Showing posts with label state forests. Show all posts
Showing posts with label state forests. Show all posts

Wednesday 17 January 2024

Two aggressive loggers get off with a rap over the knuckles for violently assaulting two community members

 

It was two arrests and two court judgments long delayed - with little in the way of deterrence at the end of proceedings.


News of the Area, 25 June 2023:


Two men appeared in Coffs Harbour Local Court on June 14 in relation to an incident in Wild Cattle Creek State Forest in June 2020.


Michael Luigi Vitali from South Grafton is charged with common assault against local ecologist Mark Graham.


Grafton man Rodney James Hearfield is charged with common assault and assault occasioning bodily harm against Andre Johnston.


Both men pleaded ‘not guilty’ and the matter will be heard next in Coffs Harbour on August 16......


Echo, 16 January 2024:


The Coffs Harbour Local Court has found two forestry workers guilty of assaulting two members of the community on a public road in Wild Cattle Creek State Forest on 25 June 2020.


NSW Upper House Greens MP Sue Higginson reported the guilty finding, which was handed down by the court yesterday, in a press release.








Ms Higginson said the assaults had been recorded on a mobile camera device by a Forestry Corporation Officer.


The two forestry workers were, at the time, employed by logging company Greensill Bros that was contracted by the NSW Forestry Corporation, a state owned corporation.


The forestry workers were not charged immediately following the assault, and one of the victims was instead targeted and charged by the Coffs Harbour Police.


The officer who handled the matter attempted to withhold the video footage of the assaults from the victims and the public, according to Ms Higginson. He is no longer a police officer.


Today’s judgement is well overdue and is the end of a harrowing experience for the two victims, Mark Graham and Andre Johnston,’ Ms Higginson said.


Mark and Andre were on a public road, in a public forest, when the forestry workers approached, threatened and then assaulted them all while being filmed by an employee of the NSW Forestry Corporation…’


The initial investigation into these assaults resulted in the charging of one of the victims, Mark Graham, who is a forest ecologist.


The NSW Police, after discussions with the Forestry Corporation charged Mr Graham with approaching forestry operations, those charges were wrongly pressed and were later withdrawn.


The fact that Mr Graham was charged for a crime when he was a victim of what the Magistrate described as a violent assault on a public road, in a public forest, and it was captured on video, can only be described as a wilful miscarriage of justice.


The Magistrate noted that the evidence showed the police officer who handled the situation had been helpful to the guilty men and took a serious dislike to the victims of the assaults.


The video evidence is confronting and unambiguous.’ Ms Higginson said.


Two members of the community, who are acting in a friendly and non-threatening manner, are approached by two agitated and hostile forestry workers who then proceed to assault them, demand their personal property and shout threatening abuse at them.


It is gross and brutal and shows the level of impunity that forestry workers are afforded from their actions when the local police then charge the victims of the assault instead of the perpetrators.’


It is a good day for justice, as slow and bumpy as this road has been for Mark and Andre. There must be a strong response from the Government.’


Blue Mountains Gazette, 16 January 2024:


The Forestry Corporation is under pressure to blacklist a logging contractor after its workers attacked two environmentalists in a NSW forest.


It's been three-and-a-half years since Mark Graham and Andre Johnston were assaulted on a public road during a day trip to the Wild Cattle Creek State Forest, where logging was under way.


On Monday, the pair got their day in court with a Coffs Harbour magistrate finding two employees of Greensill Bros had committed common assault.


The environmentalists are now demanding Greensill Bros be banned from any further logging work for the NSW government-owned Forestry Corporation.


They also plan to pursue a corruption complaint against the Forestry Corporation, saying one of its direct employees who was overseeing the logging operation filmed the assault but failed to intervene.....


"Immediately following the assault in 2020 neither of the forestry workers were charged and one of the victims was instead targeted and charged by the Coffs Harbour police."


Ms Higginson said the charges were laid after discussions between the police and Forestry Corporation.


Mr Graham has told AAP he was dismissed by police when he went to report the assault in June 2020 and was instead to go and "get a job".


About six months later he was charged with being within 100 metres of logging machinery.


Ms Higginson represented Mr Graham in that matter and has accused police of trying to withhold video evidence of the assaults from both victims, and from the public.


The charge against Mr Graham, of being too close to logging machinery, was eventually dropped in May 2022.....


No convictions were recorded with Michael Luigi Vitali and Rodney James Hearfield both put on 15-month good behaviour bonds.


