Forestry Corporation of NSW has a long history of fines from the Environmental Protection Authority. Either the workplace culture at Forestry Corporation is toxic, with inherent and blatant disregard for environmental protection policies and laws, or the whole concept is unmanageable and inappropriate.
Or both.

Forestry Corporation of NSW in court for alleged breaches of 2019/20 bushfire harvest rules

20 June 2022 – The NSW Environment Protection Authority (EPA) launched a prosecution alleging Forestry Corporation of NSW (FCNSW) breached conditions imposed to aid the recovery of the Yambulla State Forest, near Eden after the 2019/20 bushfires. The EPA alleges more than 50 trees were cut down in an “unburned” and “partially burned” environmentally significant areas.

The Authority alleges that between March and July 2020, FCNSW’s contractors carried out harvesting operations, including operating machinery and cutting and removing 53 trees in a Category 1 Environmentally Significant Area in the Yambulla State Forest.

These actions if proven, would contravene the conditions of forestry rules, the Coastal Integrated Forestry Operations Approval, and the Site-Specific Operating Conditions issued by the EPA after the 2019/20 bushfires.

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

“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,” Mr Sheehy said.

“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,” Mr Sheehy said.

The EPA alleges the breach occurred because FCNSW failed to mark the area as off-limits in the operational map used for the harvest.

It alleges the map used by FCNSW’s contractors did not show two known Environmentally Significant Areas, one being a “partially burned area” and the other being the “unburned area”.

“Mapping activities are a legal requirement and must be carried out correctly by forestry operators,” Mr Sheehy said.

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

EPA launches another FCNSW prosecution for alleged forestry breaches

12 July 2022 – The NSW Environment Protection Authority (EPA) has launched its second prosecution this year against Forestry Corporation of NSW (FCNSW) for allegedly failing to retain habitat for local wildlife, by felling giant and hollow-bearing trees in Wild Cattle Creek State Forest, near Coffs Harbour.

The Authority alleges nine breaches occurred as a result of forestry operations in 2020 including the failure of FCNSW to retain six giant trees and seven hollow bearing trees.

In addition, the EPA alleges FCNSW failed to ensure harvesting debris did not accumulate within five metres of the base of a retained tree. Such debris can be a fire hazard.

EPA Acting Executive Director Regulatory Operations Cate Woods said protection of giant trees and hollow bearing trees was important because they can provide significant habitat and biodiversity value for threatened species like the koala.

“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.

“Stringent procedures must be in place to ensure breaches do not occur. Harvest plans must be clearly defined and habitat trees such as giant trees and hollowing bearing trees must be clearly marked. 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 $2,000,000.

Prosecution is one of the tools the EPA uses to achieve the best environmental or human health outcomes. Our regulatory approach includes a wide variety of options. Find out more about them here https://www.epa.nsw.gov.au/about-us/publications-and-reports/regulatory-strategy.

Alleged non-compliance with forestry regulations costs Forestry Corporation NSW

23 June 2022 – Forestry Corporation of NSW (FCNSW) has been fined $15,000 for allegedly failing to comply with a post bushfire condition imposed to protect critical habitat in a forest near Batemans Bay.

The Site Specific Operating Condition required FCNSW to permanently retain all hollow bearing trees. Hollow bearing trees are important to many native animals in the forest, including threatened species that are dependent on these trees for their survival.

EPA Acting Executive Director Regulatory Operations Regional Greg Sheehy said these conditions were aimed at protecting our environment from further harm after the forest was damaged by fires.

“The requirement to retain all hollow bearing trees was clear and it’s concerning that better systems were not put in place to ensure compliance.

“FCNSW forest management and activities did not meet our expectations and the EPA has put them on notice that failing to meet standards is unacceptable,” Mr Sheehy said.

The Penalty Infringement Notice was issued for allegedly failing to comply in Compartment 58A in South Brooman State Forest.

In July 2020 the EPA issued FCNSW with a Stop Work Order to stop the harvesting of trees in part of the forest for 40 days, after an inspection found hollow bearing trees that were either damaged or felled.

The penalty followed the resumption of logging in that area, after FCNSW were required to put in place additional checks to ensure they met the conditions.

$15,000 is the largest fine the EPA is able to issue under the legislation.

Forestry Corporation NSW fined for forestry activities near Coffs Harbour

16 June 2022 – 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.

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.

Forestry Corporation fined for destroying native animal habitat

11 April 2022 – Destroying the habitat of endangered species has cost Forestry Corporation of NSW (FCNSW) $45,000 in fines.

The EPA issued three $15,000 Penalty Infringement Notices to FCNSW for felling hollow bearing trees across three areas in Mogo State Forest in 2020.

