Conservationists Alarmed at NSW Government Plans for our Forests

Conservationists are alarmed about the NSW Government’s proposals to increase logging intensity in our public forests.

And while the Government is proposing drastic changes weakening logging rules, it is avoiding holding meaningful public consultations about their plans. North Coast conservationists had wanted to the Environment Protection Agency (EPA) to visit local forests to see first hand the damage that has already resulted from the current logging practices. The EPA refused to participate.

This is probably not surprising given that the EPA, which is charged with monitoring and ensuring compliance of logging operations in the State Forests, has failed in ensuring that the current regulations have been adhered to.  And on those occasions when it has determined that there have been breaches, the penalties it imposed have been of the “slap on the wrist” nature. So it is no wonder that the current rules have frequently been ignored.

The North Coast Environment Council (NCEC) and the North East Forests Alliance (NEFA) are countering the Government’s current consultation failure by holding their own meetings to explain to the community exactly what the Government has in mind for the future of our public forests. Several meetings have already been held on the North Coast with more planned, including one for Grafton at the Grafton District Services Club (upstairs) on Saturday June 30.

In a recent statement NCEC Vice-President Susie Russell outlined the consequences of the Government’s proposed changes.

“If the proposed rules are implemented, every population centre on the north coast will see its water yields drop as intensive land clearfell logging dries out the catchments. There will be increased erosion and sedimentation of streams from decreased stream buffers.

“The extinction cliff for many of our native animals and plants will be reached faster as there will no longer be a requirement to look for them prior to logging.

“The carbon storage capacity of our forest estate will be greatly diminished as logging intensity increases and the dense, young regrowth is more flammable than the mature forests it replaces.

“All this at a time when climate change is accelerating and the planet's temperature is rising. We need now to be protecting our future by maximising the shade, natural water and carbon storage, while connecting habitats to enable animals to move to more suitable areas,” she said.

The NCEC is concerned that areas that have been off-limits to logging for 20 years - old growth forest, stream protection buffers, and high quality koala habitat – will be sacrificed to meet wood contracts.

Our state Government needs to be reminded that State Forests belong to the people of this state – not to the timber industry or to a Government that seems hell-bent on damaging as much of the natural environment as it can while it is in office.

            - Leonie Blain

The Future Eaters have re-commenced logging in forests affected by the 2019-20 mega bushfires

BREAKING: We’ve obtained video footage of logging happening in unburnt forests just weeks after fire ripped through masses of NSW’s forests!

With so much forest destroyed by the fires, it’s critical we look after what’s left if our wildlife is to survive. pic.twitter.com/j65UNRj3RE

— Nature NSW (@naturensw) February 29, 2020

Styx River State Forest, in the New England Tablelands region of New South Wales, covers 16,000 hectares. 

The Brisbane Times reported on 26 February 2020:

Conservation efforts in NSW to stop more species becoming extinct in the wake of this season's unparalleled bushfires require more than half a billion dollars over the coming four years. 

Emergency intervention to save as many as 30 endangered species alone needs $15 million this year and $35 million in both the 2021-22 and 2022-23 fiscal years, according to a spreadsheet circulating among state government agencies and obtained by the Sun-Herald. 

A burnt area of the Styx River State Forest in northern NSW.Logging has resumed in the area despite most of the region being burnt.

The leaked requests come as Forestry Corporation resumed logging in unburnt refuges in the Styx River State Forest despite risks to species including nationally endangered Hastings River mice.....

While officials wrangle over conservation funding, industrial-scale logging has resumed in fire-hit regions such as the Styx River, inland from Coffs Harbour on the NSW north coast. 

Chris Gambian, chief executive of the Nature Conservation Council, said the logging would have "immensely negative ecological impacts" given so little of the Styx River forest was unburnt. An endangered Hastings River mouse, from a photograph taken in January 2018. 

“The fires mean that whatever we thought before about wildlife and species has to be scrapped and reassessed," Mr Gambian said, adding he had asked the Environment Protection Authority to issue a statewide stop-work order for logging in native forests state until the effects of the fires are known. 

