs Clarence Police District, with the Commander, Superintendent Joanne Schultz involved in implementing prevention and intervention strategies to prevent re-offending....

Last month, Member for Clarence, Richie Williamson joined calls by the Country Mayors Association of NSW for the Minns Labor Government to launch a parliamentary inquiry into rural and regional crime, following a spike in crime in the Clarence and Richmond Valley’s.

“The most recent data from the authorities show that youth crime continues to rise, especially for stealing motor vehicles and break and enter offences,” Mr Williamson said.

So what had changed for the Minns Government?

Well, firstly the state electorate is now only six months away from the NSW Local Government elections on Saturday, 14 September 2024 and both incumbent governments and their political opposition like to play the 'laura norder' card in an election year which sees party politics playing a significant but rarely openly stated role in council elections.

Secondly, the NSW Premier has announced new punitive legal measures aimed at youth offenders when it comes to matters like consideration of bail applications and certain increased penalties and, what better way to win support for this move and a policy of "proactive policing" of vulnerable groups than to further demonise young offenders.

Thirdly, a 'helpful' study was released by BOSCAR this month titled "Crime in Regional and Rural NSW in 2023: Trends and Patterns".

While this study openly admitted that in the last 20 years property crime had fallen by 48 per cent in regional NSW, this was seen as deficient because property crime had fallen by 67 per cent in Greater Sydney over the same period and as due to the different rates of decline, in 2023 the rate of recorded property crime was 59 per cent higher in Regional NSW compared to Greater Sydney. A most unfortunate statistical clash.

The study also stated: In 2023 the aggregate rate of recorded violent crime in Regional NSW was equivalent to the recorded rate in 2004. In Greater Sydney, however, violent crime declined significantly in the two decades to 2023 (down 20% from 2004 to 2023). The long-term decline in violence in Sydney and relative stability in Regional NSW has increased the disparity between the rate of violent crime in the regions versus the capital city. In 2023 the rate of recorded violent crime was 57% higher in Regional NSW compared with Greater Sydney.

Leaving a distinct impression that the comparisons being made are beginning to resemble the apple and orange variety and are unhelpful to anyone except state and local government politicians on the make in a local council election year.

The icing on the cake was the following paragraph, which totalled five years of crime statistics to achieve impressive numbers which are broken down in red annotations:

Four major offences, however, significantly increased in Regional NSW over the five years from 2019

to 2023:

o Motor vehicle theft (up 20% or 1,239 additional incidents) An est. average increase of 248 offences per year across 95 regional local government areas. In this category and unspecified number of youth offenders are alleged to be found.

o Non-domestic assault (up 14% or 1,825 additional incidents) An est. average increase of 365 offences per year across 95 regional local government areas. On a yearly average est. 204 were youth offenders.

o Sexual assault (up 47% or 1,505 additional incidents) An est. average increase of 301 offences per year across 95 regional local government areas. In this category it is solely adult offending.

o Domestic violence related assault (up 24% or additional incidents)

An est. average increase of 659 offences per year across 95 regional local government areas. On a yearly average est. 86 were youth offenders.

For those interested BOSCAR released a set of graphs which breakdown the trends into more specific crime categories at:

https://www.bocsar.nsw.gov.au/Publication%20Supporting%20Documents/RCS-quarterly/Supplementary%20charts%20-%20Recorded%20Crime%20Charts%202019%20to%202023.pdf

As for "stealing motor vehicles and break and enter offences" the Nationals MLA for Clarence points to in relation to youth crime, BOSCAR data for January to December 2023 show NSW Police proceeded against a total of 27 vehicle thefts in the Clarence Valley LGA, with 9 of these thefts alleged to be by young offenders aged between 10-17 years of age. While break and enter offences proceeded against totalled 33 offences, with 9 of these break and enters alleged to be by young offenders aged between 10-17 years of age.

As for motor vehicle theft and break and enter statistics for the Coffs Clarence Police District, BOSCAR shows Coffs-Grafton statistical district was considered "stable' over the last five years. With the change in motor vehicle theft being +113 thefts between 2019 and 2023 totals. While break and enter dwelling fell by -145 incidents and break and enter non-dwelling fell by -9 incidents between 2019 and 2023 totals.

From a personal perspective - yes let's all insist on higher numbers of police in all regional areas to improve crime clear up rates and because police are often spread thin on the ground during emergencies and, in the Northern Rivers region in particular we now have such events far too often.

