Chained to a tree

[Neville Briggs]

If this is the process by which decisions are made for our country's interests, then our country's best-before date is approaching rapidly.

[Stephen Whiteside]

Steve Meacher.



Good afternoon forest folk,

As expected, this morning continued with the ongoing cross-examination of Michael Ryan, VicForests' Forest Scientist. During questioning Mr Ryan claimed that, when you are in the forest Leadbeater's Possum Zone 1A habitat is quite clear and should be excluded from logging. Referring to the report on Gun Barrel coupe that he had prepared last July, he pointed out that it was only in exceptional circumstances that such a level of detail was undertaken. In this case the circumstances included a high level of public interest.

After conclusion of cross-examination there was no re-examination by Mr Waller so Mr Ryan was excused.

After that Mr Waller informed the court that by agreement Dr Mark Neyland would not be called and VicForests had resolved not to call Mr Simon Smith of DSE.

The only witnesses remaining to be called are Dr Schirmer and Dr Ajani. With assurances from both sides that there would be sufficient time to complete the evidence and cross-examination of both witnesses tomorrow, the court rose early to reconvene, tomorrow (Thursday) at 10:00 am. If you are planning to attend, note this is 30 minutes earlier than usual.

For more details read the full transcripts on the My Environment website as they become available. You can read the transcripts of the up to Monday, here.

Our sincere and grateful thanks to the many of you who have made financial donations. The total is creeping up but more is still needed to support the immense work done on this case, so please help if you can.

And, as usual, please forward this message to any kindred spirits. In view of the broader implications of this case the larger ENGOs are carefully watching developments but still not supporting us financially yet! If you are a member, please give them a call or drop them a line.

In other news, there was an action at Yellowdindi today. FYI the coupes at Yellowdindi were among the 168 coupes said by VicForests to be "similar" to the three Toolangi coupes.

Many thanks,

For the forests,

Steve

[Glenny Palmer]

...
Bless ya Stephen.

Thanks Doc.,
...croc

[Stephen Whiteside]

Steve Meacher.



Good evening Silvanophiles,

As our respective barristers yesterday assured Justice Osborn it would, the hearing of My Environment -v- VicForests concluded today.

The morning began early (at 10:00 am) with the Evidence-in-Chief of Dr Jacqueline Schirmer. After confirming her report and supplementary report Mr Waller, for VicForests, had no further questions.

Cross-examination by Ms Walker, for My Environment, was almost immediately interrupted by Mr Waller when Dr Schirmer referred to the VicForests' Corporate Plan which apparently had been provided to Dr Schirmer (and the court) as a confidential exhibit, being considered "commercial-in-confidence". Mr Waller suggested questions relating to the plan be heard In camera.
In the event this proved to be unnecessary and questioning resumed.

Dr Schirmer confirmed that cessation of logging in the three Toolangi coupes would have a relatively small effect on production, if any, well within uncertainty margins. She also agreed that such cessation could not be said to cause any permanent loss of jobs, although it might bring forward the loss of jobs that are expected to be lost. Dr Schirmer informed the court that she had not been told that amendments could be made to Timber Allocations and Timber Release Plans (which might have the effect of compensating for the removal of the three coupes) and her report did not take those possibilities into account.

Re-examination was very brief and Dr Ajani commenced her evidence. She confirmed Dr Schirmer's evidence that there is capacity to use the undercut (which Dr Schirmer had estimated at 15%) to keep production running through, so that if the three Toolangi coupes were excluded the loss would be relatively small and could probably be accommodated within the log-cut without any material effect on employment.

Under cross-examination Dr Ajani pointed out that her view that the commodity sector of the forest industry should transition to plantation resources was based on building an economically robust industry, not philosophical objections. She explained that such a transition had a "nice compatibility - ecological integrity" whereas exposing native forests to commodity productions means the two objectives (a robust industry and ecological integrity) are fundamentally in conflict. She confirmed her conviction that, "Australia's environment needs more help from its citizens."

After briefly recalling Dr Schirmer, Mr Waller closed the case for the defence and the hearing was effectively over.

Court was adjourned until 10:30 on Monday morning, when VicForests will present their closing statement. This will be followed by the closing statement of My Environment, which is expected to be completed on Tuesday.

Today was fascinating and for more detail, I'd encourage you to refer to the full transcripts on the My Environment website. You can already read all the transcripts up to and including today, here.

Our sincere and grateful thanks to the many of you who have made financial donations. We are close to $100,000 now, approaching half of what is needed to support the extraordinary, systematic and comprehensive preparation done for our case, so please help if you can.