These trees provide vital habitat for endangered species. Forestry Corporation has appealed against one of the fines.

The EPA set Site Specific Operating Conditions for forestry activity in the Mogo State Forest following damage from the 2019/20 Black Summer Bushfires.

EPA Executive Director Regulatory Operations Carmen Dwyer said these conditions were in place to provide additional environmental protections for damaged forests, including the requirement to permanently retain all hollow bearing trees, which were particularly important for the habitat of native animals.

“The ongoing survival of endangered hollow-dependent species relies on the availability of trees across the landscape with a range of hollow shapes and sizes,” Ms Dwyer said.

“Any decrease in the availability and diversity of tree hollows can lead to a significant loss of species diversity and abundance.”

This is the largest fine the EPA is able to issue for these offences under legislation.

Forestry Corporation fined $33K for failing to keep records, endangering parrots

01 March 2021 – The NSW Environment Protection Authority (EPA) has issued Forestry Corporation of NSW (FCNSW) with two penalty notices for allegedly not including the critically endangered Swift Parrot records in planning for operations, and has also delivered three official cautions for an alleged failure by FCNSW to mark-up eucalypt feed trees, an essential source of food for the birds, prior to harvesting.

The EPA became aware in 2019 that records of the critically endangered Swift Parrot were not included by FCNSW in planning NSW south forestry operations in Boyne, Bodalla and Mogo State forests.

It is alleged that FCNSW had records of Swift Parrots in these forests during the planning of the operations but failed to compile and include them in pre-harvesting surveys, as required.

EPA Executive Director of Regional Operations Carmen Dwyer said the failure to consider all available records during the planning phases of forestry harvesting operations could result in environmental harm and potential impacts on threatened species.

“The harvest and haul plans for the three operations confirm the Swift Parrot records were not considered and therefore the marking and retention of eucalypt feed trees did not occur either.

“The Swift Parrot is on the Commonwealth’s critically endangered list and as the state’s environmental regulator, we are focused on protecting species that depend on the forest for their survival.”

Ms Dwyer said the EPA takes forestry offences seriously and investigates all alleged breaches.

“It is our duty to ensure forestry operations adhere to the standards and rules required and the EPA will not hesitate to take action if breaches are identified.”

The EPA has issued FCNSW with a $16,500 penalty for each of the two breaches.

Forestry Corporation fined for failing to mark out a prohibited logging zone

26 February 2021 – The NSW Environment Protection Authority (EPA) has issued two penalty notices and one official caution to Forestry Corporation of NSW (FCNSW) for allegedly contravening regulatory requirements, in the Ballengarra State Forest in the mid north coast of NSW.

EPA Officers conducting inspections of the area following a harvesting operation identified 10 freshly cut mature trees within the hard and soft protection zones of a second order stream; a significant amount of debris pushed into a stream bed; and evidence of machine access, and earthworks caused by harvesting machinery within a protected zone.

EPA Executive Director of Regional Operations Carmen Dwyer said riparian zones, important areas directly adjacent to streams and waterways, had boundaries around them to prevent waters and dependent aquatic animal and plant life from being polluted or affected during harvesting operations.

“By failing to mark up the physical protection zone boundary in the field, FCNSW contravened a condition of the Integrated Forestry Operations Approval for the area where they were operating west of Port Macquarie,” Ms Dwyer said.

“Riparian zones must be marked up prior to an operation commencing, so they are identifiable and protected from logging operations. This failure to correctly mark the location resulted, in turn, in further contraventions.”

The EPA has issued FCNSW with a total penalty of $30,000, comprising $15,000 for two breaches and an official caution for a subsequent breach.

Ms Dwyer said the EPA takes forestry offences seriously and investigates all alleged breaches.

“The EPA actively monitors forestry operations at all stages of logging operations – pre, post and during harvesting,” Ms Dwyer said.

“As the state’s environmental regulator, we are focused on ensuring forestry operations adhere to the standards required and will not hesitate to take action if breaches are identified.”

Forestry Corporation fined for failing to mark out a prohibited logging zone

18 February 2021 – The NSW Environment Protection Authority (EPA) has fined Forestry Corporation of NSW (FCNSW) for allegedly failing to mark up a protected zone during a logging operation on the NSW Central Coast.

EPA officers identified the alleged licence breach while inspecting a harvest site in Olney State Forest.

FCNSW logged the compartment in the forest between January 2019 and March 2020.

An EPA post-harvest site inspection in April 2020 found FCNSW had failed to mark a riparian exclusion zone boundary, contrary to the requirements of the Integrated Forestry Operations Approval held by FCNSW.