However, does the desire to have more police in our towns mean that we need to endorse a more punitive response to young offenders by a state government and its police force?

ABC News, 18 March 2024:

Some of the country's top legal and criminal justice experts have written to NSW Premier Chris Minns about proposed bail changes. Sixty organisations signed the letter, including the Aboriginal Legal Service and the Sydney Institute of Criminology....

Amnesty International, Save the Children and the Human Rights Law Centre are also signatories to the letter, which states the premier's bail changes will "make crime worse in regional communities, not better".

"Your new policy to increase youth incarceration is a betrayal of your Closing the Gap commitments," they tell the premier....

NSW Minister for Finance Courtney Houssos has written to 128 councils urging those who use ticketless parking fines to address shortcoming in their approach. Requests councils to provide an on the spot, written notification to drivers

 

9 News, 11 March 2024

ECHO, 11 March 2024:

The days of receiving ticketless council parking fines in NSW are to end thanks to new directions from the Labor state government.

Half of all fines processed by Revenue NSW are reportedly council parking fines, with 48 councils issuing ticketless fines including the Tweed, Ballina and Lismore local government areas (LGAs).

Some councils have abandoned the use of on-the-spot paper fines altogether.

The former coalition state government introduced the ticketless scheme as a trial in May 2020 before expanding it to more councils in December 2020.

Local governments included in the scheme can lodge parking infringements directly with Revenue NSW, along with photographic evidence, rather than by leaving a ticket on the offending car.

Drivers are in most cases unaware they’ve received a fine until it arrives by mail or the Service NSW app.

NSW Minister for Finance Courtney Houssos says the scheme has eroded trust in the state’s parking fine system.

Minister pushes for photographic evidence in parking fines

The minister on Sunday issued a media release saying she’d written to all 128 councils across the state asking them to return to the practice of issuing on-the-spot written notifications, such as small pre-printed cards left on the windscreen.

While leaving a note isn’t mandatory under state regulations, the minister says drivers who know they’ve been booked may want to collect evidence such as photos and details of where they parked in case they want to seek a review.

‘This note does not necessarily need to form part of the infringement notice but at a minimum it should inform the driver they will soon receive an infringement notice via post or the Service NSW app,’ Ms Houssos wrote in her letter, included in Sunday’s media release.

The minister also requested councils using ticketless fines to review processes to make sure photographic evidence is captured and sent to Revenue NSW.

Lismore council issues nearly $130K in ticketless parking fines

Concerns were also raised about the timeliness of notifications to drivers, with some people said to have received multiple ticketless fines before being told.

The scheme is further accused of having a reduced impact in terms of immediate parking offence deterrence and driver behaviour influence.

On the Northern Rivers, the Lismore City Council is recorded as issuing the most ticketless parking fines in 2023 at 898, followed by the Ballina Shire Council at 473 and the Tweed Shire Council at two.

Ticketless fines in the Lismore LGA were valued at more than $127,000.

The local figures paled in comparison to some metropolitan councils, where fines in the tens of thousands were recorded.

The North Sydney Council issued 52,251 ticketless fines, for example.

The Byron Shire Council wasn’t included in the list.....

NSW Government, Minister for Finance, 10 March 2024 media release at:

https://www.nsw.gov.au/media-releases/ticketless-parking-fines-must-meet-community-expectations

Does NSW Premier Chris Minns, his Environment Minister Penny Sharpe or Agricultural Minister Tara Moriarty ever wonder just whose interests the forestry brands that lobby them conceal from view?

“Put the foresters back in charge of the forests.” 

Malcolm David McComb, Pentarch Group, quoted in The Monthly, November 2020

According to the 'privately-owned' Melbourne-based PENTARCH GROUP it commenced business in 1984, combining the expertise of five individuals with diverse commercial backgrounds. In the early 1990s, the group’s primary focus was on three key businesses - representing major international manufacturers of military hardware, exporting containerised hay to Japan, and exporting softwood logs to South Korea - through its Industrial, Forestry and Agricultural divisions.

By 2019 the Group was managing over 8,000ha of land - with est. 30 per cent of the defined forest area being native forest. 

That year NSW Deputy Premier and Minister responsible for Forestry John Barilaro announced Pentarch Logistics Pty Ltd was receiving a $3 million grant to drive innovation and technology advancements in the NSW forestry industry.

