NOTICE OF DEMAND
TO State Forestry N.S.W. FROM the Upper Clarence
Attention of S D Rayson Protection Coalition
Cnr of Canterbury & Walker st's c/o P.O. Box 499 Casino N.S.W. Nimbin N.S.W.

Ph 612 666 24499 Contact Ph 02 66 891441

Fax 61266625826 Fax 02 66 891492


This notice is written in direct response to you're recent operations in Ewingar State Forest as.
1, Negotiations have been sought between State Forests and the Rightful Custodians whom hold native title over Ewingar S.F. . These negotiations have failed to attain a mutually satisfactory conclusion.
2, You're office has received numerous correspondence from the Honourable
Members of the Electors Parliament whom are in part represented here today by the Upper Clarence Protection Coalition .
3, You're office was informed in January '03 that if operations were to continue that their would be another gathering of concerned citizens in protest to
The disgraceful lack of regard for our forests demonstrated by you're organization, you're self and those under contract to you .
4, You're office was informed in the presents of two police witnesses that if current practices were to continue that legal action would be taken against you
and you're office.
FACTS
Please take notice that this notice of demand arises pursuant to the following facts.

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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