South Sister, writs etc

2 Comments

1. 

   editor

   March 22, 2005 at 13:41

   Save our Sisters had a win yesterday when Forestry Tasmania announced that they will “defer harvesting at South Sister until after the Merits Hearing by Resource Management and Planning Appeals Tribunal (RMPAT) set down for early June 2005”.

   Forestry Tasmania had been unhappy with the first decision (Hearing on March 4) and had made a submission stating that there should be no listing for a final hearing as the temporary order had been refused. In addition, they were dissatisfied that the applicants had a “proper interest” and requested that they show that they indeed did have standing. FT had also submitted during the first hearing that the conduct of harvesting would not lead to environmental harm but rather, would be a consequence. Therefore they asked that the Tribunal re-address this issue.

   The Environmental Defender’s Office (EDO) who represent the applicants, submitted information on March 15 as requested, and the Chairman ruled that “information given at this stage satisfies the Tribunal that each of the remaining applicants is prima facie a person with a proper interest as required by section 48 of the Act”. The Chairman’s conclusion was that “… remains listed to proceed upon the dates directed by the Tribunal; and the existing directions as to the exchange of evidence continue to apply” i.e. the Final Hearing will proceed starting June 6, 2005.

   Following the decision last Friday March 18, FT issued a statement which included the following:

   “..We also note that proceeding to a hearing does not imply any problems with the Forest Practices Code requirements. FT holds a forest practices plan for this area that has been significantly modified following public input.”

   This statement is misleading and incorrect – the size of the coupe was reduced because of the existence of Eucalyptus brookeriana which is protected under the RFA, evidence of old landslips, Cardiff mine (cultural heritage site and possibility of subsidence) and the requirement of a wildlife habitat clump under the Forest Practice Code!

   “… We have always understood the Forest Practices Board had ultimate responsibility to decide these matters. We are reviewing the decision taken by RMPAT and will be taking legal advice. We will announce our decision on operational issues on Monday (21/3). In the meantime, the contractor will continue harvesting in an existing coupe and FT will maintain the supply of sawlogs to local sawmills”.

   SOS members waited (impatiently) for the news on Monday March 21 after being notified that a decision would be made prior to lunch time. Finally, mid afternoon the good news was received with the ABC TV cameras there to record it! FT issued a media release which says that “the top priority for FT has been to ensure continuity of work for the contractor, TasLog, and to ensure that sawmills can be supplied with sawlog in the Break O’Day Municipality”. It is a pity that they don’t consider water supply and landslide risk a priority that they should address. Had it not been for SOS, the South Sister would already have been logged and residents may have already experienced major changes to their water supply.

   FT also said that “the decision had come at a significant cost to Forestry Tasmania’s operating budgets”. SOS members’ comments about this included “They wouldn’t have so many costs if they hadn’t pushed the road through so quickly” and “I bet they haven’t lost as much money as us”. Many residents have spent hundreds of dollars (and more) working on this campaign for 18 months. The fight is not yet over and they will continue to work to ensure an excellent outcome at the Final Hearing.

   An exclusion zone on the South Sister still exists and SOS are now calling on FT to reclassify the area so the public have access to the area as they have done for many years. As no harvesting will go ahead there are no safety concerns and therefore the forest shouldn’t be locked up. If FT refuse to reclassify the zone, there will be an unfair advantage to FT as SOS’ consultants may not have access to the coupe for further field studies.

   Continued …
2. 

   editor

   March 22, 2005 at 13:42

   … here:

   Other developments in the past two weeks:
   Despite SOS members being relieved with yesterday’s decision they are extremely disappointed with various government departments and government officials. SOS called on the Attorney General Judy Jackson to seek a temporary order on their behalf two weeks ago. To date there has been no response. SOS also called on the Department of Primary Industries, Water and Environment and the Break O’Day Council to issue environmental protection notices yet neither would do so despite the Chairman agreeing there was a prima facie case and harvesting may lead to severe environmental harm! The Council did however write to Minister of Forests Bryan Green and ask him to “….defer logging activities until the findings of the hearing have been determined and that you also request Forestry Tasmania to take no action in the interim”.

   One of SOS’ consultants (Ralph Rallings) wrote to Minister Green on March 7 saying that “the failure to properly investigate the slopes below the coupe is imprudent and borders on negligence”. He recommended that “No operations should be undertaken on this coupe or any coupe within the Nicholas Range until the slope stability issues have been appropriately investigated…….MRT should be given responsibility for the investigation with the authority to define logging exclusion zones, based on land stability”.

   He also awaits a reply!

   SOS members have sent information to the contractors Taslog regarding the increased risk of landslides and disturbance to water if harvesting operations go ahead. They also “put them on notice” (with numerous letters being sent by residents) should harvesting activities go ahead with negative consequences. A public notice was sent to both Mercury and Examiner Newspapers in Tasmania notifying insurance companies that Taslog had been informed about the possible consequences of harvesting activities. Not surprisingly, the Examiner refused to publish the notice despite providing evidence that Taslog had been notified.

   In parliament last week, Tim Morris MHA asked Mr Green: “Minister, will you comply with the Break O’Day Council’s request and order a halt to forestry works at South Sister while the Resource Management and Planning Tribunal hearing is under way, and if not, why not?” The reply from Mr Green was rather garbled and his comments later contradicted his reply which according to Hansard was “The issue here is that this is a preliminary hearing. The hearing dates were set down for June. RMPAT have established a process to allow it to be deemed whether or not there is a prima facie case. That is my view. What I am saying to the House today is that the roading has been completed on the coupe. No logging will take place before the date of this particular hearing. It is my expectation that logging will be able to proceed as a result of the hearing because there will be no case to answer.” Mr Green denied that he meant ceasing operations until June and his office confirmed to an SOS member that no logging would take place prior to the decision mentioned above regarding the applicants “proper interest” etc. Contact with his office on Friday March 18, after the release of the Tribunal’s decision indicated that Mr Green would only comment after FT issued their response regarding legal action and operations on Monday March 21!! Who runs Forestry?

   The priority in the next two months will be the gathering of additional information for the Tribunal in June. The consultants who have already provided reports will perform further field studies and finalise their evidence for the Final Hearing. One consultant will come from South Australia in the next few weeks, another is based in Holland (and will only be able to provide evidence via teleconference) and the remaining are based in Tasmania. The vigil and camp will stop in the next few days but SOS members will remain active and continue to lobby FT and the government.

   SOS members are still calling for financial assistance. The legal costs continue to rise and with additional costs looming for support to the experts (all reports have been provided gratis but SOS members hope to pay for the airfare of David Stapledon and accommodation for all experts when in the field and at the Hearing). To those of you have sent money we are very grateful. For those of you who have pledged money, could you please send your cheques as soon as possible

   Thanks for all your ongoing support. We are grateful for the emails, phone calls, visits to the vigil, donations of food and money and general support from you all. Keep up with the campaign at http://www.southsister.org This is updated regularly and may be more regular than these emails!!

   Cheers,
   Frances Daily