In August 2021 the Group purchased the assets of Dormit Pty Ltd which operated two sawmills and associated operations located at Dandenong South and Swifts Creek in Victoria. That same year Boral divested its timber business to the Group in October 2021. Allen Taylor & Company, Duncan’s Holdings and their subsidiaries (collectively known as Boral Timber) now trade under the brand Pentarch Forestry. This acquisition saw Pentarch add eight sawmills, including part ownership of the Highland Pine mill at Oberon, to allegedly become the largest hardwood processor in NSW.

Pentarch Forestry exports in excess of 800,000tn per annum of plantation softwood and hardwood from Australian and New Zealand ports. This division is actively involved in forestry harvesting and haulage; port logistics including marshalling, storage and stevedoring; and international marketing and shipping.

These days its forestry division boasts that its key woodchip and logs export destinations are; China, India, Japan, Korea and the Middle East. While its sawn timbers are listed as being sourced from; Malaysia, New Zealand and Australia. 

By 2022 the Pentarch Group operated 20 sites nationally with a high concentration of timber mills in NSW.

The Pentarch Group clearly states:

Timber sustainably sourced from our native forests is our most valuable and precious resource and Pentarch Forestry™ takes pride in finding ways to better use every part of that resource.

In particular Pentarch Forestry harvests Tasmanian hardwood logs from the north-west of that state and timber from native forests (including privately-owned native forest) on land around Nungatta, Mila & Delegate in NSW, as well as from Combienbar, Murrangower & Bendoc in Victoria and, apparently sees itself as helping to protect and manage a large permanent native forest estate.

[Mapping at https://pentarchforestry.com.au/sustainability-environment/sustainable-forest-management/]

The Group's milled native timber is ending up as everything from solid timber floor boards through to mass produced wooden pallets for industry and woodchips as a secondary product.

Its offices can be found at 18 different locations across five states. [See list & details at end of this post]

In its April 2022 submission to the NSW Legislative Council's INQUIRY INTO LONG TERM SUSTAINABILITY AND FUTURE OF THE TIMBER AND FOREST PRODUCTS INDUSTRY, Pentarch advocated for the permanent retention of multiuse State Forest. Also expressing a sense of frustration that the forestry industry had not been allowed carte blanche to clear the 2019-20 native forest fire grounds of all suitable timber. Apparently a firm believer in a forest restoration harvesting process. Leaving this reader with the suspicion that the Pentarch Group belongs to the 'lets keep the forest floor tidy' brigade.

2022 was also the year that Pentarch Forestry Pty Ltd had  its Forest Stewardship Council (FSC) sustainability certification (first obtained in 2017) suspended when a renewal audit found that Pentarch’s due diligence system was out of date, regrowth native forest and plantation wood were at risk of being mixed together, and threatened species assessments were not being done.

Prime Minister Scott Morrison & Chairman Pentarch Group Malcolm McComb. IMAGE: Merimbula News Weekly, 23 June 2020

Despite the apparent ease of access to political decision makers large forestry corporations appear to enjoy at federal & state government level, this apparently doesn't satisfy all in the industry that their voices are the loudest. 

The Pentarch Group chairman also reportedly co-founded Forest and Wood Communities Australia which has a dedicated website, a Facebook page and an X/Twitter account with the less than subtle principal aim of pushing back against so-called "environmental extremists", "ideological idiocy", criticising the Victorian Government and pressuring the NSW Minns Labor Government. The social media accounts in particular have a tendency to mislead.

The faces fronting the Pentarch Group are on display at:

http://www.pentarch.com.au/pentarch_team.html.

However, the principal corporations in this group are very careful to conceal shareholder identities - all shares in the following three registered companies are beneficially held by the companies on behalf of unnamed individuals/corporations.

Although it is not hard to imagine that the Sedger, McComb, Yuncken, Cuthbertson and Dadd families might properly feature heavily on the shareholder list - along with a discreet number of self-managed super funds, investment entities and trusts. It is also not hard to imagine that the 'hidden' nature of such shareholder lists might potentially contain conflicts of interest for state and local governments dealing with the forestry industry.