The Forestry Corporation and Greensill Bros have declined to comment.


AAP has also sought comment from police.


Wednesday 15 November 2023

NSW Government's Forestry Corporation in the news, November 2023

 

The Sydney Morning Herald, 13 November 2023, p.3:


Forestry activists allege the NSW government-owned Forestry Corporation has breached regulations more than 1200 times in recent logging operations in Tallaganda State Forest, one of the last strongholds of the endangered greater glider.


AAP General News Wire, 14 November 2023:


The Forestry Corporation of NSW has been slapped with a new stop work order, amid concerns about efforts to protect endangered greater gliders.


Logging has been shut down in a second NSW forest amid claims the Forestry Corporation failed to properly look for den trees an endangered glider needs to survive.


The Environment Protection Authority has ordered the state-owned corporation to immediately halt harvesting work in parts of the Flat Rock State Forest near Ulladulla.


The watchdog has accused the corporation of failing to conduct detailed, thorough searches for den trees used by endangered southern greater gliders, as well as vulnerable yellow-bellied gliders.


It's the second time the Forestry Corporation has been accused of incompetently conducting habitat searches in recent months.


Harvesting has also been shut down in the Tallaganda State Forest, southeast of Canberra, after the EPA found multiple den trees in an area where the Forestry Corporation said there was only one.


The corporation later admitted it looked for den trees during the day when nocturnal greater gliders would have been asleep.


EPA officers went to Flat Rock this week after receiving a complaint from conservationists who went to the area to do a den tree search.


Members of South East Forest Rescue said no den trees were recorded by the Forestry Corporation but they spotted a greater glider leaving what appeared to be a hollow-bearing den tree on Sunday night.


When the EPA officers arrived on Monday, they also identified what appeared to be a greater glider den tree within 30 metres of logging.


The EPA alleges that FCNSW has not conducted detailed and thorough searches necessary to identify all Greater Glider and Yellow-Bellied Glider den trees within the Flat Rock State Forest compartment," the watchdog said on Tuesday.


The EPA also said the Forestry Corporation had identified 137 glider sap feed trees, making it likely a family of yellow-bellied gliders was active in the area.


"Yet no den trees were identified," it said.


“Den trees and their surrounding habitat are critical for the gliders’ feeding and movement and removal of habitat removes shelter and food, making the gliders vulnerable to harm."


AAP has sought comment from the Forestry Corporation.


South East Forest Rescue staged a protest Flat Rock on Monday, after discovering the den tree.


"Again, conservationists have shown the absurdity of the Forestry Corporation looking for nocturnal species during the day," spokesman Scott Daines says.


Kita Ashman is a threatened species ecologist with WWF Australia and says there are alarming similarities between Flat Rock and Tallaganda, where conservationists also identified unlogged den trees.


"In both cases it’s been left to citizen scientists to record greater glider den trees. A deeply disturbing pattern of behaviour is emerging that cannot be allowed to continue."


Greens MP Sue Higginson says it's time for the NSW government to step in.


It is clear that Forestry Corporation are either wilfully disregarding their legal obligations to operate consistently with their approvals or they are too incompetent to adequately conduct operations in a lawful way,'' she said.


1 Earth Media, 14 November 2023:


A magistrate dismissed a charge of ‘enter a forest w/o permission if prohibited by notice’ after the police failed to provide prima facie evidence to prove their case against Susie Russell. She has called the police action a S.L.A.P.P. – Strategic Lawsuit Against Public Participation.


Veteran forest defender Susie Russell defended herself in the Forster magistrates court on Tuesday November 14. The judge’s ruling meant that Ms Russell did not have to provide her evidence and she can now put the long drawn out matter to rest.


Ms Russell, a member of the North East Forest Alliance (NEFA) had been arrested at the 9 January 2023 protest at Bulga Forest, west of Port Macquarie.



Saturday 17 June 2023

Quotes of the Week


Google has announced that soon, when you search a question on its site, the first result displayed will be an AI-generated answer drawn from the open web. But many of the most trustworthy sources of information - academic journals, high-quality newspapers - are locked behind a paywall. There is a real chance the AI-powered search engines that will shape our lives will be biased toward misinformation or even falsehoods.”

[The Conversation, webpage footnote, excerpt retreived 11 June 2023]


We’ve logged our state forests to exhaustion, so we’re now going into ‘plantations’ cutting old growth and remnant forest.”

