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
.webp)
