Environment Protection Authority v Forestry Corporation of New South Wales (No 3)

[2026] NSWLEC 25

NSW Land and Environment Court

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Interrogate

Catchwords

1. Environment and Planning
2. › Forestry
3. › Integrated Forestry Operations Approval — CIFOA — contravention of conditions
1. Environment and Planning
2. › Forestry
3. › Sentencing — strict liability offences — state of mind — criminal negligence not established
1. Environment and Planning
2. › Biodiversity Conservation
3. › Native vegetation offences — sentencing factors under s 13.12 BC Act — extent of environmental harm
1. Criminal Law and Procedure
2. › Sentencing
3. › Objective seriousness — strict liability offences — relevance of state of mind — training and interpretation of regulatory instrument

Quick Take

The Court found that FCNSW's incorrect but honestly held interpretation of CIFOA Protocol 39 measurement requirements for giant trees, based on standard forestry mensuration practice applied to a new regulatory control, did not constitute criminal negligence aggravating the strict liability offences, and that the EPA failed to establish any culpable state of mind or identifiable failure contributing to the hollow-bearing tree offences.