25 July, 2013
NSW Forestry Corporation convicted for environmental breaches – yet again
The Nature Conservation Council of New South Wales is calling for an independent review of the state forestry organisation’s compliance with environmental laws and regulations following another conviction for serious breaches.
The Land and Environment Court [1] on July 10 found the Forestry Corporation of New South Wales guilty of "systematic failures" of forest management after a forestry officer burnt protected bushland near Bateman’s Bay in the south coast. The court fined the corporation $35,000 and ordered it to pay the prosecuting authority’s legal costs. [2]
The presiding judge found the offence was the result of "systemic corporate procedural and operational failures and inadequate training and supervision of employees".
NCC Chief Executive Officer, Pepe Clarke, said the case was another example of a general pattern of cavalier behaviour by the forestry body.
“The Land and Environment Court has found, yet again, that the Forestry Corporation has a record of continued breaches of environmental laws,” Mr Clarke said.
“This conviction is symptomatic of a broader failure of the state forest agency to take its environmental stewardship responsibilities seriously. The state government should establish an independent review of the corporation’s record of compliance with environmental protection laws and identify ways to change the practices and culture of the organisation.”
[1] www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=165833
[2] www.smh.com.au/environment/nsw-forestry-corporation-fined-for-damaging-environment-20130724-2qj5w.html#ixzz2a0700R2w
Other recent breaches
In 2011-2012, the Environment Protection Authority found Forests NSW breached licences and codes 634 times at the 39 sites the authority inspected. Given that the EPA only investigated 39 areas, this was an average of 16 breaches in each logging operation, of which there are hundreds.
Previous convictions in the Land and Environment Court of NSW.
2011. Guilty of burning in smoky mouse exclusion zones in Nullica State Forest. Forestry NSW was ordered to pay $5,600 for a environmental project and to pay the prosecutor's $19,000 costs.
2004. Guilty of polluting waters in Chichester State Forest, fined $30,000, Ordered to pay costs.
1997. Guilty of breaching of conditions of a pollution control licence in Colymea State Forest. Fined $30,000.
1997. Guilty to three charges relating to breach of conditions of a pollution control licence in Nullum State Forest near Mullumbimby, including failure to construct a road drainage structure, felling of trees into filter strips and failure to install sediment traps. Fined $25,000.
Tags
Forests and wildlife
Let others know about this issue