SEFR Media Release 15th August 2011 The conservation group South East Forest Rescue has today served summons on both South East Fibre Exports, the Eden Chipmill owned by Japanese company Nippon Paper Group, and Bega Valley Shire Council. SEFR have commenced court action in the Land and Environment Court over the chipmill’s proposal to build a factory that makes pellets, to be burned in heaters, from native forest trees.
SEFR are seeking an order by the Court that the development consent be declared invalid.
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.
“This is an auspicious day,” said Ms Lisa Stone, spokesperson for South East Forest Rescue. “Due to the Forestry and National Park Estate Act citizens have not had chance to publically 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.”
“The brilliance of the law is twofold in that anyone may attend the court cases and the findings are made public,” 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.”
“We have direct proof from Forests NSW themselves that SEFE accepted logs that were felled from the gazetted Aboriginal Place on Mumbulla Mountain that was illegally logged in 2010,” said Ms Stone. “And that is just one instance among many. We state that the buck stops with SEFE. They are ultimately responsible and in our view they are vicariously liable for their contractors unlawfulness.”
The Environmental Defenders Office has advised SEFE to discontinue work on the proposed factory as the work may be deemed to be in breach of the law. SEFR have sought an undertaking from SEFE that they will discontinue building until the decision of the Court is handed down.
“Pellet production poses a particular threat to Australia’s native forests,” said Ms Harriet Swift, spokesperson for the conservation group Chipstop. “This is because this type of production seems completely unregulated, whether the pellets are exported, or used domestically.”
Court proceedings will commence this week.
