Photos: Large Sassafras trees (Atherosperma moschatum) adjacent to coupe boundary

Transcription

1 Goongerah Environment Centre (GECO) & Fauna and Flora Research Collective To: Department of Environment Land Water and Planning. Re: Action required to prevent unlawful logging of rainforest buffers and Endangered species habitat in Goongerah forest block To DELWP staff, VicForests coupe boundary demarcation tapes have been placed in coupe indicating that logging in this area is imminent. Logging in coupe would be in breach of of the Code of Practice that requires the implementation of appropriate rainforest buffers and of the Code of Practice that requires VicForests to apply the precautionary principle. A rainforest stand has not been appropriately identified and buffered by VicForests in the south western section of the coupe. No pre logging ecological survey has been conducted by VicForests, despite evidence of protected species in the area. Importantly, recent records of the Endangered Large Brown Tree- frog are located within 550m of the coupe boundary. F Photos: Large Sassafras trees (Atherosperma moschatum) adjacent to coupe boundary

2 Failure to Protect Rainforest in breach of of the Code: The map in Figure 1 (below) details inappropriate buffering of Cool Temperate Rainforest adjacent to coupe VicForests has inappropriately placed coupe boundary demarcation tapes adjacent to a stand of Cool Temperate Rainforest on the south western boundary of the coupe. An extensive rainforest stand is located along the tributary of Little Yalmy River adjacent to the south west boundary of the coupe. This rainforest stand coincides with a linear reserve along Little Yalmy River. As the rainforest stand along the south west boundary of the coupe coincides with the linear reserve a 100m buffer is required under the regulatory framework, specifically of the Planning Standards for timber harvesting operations in Victoria s State forests East Gippsland FMA Where rainforest stands coincide with linear reserves, include in the SPZ the rainforest stand plus a 100m buffer. Exceptions may apply where an alternative logical boundary exists within the buffer, for example an existing road. Avoid road construction across linear reserves containing rainforest wherever practicable. VicForests coupe boundary demarcation tapes are positioned inappropriately, many between 20 and 60 meters of the rainforest stand. As this stand of rainforest requires a 100m buffer any logging that occurs within 100m of the stand of rainforest will be in breach of the Code of Practice for Timber Production and therefore unlawful under the Sustainable Forests (Timber) Act 2004 (Vic). Photos: VicForests inappropriately placed coupe boundary tapes (left), Large Sassafras canopy tree (right)

3 VicForests planning for this coupe is not in accordance with the regulatory framework and currently their intention to commence logging in this area is unlawful and the operation should not commence. The stand supports large old rainforest canopy species such as Sassafras trees, Black Olive Berry, Gippsland Warratah, Blackwood and Banyalla. These rainforest canopy species form closed canopy of greater than 70%. Disturbance from fire in 2014 has affected these canopy species in some areas. We have mapped the minimum extent of the long term rainforest boundary using the differential species method (refer to Fig 1). Use of this method in situations where recent disturbance has affected canopy is required in accordance with of the Management Standards and Procedures for timber harvesting operations in Victoria s State forests Special care is required when assessing the presence and extent of rainforest where disturbance such as fire has temporarily removed the rainforest canopy or has created temporary canopy gaps. In cases where the canopy disturbance is less than ten years old and further guidance as to the boundary of rainforest is required, the differential species approach is to be used (Differential species keys for the delineation of rainforest boundaries can provide reference photos). The map in Figure 1 displays the minimum long term rainforest boundary, the location of VicForests coupe demarcation tapes and the location of the legally required 100m buffer that VicForests has failed to apply. Section 46 of the Sustainable Forests (Timber) Act 2004 (Vic) requires VicForests to comply with the Code of Practice for Timber Production. As logging in this area has not been planned in accordance with the Planning Standards for Timber Harvesting in Victoria s State Forests 2014 logging in this coupe would breach of the Code of Practice for Timber Production Rainforest communities in Victoria must not be harvested. Rainforest communities must be protected from the impacts of harvesting through the use of appropriate buffers to maintain microclimatic conditions and protect from disease and other disturbance Several recently logged coupes, logged within the last ten years, surround the stand of rainforest discussed above. The remaining forest within coupe is some of the last intact Eucalypt forest surrounding the stand. Recent logging disturbance coupled with a recent fire event in 2014 has dramatically altered the ability of this stand of rainforest to maintain appropriate mico- climatic conditions required to protect it from disease and other disturbance. DELWP are required to intervene and establish an appropriate buffer that will protect this vulnerable stand of rainforest requiring special care to ensure it may persist into to the future following the prior disturbances discussed above. In this context, in order to ensure the rainforest stand has sufficient potential to persist, DELWP should implement an appropriate buffer of forest to the nearest watershed boundary to maintain appropriate micro- climatic conditions, as required by of the Code.

4 Coupes and have already been logged in breach of the regulatory framework without the legally required 100m buffers on the stand of rainforest that coincides with the linear reserve. DELWP should also investigate these breaches and prosecute VicForests if the required buffers have not been implemented. Photo: Rainforest coinciding with linear reserve (above), Gippsland Warratah within legally required 100m buffer zone (below)

5 Figure 1: Mt. Jersey context map displaying minimum long term extent of rainforest, VicForests coupe boundary demarcation tapes, the legally required 100m buffer and recent detection location of Large Brown Tree- frog (Litoria littlejohni)

6 Photo: Burnt and regenerating Gippsland Warratah canopy at location: 55H (GDA94/MGA Zone 55) Photos: Regenerating Sassafras (left) and Veined Bristle- fern (Crepidomanes venosum) (right) at location 55 H

7 Photos: Burnt Sassafras at location 55 H (left), fallen canopy of same burnt Sassafras tree (right) Photo: Forest within legally required 100m rainforest buffer.

