Geoff Helisma
The NSW Environment Protection Authority (EPA) is prosecuting Forestry Corporation of NSW (FCNSW), for the second time this year, for allegedly felling giant and hollow-bearing tees in Wild Cattle Creek State Forest, at the headwaters of the Nymboida River.
The EPA alleges that the actions of FCNSW – a NSW Government-owned corporation – resulted in a “failure to retain local wildlife habitat”.
The EPA alleges in a media release, that nine breaches occurred in 2020, including the failure of FCNSW to retain six giant trees, seven hollow bearing trees and allowing “harvesting debris [to] … accumulate within five metres of the base of a retained tree – such debris can be a fire hazard”.
EPA’s acting executive director of regulatory operations, Cate Woods, said, “Wild Cattle Creek State Forest is home to koalas that rely on critical habitat like giant and hollow bearing trees.
“There are strict forestry rules in place to protect these trees and preserve habitat that offers important shelter and food to local wildlife.
“All forestry operations in coastal areas must comply with the Coastal Integrated Forestry Operations Approvals, which contain strict operating rules that must be adhered to.
“…Non-compliance will not be tolerated, and the EPA will thoroughly investigate alleged breaches of the rules and hold forestry operators to account.
“Each breach carries a maximum penalty of $2million.”
On June 9, 2022, the Land and Environment Court convicted FCNSW of several offences that took place “during April to September 2018”.
“During these harvesting operations, Forestry Corporation of NSW failed to comply with a condition of a biodiversity conservation licence, in that Forestry Corporation of NSW conducted forestry activities in areas that were required to be protected,” FCNSW’s Facebook Page states, as ordered by the court.
“Forestry Corporation of NSW felled four large trees and constructed and operated snig tracks within a koala high use area exclusion zone; felled three trees in areas of mapped rainforest; and felled two trees in an exclusion zone around warm temperate rainforest in breach of s 2.14(4) of the Biodiversity Conservation Act 2016 (NSW).
“As a result, the harvesting operations harmed koala breeding habitat and rainforest.
“…The Land and Environment Court of NSW convicted Forestry Corporation of NSW of the offences and ordered Forestry Corporation of NSW to pay fines totalling $135,600 and to pay the EPA’s costs in the sum of $150,000.”
Regarding the current prosecution, an FCNSW spokesperson emailed the following response to the Independent: “It would not be appropriate to comment on the merits of this prosecution while the matter is before the courts.
“Timber is an important resource for the community, and we work hard to ensure it is produced responsibly.
“There are strict environmental regulations that apply to forestry operations, and we recognise the importance of complying with these.
“We have employed more staff in compliance, planning and monitoring roles, invested in improving technology, and continually review our systems, processes and training to ensure we fully adhere to all of the environmental rules.”
The EPA cited the following cases in its media release: “In June 2022, FCNSW was convicted of seven offences following EPA prosecutions for breaches in Wild Cattle Creek State Forest and Dampier State Forest and issued a penalty for an alleged breach in South Brooman State Forest. Together, fines and costs from these incidents have cost FCNSW more than $500,000.
“On 10 June the EPA launched a prosecution alleging FCNSW breached conditions imposed to aid the recovery of the Yambulla State Forest, near Eden after the 2019/20 bushfires.”