It is noted that the Minister for Climate Change, Minister for Energy, Minister for Environment and Minister for Heritage, Minister for Agriculture, Minister for Regional NSW and Minister for Western NSW and the NSW Treasurer were meeting in 2023 with members of the forestry industry concerning what was loosely described as "forestry industry reform" and "forestry matters".

~~~~~~~~~~

PENTARCH GROUP PTY LTD

ACN: 064 165 635

ABN: 21064165635

Registered in: Victoria

Registration date: 31/03/1994

Registered address & principal place of business:

'Kings Garden Estate' Level 1, 99 Coventry Street,

SOUTHBANK VIC 3006

Directors:

MALCOLM DAVID MCCOMB (Victoria)

IAN KENNETH SEDGER (Victoria)

SIMON JOHN YUNCKEN (Victoria)

FRASER JEFFREY CUTHBERTSON (Victoria)

STEPHEN GORDON DADD (NSW)

Company Secretary:

SIMON JOHN YUNCKEN

Shares issued:

Ordinary Shares - 1,438 Fully Paid

• 838 Beneficially held by: TIMBER AUDITS & TECHNOLOGY PTY LTD

• 600 Beneficially held by: PENTARCH GROUP PTY LTD

Current roles in the following organisations:

PENTARCH PERMACULTURE & CARBON PTY LTD

ACN: 661 995 035

ABN: 98661995035

Address: Unknown

OCEAN2EARTH PTY LTD

ACN: 663 110 629

ABN: 71663110629

Address: Unknown

Current shares and interests in:

*675,000 CLASS I SHARES & 1,125,000 CLASS

N_SHARES Fully Paid

Beneficially held by: SOUTH EAST FIBRE EXPORTS PTY LTD

ACN: 000 604 795

ABN: 85000604795

Address: Unit 1, 250 Charman Road, CHELTENHAM VIC 3192

*600 Ordinary Shares Fully Paid

Beneficially held by: PENTARCH HOLDINGS PTY. LTD

ACN: 064 165 635

ABN: 21064165635

Address: Level 1, 99 Coventry Street, SOUTHBANK VIC 3006

*96,000 Ordinary Shares Fully Paid

Beneficially held by: ALLIED NATURAL WOOD ENTERPRISES PTY LTD

ACN: 607 144 089

ABN: 65607144089

Address: Jews Head Edrom Road, EDEN NSW 2551

*96,000 Ordinary Shares Fully Paid

Beneficially held by: SAPPHIRE FORESTS PTY LTD

ACN: 607 256 780

ABN: 85607256780

Address: Jews Head Edrom Road, EDEN NSW 2551

*10,000 Ordinary Shares Fully Paid

Beneficially held by: ALLIED NATURAL WOOD EXPORTS (TAS) PTY LTD

ACN: 619 876 345

ABN: 23619876345

Address: Jews Head, EDROM NSW 2551

*1,000 Ordinary Shares Fully Paid

Beneficially held by: FORESTS IN PERPETUITY PTY LTD

ACN: 639 068 732

ABN: 84639068732

Address: Level 1, 99 Coventry Street, SOUTHBANK VIC 3006

*73,740 Ordinary Shares Fully Paid

Beneficially held by: TIMBER AUDITS & TECHNOLOGY PTY LTD

ACN: 094 390 271

ABN: 88094390271

Address: 'Kings Garden Estate' Level 1, 99 Coventry Street, SOUTHBANK VIC 3006

*10,000 Ordinary Shares Fully Paid

Beneficially held by: PENTARCH PERMACULTURE & CARBON PTY LTD

ACN: 661 995 035

ABN: 98661995035

Address: Level 1, 99 Coventry Street, SOUTHBANK VIC 3006

~~~~~~~~~~

PENTARCH HOLDINGS PTY. LTD

ACN: 064 165 635

ABN: 21064165635

Registered in: Victoria

Registration date: 31/03/1994

Registered address & principal place of business:

'Kings Garden Estate' Level 1, 99 Coventry Street,

SOUTHBANK VIC 3006

Directors:

MALCOLM DAVID MCCOMB (Victoria)

IAN KENNETH SEDGER (Victoria)

SIMON JOHN YUNCKEN (Victoria)

FRASER JEFFREY CUTHBERTSON (Victoria)

STEPHEN GORDON DADD (NSW)

Company Secretary:

SIMON JOHN YUNCKEN

Shares issued:

Ordinary Shares - 1,438 Fully Paid

• 838 Beneficially Held by: TIMBER AUDITS & TECHNOLOGY PTY LTD

• 600 Beneficially Held by: PENTARCH GROUP PTY LTD

Ultimate holding company for:

PENTARCH FOREST PRODUCTS PTY LTD

ACN: 059 465 879

ABN: 57059465879

Address: Level 2, 121-123 High Street, PRAHRAN VIC 3181

ARI LEASING PTY. LTD

ACN: 072 963 798

ABN: 77072963798

Address: Unknown

PENTARCH LOGISTICS PTY LTD

ACN: 075 432 254

ABN: 99075432254

Address: Level 2, 121-123 High Street, PRAHRAN VIC 3181

PENTARCH AGRICULTURAL PTY LTD

ACN: 101 274 613

ABN: 45101274613

Address: "KINGS GARDEN ESTATE", Level 1, 99 Coventry

Street, SOUTH MELBOURNE VIC 3205

SAPPHIRE HAULAGE PTY LTD

ACN: 132 292 436

ABN: 55132292436

Address: Unknown

NARROGIN HAY PTY LTD

ACN: 104 157 593

ABN: 73104157593

Address: 'Kings Garden Estate' Level 1, 99 Coventry Street, SOUTHBANK VIC 3006

PENTARCH STEVEDORING PTY LTD

ACN: 108 439 185

ABN: 53108439185

Address: 'Kings Garden Estate' Level 1, 99 Coventry Street, SOUTHBANK VIC 3006

MALLEE HAY PTY LTD

ACN: 123 956 089

ABN: 78123956089

Address: 'Kings Garden Estate' Level 1, 99 Coventry Street, SOUTHBANK VIC 3006

PENTARCH FARMS PTY LTD

ACN: 123 956 105

ABN: 97123956105

Address: 'Kings Garden Estate' Level 1, 99 Coventry Street, SOUTHBANK VIC 3006

~~~~~~~~~~

TIMBER AUDITS & TECHNOLOGY PTY LTD

ACN: 094 390 271

ABN: 88094390271

Registered in: Victoria

Registration date: 06/09/2000

Registered address & principal place of business:

Registered address: 'Kings Garden Estate' Level 1, 99 Coventry Street, SOUTHBANK VIC 3006

Directors:

MALCOLM DAVID MCCOMB (Victoria)

IAN KENNETH SEDGER (Victoria)

SIMON JOHN YUNCKEN (Victoria)

Company Secretary:

SIMON JOHN YUNCKEN

Shares issued:

Ordinary Shares - 73,740 Fully Paid

Beneficially held by: PENTARCH GROUP PTY LTD

~~~~~~~~~~

Pentarch Group offices current as of 17.02.24:

TASMANIA

Massy Greene Drive

South Burnie, Tas, 7320

PO Box 3033

Ph: 03 6430 7333

VICTORIA

Level 1, 99 Coventry Street

Southbank, Vic, 3006

Ph: 03 9621 7900

Great Alpine Road,

Swifts Creek, Vic, 3896

Ph: 03 5159 4438

98 Indian Drive

Keysborough, Vic, 3173

Ph: 1800 818 317

96-106 Ordish Road,

Dandenong, Vic, 3175

Ph: 03 9706 5744

QUEENSLAND

838 Nudgee Road

Northgate, Qld, 4013

Ph: 1800 818 317

Suite 12 Level 1,

84 Wises Road

Maroochydore, Qld, 4558

PO Box 5561

Ph: 1800 818 317

SOUTH AUSTRALIA

176-178 Magill Road

Norwood, SA, 5067

Ph: 1800 818 317

NEW SOUTH WALES

Eden Log Export Facility

Lot 2, Edrom Road

Eden, NSW, 2551

Ph: 02 6496 0252

Eden, NSW

Eden Chip Export Terminal

Edrom Road, Jews Head

Eden, NSW, 2551

Ph: 02 6496 0222

420 Herons Creek Road

Herons Creek, NSW, 2443

Ph: 02 6585 7188

43 Mill Road

Koolkhan, NSW, 2460

PO Box 437

Ph: 02 6644 7280

13056 Summerland Way

Kyogle, NSW, 2474

PO Box 187

Ph: 02 6632 1866

148 Tweed Valley Way

Murwillumbah, NSW, 2484

PO Box 56

Ph: 02 6670 8700

6016/6018 Princess Highway

Narooma, NSW, 2546

PO Box 75

Ph: 02 4476 7908

Unit D1, Regents Park Estate

391 Park Road

Regents Park, NSW, 2143

Ph: 1800 818 317

50 BTU Road

South Nowra, NSW, 2541

PO Box 5014

Ph: 02 4447 8262

PRINCIPAL SOURCES:

• ASIC company extracts retrieved 16.02.24
• The Pentarch Group website at http://www.pentarch.com.au/

