Forestry Corporation fined in Land and Environment Court and must pay EPA fee

More than a quarter of a million dollars in fines and costs have been levelled against the state Forestry Corporation with specific reference to koala habitat.

Forestry Corporation NSW has been labelled a ‘rogue entity’ 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 the corporation.

The Land and Environment Court handed down a fine of $135,600 and ordered the corporation to pay the NSW Environment Protection Authority (EPA)’s legal and investigation costs of $150,000.

It comes after the forestry corporation 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.

The felling was carried out by corporation 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.

The Land and Environment Court handed down a fine of $135,600 and ordered the corporation to pay the NSW Environment Protection Authority (EPA)’s legal and investigation costs of $150,000.

Reducing habitat for breeding female and offspring

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.

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.

The non-compliant activities carried out in the Koala Exclusion Zone attracted the largest fine of $60,000. Picture: Aussie Ark

‘Rogue entity’ claims from Nature Conservation Council

The Nature Conservation Council of NSW says the recent fine for destroying koala habitat is more evidence Forestry Corporation is a rogue entity unfit in its current state to manage a resource as important as the state’s public native forests.

“We welcome the court’s decision to apply this substantial fine and to award costs — Forestry Corporation must be made to pay for its environmental vandalism,” Nature Conservation Council Chief Executive Chris Gambian said.

“Fines, no matter how large, can never replace critical koala habitat.

“Regrettably, today’s fine is another instance of destructive and unlawful behaviour by a company entrusted with managing 2 million hectares of forest.”

Mr Gambian said it is not an isolated instance, with six major breaches successfully prosecuted since April 2020.

“In March 2021, the EPA had 16 live investigations into alleged breaches by Forestry Corporation and its contractors.”

The Nature Conservation Council is calling on the government to establish a comprehensive independent review of Forestry Corporation to ensure it acts lawfully and sustainably.

“There is little evidence the corporation is meeting these basic standards under the existing arrangements.”

The Forestry Corporation has been contacted for comment.