Forestry Corporation of NSW (FCNSW) has been ordered to pay $104,000 for the unlawful felling of hollow-bearing trees in Mogo State Forest on the South Coast in March 2020.
This verdict was reached subsequent to FCNSW contesting one of the three $15,000 penalty infringement notices issued by the NSW Environment Protection Authority (EPA). The violation pertained to breaching site-specific operating conditions established in the aftermath of the destructive 2019/20 black summer bushfires.
According to these conditions, FCNSW was mandated to permanently preserve all hollow-bearing trees to mitigate the loss of habitat for species dependent on tree hollows.
After the legal challenge, FCNSW was found culpable of the offense under the Forestry Act 2012 in Bega Local Court in November 2023. The Magistrate affirmed that all four trees in question exhibited visible hollows before being felled.
The judgment was rendered in Batemans Bay Local Court recently, convicting FCNSW and imposing a fine of $20,000 along with an additional $84,340 payable to the EPA as legal costs.
Jason Gordon, the EPA Executive Director of Regulatory Operations, expressed satisfaction with the sentence, asserting that the court’s decision aligns with the EPA’s stance that the visibility of tree hollows must undergo a comprehensive assessment, scrutinized from various angles.
“All hollow-bearing trees, living or dead, are important because they provide vital habitat for endangered and native species,”
“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.”
Mr Gordon said.
During the sentencing, the Magistrate emphasized the imperative for a vigilant stance on environmental protection, asserting that the community regards environmental offenses with utmost seriousness.
The Magistrate mandated that FCNSW disseminate information about the offense and the corresponding orders in prominent publications, specifically the Sydney Morning Herald and the Bay Post/Moruya Examiner. This directive aims to send a resounding message of deterrence.
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