[Dr Tim Cadman, Adjunct Senior Research Fellow with Law Futures Centre and Institute for Ethics, Governance and Law at Griffith University, writing in Griffith News, 5 June 2023]


Tuesday 18 October 2022

Yet another petition to the NSW Parliament was debated last week - resulting in yet another petition to parliament being casually dismissed by the Perrottet Coalition Government


Petitions

NATIVE FOREST LOGGING


The DEPUTY SPEAKER: The House will now consider the electronic petition signed by 20,000 or more

persons that is listed on the Business Paper. It is about native forest logging and was lodged by the member for South Coast. Before I call the member for South Coast, I again welcome to the public gallery and the Cooper Gallery those who have joined us for the debate. I am aware that there are strongly held views on the matter we are about to discuss. Parliamentary debate allows that those with opposing views are able to express them freely without interference. I therefore ask that those in the gallery refrain from clapping or distracting debate in any way, including verbally or visually.

The question is that the House take note of the petition.

[NSW Parliament, Legislative Assembly, Hansard, 13 October 2022]


The Echo, 14 October 2022:


Yesterday in Sydney the public gallery in the NSW lower house of parliament was packed with citizens hoping to hear their representatives support the community’s calls for an end to the logging of our public native forests.


The debate was forced by the success of a petition with over 21,000 signatures that calls for a rapid transition out of logging our native forests.


Tens of thousands of people


Greens spokesperson for the environment and agriculture Sue Higginson MLC said that tens of thousands of people from across the state have come together to call for an end to public native forest logging. ‘The time has come and the case has been made that our public forests are worth more to us standing.


The government has made no plans to transition out of this destructive industry and into sustainable plantations in the full knowledge that communities and workers will be left behind by their policies.’


Ms Higginson said that much public native forest estate has been impacted by drought, fires and floods. ‘We need to change our perception of native forests to recognise them as a vitally important line of defence against both the climate and the extinction crisis, but this senseless government is determined to destroy them.


The petition


The parliamentary petition calls on the NSW parliament to:

  • Transition NSW’s native forestry industry towards sustainable plantations by 2024.

  • Immediately place a moratorium on public native forest logging until the regulatory framework is introduced.

  • Urgently protect high-conservation value forests through gazettal in the National Parks estate.

  • And ban biomass fuel, made from native forest timber.


North East Forests campaigner Sean O’Shannessy.
Photo supplied.

The response to the petition from the Minister for Agriculture Dugald Saunders was bitterly disappointing.
Tens of thousands of people are calling for our forests to be protected and the minister has completely dismissed what’s best for communities and the environment,’ said Ms Higginson…..



Clarence MP Chris Gulaptis heckled his Liberal Party colleague Shelly Hancock as she introduced and spoke for the petition on behalf of her constituents.’


Mr O’Shannessy said the is a rapidly dawning realisation among all rational participants in the public discussion of the future management of native forests, that logging is not going have a place there.


Sustainable plantations will supply our timber needs and our forests will be protected in properly managed reserves. We can not afford to keep subsidising the destruction of our carbon sinks, water catchments and koalas homes,’ said Mr O’Shannessy.


The Government’s idea of ‘sustainable’


Ms Higginson said that the Government claims that sustainable native forest management includes cutting down critical habitat for threatened species, including koala habitat, clear felling areas of our forests and cutting down hollow-bearing trees which are essential for the survival of forest-dependent threatened species like gliders, owls and bats.


Bizarrely, the Government claims that cutting down our forests is good for the climate crisis in complete contradiction to scientific consensus. Old trees sequester more carbon than young trees, which on its own should be enough for us to be doing everything we can to protect them.


The end of public native forest logging is inevitable and we are so close to finally seeing the transition out of this industrial scale destruction.


Parliament could do this tomorrow if the government would stop blocking this important reform and develop a plan that delivers economic security for communities and protects our precious forests,’ said Ms Higginson.


For interested North Coast Voices readers the 39 minute ‘take note’ debate of this petition can be found at:

https://api.parliament.nsw.gov.au/api/hansard/search/daily/pdf/HANSARD-1323879322-128218. Commencing at Page 58.


