Barjarg-Harpers Rd planned burn – what can we learn?

This is the first of two posts describing the first day of the Barjarg-Harpers Rd burn. This post, a rather lengthy one, examines what was planned for this burn and what we saw on Day 1.

On May 8, 2024, a 540 ha area of the Strathbogie Forest was set alight as part of DEECA’s planned burn program (for fuel reduction). Known as the Barjarg-Harper’s Rd burn, this forest is home to the nationally endangered Southern Greater Glider (Petauroides volans).

As described in communication with Victoria’s Chief Fire Operator, the burn delivery plan shows there are ignition lines along virtually every ridge across the entire 540 hectares of the burn (see also map, below). This appears surprising given the threat fire poses to the species and that the area “was part of recent monitoring project which detected high densities of Southern Greater Glider. It is likely this species occurs throughout Foothill Forest within the broader burn footprint – especially along gully and drainage lines where larger hollow-supporting trees are numerous.” (DEECA Barjarg-Harpers Rd Delivery Plan, 3-7-2023).

Barjarg-Harpers Rd planned burn map (DEECA Barjarg-Harpers Rd Delivery Plan, 3-7-2023). Yellow boxes = my mark-up.

As well as including the above map, the Delivery Plan notes several mitigation measures to reduce the impact of the burn “on this important area for Greater Glider” the most pivotal of which is to:

• “Ensure that fuel moisture differentials are sufficient that they moderate against higher intensity burn coverage and exclude fire from damper drainage lines and gully systems.” (Ibid.).

The Delivery Plan also notes that burn coverage is expected to be >60% and that the “Burn unit has significant variability in topography and slope” (Ibid.).

The nature of the Delivery Plan seems particularly problematic for the Southern Greater Glider given DEECA’s own research has found that, of all the hollow-bearing trees in the study that were reached by fire (273 trees), 52% of those trees either collapsed or sustained serious structural damage.

Even more curious is the location of the burn exclusion zones, where fuel will not be reduced. These include those parts of the forest closest (within several hundred meters) to people and houses. In other words, fuel hazard reduction is excluded from precisely those areas where peer-reviewed research tells us fuel management is most beneficial – “Clearing vegetation around houses was at least twice as effective as recent prescribed burning in the near vicinity for protecting houses on Black Saturday (Dr Geoff Cary pers. comm. to ABC Science 2012) (also Gibbons et. al. 2012, Leonard 2020).

Now, call me risk averse, but igniting most ridge-lines in a topographically complex burn area (with very steep slopes, up to 22 deg/40%), to achieve a burn coverage of >60%, excluding fuel hazards closest to assets, all while trying to maintain a healthy population of a nationally endangered species, appears fraught. A bit like Wilhelm Tell’s dilemma – not much margin for error and perhaps misguided from the start!

Is DEECA genuinely concerned about the impact this planned burn could have on a nationally endangered species, or is the risk of impacting the Southern Greater Glider considered acceptable collateral damage? How can DEECA even assess whether its Delivery Plan mitigation measures for the Southern Greater Glider have been successful?

When a planned burn doesn’t go to plan

The Mt Albert burn south-west of Swanpool was ignited over two weeks ago, on 24th April, 2024. On the day of ignition it produced as much smoke as a sizeable bush-fire and produced its own fire weather. It was certainly a far cry from the way planned burns are portrayed by the Victorian government, below image:

Victorian government websites often portray planned burning as being pretty benign (FFMV website).

The above image doesn’t convey the whole story – Mt Albert planned burn, below. For explanation of the photo, see Open letter to the Chief Fire Officer..

With the Mt Albert burn still in the ‘Patrol’ phase, public entry is restricted so it’s not possible to assess the burn’s impact. However, it’s also clear that it’s too early to be able to assess the burn’s impact. Within a week most of the smoke had cleared, though there were still smouldering logs and tree stumps visible from the burn perimeter (Police Tk).

In the second week after ignition, when the weather warmed and a breeze sprang up, parts of the smouldering burn reignited and began producing copious smoke (below). Pictured are fires in three separate gullies within the Wild Dog Creek catchment. So, although the burn operations plan insisted that the fire should “exclude drainage lines and gully systems” – that’s exactly where these fires are now burning. This is not the fire misbehaving, this is mismanagement. Wild Dog Creek is rich in wildlife and is known habitat for the Southern Greater Glider. Forest Fire Management Victoria knew this and deliberately ignited multiple ridge lines in that gully system. We pointed out the risk to them in an email and with maps. They chose to ignore those concerns and took the risk.

The amount of smoke produced, which lasted several days, indicates there was/is significant timber burning. Is it fallen timber? Is it glider habitat trees? Is the fire toppling old giants, then burning down into their root-systems, where it could smoulder for weeks? That’s just what happened in the Tames Rd planned burn in 2015. The below pictures are a reminder that planned burns can have significant environmental impact. What carnage will we find in these Wild Dog Creek gullies when we finally go in to assess the impact?

