The North East Forests Alliance (NEFA) has called for ministerial intervention in response to a Land and Environment Court ruling. NEFA, represented by the Environmental Defenders Office (EDO), brought the state government-owned logging company to court in August, seeking to halt logging activities in Braemar and Myrtle State Forests.
Braemar and Myrtle State Forests are crucial koala habitats and were severely impacted by the devastating Black Summer Bushfires of 2019-20.
NEFA contended that the logging approvals granted by the NSW Forestry Corporation lacked validity as they did not align with the principles of ecologically sustainable forestry management (ESFM).
NEFA further argued that the Forestry Corporation of New South Wales (FCNSW) had a legal obligation to seek site-specific conditions from the Environmental Protection Authority (EPA) regarding post-fire logging measures, rather than relying on its own “voluntary measures.”
However, Justice Pritchard dismissed these arguments, asserting that the government had already considered and applied ESFM during the establishment of the logging rules (the Coastal Integrated Forestry Operations Approval) in 2018.
Additionally, Justice Pritchard concluded that the special conditions process did not extend to harvesting plan approvals.
NEFA’s call for ministerial intervention underscores ongoing concerns about the protection of fire-affected habitats and the legal mechanisms governing logging activities in these vital forested areas.
The court’s decision sparked protests including a blockade at the entrance of the Forestry Corporation’s headquarters in Pennant Hills. Dr Lisa Searle attached herself to the gate, preventing access to the site.
“The destruction of Australia’s remaining native forests has to stop. Threatened and endangered species like the Greater Glider and the iconic Koala are being pushed further and further to the brink of extinction every day, at the hands of FCNSW and the government. The hour is later than we think, and we have to stop this industry for good, before these and other species are lost forever.” Dr Searle said.
Greens MP and spokesperson for the environment Sue Higginson said:
“The ruling by the court has laid bare the inadequacies of the law where logging can directly exacerbate the local and statewide extinction of koalas and yet still be apparently compliant with the logging approvals”
“Activists have taken direct action at the Forestry Corporation headquarters because they are directly responsible for the dangerous and damaging logging of our public forest that are vital refuges for koalas. It is devastating for communities who know and witness the harm that is happening in our public native forests,” Greens MP and spokesperson for the environment Sue Higginson said
Despite community efforts to address this issue through the legal system, the effectiveness of court interventions is limited when existing rules, established in the 1990s, prove insufficient.
Both the forests and the communities striving to safeguard them now seek a political resolution and are urging Premier Chris Minns to address the pressing concerns.
Dr. Steve Phillips, a prominent koala expert, presented testimony in court, asserting that the logging activities in Braemar and Myrtle State Forests in the northeastern part of the state are exacerbating the decline of koalas in the region, potentially resulting in local extinction.
The court’s determination that such logging is legally permissible starkly highlights the inadequacy of current laws in safeguarding vital habitats and preventing the looming threat of extinction.
EDO Managing Lawyer Andrew Kwan said:
“While the decision is disappointing, importantly the court ruled that it was open for NEFA to take the action.
“We welcome confirmation for the first time that the community can take critical action in the court to protect native species in circumstances where the authority to log state forests is disputed.
“We will be looking at this decision closely and speaking to our clients over the coming days to discuss next steps,” EDO Managing Lawyer Andrew Kwan said.
Braemar and Myrtle State Forests are situated in a region where wildfires have reportedly diminished the koala population by 70 percent or more, according to expert assessments. NEFA’s independent surveys affirm the continued presence of koalas, underscoring the critical need to safeguard the area.
Before the fires, these forests served as the habitat for 23 other endangered species, including the southern greater glider, yellow-bellied glider, rufous bettong, masked owl and squirrel glider.
What’s next?
There is another an active case before the Federal Court brought by NEFA which challenges the entirety of the North East Regional Forest Agreement. A verdict in this case is expected within the next month.
In the legal challenge to New South Wales Regional Forest Agreement (RFA), EDO argue that when the North East RFA was renewed in 2018, the Commonwealth did not assess climate change, endangered species or old growth forests as required to do so
NEFA
NEFA expressed profound dismay over the significant loss suffered by this nationally important koala population, emphasising their commitment to persist in their campaign for their protection.
During the court proceedings, the Forestry Corporation contended that the Environmental Protection Authority (EPA) possessed the authority to modify logging regulations whenever it deemed necessary.
However, despite this acknowledgment, Forestry Corp has consistently resisted the EPA’s efforts to implement enhanced logging practices aimed at mitigating impacts in fire-affected forests and minimising harm to Koalas.
While acknowledging the Forestry Corporation’s point about the EPA’s regulatory flexibility, NEFA contends that the EPA lacks the necessary political will to exercise this authority.
Given the compelling expert evidence presented in court regarding the adverse effects of fires and logging on koalas, NEFA urges the Environment Minister to instruct the EPA to fulfill its responsibilities and amend the rules accordingly.
“The approvals that are currently driving koalas and other forest dependent threatened species, like the Greater Glider, to extinction are controlled by the government and they must act urgently to curb the extinction logging that the Forestry Corporation are engaging in”
“Native forests in NSW are suffering at the hands of weak protections, inadequate laws and a Government bereft of courage. The courage of the community to take action as needed and to raise awareness about the parlous state of native forests in NSW is incredibly important and vital to ensure that we have forests still standing for the future” Ms Higginson said.
Related stories
Legal challenge to NSW Regional Forest Agreement (RFA)
Our ongoing coverage of the koala and forest issue