Below are some debate excerpts and it should be noted that all misconceptions, misinformation, unfounded beliefs and downright political lies voiced are actually found in remarks made by the Nationals MLA for Dubbo and Minister for Agriculture & Minister for Western New South Wales Dugald Saunders, as well as in remarks by Nationals MLA for Clarence Chris Gulaptis who retires from parliament at the March 2023 state election. Yellow highlights of some of the largest whoppers are my own.


Mr CHRISTOPHER GULAPTIS (Clarence) (16:12): I speak in response to the petition tabled by the member for South Coast. I acknowledge the petitioners in the gallery for their efforts in obtaining 20,000 signatures, because it is an effort. I know that and I understand why they are present today. But I am really disappointed with the contribution by the member for Ballina, because it is misleading. One of the problems when we talk about native forestry in this country, and in this State in particular, is that a lot of the proposals that have been raised are based on a range of misconceptions, misinformation and unfounded beliefs.


When it comes to which side of the House manages forests better, this side manages forests better. That was shown when Bob Carr declared State forests national parks back in the eighties, because they were managed so well by what is now ForestCorp. They are managed well. It is like your garden: You cannot let your garden be overgrown with weeds; you have to manage it. Unfortunately, that is what the problem is. We let our national parks overgrow and when the bushfires came through, five billion native species were killed in 7.2 million hectares of national park. That is what happens in a national park when they do not have the resources to manage it.


Mr Jamie Parker: You're in government. Why don't you manage it?

The DEPUTY SPEAKER: Order!


Mr CHRISTOPHER GULAPTIS: Because the resources would have to come out of Health or Education.


The DEPUTY SPEAKER: The member for Balmain will come to order.


Mr CHRISTOPHER GULAPTIS: They would come out of Health or Education. The forests are managed in a responsible way, and we see that. Do we want native timbers from Borneo and attack the—


Mr Jamie Parker: We're about plantations.

The DEPUTY SPEAKER: Order! The member for Clarence will direct his comments through the Chair.


Mr CHRISTOPHER GULAPTIS: We have plantation timbers and we also have native forests. The reason the forests were created in the first instance was to provide a resource for the inhabitants to build their houses and to construct this city. Parliament House is constructed from timber from our forests. That was the whole purpose of them, and still is. We want affordable housing, but where is the construction material going to come from? Members opposite talk about affordable housing, but how will it be provided if we do not cut down trees? Forestry Corporation plants four million seedlings every year to replace the trees it cuts. If that is not carbon sequestration, what is? It is a joke when members do not look at the evidence and the facts.


Mr Jamie Parker: We have looked at the evidence, mate, don't worry.


Mr CHRISTOPHER GULAPTIS: Yes, look at the evidence. Five billion native species were killed in a hot fire because those national parks did not have the resources to be managed effectively.


Mr Jamie Parker: Well, give them the resources. You're in the Government.

The DEPUTY SPEAKER: Order!


Mr CHRISTOPHER GULAPTIS: Yes, and we will take them from Education and Health, because that is what you are saying.


The DEPUTY SPEAKER: The member for Clarence will direct his comments through the Chair.


Mr CHRISTOPHER GULAPTIS: Yes, I will. The fact of the matter is that the Government's resources are finite; they are not unlimited. We cannot use a credit card and spend wherever we want to. State forests are managed effectively. They produce revenue that goes back into managing the forests and looking after feral animals and noxious weeds. Where is that revenue going to come from?


Mr Jamie Parker: It makes a loss.


Mr CHRISTOPHER GULAPTIS: Do our national parks make a profit? No, they do not. Of course they do not. Native forestry is heavily regulated to ensure that there is long-term ecological sustainability, and robust science consistently demonstrates that those regulations are effective. The proposal to create public native forests would have substantial negative impacts on the State's economy and finances. We must remember that the forestry sector is worth around $2.8 billion. It directly supports almost 20,000 jobs, 40 per cent of which are in regional New South Wales. I call on the Labor Party and members opposite to stop vilifying the timber industry and support the productive and sustainable approach that the Coalition Government has put in place to manage this incredible resource that has been used as a building material since Jesus was a boy. It is a terrific sustainable product, so why do they vilify it?


Ms JANELLE SAFFIN (Lismore) (16:18): I make a contribution to debate on the petition, which has some 21,000 signatures. I take umbrage at what the member for Clarence said. I am not vilifying the industry, but I want to be part of the debate because I have been involved in it in my area for some 40 years. The issue has been so divisive so many times, so we must resolve it in such a way that we get a sustainable industry. That is the objective that most people are going for. That is the objective of the people who signed this petition. Somehow we have got to get there. I understand that it is important. So many people in the Lismore electorate and beyond are passionate about this issue.