It appears that sometimes, planned burns don’t go to plan.

Open letter to the Chief Fire Officer, Victoria

Dear Mr. Hardman

A recent planned burn in the Strathbogie Forest, one of two conducted this season, would appear to have burnt more severely than intended. Note the amount and nature of the smoke plume from the Mt Albert planned burn (670 ha), pictured here and described more fully below.

It makes me wonder whether Justice Horan in the recent Federal Court case, upon seeing this, would still conclude “the planned burns … will generally result in low intensity fire with limited impacts on the canopy in most of the planned burns areas.”

A key operational goal for the Mt Albert burn was to “Ensure that fuel moisture differentials are sufficient that they moderate against higher intensity burn coverage and exclude drainage lines and gully systems“.

At this time, the fire is still active, so assessment of its impact has not been possible, but it appears likely to have burned with greater severity and possibly caused more damage than intended, particularly in the Wild Dog Creek gully system where there is a known population of the endangered Southern Greater Glider. Today, one week after ignition, there is still fire in the unit and burning and smouldering trees and stumps are visible from Police Tk. Most likely, Southern Greater Glider habitat trees will continue to be destroyed for some time.

I request from yourself and DEECA/FFMV:

• A formal, independent review of the Mt Albert planned burn to assess its impact and compliance.
• Conduct detailed fire severity mapping of the Mt Albert planned burn.
• Sharing of results of the above investigations with the community.
• A postponement of further planned burns in the Strathbogie State Forest pending the review into the Mt Albert burn.

I shudder to think what we’ll find when we eventually walk through this burn to assess impact on the Southern Greater Glider population and its habitat.

The smoke plume and witness accounts from nearby residents suggest fire severity, including flames in the canopy, is likely to have resulted in substantial wildlife mortality, including of the Southern Greater Glider.

On 12^th April this year I wrote to the Senior Forest Fire Management Officer, Goulburn District, expressing concern about the ignition pattern in the operations plan. My particular concern was the density of ignition points in and around a known Southern Greater Glider population in the Wild Dog Creek catchment. I received no response to those concerns.

On 23^rd April this year, when the severity of the Mt Albert burn became apparent, I immediately wrote to Ms. Claire Kiely, DEECA Regional Manager, Hume Region, and other DEECA managers, requesting that the next planned burn scheduled for ignition in the Strathbogie Forest, Barjarg-Harpers Rd, be postponed.

In the similar sized Barjarg-Harper’s Rd burn unit (540 ha) Southern Greater Gliders are much more abundant than in Mt Albert, occurring throughout much of the forest – not just along waterways. The burn operations plan for Harper’s (January version, below) shows that the majority of the entire burn unit will be ignited – there are ignition lines along virtually every ridge. If Harper’s is ignited in similar conditions to Mt Albert, the burn may result in similar negative impacts.

Below, I set out in more detail the rationale behind these requests.

Sincerely,

Bertram Lobert, President Save Our Strathbogie Forest

Planned burns not exempt from federal environment law

The case we brought to the Federal Court made several claims. At the center of the case were four planned burns in high quality Southern Greater Glider habitat, where we had previously detected high densities of this nationally endangered gliding possum.

We are certainly disappointed that the court is allowing these four burns to proceed in their current form, without any modification. Despite all the scientific evidence presented in court about the damage the burns could do the government, through Forest Fire Management Victoria, has been given the green light to proceed.

We believe that this threatens one of the healthiest populations of the nationally endangered Southern Greater Glider and will further degrade the outstanding values of the Strathbogie Forest.

But that’s not the whole story. One issue that our case tested was whether planned burns for fuel reduction should be answerable to federal environment law – something the Victorian Government has steadfastly and actively denied for decades.

Significantly, that claim was successful. We are heartened by Justice Horan’s ruling that planned burns are not exempt from the requirements of the Environment Protection and Biodiversity Conservation (EPBC) Act. We take this as a significant win for the environment and ample justification for running the case.

This decision now makes it clear that the State of Victoria and other jurisdictions have to meet a higher bar of environmental standard before they can burn. For example, if a planned burn will have, or is likely to have a significant impact on an EPBC listed species or habitat, that burn should be referred to the Federal Environment Department.

We are still considering the details of the ruling and anticipate that we may appeal parts of it. We will have more to say about a possible appeal in the coming days.

Media Enquiries: Mr. Bertram Lobert, President Save Our Strathbogie Forest Inc.

0409 433 276,  bertram.lobert@activ8.net.au

Decision on the FCA website

Strathbogie Forest supporters outside the Federal Court of Australia, Melbourne

Official court result MR, below.

