The organisation responsible for managing timber production in NSW’s state-owned native and plantation forests has been ordered to pay $450,000 in penalties after prosecution by the NSW Environment Protection Authority (EPA).
Forestry Corporation of NSW (FCNSW) was convicted and sentenced over the illegal logging of six giant and three hollow-bearing trees in Wild Cattle Creek State Forest near Coffs Harbour in June and July 2020.
The NSW Land and Environment Court found that the logging of these trees by FCNSW contractors caused harm to koala habitat within forest that now forms part of the footprint of the Great Koala National Park. The Court also found that the offences caused substantial cultural harm to the Gumbaynggirr people’s connection to Country.
The sentence follows a landmark restorative justice conference involving the Gumbaynggirr Traditional Custodians, the EPA, and FCNSW, the first time such a process has been used for a forestry-related offence in the state.
NSW EPA CEO, Tony Chappel, said the court’s recognition of the cultural harm caused in this instance represents a significant precedent in NSW.
“This judgment makes it unmistakably clear – the loss of these giant and hollow-bearing trees caused real harm, not only to koala habitat but also to the cultural fabric of the Gumbaynggirr people.
“Being able to work with traditional owners and custodians through the restorative justice process is an important step in understanding and acknowledging the specific cultural harm that environmental damage can engender, as well as providing an additional pathway to justice.
“As a result of the conference, the full penalty of $450,000 will be paid to the Yurruungga Aboriginal Corporation (YAC) to manage several projects in Wild Cattle Creek State Forest that will focus on remediation and cultural mapping and support the creation of the Gumbaynggirr Guardians rangers' program.
“This was a serious failure by FCNSW in the planning of forestry operations and the identification of trees that must be retained.
“These ancient, giant and hollow-bearing trees provided significant habitat and biodiversity value and are irreplaceable.
“There are strict forestry rules in place to protect this habitat and tress of this kind, and we will continue to hold forestry operations to account.”
The court orders also require FCNSW to:
- engage in genuine and meaningful consultation on relevant future harvesting with the Gumbaynggirr people;
- hire an independent consultant to conduct an audit of FCNSW’s resourcing, training, internal procedures and policies on identifying and retaining giant and hollow-bearing trees, and to implement recommendations; and
- publish a notice regarding the offences and sentence in several local, state and industry publications.
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 Integrated Forestry Operation Approval. The ongoing survival of endangered hollow-dependent species, such as greater gliders, relies on the availability of trees across the landscape with a range of hollow shapes and sizes.
In 2022, FCNSW was also required to pay fines and costs totalling $285,600 after the EPA prosecuted it over trees felled in exclusion zones in Wild Cattle Creek State Forest that had caused harm to koala habitat.
Contact details:
EPA MEDIA | DANIELLE WILLIAMS | 0448 196 606
24-hour Media Line (02) 9995 6415 [email protected]