“Logging remnant forests after such a disaster is like sending a demolition crew in to conduct a cyclone recovery operation," he said. "It is hard to imagine a more harmful intervention." 

Mr Gambian noted the government's own analysis indicated at least 32 threatened animal species alone had lost at least 30 per cent of their habitat due to fires, and were now "teetering on the brink".....

A Forestry Corporation spokeswoman said the majority of production crews on the north coast had moved from native forests to hardwood timber plantations after the fires. 

"A small number of selective harvesting operations that commenced prior to the fires have continued under the strict regulations governing native forestry in NSW," she said, adding that crews in the Styx River State Forest were "finalising work in this location" and will move some harvesting operations into fire-affected forests "in the near future".....

Greed, plain and simple, is killing off NSW koalas and the Berejiklian Coalition Government continues to ignore this vandalism of habit

ABC News, 20 July 2017:

A koala habitat 50 per cent larger than the Royal National Park has been destroyed by logging, according to a new conservation report.

The report titled Clearing Koalas Away by conservationist Dailan Pugh, says more than 23,000 hectares of koala habitat near Coffs Harbour has been "virtually cleared".

"They're hitting them really hard. We're looking at about 40 per cent of koala habitat in state forests," he said.

Mr Pugh, an environmentalist for over 40 years, sourced the forestry data under freedom of information (FOI) legislation, in a bid to measure logging against known koala habitats.

Last year, then-environment minister Mark Speakman admitted "intensive harvesting" on the North Coast was "not consistent" with regulations, and said the Environment Protection Authority was investigating.

An EPA spokesperson declined to answer questions, but said "current rules are over 15 years old and lack clarity in important areas, including intensive harvesting".

Recent studies suggest less than 9,000 koalas survive on the North Coast, a 50 per cent decline in the past 20 years.

Habitat loss is widely acknowledged as a driver of the decline.

PHOTO: A picture taken in March 2016 shows trees that have been cut down in the Kerewong State Forrest. (ABC News: Lyn Orrego)

Mr Pugh said a sustainable logging method called "single-tree selection" is being misused by Forestry Corporation.

Single-tree selection permits the selective harvest of just 40 per cent of eucalypts trees in a logging zone — leaving 60 per cent of trees as off-limits.

But the off-limits status is temporary, and evidence shows these trees are heavily logged in later operations.

The reports highlights examples like Kerewong State Forest, with photos showing the heavy clearing of a mapped koala habitat.

PHOTO: A large part of the "offset" area had been intensively logged in the Kerewong State Forest. (Supplied)

Echo NetDaily, 13 March 2017:

A representative of the North East Forest Alliance (NEFA) was ejected from a meeting that he called with the Environment Protection Authority at Gibberagee State Forest after it was ‘gatecrashed by the Forestry Corporation’.

NEFA auditor Dailan Pugh said he was invited to Gibberagee by the EPA on Friday (March 10) so that he could show them logging was taking place into what were meant to be exclusion zones around the nationally Endangered Narrow-leaved Melichrus, which only occurs at Gibberagee.

But he was directed to leave by the Forestry Corporation without being allowed to show the EPA anything.

‘A month ago I sent the EPA a complaint after identifying that the Forestry Corporation were refusing to identify the legally required buffers around the Endangered plant Narrow-leaf Melichrus,’ Mr Pugh told Echonetdaily.

He added they were ‘recklessly damaging hollow-bearing and recruitment trees, and logging “unmapped” streams in the immediate catchment of the regionally significant seagrass beds of The Broadwater.’

‘Bryce Gorham of the EPA invited me to come out to the forest last Friday “to accurately identify (on ground identification) of the alleged breach of intrusion into a Melichrus sp.Giberagee exclusion zone”,’ he said.

‘I expected that the EPA would only invite me if they had the authority to do so.

‘The EPA were late, so while waiting I looked around, finding two more places where logging had extended into what were meant to be 50m exclusion zones around Narrow-leaf Melichrus, in one case by 22m.

