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EXPOSING DEVELOPERS WHO FAIL TO APPRECIATE AND RESPECT COMMUNITY, ENVIRONMENT AND SPIRIT OF THE LAND |
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S.T.Y. Afforestation are the forest managers for Enviroinvest/Primary Yield. In the mid 1990's, Environmental organisation Friends of the Earth Fitzroy took STY Afforestation to the Administrative Appeals Tribunal over breaches to a logging permit and the Code of Forest Practice in the McCrae's Creek domestic water supply catchment in the Yarra Ranges. Friends of the Earth successfully won the case, which probably remains the only example of a logging company being found guilty of breaching environmental laws in Victoria. The land was located in 4 allotments in the Parish of Beenak.
S.T.Y. Afforestation were closely connected with then Liberal Party Minister Roger Pescott. Mr Pescott remains closely associated with STY Afforestation by being a director of Enviroinvest. Mr Pescott also has involvement in the global uranium market through Edlow International. (follow links on Edlow site from Regulatory Assistance Worldwide, then International offices)
Approximate location of STY Parish of Beenak properties to Melbourne.
August 2007: Unhealthy tree crop blown over by the wind - Parish of Beenak
STY also own about 4 allotments of land near Mount Myrtalia in the Myrtle Creek catchment about 3km north west of the town of Powelltown. These properties may be significant for Cool Temperate Rainforest. These properties were mortgaged to the company Geoffco Pty Ltd in 1998. Geoffco is directed and controlled through shareholdings by Geoff Cohen ex Chairman of collapsed insurer HIH - the nations largest corporate failure. Criminal charges have been laid against Mr Cohen by the Commonwealth Director of Public Proseuctions on behalf of the Australian Investments and Security Commission.
A tributary of Myrtle Creek.
The following page includes the AAT contraventions and orders of the McCrae Creek case as well as photographs of the case. McCrae's Creek at the time supplied 7 communities in the Yarra Ranges with drinking water. With such a past, we remain slightly sceptical about the environmental credentials of Enviroinvest/Primary Yield.
The Contraventions
The use and development of the subject land has contravened the conditions of the Planning Permit 47/25/1673 issued on 11 July 1986 pursuant to the Shire of Upper Yarra Planning Scheme Interim Development Order March 1978 (the permit) and the provisions of clause 8-6.2 of the Upper Yarra Planning Scheme (which incorporates the Code of Forest Practices for Timber Production - Revision No 1 May 1989 (the Code)), in that the use and development of the land for timber production has not taken place in accordance with the conditions of the permit nor the requirements of the Code.
The contraventions include:-
i) logging within 60 metres of a watercourse within the McCraes Creek catchment and
ii) logging on land with a slope greater than 32% (18 degrees)
iii) failure to construct properly and maintain three stream crossings
iv) failure to construct properly logging roads, table drains and cross pavement culverts
v) failure to partially or selectively log the messmate - silvertop sub - type trees
vi) failure to clear fell properly stands of trees within the mountain ash sub-type.
vii) failure to breach and bar properly snig racks and undertake log landing rehabilitation at the completion of each logging season and
viii) failure to regenerate coupes on completion of harvesting.
THE TRIBUNAL ORDERS
Sty (Afforestation) Pty Ltd (STY) is directed to do the things specified below within the period specified below and to otherwise ensure compliance with the said Act, the said planning scheme (including the provisions of the Code incorporated by reference) and the permit and the conditions of the permit.
1.1 Before any logging or further logging takes place on the subject land, STY must engage an independent forester (the certifying forester). The certifying forester shall be a person approved by the Responsible Authority after consultation with the Chairman of the Victorian Division of the Institute of Foresters of Australia Inc. and STY.
1.2 The certifying forester shall be responsible for advising the responsible authority and STY as to the carrying out of future logging operations on the subject land in accordance with the permit and the Code.
1.3 The certifying forester must be engaged on the basis that he or she is obliged to report any non-compliance with the permit, the Code of this order to the responsible authority.
