1, An amiable agreement has never been reached between State Forestry and
The traditional custodians of the land whom hold native title.
2, Ewingar Forest contains many sites of great cultural significance to the
people whom have traditionally cared for this land.
3, Many of these sacred sites have been destroyed already ,some as recently
as last week.
4, Ewingar Forest is one of the last remaining habitats for many Rare and Endangered
species.
5, Adequate surveys have never been conducted to ascertain proper species types
or populations.
6, Many colonies of rare and endangered species currently exist outside of designated
habitat areas .
7, many areas fostering significant numbers of senescent trees are currently
listed on harvest plans.
8, Senescent trees are a vital thread in the web of life and are needed to maintain
Bio diversity and habitat for the afore mentioned species.
9, Current Old Growth definitions need to be replaced in order to save existing
Bio Diversity.
10, Current logging practices are not sustainable .
11, Many breaches by you're organization of your own code of practices have
been detected and reported as yet without remit.
Ie:
a- Habitat destruction.
b- Creek mitigation.
c- Erosion control.
d- Inadequate species assessment.
e- Inadequate habitat assesment
f- Work cover safety breaches.
Such as operating dangerous machinery in close proximity to members of the public.
g- Inadequate Indidgenous consoltation .
12, Rising salinity is already a serious concern in this area as with most
of Australia ,you're current operations are in them selves a breach of you're
duty of care to both the forest and the concerned Honourable Electors of parliament.
13, Ewingar Forest is a vital buffer for rainforest in the Washpool N.P. in
the
Event of adverse weather conditions coming from the west during the dry season
,in light of recent fire events further deforestation is making this area already
listed as having high significance even more vulnerable.
14, Man was created of the earth and set apon it in order to replenish it, GENISIS
1:28.
15, “And God blessed Noah and his sons and said unto them be fruitful
and multiply and replenish the Earth “ GENISIS 9:1.
16, At Tort you have a duty of care and therefore are responsible unto future
generations for the bio diversity and condition of all Forests in you're jurisdiction
as Regional Manager of State Forestry North East Region.
Claims
Pursuant to the afore said facts, we claim.
1, That it is our right as Honourable Electors to take part in determining the
fate of our precious forests.
2, That State Forestry has a duty of care obligation at Tort to ensure the integrity
of The web of life is intact within State Forests.
3, That State Forestry has a clear duty of care obligation to manage our Forests
Responsibly.
4, That State Forestry has no lawful authority to conduct harvesting operations
Without the consent of the Native Title Claimants.
5, That failure of S.F. employees or contractors to cease operations whilst
in close proximity to members of the public constitutes unsafe work practice
and is contrary to law .
6, That the Management of State Forestry is responsible for the decisions of
its
Employees.
7, That current operations in Ewingar S.F. are irreversible and have a lasting
detrimental effect on the environment and do not constitute sustainable practice.
DEMANDS
Take Notice that you are required within 14 days of the service of this notice
of demand upon you to,
1, Cease all logging operations in Ewingar State Forest until such time as an
extensive assessment has been made as to the impact on flora and fauna species
and population by impartial experts on each individual genious in all compartments
and such findings have been excepted by all interested parties.
2, See that consultation procedures setout for Native Title negotiations be
strictly adhered to and completed to the satisfaction of all native title holders.
3, See that all related authorities for example the Environmental protection
authority , National Parks and wild life,The Department of water conservation
be consulted regarding all areas of significance according to mitigation concerns
habitat disturbance, Water catchment quality and that independent consultants
be contracted to do assessment and report on all afore mentioned concerns and
that recommendation be made to remedy all adverse environmental impact.That
These recommendations be put into place before any further logging operations
commence.
3,
Take Notice that failure within 14 days to comply with the afore said
Demands or demonstrate a proper defence against all the facts apon which
This demand is founded then it shall be taken that State Forestry ,
1, Admits the facts as said are correct AND
2, Admits that the claims arising from those facts are proper and reasonable
AND
3, Admits that the demands of this notice of demand must be complied with AND
4, Admits that we are entitled to apply to the court for summery judgment for
orders pursuant to the demands as herein stated.
Take Notice that
On 17th…being the …19th…...day after service of this Demand
I shall make an appearance in the magistrates court of
…NSW…...at…Lismore…...at…9.30…...am/pm
On behalf of the U.C.P.C.
And shall seek summery judgment that
1, All logging and clearing shall cease until such a time as afore mentioned
assessments be carried out to the satisfaction of all concerned.
2, That Ewingar State Forest be re gazetted as a national park on the grounds
of environmental and indigenous significance.
3, That all future negotiations concerning native title be done through the
proper channels.
FILED
Date …29/10/03
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