EPA Executive Director of Regional Operations Carmen Dwyer said riparian zones were important areas directly adjacent to streams and waterways.

“Riparian zones are environmentally sensitive areas which must be marked up prior to an operation commencing, so they are identifiable and protected from logging operations,” Ms Dwyer said.

“These zones are vital to protect our waterways, animal habitat and forest biodiversity.

“The degradation or removal of riparian vegetation can impact on aquatic life by polluting streams, eroding stream banks, removing shade and natural water filters, and allowing exotic species to flourish.”

The alleged failure to mark the exclusion zone resulted in three mature trees being felled and 0.23 hectares of riparian vegetation removed to create a snig transport track. Surrounding vegetation in the area was also disturbed during the logging.

The EPA has issued FCNSW with a $15,000 penalty for the breach.

Ms Dwyer said the EPA takes forestry offences seriously and investigates all alleged breaches.

“The EPA actively monitors forestry operations at all stages of logging operations – pre, post and during harvesting,” Ms Dwyer said.

“As the state’s environmental regulator, we are focused on ensuring forestry operations adhere to the standards required and will not hesitate to take action if breaches are identified.”

EPA prosecutes Forestry Corporation for alleged breaches in koala exclusion zones

08 October 2020 – The NSW Environment Protection Authority (EPA) has commenced five prosecutions in the Land and Environment Court against Forestry Corporation of NSW for allegedly breaching licence requirements in 2018 in Wild Cattle Creek State Forest, inland from Coffs Harbour.

The charges relate to the alleged felling of trees by Forestry Corporation’s contractors in exclusion zones and protected areas, some of which are specifically set up to protect koala habitat.

EPA Acting Chief Executive Officer Jacqueleine Moore said it was unacceptable to put vulnerable species, such as the koala, in danger by breaking the rules.

“We have strict procedures in place to protect wildlife, and if they are disregarded it can put these animals under threat,” Ms Moore said.

The EPA alleges that Forestry Corporation’s contractors felled trees and operated snig tracks (tracks created by harvesting machinery) within a koala high use area exclusion zone located within Compartment 539 of the forest.

The EPA also alleges that the contractors felled trees in protected rainforest areas and an exclusion zone around warm temperate rainforest, located in Compartments 539 and 540 of the forest, in breach of Forestry Corporation’s licence.

The two offences relating to koala exclusion zones carry a maximum penalty of $440,000 each, while the other three offences carry a maximum penalty of $110,000 each.

The prosecutions are listed for mention before the Land and Environment Court on 16 October 2020.

“In this instance, after a long investigation process that involved interviews and a consultation process with Forestry Corporation, the EPA has decided that these actions warrant prosecution.

“We’re sending a strong message that laws created to protect the environment, and in particular vulnerable species like the koala, must be adhered to,” Ms Moore said.

This action follows a Stop Work Order issued by the EPA to Forestry Corporation for the felling of two protected giant trees in Wild Cattle Creek State Forest in July 2020.

Prosecution is the most serious tool the EPA can use to achieve environmental compliance. Other tools including formal warnings, official cautions, licence conditions, notices and directions. For more information about the EPA’s regulatory tools, see the EPA Compliance Policy at www.epa.nsw.gov.au/legislation/prosguid.htm

EPA orders Stop Work on forestry operations in South Brooman State Forest

23 July 2020 – The NSW Environment Protection Authority has issued Forestry Corporation of NSW with a Stop Work Order to cease tree harvesting in part of South Brooman State Forest near Batemans Bay.

It is the second time in less than a week that a Stop Work Order has been issued to Forestry Corporation.

EPA Executive Director Regulatory Operations Carmen Dwyer said EPA investigations into operations in Compartment 58a of the forest had revealed serious alleged breaches of the rules that govern native forestry operations, in relation to the protection of trees that must be permanently retained.

“Officers allegedly found 26 hollow bearing trees that were either felled or damaged, with many of these trees also not identified and mapped in the planning phase.

“This area is known to be home to several threatened species that use hollow bearing trees. The Yellow-bellied Glider, the Glossy-Black Cockatoo and the Powerful, Masked and Sooty Owls are all listed as vulnerable species and may use hollow bearing trees for habitat,” Ms Dwyer said.

“The importance of identifying, mapping and protecting these vital trees is a key requirement and there should be proper processes in place to ensure compliance.”

After the recent Black Summer bushfires, the EPA imposed additional site-specific conditions on the existing strict environmental controls – called the Coastal Integrated Forestry Operations Approval (IFOA) – to mitigate the specific environmental risks caused by the bushfires at each site, including impacts on plants, animals and their habitats, soils and waterways.

The site-specific conditions include the requirement to identify, map and permanently retain all trees with hollows, whether alive or dead.