• Industry news media
• Submission 233, NSW Legislative Council Inquiry into Long term sustainability and future of the timber and forests products industry. 
• Pentarch Forestry, Forestry Management Plan, September 2019.
• NSW Government, 2023 Ministers' Diary Disclosures at https://www.nsw.gov.au/departments-and-agencies/the-cabinet-office/access-to-information/ministers-diary-disclosures/2023
• The New Bush Telegraph, NSW Biggest Native Forest Logger Loses Sustainability Certification, 10 September 2022.
• Michael West Independent Media, Big logging company Pentarch pinged for shifty forestry practices, 7 September 2022.
• Forest and Wood Communities Australia at https://fwca.org.au/news/  https://twitter.com/woodcommunities & https://www.facebook.com/WoodCommunities/

Less than a year into its first term in office is the NSW Minns Labor Government shaping up to be just another environmental vandal?

In late December 2023 two matters were obvious. Firstly, even a cursory look at Forestry Corporation of NSW's collection of penalty notices, warnings and secondly adverse judgments indicated the list was growing longer [see Background] and secondly, its corporate business losses remained a drain on the NSW state treasury with annual financial statement showing est. $15 million loss on native hardwood timber operations in 2022-23, following est. $9 million loss in 2021-22 and est. &19.1 million loss in 2020-21 [based on Forestry NSW annual reports].

Something had to give and the NSW Government has obviously decided it wasn't going to be the logging practices of Forestry NSW.

I rather suspect (bearing in mind Coastal IFOA conditions can only be amended jointly by the Minister for the Environment and the Minister for Agriculture) that both the Premier and the timber industry may have decided that the current Minister for Agriculture, Minister for Regional NSW and Minister for Western NSW was the politician to target - 2023 being her first time in any ministerial position and her previous five shadow portfolios since May 2019 having nothing to do with either agriculture or forestry and little to do with regional NSW.

In the second half of 2023 this minister was directly involved in nine meeting concerning "forestry matters".

• MEETING NUMBER ONE 20.07.23: Minister Moriaty & Australian Climate and Biodiversity Foundation, University of Melbourne Business School, Australian Workers’ Union, CFMEU Manufacturing Division, Treasurer Mookhey, [Environment] Minister Sharpe re "Forestry matters".

After that in no particular occurrence order, meeting parties were:

• Minister Moriaty & CFMEU;

• Minister Moriaty & ForestWorks;

• Minister Moriaty & Australian Forest Products Association;

• Minister Moriaty & M&M Timbers, Greensill Bros, Mark Banasiak MLC [Shooters, Fishers and Farmers Party];

• Minister Moriaty & Australian Forest Products Association, The Pentarch Group;

• Minister Moriaty & E Fitzpatrick & T Lions, Fitzpatrick and Co, Client – Timber NSW;

• Minister Moriaty & Pentarch Group, Dr Michael Holland MP [ALP]

• Minister Moriaty & South Coast Timbers, Dr Michael Holland MP [ALP].

Whereas the Minister for Climate Change, Minister for Energy, Minister for Environment and Minister for Heritage's meeting schedule for the same period shows a more limited interest in forestry issues and one suspects that she may have passed the buck after that 20 July 2023 meeting.

• MEETING NUMBER ONE 20.07.2023: Joint meeting Minister Sharpe & Moriarty, Mookhey with Australian Climate & Biodiversity Foundation, Uni Melb Business School, AWU, CFMEU re "Forestry industry reform".

• Minister Sharpe & North East Forest Alliance re Forestry & GKNP;

• Minister Sharpe & Hurford Group - re Private Forestry.

This ministerial sharing arrangement appears to indicate the city-centric Minns Labor Government is holding fast to the fallacies surrounding its native timber industry as Forestry Corporation NSW losses mount and the timber industry lobby groups become a persistent earworm.

It is noted that Environmental Protection Agency (EPA), as part of the NSW Government Planning and Environment Cluster sitting in the portfolio of the Minister for Environment and Heritage, did not have a seat at the table during any of these meetings and yet it appears to have been the vehicle used to introduce further reductions in levels of protection for native wildlife in state forests.

Sadly, the following media releases demonstrate why and how, what native hardwood forests remain within state forests are about to become the government-endorsed playground of an out-of-control Forestry Corporation NSW.

NSW EPA, media release, 2 February 2024:

New protections for endangered southern greater gliders

02 February 2024

Endangered Southern Greater Gliders across the east coast of NSW will be better protected under NSW Environment Protection Authority (EPA) amendments to forestry rules that will protect more hollow-bearing trees in operations where gliders are present.

