Conservation groups can now challenge Forestry Corporation decisions ... and the list of concerns is long.Sue Arnoldreports.

A RECENT HIGH COURTdismissalof an appeal by the NSW Forestry Corporation (FCNSW) was celebrated by many conservation organisations.

The appeal was an effort by the Corporation to ensure that only government entities, as defined in theForestry Act 2012, could commence proceedings against them. The government entities involve the NSW Environment Protection Authority (EPA), whichmonitorsforestry operations and enforcement.

There are no legal provisions under the Forestry Act that wouldforce the EPA to take action against the NSW Forestry Corporationas a result of conservation groups submitting evidence of non-compliance and requesting enforcement.

The judgmentruledthat:

Prior to the Courts dismissal,any legal attempt to stand as a plaintiff and sue the Corporation for non-compliance with logging legislation provisions was difficult, replete with conflicting decisions andlacking clear guidelines.

A decision onstandingrequirements remains at the Courts discretion.

Whilst it is encouraging that the highest court in the land has affirmed public citizens' entitlements of some kind, the attemptsmade by the Corporation to stifle public citizens democratic rights raisesignificant issues.

Two courtjudgments in the NSW state and federal courts have sounded the death knell for threatened and endangered forest fauna and flora.

As a state-owned corporation, it is subject to theState Owned Corporations Act 1989.

According to this legislation, some of the principal objectives of a state-owned corporation are:

The record demonstrates these objectives dont mean much in the light of the Corporations continued attempt to censor public protest and legal challenges against its destructive practices.

Lets put the evidence in perspective.

According to theNature Conservation Council, the Corporationfaced $18 million in fines in 2022 for destroying habitat, giant trees and hollow-bearing trees. This was, at the time, the fifth fine issued by the courts infour weeks.

In 2024,the Corporation wasfined$360,000 for cutting down 53 eucalypt trees on the NSW South Coast. This wasin breach of conditions imposed by the Environment Protection Authorityenforcing theCoastal Integrated Operations Approval, which is the states legal approval for industrial logging.

In 2025, itwasfined$30,000 for failing to protect critical habitat in a state forest near Coffs Harbour.

These fines are just the tip of the iceberg. In spite ofhundreds of complaints with evidence of non-compliance provided to the Environment Protection Authority, no action or enforcement has been taken.IA is aware of many conservation and community organisations with comprehensive lists of non-compliance, all ignored by the Environment Protection Authority.

ProfessorGraeme Samuel, who conducted an independent review of Australias federal environmental laws,saidthe ongoing breaches by NSW Forestry Corporation, despite enforcement action by the Environment Protection Authority, suggested there was an ingrained culture of non-compliance at the logging agency.

Hesaidchanging culture and attitude required action from the top from the relevant ministers and premier.

Thats not likely to happen any time soon.Politically, native forests and biodiversity losses are stuffed.

Agovernment led by Opposition LeaderPeter Duttonwill not support additional bans on native forestry, introduce "country of origin"labelling for timber or remove all public funding from the controversialEnvironmental Defenders Office.

Australias forest industry has confirmed that a Dutton coalition government will not support any further bans on native forestry, and secure ongoing managed and regulated timber harvesting byestablishingpermanent timber production zones.

Welcoming the commitments, Australian Financial Complaints Authority (AFCA) chief executive officerTim Lestersaid:

Duttons forest policies are in stark contrast to efforts by senior NSW Liberals in 2023 toseeksupport from the Albanese Government to generate carbon credits from ceasing logging in state forests.

The Liberal Party plan included commissioningFrontier Economicsto examine how the cost of reducing logging in southern NSW forests by 20% could be covered by the resulting carbon credits.

According toThe Guardian, the funds would deliver:

Neither Environment MinisterTanya Pliberseknor Climate Change MinisterChris Bowenreplied to the Liberal request.

In any event, theNational Partypredictably blocked the Liberals' plan to end native forest logging.

We all think koalas are cuddly.And we all want to save them.But guess what, you need to take action on climate change if youre going to save koalas.

As yet, there has been no indication that a future Albanese Government will do anything to stop native forest logging or the ongoing catastrophic loss of forest fauna.

Instead, the Albanese Government isinvesting$300 million in the future of the forestry industry. Translated, that means more logging, more loss of native forests, koalas, gliders, possums, birds, ecosystems, eucalypts its a long list.

TheGreenshavesaid:

TheAustralian Conservation Foundationrevealed nearly 2million hectares of koala habitat havebeen bulldozed since 2011, despite political species protection promises.

Meanwhile, theNSW Minns Governmentcontinues toignorepublic protest, scientific research and Labors promise to create theGreat Koala National Park.Instead, approvingloggingin koala hubs,which are meant to be spared ensuring that if any park is actually declared, it will be a skeleton. A testament to political lies.

Both major parties have zero interest in the environment, make false promises and are willing toapprovethe extinction of Australias iconic and unique species as the price of re-election.

Australia holds the record for the highest number of mammalextinctionsglobally since European colonisation. Of all global mammal extinctions since 1500, 35%have been Australian.Almost 90% of terrestrial species are found only in Australia.

And people are only worried about Donald Trump?

Sue Arnoldis an IA columnist and freelance investigative journalist. You can follow Sue@koalacrisis.

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