As a result of the seriousness of the alleged breaches, the EPA has issued a Stop Work Order under the Biodiversity Conservation Act to stop Forestry Corporation logging in the relevant compartment. 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 IFOA including the site-specific conditions.

It follows a Stop Work Order issued for Wild Cattle Creek State Forest near Coffs Harbour on Saturday for felling two protected giant trees.

“This is the first Stop Work Order the EPA has issued for breaches of the site-specific conditions put in place for burnt forests and is necessary because failure to properly map and retain hollow bearing trees could result in irreparable environmental harm,” Ms Dwyer said.

The investigation into the matter is ongoing and non-compliance with the Coastal IFOA can attract a maximum penalty as high as $5 million.

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

18 July 2020 – 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.

Forestry Corporation fined $31,100 after EPA investigation

27 April 2020 – The NSW Environment Protection Authority has fined Forestry Corporation of NSW following investigations into forestry operations in southern NSW.

EPA Director Regional Operations South Nigel Sargent said the EPA’s investigations found that Forestry Corporation had breached the Southern and Eden Integrated Forestry Operations Approval by not properly marking important trees needed to protect native animal habitat and the environment.

“To maintain biodiversity in the forest, the Integrated Forestry Operations Approval requires loggers to mark and retain a number of habitat trees and mark the boundaries of environmentally sensitive areas where logging activities are not permitted.”

Forestry Corporation has been fined $30,000 for two alleged offences in Tantawangalo State Forest on the far south coast in 2019 and separately, $1,100 for an alleged offence in Bago State Forest in the Southern Tablelands in 2018, under the previous, lower, penalty schedule.

Forestry Corporation was fined $15,000 for not marking an adequate number of trees for retention in Tantawangalo State Forest and $15,000 for not marking the boundary of an environmentally sensitive area as an exclusion zone, required to protect the habitat of the Powerful Owl.

The alleged offence in Bago State Forest relates to not marking an adequate number of habitat trees that needed to be retained.

“The EPA continues to closely monitor forestry operations in southern NSW, despite the current COVID-19 restrictions, to ensure compliance with the regulations,” Mr Sargent said.

“The EPA investigation followed information received from the community. The community can be confident that any alleged non-compliance during forestry operations will be investigated.”

Forestry Corporation has reported to the EPA that they have implemented processes to improve staff training of forest retention obligations.

EPA fines Forestry Corp $16,500 for Gibberagee State Forest offence

10 April 2019 – The NSW Environment Protection Authority has fined Forestry Corporation of NSW (FCNSW) a total of $16,500 after the organisation allegedly conducted forestry activities in an exclusion zone of a rare, threatened plant in Gibberagee State Forest.

The $16,500 penalty notice was issued under the Biodiversity Conservation Act 2016 for a breach of the Integrated Forestry Operations Approval for the Upper North East Region (IFOA).

The EPA alleges that in September 2017, FCNSW failed to implement the required protections for the rare threatened plant, Melichrus Gibberagee, despite knowing of its location.

EPA officers inspected the site and reported that multiple trees had been cut down and a large area of groundcover had been disturbed around the Melichrus plant. While the plant itself remained unharmed at the time of the inspection, EPA officers determined that the disturbance in the exclusion zone was contrary to the requirements of the IFOA.

“Exclusion zones are not suggestions – they are firm boundaries that must be implemented during forestry operations to protect important habitat and threatened species, including Melichrus,” EPA Acting Director Forestry Jackie Miles said.

“The Melichrus is an extremely rare plant – it is only known to occur in and around the Gibberagee State Forest.

“While FCNSW took some steps to protect the Melichrus plant in the forest, the EPA believes there was a failure to put this plant’s protection as a priority in their planning and operations.

“We take all forestry offences seriously. The community can be confident that the EPA will take all necessary regulatory action to ensure that forestry operations comply with the IFOA and are regulated to ensure the appropriate balance between protecting the environment and delivering the State’s timber needs.”

In January, the EPA also issued FCNSW two official cautions and two formal warnings for allegedly breaching the requirements of the IFOA. This included allegedly undertaking forestry operations in excluded areas, failing to mark protected features and for inadequate selection and protection of trees with hollows.

The EPA is continuing to investigate several community reports of alleged forestry breaches in the Gibberagee area. Members of the community are encouraged to report their concerns to the 24/7 Environment Line on 131 555.

Penalty notices are one of several tools the EPA can use to achieve environmental compliance including formal warnings, official cautions, licence conditions, notices and directions and prosecutions. For more information about the EPA’s regulatory tools, see the EPA Compliance Policy at www.epa.nsw.gov.au/legislation/prosguid.htm