My electorate has huge environmental movements, including the North East Forest Alliance, whose members are here today. The Nature Conservation Council was also here this week. Local constituents have written to me in support of the petition. Local forestry and timber industry workers, as well as the unions, have also spoken to me about the petition. I understand the passion and the emotion in it. As I said, I have lived it for a long time. From what is happening in my area and on the South Coast—based on what I heard from the member for South Coast—and what I have heard in this debate, I can say that we are at the vortex of the issue. At the heart of it is the desire to have our forests protected from fire, flood and pestilence, and to have habitats for animals and rare plants that are free of weeds and predators, or at least minimally affected.


We all want a sustainable logging industry, wherever it takes place. I have recently read that under Premier McGowan—and I would hardly call him a radical Premier of any kind—Western Australia is moving to end native forestry logging. I note that Victoria is doing the same under its more progressive Premier Andrews. Those desires and objectives speak to management, and that has been the problem that I have seen for so many years.

We know that before European colonisation the forests, which were extensive, were managed. Of course, Indigenous nations practised cultural burning, which, thank goodness, so many are embracing now because they see the value in it. One thing that the member for South Coast said that really struck me was that this petition was a message to the Government and all members that we must take heed, and we certainly do.

I draw the attention of the House to the Legislative Council inquiry into the long-term sustainability and future of the timber and forest products industry. I read the report only recently.….

The committee's findings and recommendations are telling about the state of the industry and what is going on under Forestry Corporation. There were 11 findings, and I draw attention to finding 2, 3 and 5. Finding 2 states:

In the last decade, there has been no increase in additional hardwood and softwood timber plantations.

Finding 3 states:

The lack of expansion of timber plantations by the NSW Government has significantly contributed to the current timber crisis which has only been further exacerbated by recent events, including the 2019/20 bushfires.

We heard about those from the member for South Coast. Finding 5 states:

The reduction in harvestable areas of public native forests and failure to expand native hardwood plantations has resulted in the loss of wood supply …..

Recommendation 1 states:

That the NSW Government identify and implement as a priority a long term funded strategy for the expansion of both softwood and hardwood timber plantations in New South Wales.

We can all agree that has to happen. Recommendation 2 states:

That the NSW Government establish further state-owned timber plantations

Recommendation 4 states:

That the NSW Government provide long term support to workers in the timber and forest products industry transitioning away from native forestry to other parts of the sector with access to worker transition services, training and retraining support, relocation support, and counselling.

They are some of the results from the inquiry.


Mr DUGALD SAUNDERS(Dubbo—Minister for Agriculture, and Minister for Western New South Wales) (16:33): I thank the member for South Coast for tabling this petition. I have listened to the debate with great interest. I will clarify a few misconceptions. First, logging does not occur in State forests; selective harvesting occurs in State forests. The Environment Protection Authority is in charge of activating the regulations around that, and it does so regularly. The sawlog part of a tree is not used for biomass production; it is the roots, the bark and the other parts that cannot be used for anything apart from chipping, burning or pulping. It is about turning that waste into energy rather than leaving it to become a bushfire concern. That is the point.


As far as State forests, as the member for Oxley mentioned, only a tiny percentage of State forests are used for timber harvesting. We are talking about 1 per cent of the State forest that is harvested—that is, about 0.1 per cent of the broader forested landscape. It is a tiny amount, it is a managed amount, and it is not done in a way with disregard for the environment. That is the point.


Ever since I have been the Minister in this space, I have said that I hold Forestry Corporation to the highest level of compliance. That is absolutely what we need to do. On this side of the House, we all agree that there is no room for things to be done incorrectly. But to suggest that timber and State forests do not work hand in hand and do not support communities is just incorrect. It is also worth mentioning that the Intergovernmental Panel on Climate Change recognises that managing forests for sustainable timber production is one of the best ways to mitigate climate change. Removing trees, allowing more sunshine through the canopy and growing new trees actually sequesters great amounts of carbon, and we have a fantastic renewable, organic and regenerative resource that we love as humans.


