What has happened?
In Environment Protection Authority v Forestry Corporation of New South Wales (No 3) [2026] NSWLEC 25, Justice Pain sentenced Forestry Corporation of NSW for cutting down six "giant trees" and three hollow-bearing trees in Wild Cattle Creek State Forest. These trees were required to be protected under the conditions of the integrated forestry operations approval.
Context
Forestry Corporation pleaded guilty to four offences under the Biodiversity Conservation Act 2016 (BC Act): one relating to the six giant trees and three relating to hollow-bearing trees. Giant trees and hollow-bearing trees provide important habitat that can take a century or more to replace.
The decision
The Court found the giant trees offence to be of medium objective seriousness. In sentencing, the Court:
considered the environmental harm caused by the loss of the trees and their habitat value;
took into account cultural harm to the local First Nations community, and accepted an amicus submission about the forest's high conservation value to the local community;
treated a restorative justice process undertaken by Forestry Corporation as relevant to its remorse and contrition; and
gave a full discount for the early guilty plea on the giant trees offence, but a reduced discount for the later pleas on the hollow-bearing tree offences.
Forestry Corporation was ordered to pay a total of $450,000, to be paid to a local Aboriginal corporation as part of restorative justice orders. It was also ordered to publicise the offences in seven newspapers and industry publications and to undertake an audit.
The Court refused the EPA's request for further orders requiring the retention of all large trees and additional tree clumps in the forest. It was not satisfied, to the high degree required, that those orders were justified.
How will this affect you?
Breaching the conditions of an environmental approval can be prosecuted as a serious offence, even for a government business.
The Court will take cultural harm to First Nations communities into account in sentencing for environmental offences.
Restorative justice processes can be a meaningful part of the sentencing outcome, and of demonstrating genuine contrition.
Early guilty pleas continue to attract significant discounts.
Further information
For further information please contact Darren Bick, Director, on +61 416 167 556 or darren.bick@bicksteele.com.au.