Court-result-media-release_5-april-2024Download

MEDIA ALERT – Save Our Strathbogie Forest Inc.

Protecting the Southern Greater Glider from planned burns in the Strathbogie Forest

JUDGMENT DELIVERY – VID432/2023 – Save Our Strathbogie Forest Inc v Secretary to the Department of Energy, Environment and Climate Action and Attorney-General for the State of Victoria

The Federal Court of Australia has advised that judgement will be handed down by Justice Horan in open court:

– 11 am

– Tuesday 2^nd April, 2024

– Court One (Level 8), Federal Court of Australia, 305 William St, Melbourne

The hearing will also be live streamed – https://www.youtube.com/user/FederalCourtAus

Enquiries:

Mr. Bertram Lobert, President Save Our Strathbogie Forest Inc.

0409 433 276

bertram.lobert@activ8.net.au

Southern Greater Glider, planned burns in the Federal Court

The court case brought by Save Our Strathbogie Forest to stop four planned burns in Southern Greater Glider (Petauroides volans) habitat in the Strathbogie Forest is nearing conclusion. The two-week hearing has ended, with a decision from Justice Horan expected ‘soon’.

Over the course of the hearing and case preparation, we have developed such respect and admiration for our legal team. Vanessa, our solicitor and Angel, our barrister (pictured, and others), pursued every angle of the argument, that planned burns in the four proposed areas would likely have a significant impact on the Southern Greater Glider and its habitat. They actually became the content experts in the case(!), which shone through and made all the difference.

The vibe from the gallery was that we won the argument, on the evidence, however, that’s not to say we will win the case, although we are hopeful.

From start to finish, it was a roller-coaster. Using the analogy of a five set tennis match (the hearing was held over ten days), there were multiple breaks of serve throughout and a couple of sets went to tie breaks. The ump was definitely imposed himself on the match and both sides challenged close-calls. SOSF used some drop-shots and top-spin lobs to catch the opposition flat-footed and out of court position.

Mercifully, we’ve been told we can expect a decision in the next week or two. That probably won’t involve any court time, we’ll just get the result. Following the result, regardless of who wins or loses, the decision may be appealed.

During the early parts of the trial, I was isolating at home with COVID and watching the live stream. I did manage to get to the two final days of sitting which showed me how different the two experiences are. The audio online was superior, but the view was dictated by the cameras. The court room itself has poor acoustics, but that’s counterbalanced by being able to see all the goings-on. I must say it was an overall absorbing event and one hard to convey to others in words. I’m particularly grateful to several committee members and supporters that populated the public gallery in the Court room throughout the case. It demonstrated that our case has strong community support.

At the end of proceedings, we gathered for a brief celebratory drink across the road from the court. The decision may still be in the balance, but challenging these burns and bringing this important issue to broader public and legal attention is already a win!

Photo – our team, Vanessa and Angel, being celebrated and enjoying refreshments at the end of the hearing.
 

Allan government in court over Planned Burns in Strathbogie Forest

Community group Save Our Strathbogie Forest has launched a legal challenge against the State of Victoria to halt several planned burns in the Strathbogie Forest, pending a review of these burns under Australian Government law, the Environment Protection and Biodiversity Conservation (EPBC) Act.

There is a considerable and growing body of evidence that shows the serious and negative impact planned burning (aka fuel reduction burning) can have on forest ecosystems.

One of the more immediate and consequential impacts of planned burning is the loss of hollow-bearing trees (and their hollows) for those fauna species that rely on hollows either seasonally, for breeding, or daily, for shelter. Australia has amongst the largest number of hollow-dependent fauna, over 300 species, of any country.

One of the few ancient Victorian Blue Gums in this part of the forest, destroyed by a planned burn, Strathbogie Forest (Image: Bertram Lobert).

The Strathbogie Forest is a recognized stronghold for the Southern Greater Glider (Petauroides volans), a species that relies on hollows in large, old trees and is protected under state and national environment laws.

Between 2016 and 2019, citizen science surveys and government research detected high densities of the Southern Greater Glider across large parts of this 24,000 ha forest, among the highest densities recorded for this species anywhere in southern Australia.

In the 2023-24 fire season, the Victorian government has plans to burn several thousand hectares of forest habitat as part of their annual planned burning program. Much of the forest slated for burning is known to support populations of the Southern Greater Glider. The Save Our Strathbogie Forest community group believes these burns will 1) significantly degrade Southern Greater Glider habitat by killing and burning many of the hollow-bearing trees the species needs to survive and 2) directly kill many hundreds of the gliders.

The Strathbogie Forest is a stronghold of the nationally endangered Southern Greater Glider (Image: Lance Williams)

We have enlisted the assistance of Bleyer Lawyers to challenge the legitimacy of these burns in the Federal Court.