‘When the EPA belatedly arrived they had a Forestry Corporation employee, Jamie Churchill, with them.

‘He told me to leave the forest on the grounds of occupational health and safety. I insisted that I had been invited into the forest by the EPA and that, in the area where we were, logging had finished some three months ago so we were not interfering with an active operation and there were no safety issues.’

Mr Pugh said he told both the EPA and Forestry Corporation that he had just found another legal breach nearby, and asked to at least be able to show it to them.

But, he added, the Forestry Corporation refused ‘and the EPA went along with them’.

‘After driving two hours to get there I was forced to leave without being allowed to show the EPA anything.

‘The EPA should never have invited me if they don’t have the authority to stand up to Forestry Corporation bullying.

* Image of  koala mother and cub from Independent Australia

In the space of three days state-owned Forestry NSW has apparently thumbed its nose at the Land & Environment Court and exposed itself to the international community as an environmental vandal

 

Echo, 1 September 2023:

Aunty Alison and Aunty Lauren on Gumbaynggirr Country at Newry State Forest. Photo supplied

Gumbaynggirr Elder Uncle Micklo and the oldest and most senior Gumbaynggirr Elder living on Gumbaynggirr Country Uncle Bud Marshall brought a successful application to the Land and Environment Court (L&EC) that halted logging at the Newry State Forest on 22 August. They were supported by Gumbaynggirr elders Aunty Alison and Aunty Lauren.

The Judge accepted an undertaking from Forestry to stop all logging in the forest to allow for a site inspection by Gumbaynggirr Elders of sacred and significant sites in the forest that the NSW Forestry had been logging. It had been arranged for the elders to go for the inspection on Friday, 1 September, however, at the last minute they were contacted by NSW Forestry to cancel the site inspection.

The Judge also accepted an undertaking that the stop on logging should extend to the substantial hearing set down for November 14, 16 and 17 in the L&EC.

‘Last night (31 August) Forestry said they were going to call off the site inspection, then they said they wanted to delay for another two weeks. They are due back in court on Tuesday (5 September) and the site inspection is supposed to have taken place,’ said Al Oshlack, from the Indigenous Justice Advocacy Network who helped organise the stop work order. [my yellow highlighting]

‘We had a driver organised and they were going to go out to a number of sites in Newry Forest today (Friday, 1 September). Everyone is really upset because they have been locked out for a long time by Forestry with fences and cameras etc in place.’

Mr Oshlack told The Echo that Forestry appears to use a person named Mr Potter to sign off on their cultural heritage requirements. However, Mr Oshlack said they have been unable to find any Gumbaynggirr people who either know Mr Potter or who have been consulted about sacred and cultural sites in the area by Forestry NSW.

‘We have been asking around to find out if anyone knows who Mr Potter is but we haven’t been able to find anyone who knows this person so far,’ Mr Oshlack said.

‘I spoke to Gumbaynggirr people who have been looking for him and they said “We went to five different Gumbaynggirr families and no one has heard of him.”….

The Sydney Morning Herald, 2 September 2023:

Professor Helge Bruelheide, professor of botany at the University of Helle in Germany, was stunned by what he has seen exploring the forests in and around the promised Great Koala National Park on the state’s North Coast this week.

“It is spectacular. All the variants of this Gondwana rainforest – cool and warm, temperate rainforest and also the subtropical rainforest – is something that is so unique globally that you wouldn’t find it in this particular combination elsewhere,” said Breulheide, one of the leading scientists in his field, who visited with 30 of his colleagues from around the world as they prepared for a conference on forest preservation to be held in Coffs Harbour next week.

Professor Helge Bruelheide at Border Ranges National Park, north of the proposed Great Koala National Park.

“It’s incredible walking through the forest and seeing a different tree every 5 meters. It is unique in the world. And it is also ancient, what we have seen remnants of a vegetation that is long gone on Earth. Australia is a bit of an ark conserving this fantastic biodiversity.