State forests also support things like native-based tourism. State forests are already doing that. We are expanding the mountain biking, the horseriding, the picnicking and the walking trails. They are all managed because we have State forests that are managed to support those activities. I am interested to see what Labor does around forests as a policy matter, because we have complete support from a number of workers up and down the coast and inland who are saying they want support for native forestry. On this side of the House, we absolutely provide that support. It is worth $2.8 billion and thousands of jobs. We have their back, but we also appreciate the petition.


The DEPUTY SPEAKER: I thank the guests in the public gallery, who were visiting today to listen to the debate. I also extend thanks to those members of the public who have been listening online.


Petition noted.


Friday 24 June 2022

Prime Minister Albanese & Environment Minister Plibersek need to urgently re-evaluate the former Abbott-Turnbull-Morrison government policy as it pertains to native forestry agreements along the 100km wide & 1,973km long NSW mainland coastal zone

 

The EPA has fined the Forestry Corporation over a Coffs Coast logging operation. IMAGE: ABC News, 13 November 2013

















The Forestry Corporation of NSW is a state-owned corporation which has been 'managing' state forests for the last 106 years. Amongst other names, it has conducted business as Forestry Commission of New South WalesState Forests (NSW) and Forests NSW.


Currently this corporation appears to control approximately two million hectares of forested land (including est. 270,000 hectares set aside for commercial soft & hardwood plantations) and produces approximately 14 per cent of Australia's annual wood product. 


Marching hand in hand with the growth of Forestry Corporation of NSW has been a loss of native animals due to logging. 


Australia-wide such native forestry logging was calculated by the World Wildlife Fund as averaging 1.5 million native animal deaths a year between 1998-99 to 2005-06 and 2 million a year between 2006-07 to 2014-15According to NSW EPA State of the Environment ReportAs at 2020–21, 1,043 species and 115 ecological communities are listed as threatened under NSW legislation including 78 species declared extinct.


Much of the current business and operational practices put in place by Forestry Corporation of NSW rely on the three NSW Regional Forestry Agreements (RFAs) signed by the State of New South Wales and the Commonwealth of Australia between 1999 and 2001 and amended/extended by successive federal Coalition governments with little thought to either the Commonwealth's existing legislated obligations or changing levels of risk to individual species or local/state-wide habitat range.


Many residents in Northern NSW consider the North East RFA which covers logging in the coastal area between Sydney and the Queensland border as particularly egregious. In part because it exempts logging in native forests from federal biodiversity law.


In my opinion the state-owned forestry corporation is a bad actor across the board. If one looks closely at how the NSW Government deals with its infractions, it is clear that the government of the day, a number of government agencies and Forestry Corporation of NSW have developed a bureaucratic and legal dance. A dance which allows the Corporation to ignore both its legislatively imposed restrictions and its social obligations to communities within the state's extensive coastal zone, in order to continue pursuing its commercial objectives by cavalierly logging native forests for maximum wood extraction and what looks suspiciously like frequently contrived minimum penalties.


Nature Conservation Council (NSW), media release, 20 June 2022:


Forestry Corp pinged for logging environmentally significant forests after the Black Summer bushfires


Just days after being fined $135,000 for destroying koala habitat on the mid-north coast, Forestry Corporation now faces charges it illegally logged a Category 1 Environmentally Significant Area in the Yambulla State Forest after the Black Summer Bushfires. [1]


While the charges are yet to be proven, the fact the EPA launched this prosecution rings alarm bells,” Nature Conservation Council Chief Executive Chris Gambian said.


On Friday, Forestry Corp was fined for wiping out significant koala habitat. [2] On Monday they are being prosecute for logging forests that were ruled out of bounds after the fires.


What more evidence does the government need before it orders a comprehensive independent review of Forestry Corporation to ensure it acts lawfully and sustainably?”


In this latest action, the EPA alleges Forestry Corp breached conditions imposed to aid the recovery of the Yambulla State Forest near Eden after the 2019-20 bushfires.


The EPA says that between March and July 2020, Forestry Corp contractors logged 53 trees in a Category 1 Environmentally Significant Area in the Yambulla State Forest.


EPA Acting Executive Director Regulatory Operations Greg Sheehy said the EPA imposed these Site-Specific Operating Conditions to protect areas in forests of environmental importance that were less affected by the fires.


Mr Sheehy said in a statement released by the EPA:


Bushland along our South Coast was severely damaged by the devastating fires, and the EPA established additional protections for bushfire affected forests like the Yambulla State Forest in order to limit further harm


These conditions were imposed to prevent FCNSW harvesting trees in areas considered environmentally significant that were less damaged or completely untouched by the fires.