From 9 February, changes to the Coastal Integrated Forestry Operations Approval (CIFOA) protocols will come into effect, requiring Forestry Corporation of NSW (FCNSW) to meet new protection requirements for southern greater gliders.

EPA Chief Executive Officer, Tony Chappel said the change was a significant step-forward in the long-term protection of gliders as well as other native animals reliant on hollow-bearing trees such as possums, owls and parrots.

“This change means that instead of depending on unreliable point in time surveys to find the habitat of the gliders, we will assume the species is present and conserve their habitat,” Mr Chappel said.

“This ensures the critical habitats of some of our most endangered and much-loved native animals are protected.

“We have reviewed extensive research, sought expert views and believe this change strikes the right balance, resulting in significant ecological and regulatory improvement to the current arrangements.

“We have also consulted FCNSW to ensure any potential timber supply impacts are known and managed.

“If non-compliances with these new conditions are found, the EPA will not hesitate to take appropriate regulatory action to ensure greater gliders are being protected in forestry operations.”

The changes can be found on the EPA website here

The new CIFOA requirements include:

• A 50-metre exclusion zone around known recorded locations of greater glider dens.

• Protection of extra greater glider trees in addition to existing hollow bearing and giant tree requirements:

*Six trees per hectare greater than 80cm in diameter in high greater glider density areas, in addition to the eight hollow bearing trees currently required to be protected.

*Four trees per hectare greater than 50cm in diameter in lower density areas, in addition to the eight hollow bearing trees currently required to be protected.

*The retention of additional hollows and future hollow-bearing trees in areas where greater gliders are less likely to occur.

• Greater glider trees must prioritise hollows (especially ones with evidence of use) where they exist.

• Undertaking of a monitoring program to ensure the ongoing effectiveness of these new rules for greater gliders.

A new map that shows where these different greater glider areas occur.

World Wildlife Fund Australia, news release, 2 February 2024:

Conservation groups outraged; scientists not consulted

The NSW Environment Protection Authority will no longer require Forestry Corp to search for and identify the den trees of endangered greater gliders before logging operations.

Instead Forestry Corp will be required to protect just six extra trees per hectare, greater than 80cm, in addition to the existing requirement to protect eight hollow-bearing trees.

“I’m shocked, this is a huge step backwards. Decisions like this will hurtle this species much more rapidly towards extinction. The EPA executive is abdicating its responsibility to protect threatened species,” said Dr Kita Ashman, Threatened Species & Climate Adaptation Ecologist, WWF Australia.

The issue of greater glider den trees came to a head when Forestry Corp bulldozed thousands of trees in Tallaganda State Forest, one of the last greater glider strongholds.

Last August the EPA launched an investigation saying it had no confidence Forestry Corp had properly searched for den trees and protected them with 50 metre exclusion zones, as the government-owned corporation was required to do.

Now the EPA has removed the requirement that Forestry Corp search for den trees.

“Eminent greater glider scientists were not consulted about these changes. We need a fundamental shift in how forests are managed if greater gliders are to survive. The EPA needs to take leadership and improve forestry rules to better protect greater gliders and all threatened species,” said Wilderness Australia Operations Manager Andrew Wong.

“Known greater glider den trees will still be protected with exclusion zones. But who’s going to identify them if there’s no requirement for Forestry Corp to do it. That job will be left to citizen scientists but it’s unclear whether they’ll be legally able to access logging areas before they’re bulldozed. This is a complete mess,” said South East Forest Rescue Coordinator Scott Daines.

[my yellow highlighting]

NSW EPA, media release, 9 February 2024:

Forestry protocol

09 February 2024

The commencement of the Coastal Integrated Forestry Operations Approval (CIFOA) protocol and the site-specific biodiversity condition for greater gliders will be postponed by a week.

Last week, we announced changes to the protocol which will have an important role in protecting hollow bearing trees.

We have been consulting with stakeholders and considering their feedback to ensure we find the most appropriate way to address concerns while achieving long-term protections for this endangered species.

Existing requirements remain in force during this period and we will not hesitate to take regulatory action, including stop work orders, where we think there will be non-compliance.

Until the protocol and site-specific biodiversity conditions are finalised, we will treat all glider habitat forests as high risk.

We want to thank all stakeholders for working with us as we refine these changes.

BACKGROUND

A brief look at the history of Forestry NSW warnings, penalties.........

