Batemans Bay: EPA launches legal action over alleged felling of hollow bearing trees by FCNSW

Environmental regulators have launched legal action against the Forestry Corporation of NSW, which it claims allegedly breached post-bushfire restrictions only months after the blaze.

The Forestry Corporation of NSW (FCNSW) is facing legal action overs its operations in a fire-ravaged forest on the south coast, after environmental regulators launched criminal proceedings at Batemans Bay Local Court.

The state-run Environmental Protection Agency allege FCNSW, through its contractors, breached requirements imposed on operations in Mogo State Forest only months after the Black Summer fires.

On February 7 2020, regulators ordered FCNSW, which is also state-run, to abide by site-specific operating conditions following the widespread fires, including the protection of hollow bearing trees.

According to documents tendered to Batemans Bay Local Court on Monday, all hollow-bearing trees, living or dead, needed to be protected, despite any existing contradictory approval.

“FCNSW failed to permanently retain all hollow-bearing trees,” the documents allege.

“Through its contractors, between about March 9 and about March 30 2020, FCNSW felled four hollow-bearing trees in the Mogo State Forest.

A previously logged area of Brooman State Forest, north of Batemans Bay. Picture: Nathan Schmidt

“Where the EPA has issued FCNSW with a site-specific operating condition, the relevant forestry operations must be carried out in accordance with the condition.”

Natural hollow bearing trees provided a crucial and often necessary home for many threatened species on the NSW south coast, including the newly-endangered Greater Glider and Gang Gang Cockatoo.

The hollows provide refuge for animals from the weather and predators, as well as safe sites for roosting and breeding, but can take decades to form, according to Environment NSW.

In the last decade, the NSW Department of Planning and Environment has identified loss of hollow bearing trees as a key contributor to the threatening of many of state’s bird and mammal species.

The allegations relate to trees located in the state forest south of Batemans Bay.

Appearing for FCNSW at Batemans Bay Local Court on Monday, lawyer Chris Koikas called for the case to adjourned so that a full prosecution brief could be filed by November 11.

Mr Koikas and EPA lawyer Stephanie Erian will return to the court on December 14.