Carmen Dwyer

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 because at least two protected giant trees have been felled. No mention has so far been made of the always present danger of releasing new zoonoses into the human population when habitat is destroyed.

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.

For more information about the EPA’s regulatory tools, see the EPA Compliance Policy at https://www.epa.nsw.gov.au/legislation/prosguid.htm.