NSW Environmental Protection Agency (NSWEPA), media release, 22 December 2023:

Forestry Corporation ordered to pay $104,000

22 December 2023

Forestry Corporation of NSW (FCNSW) is required to pay more than $100,000 after illegally felling hollow bearing trees in Mogo State Forest on the South Coast in March 2020.

The sentence was handed down after FCNSW challenged one of three $15,000 penalty infringement notices issued by the NSW Environment Protection Authority (EPA), for breaching site-specific operating conditions following the damaging 2019/20 black summer bushfires.

Under these conditions, FCNSW was required to permanently retain all hollow-bearing trees to prevent the loss of habitat for hollow-dependent species.

Following the challenge, FCNSW was found guilty of the offence under the Forestry Act 2012 in Bega Local Court in November 2023. The Magistrate was satisfied all four trees had visible hollows before they were cut down.

The sentence was delivered in Batemans Bay Local Court yesterday, convicting FCNSW and ordering them to pay a fine of $20,000 and $84,340 to the EPA as legal costs.

EPA Executive Director of Regulatory Operations Jason Gordon welcomed the sentence and said the court’s decision supports the EPA’s position that the visibility of tree hollows must be assessed broadly, and requires scrutiny from several different angles.

“All hollow-bearing trees, living or dead, are important because they provide vital habitat for endangered and native species,” Mr Gordon said.

“They can take decades to naturally form and provide a necessary refuge for animals from the weather and predators, as well as safe sites for roosting and breeding.

“Any decrease in the availability and variety of tree hollows can lead to a significant loss of species diversity and abundance.

“This outcome is a great result for the EPA and signifies the care needed when conducting forestry operations to comply with conditions and ensure homes for our wildlife are protected.”

In sentencing, the Magistrate said there’s no reason for a casual approach to environmental protection and the community views environmental offences as extremely serious.

The Magistrate required FCNSW to publicise the offence and the orders made against it in the Sydney Morning Herald and the Bay Post/ Moruya Examiner which would send a clear message of deterrence.

A partial list of Forestry Corporation NSW ( FCNSW) penalty notices and prosecutions July 2018 to June 2022:

Jun 2022 — EPA fines FCNSW — $15,000 for allegedly failing to comply with post-fire conditions South Brooman State Forest.

Jun 2022 — EPA prosecutes FCNSW for alleged breaches of post-fire conditions at Yambulla State Forest, near Eden after the 2019/20 bushfires.

Jun 2022 — EPA prosecutes FCNSW — $135,600 + 150,000 in legal costs — fines and costs totalling $285,600 have been levelled against FCNSW after the Land and Environment Court found tree felling in exclusion zones had done “actual harm” to koala habitat — Wild Cattle Creek State Forest on Dorrigo Plateau.

Apr 2022 — EPA penalty infrigement notice to FCNSW — $45,000 — felling hollow bearing trees across three areas — Mogo State Forest  

Feb 2021 — EPA penalty infrigement notice to FCNSW — $15,000 — failed to mark a riparian exclusion zone boundary, contrary to the requirements of the Integrated Forestry Operations Approval held by FCNSW — Olney State Forest  

Feb 2021 — EPA issued two penalty notices and one official caution to FCNSW —  $30,000 —  inspections of the area following a harvesting operation identified 10 freshly cut mature trees within the hard and soft protection zones of a second order stream; a significant amount of debris pushed into a stream bed; and evidence of machine access, and earthworks caused by harvesting machinery within a protected zone — Ballengarra State Forest  

Mar 2021 — EPA two penalty notices three official cautions — $33,000 — notices: for allegedly not including the critically endangered Swift Parrot records in planning for operations, and cautions: an alleged failure by FCNSW to mark-up eucalypt feed trees, an essential source of food for the birds, prior to harvesting  — Boyne, Bodalla and Mogo state forests  

Apr 2020 — EPA penalty notice —  $31,100 —  three alleged offences —  state forests Tantawangalo (not marking an adequate number of trees for retention and not marking the boundary of an environmentally sensitive area as an exclusion zone, required to protect the habitat of the Powerful Owl) and Bago (not marking an adequate number of habitat trees that needed to be retained).

Apr 2019 — $16,500 — failed to implement the required protections for the rare threatened plant despite knowing of its location — Gibberagee State Forest

July 2018 — $30,000 — breaching their environment protection licence and causing water pollution — Gladstone State Forest