“I mean, I knew that from the books but touching it and seeing these wonderful trees is something different. We were completely shocked that this was being logged for paper pulp and timber. Particularly this type of forest, we really couldn’t understand that.” [my yellow highlighting]

It was not just the fact of the logging that stunned, but Bruelheide, but the nature of it. Rather than so-called single-stem logging that is common in places like Germany, where single trees are targeted and removed, loggers here take out whole sections, leaving behind a few trees in compartments (a section of forest identified for logging) that have been identified as critical feed or habitat trees for some endangered species.

“I feel like I was time travelling back to the 60s when this was all over the place,” says Breulheide of what he saw inside a patch of the Moonpar State Forest identified on the Forestry Corporation website as Section 345…..

Overview of a Moonpar State Forest Section 345 in May 2023

Moonpar State Forest Section 345
IMAGE: via @CloudsCreek, 7 May 2023

Closer view of segment of Moonpar State Forest Section 345, May 2023, showing felled native trees. SNAPSHOT: Google Earth Pro

Click on images to enlarge

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 Wales, State 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 2014-15. According to NSW EPA State of the Environment Report; As 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.

Forestry Corporation of NSW ordered to cease tree harvesting at Wild Cattle Creek State Forest

The EPA says this is one of two 'giant' trees felled in the Wild Cattle Creek State Forest.(Supplied: EPA) - ABC News, 19 July 2020

NSW Environment Protection Authority (EPA), media release, 18 July 2020:

EPA orders Stop Work on forestry operations in Wild Cattle Creek State 

Forest The NSW Environment Protection Authority has today issued Forestry Corporation of NSW with a Stop Work Order to cease tree harvesting at Wild Cattle Creek State Forest inland from Coffs Harbour. 

 The NSW Environment Protection Authority has today issued Forestry Corporation of NSW with a Stop Work Order to cease tree harvesting at Wild Cattle Creek State Forest inland from Coffs Harbour. 

EPA Executive Director Regulatory Operations Carmen Dwyer said EPA investigations into operations in Compartments 32, 33 and 34 of the forest had revealed serious alleged breaches of the rules that govern native forestry operations, set out in the Coastal Integrated Forestry Operations Approval (IFOA), in relation to the protection of trees that must not be felled. 

“To maintain biodiversity in the forest, the Coastal IFOA rules require loggers to identify giant trees (over 140cm stump diameter) and ensure they are protected and not logged. The EPA alleges that during an inspection on 9 July 2020 EPA officers observed two giant trees which had been felled. 

“Any trees except Blackbutt and Alpine Ash with a diameter of more than 140cm are defined as giant trees and must be retained under the Coastal IFOA,” Ms Dwyer said. 

“As a result, the EPA has issued a Stop Work Order under the Biodiversity Conservation Act to stop Forestry Corporation logging in the forest. The order ensures that no further tree harvesting takes place in the area where the trees were felled for 40 days, or until the EPA is confident that Forestry Corporation can meet its obligations to comply with the Coastal IFOA conditions to protect giant trees.” 

This is the first time the EPA has issued Forestry Corporation with a Stop Work Order under new laws which came into effect in 2018. 

“These two old, giant trees have provided significant habitat and biodiversity value and are irreplaceable. Their removal points to serious failures in the planning and identification of trees that must be retained in the forest. 

“These are serious allegations and strong action is required to prevent any further harm to giant or other protected trees which help maintain biodiversity and provide habitat for threatened species like koalas.” 

This action follows the recent issue of two Penalty Notices totalling $2,200 to Forestry Corporation for non-compliances associated with an alleged failure to correctly identify protection zones for trees around streams and for felling four trees within those protected zones in Orara East State Forest near Coffs Harbour. The penalties were issued under previous rules when the penalties were lower. 

“The EPA continues to closely monitor forestry operations despite the current COVID-19 restrictions, to ensure compliance with the regulations,” Ms Dwyer said.  

“The community can be confident that any alleged non-compliance during forestry operations will be investigated by the EPA and action taken if the evidence confirms a breach.” 

