31 July 2024 – The Forestry Corporation of NSW (FCNSW) has been fined $360,000 for violating conditions set by the NSW Environment Protection Authority (EPA) aimed at aiding the recovery of the Yambulla State Forest near Eden, following the devastating Black Summer fires.
In her judgement, Justice Pepper found: “…FCNSW’s offending conduct was not trivial and occasioned substantial actual and potential environmental harm. FCNSW will continue to undertake forestry harvesting activities and has not sufficiently demonstrated genuine contrition and remorse for its commission of the offences.”
The penalty was handed down today by the Land and Environment Court after FCNSW pleaded guilty to two offenses. These offenses stemmed from the corporation’s failure to identify two environmentally significant areas on its operational map, which led to the illegal felling of 53 eucalypt trees in one of those protected areas.
These actions were in direct violation of the Coastal Integrated Forestry Operations Approval and the Site-Specific Operating Conditions implemented by the EPA to protect the South Coast bushland, heavily impacted by the 2019/20 bushfires.
Justice Pepper determined that the logging in these areas likely caused harm to several threatened species.
Our report on the latest fine incurred by FCNSW for illegal logging continues after this advertisement:
Justice Pepper in the NSW Land and Environment Court determined that the NSW Government’s logging company, Forestry Corporation (FCNSW), was found to have failed in its duty to protect areas that were unburnt or lightly burnt in Yambulla State Forest following the 2019/20 bushfires.
“The court’s judgement included an acknowledgement that Forestry Corporation has a “significant history of unlawfully carrying out forestry operations” in NSW. The public are right to ask, why is Forestry Corporation being allowed by the Minns Government to continue logging our precious native forests when it has a clear history of breaking the law and is subject to numerous current investigations into other potential illegal logging,” Forest Alliance NSW spokesperson Justin Field said.
EPA condemned Forestry Corporation of NSW
Jason Gordon, EPA Executive Director of Operations, condemned the breaches, stating they were entirely unacceptable and expressed approval of the Court’s conviction.
“These special conditions were introduced to protect parts of the forest that weren’t as damaged by fire, giving wildlife and biodiversity an opportunity to recover,” Gordon said. “FCNSW contractors cut down a total of 53 eucalypt trees in an ‘unburned’ environmentally significant area that was home to important shelters and food resources for local wildlife or native plants,” the EPA continued.
Gordon emphasized the responsibility of FCNSW and its contractors to adhere to the rules, highlighting the failure to mark the area off-limits in the operational map used for harvesting operations.
The Court found that the unauthorized harvesting caused substantial environmental harm, impacting the refuge of various native flora and fauna species. Additionally, the Court noted the potential harm to threatened bird species such as the Dusky Woodswallow, Scarlet Robin, and the Varied Sitella, which are known to inhabit the area.
FCNSW has been ordered to cover the EPA’s legal costs and to publish details of the convictions in the Sydney Morning Herald, the Daily Telegraph, and the Merimbula News Weekly.
“This is a reoccurring behavior by Forestry Corporation and the time has come to end native forest logging for the sake of our precious endangered species, and the cost to the public purse. Enough is enough” said Mr Daines.
“We welcome this substantial fine given the egregious violations of the law by the state owned logging company but the question for the Minns Government is when will enough be enough?” Justin Field said.
“Today’s court findings seem to confirm that Forestry Corporation is a rogue agency. They can’t be trusted with our forests,” said Scott Daines spokesperson for South East Forest Rescue.
“Fines clearly aren’t enough to stop Forestry Corporation’s destruction of endangered species habitat,” said Nature Conservation Council NSW (NCC), Chief Executive Officer, Jacqui Mumford.
“FCNSW cannot be trusted with our precious native forests. It’s time for the NSW Government to protect these forests once and for all by ending native forest logging,” Ms Mumford said.
Greens MP Criticizes Forestry Corporation for Environmental Violations
Greens MP and environment spokesperson, Sue Higginson, has condemned the Forestry Corporation of NSW following their conviction and $360,000 fine for illegal logging activities. Higginson emphasized that these actions are not isolated incidents.
“The crimes committed by the Forestry Corporation on this occasion are not isolated, and their ongoing logging of native forests in NSW is regularly reported by the community as having occurred unlawfully,” she stated.
Higginson highlighted the lengthy investigation process, noting that the conviction took over four years to complete, during which time numerous other unlawful logging operations were carried out. She argued that this undermines the legal requirements Forestry Corporation must adhere to and reveals systemic failures in enforcing compliance to protect native forests and threatened species.
“The Court found that there is a high likelihood of the Forestry Corporation reoffending and that it does not have good prospects of rehabilitation. These findings are a damning indictment of Forestry Corporation’s integrity and demonstrates why we are calling for them to be barred from logging our public native forests,” she added.
Higginson pointed out the financial impact of the fine, which represents a significant portion of the dividend expected to be returned to NSW by the Forestry Corporation. She noted that this single breach accounted for 4% of Forestry’s entire expected return for 2024-25.
“The Government is ultimately responsible for the Forestry Corporation, and have a duty to protect the people and environment of NSW from this rogue state-owned corporation. Every day that this untrustworthy Corporation is doing more damage to the forests, and all at the expense of the people of NSW,” she concluded.
Illegal logging elsewhere
Styx River State Forest
This judgement comes on the heels of recent disclosures by South East Forest Rescue, revealing that Forestry Corporation had illegally logged exclusion zones for Greater Glider den trees in the Styx River State Forest on the state’s north coast.
“In Styx River State Forest, despite being notified of Greater Glider den trees requiring an exclusion zone, Forestry Corporation failed to map these and then logged them. EPA is investigating and probably, in four years time, FCNSW could be fined up to $2million for the offences. But of course, it is the people of NSW who pay the fine and endangered animals that cop the damage,” South East Forest Rescue spokesperson, Scott Daines said.
Wild Cattle Creek
NEFA spokesperson Dailan Pugh stated that they have been waiting since July 2020 for Forestry Corporation to be fined for illegally logging ancient giant and hollow-bearing trees in Wild Cattle Creek State Forest, located north of Dorrigo, NSW.
“Justice is far too slow, the Forestry Corporation can go on committing similar offences for years before they are held to account for their environmental crimes,” Dailan Pugh said.
“To deter these serial offenders we need quicker regulatory responses, along with requirements to rehabilitate the illegally logged areas, and permanently protect compensatory habitat,” Mr. Pugh concluded.
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