Forestry Corporation fined $450,000 for latest breach

FORESTRY Corporation of NSW (FCNSW) has been 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 organisation responsible for managing timber production in NSW’s state-owned native and plantation forests, FCNSW has been ordered to pay $450,000 in penalties.

The case was successfully prosecuted by the NSW Environment Protection Authority (EPA).

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.

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.

Greens MP and spokesperson for the environment Sue Higginson said the recent fine will leave taxpayers footing the bill for the “criminal destruction of public forests carried out by a Government logging agency”.

“Because the Forestry Corporation is a State-owned corporation, this $450,000 penalty will ultimately be paid by the people of NSW,” she said.

FCNSW CEO Anshul Chaudhary has since apologised on behalf of the organisation, claiming the removal of the trees was an error.

“We sincerely apologise for removing nine trees that were required to be protected and have taken significant steps to address the issue and prevent this from happening again,” he said.

“We have permanently protected 36 additional trees in the compartment with guidance from an expert ecologist, applying a 4:1 replacement ratio.

“We have also funded the installation of 12 nest boxes to provide habitat for a range of species.

“These measures are in addition to more than 400 hollow bearing trees that had already been identified and retained in the operational area as well hundreds of other trees set aside for other environmental purposes in this selective harvesting operation.

“Since the error occurred, the harvested area has regenerated.”

Mr Chaudary said standard operating procedures and staff training were immediately reviewed and updated.

“These changes ensure the relevant regulations are clearly communicated and understood by our staff and contractors, minimising the risk of similar errors in future operations,” he said.

Ashley Love from the Bellingen Environment Centre (BEC) said the court’s ruling was highly significant.

“Though it’s their (FCNSW’s) 14th criminal conviction, this is a landmark decision because, for the first time, FCNSW must carry out court approved restorative justice actions for their admitted forestry breaches, in this case in Wild Cattle Creek State Forest, in 2020.”

Dr John Corkill appeared at court as an agent for BEC, successfully applying for the Centre’s recognition as “amicus curiae” (friend of the court) in the proceedings.
He said the court’s ruling brought mixed feelings.

“What is bitter is that it has taken nearly six years for the prosecution to be completed,” he said.

“The people who committed these crimes were not prosecuted, only the empty shell of the Corporation was, so once again the actual perpetrators have escaped penalty.

“Obviously the decision also has a sweet taste.

“Forestry Corporation has been held legally accountable finally.”

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, “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.”

By Andrew VIVIAN