8 Failure to apply the Precautionary Principle in breach of of the Code. VicForests has not conducted a pre- logging ecological survey in coupe , despite the close proximity of records of the Endangered Large Brown Tree- frog and the likely presence of the species within the coupe. The Large Brown Tree- frog was thought to be extinct from Victoria after not being seen for over 15 years. In April 2015 volunteers from GECO re- discovered the Endangered frog in the Goongerah forest in four new locations. Two new records were reported to DELWP by GECO in September this year, one of these records is in a water body less than 550m from the boundary of coupe The DELWP survey standard document for Large Brown Tree- frog advises that areas at least 1km from water bodies known to be occupied should be treated as potential habitat for the species 1. Therefore the area within and surrounding coupe should be treated as potential habitat, thoroughly surveyed and protected accordingly. The forest in coupe is also good quality habitat for a number of other protected species such as the Long- footed Potoroo, Greater Glider, Yellow Bellied Glider, Sooty and Powerful Owl which have also not been surveyed for by DELWP or VicForests. Logging in coupe would breach VicForests legal obligations to comply with the precautionary principle and sections and of the Code of Practice for Timber Production The precautionary principle must be applied to the conservation of biodiversity values. The application of the precautionary principle will be consistent with relevant monitoring and research that has improved the understanding of the effects of forest management on forest ecology and conservation values During planning identify biodiversity values listed in the Management Standards and Procedures prior to roading, harvesting, tending and regeneration. Address risks to these values through management actions consistent with the Management Standards and Procedures such as appropriate location of coupe infrastructure, buffers, exclusion areas, modified harvest timing, modified silvicultural techniques or retention of specific structural attributes. 1 The Department of Sustainability and Environment, May 20011, Approved Survey Standards: Large Brown Tree Frog Litoria littlejohni, Version 1.0

9 The Code of Practice for Timber Production 2014 defines the precautionary principle as: precautionary principle means when contemplating decisions that will affect the environment, careful evaluation of management options be undertaken to wherever practical avoid serious or irreversible damage to the environment; and to properly assess the risk- weighted consequences of various options. When dealing with threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. Logging in the coupe without conducting a pre logging ecological survey constitutes a threat of serious or irreversible environmental damage and there is a lack of full scientific certainty relating to that damage. Specifically, it is probable that there is a significant threat to threatened and protected species, including the Large Brown Tree- frog, Long- footed Potoroo, Orbost Spiny Crayfish, Yellow- bellied Glider and Greater Glider, Sooty Owl and Powerful Owl. The likely presence of protected species such as those listed above and the threat of serious or irreversible damage and the lack of scientific certainty relating to that damage trigger the pre- conditions for the application of the precautionary principle. The principles upheld in the Brown Mountain (EEG Vs VicForests), Victorian Supreme Court judgement (VSC 8547) similarly apply to the circumstances discussed within this letter such that application of the precautionary principle requires the completion of targeted species surveys, including for the Large Brown Tree- frog, Long- footed Potoroo, Greater Glider and Yellow- bellied Glider, prior to logging 2. VicForests failure to conduct pre logging targeted species surveys prior to the commencement of logging in coupe constitutes a breach of of The Code of Practice and Section 46 of the Sustainable Forests (Timber) Act 2004 (Vic) and would therefore be unlawful. As DELWP are responsible for enforcing VicForests compliance with the Code of Practice, as stated in below, action must be taken immediately to prevent the breaches of the Code detailed above from occurring Compliance on State forest The Code is a prescribed legislative instrument made and enforced under relevant law listed in the Conservation, Forests and Lands Act For the purposes of each relevant law the Secretary is an authorised officer and is therefore responsible for ensuring compliance with the Code on State forest. Compliance is also monitored by other authorised officers appointed by the Secretary pursuant to the Conservation, Forests and Lands Act EEG Vs VicForests (2009) VSC 8547 at [633]

10 Actions required to be taken by DELWP: DELWP must ensure the rainforest in the south western areas of coupe is given an appropriate buffer and unlawful logging is prevented from occurring. DELWP must ensure VicForests have applied the precautionary principle to conservation of biodiversity in its operations. This can be achieved in part by DELWP issuing a direction to VicForests to conduct thorough and comprehensive surveys for protected species in and adjacent to the proposed coupes in the Mt Jersey- Yalmy area. Survey timing and methods must be at a minimum consistent with the DELWP survey standard documents for targeted species surveys. Surveys for The Large Brown Tree- frog should be conducted several times in appropriate months of the year (late autumn- winter- early spring). DELWP should immediately issue a directive to VicForests to quarantine logging in the Mt Jersey, Yalmy and Goongerah area to avoid impacts on the Endangered Large Brown Tree- frog. Surveys for the Large Brown Tree- frog have not been conducted in several coupes in the area surrounding recent records of the species. These include , , , , , , , , , , , , , , Logging in any of the above listed coupes without conducting thorough and repeated comprehensive targeted species surveys for the Large Brown Tree- frog and other protected species would be in breach of sections and of The Code of Practice. Therefore DELWP should immediately act to quarantine logging operations in these areas in order to prevent breaches to the Code including and/or similar to those detailed above. DELWP should investigate logging of coupes , for non compliance with the Code of Practice. VicForests may not have applied the legally required 100m buffers in these logged coupes that surround the stand of rainforest coinciding with the linear reserve. If breaches are found DELWP should take regulatory action and prosecute VicForests. Please inform our organisation on what steps DELWP will take to prevent unlawful logging in coupe As the coupe is marked with boundary tapes and logging is imminently scheduled, this matter requires urgent attention. Regards, Ed Hill Goongerah Environment Centre (GECO) Andrew Lincoln Fauna and Flora Research Collective