Our case claims that the planned burning in the Strathbogie State Forest constitutes an action that:

• will have a significant impact on; or
• is likely to have a significant impact on the Southern Greater Glider;
• in that fire:
• leads to a long-term decrease in the size of an important population of Southern Greater Glider;
• reduces the area of occupancy of an important population of Southern Greater Glider;
• adversely affects habitat critical to the survival of the Southern Greater Glider.

Hence, we are seeking an injunction pursuant to s 475(2) of the EPBC Act restraining the respondent from undertaking or authorising the planned burns in the four identified burn areas in the Strathbogie State Forest.

Should our legal challenge be successful, the Victorian Department of Energy, Environment and Climate Action should be required to refer future planned burns in the Strathbogie Forest to the Federal Environment Department. That Federal Department should then decide how or if planned burns should proceed given the significant impact of them on the Southern Greater Glider habitat in the Strathbogie Forest.

Bertram Lobert

President, Save Our Strathbogie Forest

• Applicant Statement of Claim
• Respondent Defense
• Court Order 19.10.2023
• Notice of a constitutional matter

The hearing will commence at 10am on Monday January 29th in the Federal Court of Australia, Owen Dixon Commonwealth Law Courts Building, 305 William Street, Melbourne.

For the Forest – art at the Lowie

The beautiful Lomond Hotel in Nicholson St., Brunswick East (aka ‘The Lowie’), is hosting our absolutely spectacular exhibition of forest-inspired art. Bush Gatherings has curated more than 30 works for display and sale in this exhibition of artists, who all have links to the Strathbogie Forest, north-east Victoria.

Opening night for this unique and inspired exhibition of works is Thursday 11th January, 2024, from 5.30 pm. All proceeds from the sale of works will help fund our legal action to protect the Southern Greater Glider and it’s Strathbogie Forest home from planned burns.

Catalogue of art works will be available on the night (sneak preview here).

Works can be purchased at the ‘buy now’ price, or by bidding (silent auction). Bids and sales will be finalized on 28th January. Inquiries, bids and sales – contact 0417 166 824 or 0432 599 044.

Or, to make a one-off, tax deductible donation, visit our Chuffed fundraising page.

art-sale-catalogue-26th-january-no-reservesDownload

SOSF Art Auction – It’s On!

Buy or bid for forest art at the Save Our Strathbogie Forest online art sale. Purchase some amazing and affordable art and help raise money for our legal case.

Visit the SOSF Facebook page to get involved on-line, better still, view the works in person at the Lomond Hotel, Nicholson St, Brunswick East, from the 11th to 28th January, 2024 (and have a celebratory drink while you’re there!). Some works can be viewed in Violet Town, by appointment (contact 0417 166 824 or 0432 599 044).

art-sale-catalogue-26th-january-no-reservesDownload

You can either purchase a work immediately at the buy now price, bid the reserve price, or you can bid what you would like to pay. New art works are being added all the time.

Works will be exhibited in Melbourne at the official launch, 11th January 2024. Catalogue available at the launch.

Here’s a taste…

Amy Cohen: no title, jelly print

Daniel Prentice: Mt Hotham, photograph 50 x 70 cm

Horst Somma: Sea, acrylic on board

Serana Hunt Hughes: Metamorphosis, Digital Giclee Print, 16 x 20 cm

Nancy Gaymala Yunupingu: Wan’kurra, original etching on paper

Annette Walton: For the forest, Giclee Print

Jen Wilson: Koala, acrylic on canvas

Sim Ayres: Forest Trees, framed print of original art, printed on high quality archival paper



LOTs are in trouble

The impact of planned burns on Large Old Trees, LOTs, is a major cause of their decline and the decline of fauna that depend on these trees for survival.

LOTs are the immediate and visible victims of planned burns – both during preparation for the burns and from the burns themselves. This matters, as LOTs are critical components, keystone structures, in all our native forests. In the Strathbogie Forest they provide the vast majority of tree hollows for the Southern Greater Glider, the endangered species at the center of our legal challenge.

The Southern Greater Glider faces significant future threats, but primary among all threats that we have any direct control over, is the presence and availability of LOTs. So, let’s have a closer look.

An ancient Blue Gum (diameter at breast height 1.5 m), a known den tree for the Southern Greater Glider, with multiple large hollows and a hollow center pipe – highly vulnerable to any fire.

LOTs come in all shapes and sizes and in the Strathbogie Forest are almost exclusively eucalyptus trees. Eucalyptus are an incredibly diverse group of plants and define the landscape across much of the Australian continent.

One of their defining and ecologically most influential characteristics, is their propensity to develop hollows in still-living trees. Is it a coincidence that eucalyptus trees form hollows and Greater Gliders (and many other species) need and use these hollows? Hardly! We are witness to a multi million-year relationship where plants and animals have adapted to each other and their changing environment, to evolve the wondrous beauty of nature – that’s why people care!