And, as usual, please forward this message to any kindred spirits. In view of the broader implications of this case the larger ENGOs (Environmental Non-Governmental Organisations) are carefully watching developments but still not supporting us financially - yet! If you are a member, please give them a call or drop them a line.

Many, many thanks,

For our fabulous forests,

Steve

[Stephen Whiteside]

Steve Meacher.



Hi there CH forest fighters,

Urgent action required, please spread the word far far and wide.

We are in the middle of some of the most important weeks of our forest campaigning lives (and what a historic time it is), but it is pretty critical that we get the Central Highlands community to contact Rob Oakeshott and Tony Windsor's offices to talk very passionately from a local perspective about the importance of maintaing the prohibition on earning RECs by burning native forest biomass for renewable power generation. Even though we are outside of their electorates, they are making decisions that impact nationally.

You can see coverage of Oakshott's move in the papers:
http://www.theaustralian.com.au/nationa ... 6267178121
http://www.theage.com.au/environment/an ... z1lvLFxXIW

The Sylvia Creek case is a rallying cry to end the madness of native forest logging, and this proposal gives a lifeline to the industry.

Key points to make:
Woodchipping drives the logging, it is the largest portion of the logging, paper companies are moving to plantations and this will entrench ongoing forest conflict
This is not about small sawmills, it is about industrial energy production from native forests
Here in Victoria, VicForests is about to put 837,000 tonnes of wood up for sale potentially to coal fired powerstations - this will almost guarantee extinction of species
We are in the middle of a court case over this very issue - burning forests for power will simply put more pressure on a forest ecosystem that has suffered from 3 major fires and 3 decades of over logging
Recovery of sawn timber is about 30% with >70% going to waste. Over 85% of what comes out of a forest turns into waste, woodchip and sawdust.
Our forests need protection, not to be logged and burned
For more commentary and background information:
Crikey - Oakeshott, Windsor biomass burner scheme Pythonesque - Andrew Macintosh
The Conversation - Oakeshott’s call for wood-powered electricity means more logging - Judith Ajani
The Age - Native woodchipping sector in rapid decline - Warrick Jordan
Rob Oakeshott delivers blow to Greens with move on wood waste ban - The Australian
Anger at independent MPs on woodchips - The Age
Oakeshott’s backflip on native forest biomass is bad for koalas and bad for the climate - Australian Forest and Climate Alliance
Wood energy way to go: MP - Port Macquarie News

It would be good to call ALL the following numbers.

Rob Oakeshott's details:

- Parliament House (02) 6277 4052
- Port Macquarie Office (02) 6584 2911

You can also use this contact form: www.roboakeshott.com/contact-rob or email on robert.oakeshott.mp@aph.gov.au

Tony Windsor's details:

- Parliament House (02) 6277 4722
- Tamworth Office (02) 6761 3080

http://www.tonywindsor.com.au/contact.html or email at Tony.Windsor.MP@aph.gov.au

For everyone living in and around Toolangi it would be important to copy to their Federal MP Rob Mitchell at
rob.mitchell.mp@aph.gov.au

These below are also worth contacting with a polite short email - especially if you happen to be in their electorate, or maybe pass this on if you know friends who are.

Malcolm.Turnbull.MP@aph.gov.au,
Greg.Hunt.MP@aph.gov.au, Tony.Burke.MP@aph.gov.au,
mark.dreyfus.MP@aph.gov.au, mike.kelly.MP@aph.gov.au,
tony.crook.MP@aph.gov.au

Also people could also sign the following petitions:

http://www.change.org/petitions/rob-oak ... generation

http://www.getup.org.au/renewables-not-forest-furnaces

[croc]

...
When the figures are drawn up, and it's all that wood to coal fired power stations, i greive for the animals. Money will have it's sway. It always has done, for as long as I can ever remember. I still continur to hold all hope for the marsupial possum.

Thanks Stephen...
...croc

[Stephen Whiteside]

Steve Meacher.



Good evening tree defenders,

Today in the Supreme Court we heard the final statement for the Defence, presented by Mr Waller. As expected in a closing statement there was little new, but there were some interesting interjections from His Honour, as you will see in the transcript, link below.

Ms Walker began the closing statement for the Plaintiff (that's us!) at 3:05 pm and will resume tomorrow at 10:30 am.

Please join us in Court to show your support on the last day, if you can.

The full transcripts are on the My Environment website. You can already read all the transcripts up to and including today, here.

Our sincere and grateful thanks to the many of you who have made financial donations. Over the weekend we passed the $100,000 milestone, on the way to half of what is needed to support the extraordinary, systematic and comprehensive preparation done for our case, which is now reaping rewards in the summary. Please help if you can.

