CONSERVATIONISTS say it was an unprecedented decision last week when at Batemans Bay Local Court, Forests NSW were ordered to pay all costs on two legal matters.
Eleven people were facing 31 charges over four days for protests over the logging of Mumbulla Mountain, north east of Bega which began in March last year. Each day was being treated as a separate court case.
Crown solicitors were flown in from Sydney to prosecute on behalf of Forests NSW.
The three day hearing resulted in all charges bar two being dismissed.
South East Forest Rescue alleges the then regional manager was aware of the situation and regulations and still willfully ignored the community’s call for the halt to logging.
Forests NSW enacted prohibited areas, alleging it was for safety reasons however conservationists stated Forests NSW knew there would be large scale protest over the logging of the mountain, and that’s why Forests NSW enacted the prohibited areas, said Lisa Stone, spokesperson for South East Forest Rescue and one of the defendants.
The area south of Bermagui known as the Murrah/Mumbulla area, had also been confirmed as critical habitat for one of the very last known koala populations on the Far South Coast.
Ms Stone alleges the Department of Environment, Climate Change and Water then told Forests NSW they were required to stop work until koala surveys had been undertaken but logging continued, in clear breach of the regulations.
When they got no “stop work” order came from the department, conservationists then called the Commonwealth Minister for Aboriginal Affairs and the Commonwealth Minister for the Environment and requested an emergency protection order.
Despite informing both Forests NSW and police on-ground every day was not until a month later when SEFR discovered the actual gazettal map.
They sent yet another breach report to DECCW, and the community went into the compartment on April 28 and stopped the logging, forcing the machines out of the compartment.
Mr Wayne Boom, counsel for the defence submitted: “There is something repugnant about this case. Forests NSW were quite clearly logging an Aboriginal Place, and then to continue to pursue people because they protested the illegal logging, there is some irony in that.”
Forests NSW defends Mumbulla logging
REGIONAL manager for Forests NSW southern region Daniel Tuan said extensive consultations occurred with the Aboriginal community prior to commencement of operations.
When logging commenced, Mr Tuan said it was not known by any party that the planned harvesting area was part of the Mumbulla Aboriginal Place.
The magistrate in his ruling, acknowledged that the nine protestors whose charges were dismissed did not know about the Mumbulla Aboriginal Place at the time the alleged offences were committed, he said.
And knowledge of the existence of an Aboriginal Place by protestors and Forests NSW did not occur until some weeks after.
The Mumbulla Aboriginal Place was not identified on the Aboriginal Indigenous Heritage Management System during planning for harvesting operations, he said.
“Forests NSW followed all due protocols in the planning process,” Mr Tuan said. “As soon as Forests NSW became aware of the Aboriginal Place, operations ceased.”
Forests NSW says penalty infringement notices were issued in these cases as protestors placed themselves in unsafe situations in a forest harvesting workplace. Two further charges of enter a prohibited area and interfere with haulage equipment were proven.
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