South Sister St. Marys, Tasmania

South Sister

email to dpiwe

From: Environmental Defenders Office (Tas.) Inc.
To: Director of Environmental Management, DPIWE
8 March 2005
[Email addresses redacted]

Dear Mr Jones

Environmental Harm Caused by Forestry Activities: South Sister

We act for a number of residents who live in the vicinity of proposed logging coupe NI 114A at South Sister, St Marys.

As you may be aware, these residents have made an application to the Resource Management and Planning Appeal Tribunal for orders restraining forestry operations on the Coupe pursuant to section 48 of the Environmental Management and Pollution Control Act 1994 (EMPCA). This application alleges that forestry operations on the Coupe will cause environmental harm by:

adversely affecting the quality and quantity of water supplied to springs within and adjacent to the Coupe; and
causing landslide activity both within and downhill of the Coupe.

We understand that you have already been supplied with the following reports regarding these potential impacts:

'Appraisal of Initial Forest Plan South Sister - Nicholas Range Hydrological and Landscape Observations' prepared by Dr. David Leaman (22/11/2003)
'Comments on Forest Practices Board Criticisms (by PD McIntosh) of my Appraisal of Initial Forest Plan on South Sister' prepared by Dr. David Leaman (4/12/2003)
Opinion - 'Hydrological Conditions and Risks South Sister and St Marys Appraisal of Initial Forest Plan South Sister - Nicholas Range Hydrological and Landscape Observations' prepared by Dr. David Leaman (23/01/2005)
A letter from Dr David Leaman to David Clement comparing the hydrogeological settings in the Koonya and South Sister areas (7/02/2005)
'Coupe NI114A Risk of Landslip Assessment' prepared by Ralph Rallings (3/02/2005).
'Observations of the area known as the South Sisters, St Marys, Tasmania January 2005' prepared by Dr. Leonie van der Maesen
'Initial Forest Plan, South Sister, Nicholas Range: Comments on Reports by D.E Leaman and P.D McIntosh' prepared by David Stapledon (6/10/2004)
'Assessing Risk of Landsliding' prepared by David Stapledon (30/01/2005)
'Notes of a Visit to a Proposed Logging Coupe (NI114A) at South Sister, N.E Tasmania' prepared by Owen Ingles (16/02/2005)
Letter from Miladin Latinovic detailing geological and hydrogeological information (21/01/05)

If you have not received any of these reports, please contact us and we will provide copies.

At the preliminary hearing on 4 March 2005, the Chairman of the Tribunal found that there was a prima facie case and the matter has been listed for a merits hearing on 6-8 June 2005. However, the Chairman refused the application for temporary orders restraining forestry operations until the final hearing. A copy of this decision is enclosed.

We are writing to request that you cause an environment protection notice (EPN) to be issued to Forestry Tasmania or their harvesting contractors restraining forestry operations until the final hearing pursuant to section 44(1) of EMPCA. In support of this request, we submit:

Forestry operations are an environmentally relevant activity, defined as "an activity which may cause environmental harm, and includes a level 1, level 2 or level 3 activity and an environmental nuisance". We submit that "includes" does not suggest an exhaustive list. Therefore, an environmentally relevant activity includes any activity which may cause environmental harm.
The expert reports obtained by our clients indicate a significant risk of environmental harm as a consequence of forestry operations on the Coupe.
Based on this evidence, and the conclusion of the Tribunal that the applicants have established a prima facie case, you should be satisfied that "environmental harm is likely to be caused" in relation to forestry activities on the Coupe.
Pursuant to section 8 of EMPCA, the Director is obliged to exercise the power to issue an EPN "in such a manner as to further the objectives set out in Schedule 1". These objectives relevantly include:
- to protect and enhance the quality of the Tasmanian environment: 3(a)
- to prevent environmental degradation and adverse risks to human and ecosystem health by promoting pollution prevention:3(b)
- to adopt a precautionary approach when assessing environmental risk to ensure that all aspects of environmental quality, including ecosystem sustainability and integrity and beneficial uses of the environment, are considered in assessing, and making decisions in relation to, the environment: 3(h)
Pursuant to section 44(3)(d), the EPN may impose any requirement reasonably required for the purposes for which the notice is issued, relevantly including:
1. that the person discontinue, or not commence, a specified activity indefinitely or for a specified period;
2. that the person not carry on a specified activity except at specified times or subject to specified conditions;

We therefore request that an EPN be issued requiring Forestry Tasmania and its contractors to discontinue harvesting operations on Coupe NI 114A until the determination of Application A8/05 (J Weston & Ors v Forestry Tasmania) by the Resource Management and Planning Appeal Tribunal.

Thank you for your assistance with this matter. In accordance with section 61 of EMPCA, please advise us of any action taken in response to this request.

We look forward to hearing from you.

Yours faithfully,
Environmental Defenders Office (Tas) Inc

Jessica Feehely
Principal Lawyer

Encl: Tribunal decision J51/2005

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