And, as usual, please forward this message to any kindred spirits. In view of the broader implications of this case the larger ENGOs (Environmental Non-Governmental Organisations) are carefully watching developments but most are still not supporting us financially - yet! If you are a member, please give them a call or drop them a line. Of course, TWS has been on board since the blockades last year and we are most grateful for the support they have given throughout the campaign.

Many, many thanks,

For our fabulous forests,

Steve

[Stephen Whiteside]

Steve Meacher.



Good evening forest lovers and protectors,

The final day of the Supreme Court hearing of My Environment -v- VicForests opened with the continuing concluding statement by Ms Walker on behalf of the Plaintiff. Onlookers in the gallery were awed by the systematic and detailed approach with which Kristen delineated and connected the main features of the the case. As occurred during VicForests' submissions yesterday Justice Osborn interceded several times to highlight particular issues on which he sought assistance.

After lunch the Plaintiff's submissions were completed and Justice Osborn flagged that when he comes to consider relief he might need to hear further from the parties. However, in the first instance he must grapple with his findings.

On completion of the Plaintiff's submissions, Mr Waller made a very brief reply. Justice Osborn then succinctly encapsulated the questions at the centre of the case. In defining Zone 1A Leadbeater's habitat, is VicForests obliged to count all Hollow-bearing Trees or not? What were VicForests meant to look for? He observed that the prescription is not free from difficulty.

In wrapping up the case, his honour noted that there is substantial public interest in the issue and that he had been assisted by being provided with very full submissions; finally, he would need time to consider.

The hearing was adjourned, Sine die (i.e. without a date set to resume).

Now all we can do is wait to be called back and we have no real estimates of when that might be. It is likely to be no less than a month but could be a few, or several! When we are called notice is likely to be short, only a day or two, so keep watching your emails for news.

In the meantime full transcripts are on the My Environment website. You can already read most of the transcripts, here. Today's will be added as soon as it becomes available

Once again, our sincere and grateful thanks to the many of you who have made financial donations. Over the weekend we passed the $100,000 milestone, on the way to half of what is needed. Please help if you can, even though you will not now be receiving daily reminders. The case may be over but the bills remain!

And, as usual, please continue to spread our message to any kindred spirits. In view of the broader implications of this case the larger ENGOs (Environmental Non-Governmental Organisations) are observing developments but most are still not supporting us financially - yet! If you are a member, please give them a call or drop them a line. Of course, TWS has been on board since the blockades last year and we are most grateful for the support they have given throughout the campaign.

Many, many thanks,

For our fabulous forests,

Steve

[Stephen Whiteside]

Steve Meacher.



Good morning forest friends,

This is just a short message to alert those of you who are eagerly waiting, that the final day's transcript is now available on the My Environment website. You can read it, and all the others, here.

Donations continue to creep up, our sincere and grateful thanks to the many of you who have made financial donations. Last weekend we passed the $100,000 milestone, so we are gradually closing in on half of the total needed. Please help if you can.

Though you will not now be receiving daily updates, I will pass on news of any important developments or events, and of course, I'll let you know immediately we receive notice to return to court for the decision. You won't want to miss it!

And, as usual, please continue to spread our message to any kindred spirits. In view of the broader implications of this case the larger ENGOs (Environmental Non-Governmental Organisations) are observing developments but most are still not supporting us financially - yet! If you are a member, please give them a call or drop them a line. Of course, TWS has been on board since the blockades last year and we are most grateful for the support they have given throughout the campaign.

Many, many thanks,

For our fabulous forests,

Steve

[Stephen Whiteside]

Steve Meacher.



Good afternoon Forest protectors, one and all,

We always knew there might be short notice and there is!

We've just been advised this afternoon that His Honour Justice Osborn is ready to present his Judgement in My Environment Inc. -v- VicForests.

It will be tomorrow, Wednesday 14th March, at Court 1, Ground Floor, Old High Court, 450 Little Bourke Street, Melbourne.

The Old High Court is at the back of the Supreme Court building, so Flagstaff is still the nearest station. Walk down one more street, past the front entrance to the Supreme Court, and turn left into Little Bourke.

Trains are not so frequent at this time and travel round the loop via Flinders Street (where there is a 4 minute wait). Suitable times from Lilydale will be the 2:09pm and the 2:39pm, getting to Flagstaff at 3:13 and 3:43 respectively.

Please come along and join us there - it will be an event not to miss!

Please forward this message to others and if you know of people who don't have email please give them a call. We'd hate for anybody to miss out just because they didn't get this message.

See you there,

For the forests (and so much more),

Steve