Stop Work Orders and penalty notices are examples of a number of tools the EPA can use to achieve environmental compliance including formal warnings, official cautions, licence conditions, notices and directions and prosecutions. A recipient can appeal and elect to have the matter determined by a court. 

For more information about the EPA’s regulatory tools, see the EPA Compliance Policy at www.epa.nsw.gov.au/legislation/prosguid.htm

ABC News, 19 July 2020:

The Gumbaynggirr Conservation Group's Zianna Fuad said the group wanted the forest protected and she was extremely relieved the stop work order was in place. 

"It's devastating that we have lost these old-growth trees that we can never get back," she said. 

"Wild Cattle Creek is especially important — it's the second largest koala hotspot in NSW. 

"We have amazing koala forests up here that we would love to see protected as The Great Koala National Park."

BACKGROUND

BuzzFeed, 1 July 2020:

Sandy Greenwood, a Gumbaynggirr custodian and spokesperson, is in the process of taking Forestry Corporation to court. 

Her statement about the events reads: “We have given our notice of Trespass to the Forestry Corporation and demanded they stop the logging of all Gumbaynggirr Country for lack of jurisdiction and no conciliation or consent. 

The NSW Government and Forestry Corp are breaching international and domestic law under the international declaration of Indigenous Peoples' rights. 

"We are the Gumbaynggirr people, sovereign custodians of Gumbaynggirr Country, land and waters and we demand an end to logging in these irreplaceable and incredibly ancient publicly-owned forests. 

Logging must be stopped immediately and they must be conserved for all beings to enjoy.” 

The sections of the forest that were scheduled to be logged at Wild Cattle Creek are critically important. Not only are they unceded Gumbaynggirr Country, but the forest remains a piece of unburnt refuge for koalas in the area, as it was narrowly missed by the Liberation Trail bushfire last November.

Sydney Criminal Lawyers, 3 July 2020:

The anti-logging campaign the Gumbaynggirr Conservation Group has recently launched in northern NSW is doing exceedingly well. And the word is that the model it’s using to gain all the traction may soon be mirrored across the continent. 

Back in April, by cover of COVID, the construction of roads into the Nambucca State Forest commenced, with a view to opening up the area for logging. 

This native forest escaped the wrath of last summer’s unprecedented bushfires, but evidently not that of the Berejiklian government. 

The Forestry Corporation of NSW then moved in to commence logging in May. The state-owned company has said it’s only conducting “low intensity thinning” of “regrowth” forest, however local custodians, the Gumbaynggirr people, assert that this isn’t the case. 

But, despite loggers having moved in with machinery, the traditional owners and their allies have had them on the run. A series of lock-ons in Nambucca last week saw them scamper over to the Wild Cattle Creek State Forest this week, where further lock-ons have seen operations halted there. 

Sign of the times 

The Gumbaynggirr people were handed back their land through the native title process in 2014. And today, it’s the native title holders and conservation organisations that have joined together to form the Gumbaynggirr Conservation Group (GCG). And it’s been running quite a campaign of firsts. 

NSW Forestry announced it was pausing operations in Nambucca State Forest on 5 June for five days, to allow the GCG to undertake an independent cultural heritage survey. 

This was the first time logging had ever been halted since the NSW regional forestry agreement came into play 20 years ago. 

And further, the Gumbaynggirr people are taking the NSW Forestry Corporation to the state Land and Environment Court, which is the first time it has been taken to court by an individual organisation in decades. 

Then there’s the Gumbaynggirr Conservation Group itself. Having established the Gumbaynggirr Tent Embassy in Nambucca in mid-May, the GCG is an alliance that’s forging a new type of activism, which organisers maintain will soon be replicated at other sites nationwide. 

GCG spokesperson Sandy Greenwood has said that if NSW Forestry isn’t stopped “deeply significant cultural heritage will be desecrated, our beautiful old growth trees will be logged, rare flora will become extinct and our koalas and endangered species will literally have nowhere else to go”....

Wild Cattle Creek State Forest. Image: Dean Tresize 

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.