The additional protections, applied to certain forests in NSW were designed to help wildlife and biodiversity recover in key regions.


These laws protect areas in our forests that may be home to important shelters and food resources for local wildlife or unique native plants.”


Last Friday, Forestry Corp was fined $135,600 fine for destroying koala habitat and ordered to pay $150,000 of the EPA’s legal cost.


As Forestry Corp is a company owned wholly by the NSW Government, the fines will ultimately be paid by NSW taxpayers.


REFERENCES


[1] FCNSW in court for alleged breaches of 2019/20 bushfire harvest rules, EPA, 20 June 2022


[2] Fines will never replace critical koala habitat destroyed by Forestry Corporation, 16-6-22, NCC


In 2018 Forestry Corporation NSW committed a series of offences between April and November of that year.


Prosecution of these offences did not begin until 2020 and culminated in a two day hearing in June 2022.


NSW Environmental Protection Agency (NSW EPA), media release, 16 June 2022:


Forestry Corporation NSW fined for forestry activities near Coffs Harbour


Fines and costs totalling $285,600 have been levelled against Forestry Corporation NSW (FCNSW) after the Land and Environment Court found tree felling in exclusion zones had done “actual harm” to koala habitat in Wild Cattle Creek Forest near Coffs Harbour.


The Land and Environment Court handed down a fine of $135,600 and ordered FCNSW to pay the NSW Environment Protection Authority (EPA)’s legal and investigation costs of $150,000 after FCNSW pleaded guilty to four charges brought by the EPA.


EPA Executive Director Regulatory Operations Carmen Dwyer said the prosecution sent a clear message to the forestry industry and operators.


All forestry operators have a responsibility to protect the environment and comply with the law when carrying out tree harvesting activities,” Ms Dwyer said.


Breaches of the forestry laws will be investigated and those responsible will be held to account.”


The felling was carried out by FCNSW contractors in 2018.


Two charges were for the felling of trees in protected rainforest areas, a third charge was for the felling of two trees in an exclusion zone around warm temperate rainforest, and the fourth was for felling four trees and other forestry activities in a Koala Exclusion Zone.


The non-compliant activities carried out in the Koala Exclusion Zone attracted the largest fine of $60,000.


Justice Robson accepted there had been harm to Koala habitat as a result of the non-compliant activities.


The felling of the large Eucalyptus trees and the construction or operation of snig tracks were highly likely to have had an adverse impact by reducing the size and the quality of the habitat available to the breeding female and offspring,” Justice Robson said.


As such, I accept the position adopted by the prosecutor and find that there has been actual harm.”


The EPA commenced the prosecution in 2020 after a long investigation into FCNSW’s activities in Wild Cattle Creek State Forest in 2018.


Strict operating rules are in place to protect precious wildlife, such as the Koala. Exclusion Zones, which are a critical part of preserving the habitat of koalas to ensure their survival in this forest.


Disregarding the rules and harvesting trees in these areas can put animals under increased stress,” Ms Dwyer said.


The offence relating to Koala Exclusion Zones carries a maximum penalty of $440,000, while the other three offences carry a maximum penalty of $110,000 each.


SEE Environment Protection Authority v Forestry Corporation of New South Wales [2022] NSWLEC 70 (9 June 2022)


Some other instances (updated)


EPA fines FCNSW $15,000 for allegedly failing to comply with post-fire conditions South Brooman State Forest, media release, 23 June 2022– launch of prosecution


Forestry Corporation fo NSW fined by EPA for destroying native animal habitat, media release,11 April 2022 – total fines $45,000


Forestry Corporation of NSW fined by EPA for failing to mark out a prohibited logging zone, media release, 18 February 2021 – fine $15,000


Forestry Corporation fined for failing to mark out a prohibited logging zone, media release, 26 February 2021 – fine $30,000 plus a warning


Environment Protection Authority v John Michelin & Son Pty Ltd [2019] NSWLEC 88 (19 June 2019) sub-licensee of Forestry NSW, penalty $43,550 plus costs


Environment Protection Authority v Forestry Commission of New South Wales [2013] NSWLEC 101 (10 July 2013) – $35,000 penalty plus costs


Director-General, Department of Environment, Climate Change and Water v Forestry Commission of New South Wales [2011] NSWLEC 102 (8 June 2011) – $5,600 penalty plus costs.