South East Forest Rescue v South East Fibre Exports and Bega Valley Council

SEFR have commenced court action in the Land and Environment Court over the Eden chipmill’s proposal to build a factory that makes pellets, to be burned in heaters, from native forest trees. Bega Valley Shire Council granted the development consent in June, despite much opposition from the community and despite being advised by SEFR that if the council consented they would be in breach of the law. SEFR also advised SEFE on the day of consent not to begin building the Pellet factory as SEFR would be taking legal action.

The court case began on 2 September in the Land and Environment Court of NSW in Sydney.

“There was a beautiful and portentous moment when the Clerk of Court announced the case,” said Ms Stone, spokesperson for South East Forest Rescue. “We sat in quiet anticipation.”

Due to the Forestry and National Park Estate Act citizens have not had chance to publicly have native forestry operations put before a court, or for the woodchipping industry to be held accountable for their actions.

“This is the first time in 13 years that the public has had an opportunity to seek justice,” said Ms Stone. . “For too long the woodchipping industry has been above the law, and even though SEFE directly engages the Eden contractors, many of whom have been found to be conducting unlawful operations, SEFE themselves have been untouchable. The buck stops with SEFE. They are ultimately responsible and in our view they are vicariously liable”

The Environmental Defenders Office had advised SEFE in writing to discontinue work on the proposed pellet factory as the work may be deemed to be in breach of the law. The EDO again wrote to SEFE seeking an undertaking from SEFE that they would discontinue building until the decision of the Court is handed down. There has been no reply to either letter.

SEFR and BVSC were present in court however SEFE still has not engaged a lawyer.

Justice Terry Sheahan, ex Attorney-General, remarked that this was unusual.

“With all respect to his Honour this is not the adjective I would use,” said Ms Stone, spokesperson for South East Forest Rescue. “It does not seem SEFE are taking this matter very seriously. This shows the contempt and utter disdain South East Fibre Exports has for the law.”

The matter is back in court to set the hearing date on 7 October.
Lisa Stone