1.4 The certifying forester must be engaged on the basis that he or she is required to bring to the attention of STY any works or measures which are reasonably required to ensure that any timber production takes place in a responsible manner and to balance environmental, social and economic values; and, in particular, to being to the attention of STY any works or measures which are required to achieve compliance with the permit and/or the Code.
1.5 Where measures are required by this order such measures shall be carried out to the satisfaction of the responsible authority, having regard to any certificate or advice furnished by the certifying forester.
1.6 The certifying forester must, when required to do so at the direction of the Responsible Authority, provide to it a report on or within 14 days from the 31st day of January and the 30th day of April during each year to the 30th April 2000 of the matters under the supervision of the certifying forester which shall include reference to any non-compliance with the permit, the Code, the revised forest utilisation plan to be prepared pursuant to Paragraph 2.1 of this order or any other requirement of this order, such report to be made available for public inspection at the office of the Responsible Authority.
2.1 Before any logging or further logging takes place on the subject land, STY must prepare a revised forest utilisation plan, which must be prepared by or certified by the certifying forester as being consistent with the objectives and requirements of the permit and the Code, to the satisfaction of the responsible authority.
2.2 Further logging of the subject land must be in accordance with the revised forest utilisation plan.
3.1 STY must carry out remedial measures to the creek crossings marked north, south and south-west on the attached plan. The measures must be sufficient to satisfy the conditions of the permit. The measures must be carried out before a crossing is further used by logging vehicles and, in any event, before 1 April 1996.
4.1 STY must carry out remedial measures to the roads on the subject land. The measures must be sufficient to satisfy the conditions of the permit and the requirements of the Code. The measures must be carried out before a road is further used by logging vehicles and, in any event, before 1 April 1996.
5.1 During the period ending on 30 September 1998 STY must arrange for the independent monitoring of the quality of water flowing into the McCraes Creek at such intervals and in such manner as may be reasonably required by the responsible authority, having regard to the advice of the certifying forester, and the results of such monitoring must be furnished to the responsible authority forthwith and be available for public inspection.
THE TRIBUNAL DIRECTS
That the Responsible Authority:
(a) serve a copy of this Enforcement Order personally or by registered post on STY (Afforestation) Pty Ltd at its place of business at ... Punt Road, South Yarra 3141 and at its registered office 1st Floor .. Station Street, Malvern 3144.
(b) advise the following persons of the making of this Order:
1. Friends of the Earth (Fitzroy) Inc 312 Smith Street, Collingwood 3066.
2. Environment Defenders Office (Vic) Ltd 446 Victoria Street, North Melbourne 3051.
3. The Shire of Yarra Ranges Council PO Box 105 Lilydale 3140.
4. Department of Conservation and Natural Resources C/- of the Victorian Government Solicitors Office 200 Queen Street, Melbourne 3000.
Huge piles of native vegetation get ready for the torch? Land Managed by Enviroinvest
ditto
ditto
Feb 06: Enviroinvest bluegum plantation near Mt Langhi Ghiran about 10km east of Ararat. This plantation lies in the Hopkins River catchment and is almost 800 hectares in size. Water losses from this plantation will peak before logging in 2015. The plantation by this stage will be using 1.2GL of water. 1 GL= 1,000, 000, 000 litres.
April 06: Trawalla Creek surrounded by Enviroinvest bluegum plantations. These plantations won't improve water quality at this site in the Parishes of Beaufort and Langi-Kal-Kal because Trawalla Creek (20 metres on both sides) is Crown Land under an 1881 Act of Parliament. The plantations will instead use up surface flow and ultimately lead to further water losses in this catchment and in this creek in particular - especially in times of low rainfall. These plantations were established in 2002, meaning that water loss won't peak until 2012. Cattle are still wandering through this Creek, even though it was proclaimed as a water supply catchment in 1963. Water quality will only improve if the cattle stop wandering in the creek and if riparian planting of indigenous vegetation occurs. Where is the Catchment Management Authority?
April 2006: Degraded Trawalla Creek surrounded by bluegums. These are most likely Enviroinvest Plantations (Allotment 34 Section 5 Parish of Beaufort).
April 2006: Ditto.The Creek and 20 metres on each side is Crown Land.