The NSW Environment Protection Authority has issued NSW Forestry Corporation with a Stop Work Order to cease tree harvesting in part of South Brooman State Forest near Batemans Bay.
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EPA Executive Director Regulatory Operations Carmen Dwyer said EPA investigations revealed serious alleged breaches of the rules that govern native forestry operations.
"Officers allegedly found 26 hollow bearing trees that were either felled or damaged, with many of these trees also not identified and mapped in the planning phase," Ms Dwyer said.
"This area is known to be home to several threatened species that use hollow bearing trees.
"The Yellow-bellied Glider, the Glossy-Black Cockatoo and the Powerful, Masked and Sooty Owls are all listed as vulnerable species and may use hollow bearing trees for habitat.
"The importance of identifying, mapping and protecting these vital trees is a key requirement and there should be proper processes in place to ensure compliance."
The EPA imposed additional site-specific conditions on the existing strict environmental controls after the Black Summer bushfires, called Coastal Integrated Forestry Operations Approval (IFOA).
These conditions were planned to mitigate specific environmental risks caused by the bushfires at each site.
That included impacts on plants, animals and their habitats, soils and waterways.
The conditions included the requirement to identify, map and permanently retain all trees with hollows, whether alive or dead.
"As a result of the seriousness of the alleged breaches, the EPA has issued a Stop Work Order under the Biodiversity Conservation Act to stop Forestry Corporation logging in the relevant compartment," EPA said.
"The order ensures 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 IFOA including the site-specific conditions."
Ms Dwyer said this was the first Stop Work Order the EPA had issued for breaches of the site-specific conditions put in place for burnt forests.
"(It) is necessary because failure to properly map and retain hollow bearing trees could result in irreparable environmental harm," she said.
The investigation into the matter is ongoing.
It is the second time in less than a week that a Stop Work Order has been issued to Forestry Corporation.
A Stop Work Order was issued for Wild Cattle Creek State Forest near Coffs Harbour on Saturday for felling two protected giant trees, EPA said.
Non-compliance with the Coastal IFOA could attract a maximum penalty as high as $5 million.
"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," EPA said.
For more information about the EPA's regulatory tools, see the EPA Compliance Policy at www.epa.nsw.gov.au/legislation/prosguid.htm
For further enquiries, contact the NSW EPA Public Affairs team 24/7 on 9995 6415 or publicaffairssection@epa.nsw.gov.au
