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##  BEC media Amicus $450k find- National Indigenous Times

Landmark court ruling orders $450,000 compensation for cultural harm to Gumbaynggirr peoples  Alexandra GiorgianniPublished March 18, 2026 

Trees were unlawfully felled on Gumbaynggirr Country. Image: Supplied. 

The NSW Land and Environment Court recently ordered the NSW Forestry Corporation to compensate Yurruungga Aboriginal Corporation $450,000 for destroying culturally significant, protected trees in Wild Cattle Creek State Forest on Gumbaynggirr Country.

Last Friday, the NSW Forestry Corporation (FCNSW) was convicted of breaching the Forestry Act 2012 during forestry operations between June and July 2020.

The Land and Environment Court stated that FCNSW had failed to identify, map and record six giant trees and three hollow-bearing trees, deemed culturally significant for the Gumbaynggirr peoples, before forestry operations.

Though not criminally negligent, Justice Nicola Pain ordered FCNSW to pay $450,000 to the Yurruungga Aboriginal Corporation (YAC) for restorative justice activities and bio-cultural repairs.

It's believed to be the first time FCNSW has ever been ordered to make financial restitution for cultural harm.

Cultural harm to Gumbaynggirr culture

Multiple Gumbaynggirr representatives provided testimony to the negative impact of the illegal tree removals, which the Court considered in determining 'cultural harm'.

Case filings reported that Dean Kelly of the Budaabang clan of the Gumbaynggirr Nation and Ceo of YAC had suffered "significant mental anguish and distress" after observing the stumps of the felled trees.

"It was evident to him that the post-harvest landscape in the immediate vicinity of the felled trees was significantly damaged," the document read.

Mr Kelly argued that unlawful removals had compromised species of flora and fauna that have cultural significance to the Gumbaynggirr peoples, "severing ancestral ties, disrupting symbiotic relationships, and causing irreparable cultural loss."

The loss of the giant trees was also described as "death by 1000 cuts" by Dr Chels Marshall, a traditional owner andknowledge holder in Gumbaynggirr Country and cultural ecologist 

Dr Marshall highlighted the damage caused to Gumbaynggirr culture, intergenerational knowledge, and identity through the tree removals—such as the loss of the habitat for Gumbaynggirr totem species, and the loss of giant trees used as points or location guides by the Gumbaynggirr people.

Restorative justice orders

Following the findings, the Court issued a series of restorative justice orders.

The Court ordered FCNSW to pay YAC to undertake a range of restorative justice projects, including: a healing ceremony; site repair plans; cultural mapping; ecological assessments; a Gumbaynggirr Forestry working group, and the training of rangers as Gumbaynggirr Guardians. FCNSW will also cover all related costs, such as transport, venues and catering.

It was also ordered to publish notices in selected national, state and local newspapers acknowledging the offences and penalties.

While the Court did not find FCNSW criminally negligent and did not impose additional tree-protection orders, it directed the organisation to engage independent consultants to review its logging processes and training.

Some of the giant trees felled in Wild Cattle Creek SF

Future compensation claims 

Spokespeople from Bellingen Environment Centre (BEC) believe that this case opens doors for future compensation claims for cultural harm against FCNSW.

"Though it's their 14th criminal conviction, this is a landmark decision because for the first time, Forestry Corporation (FCNSW) must carry out court-approved restorative justice actions for their admitted forestry breaches, in this case in Wild Cattle Creek State Forest, in 2020," said Ashley Love, spokesperson for BEC.

BEC was represented in Court as amicus curiae (friend of the court) by member Dr John R Corkill, and had asked the Court to hear from Gumbaynggirr Elders during their application.

The Court agreed and authorised a restorative justice conference in April 2025 involving Gumbaynggirr Elders and YAC, which recommended appropriate restorative actions.

BEC President Cath Eaglesham commented that it was unusual for the organisation to appear as amicus curiae in court proceedings. She said the Court's decision to accept written evidence on the forest's ecological values and the community's views was significant for future cases.

"We are glad that Forestry Corporation has been held to account and thrilled that Gumbaynggirr people will be able to use this money to 'put things right' and protect places of cultural significance," said Ms Eaglesham.

"BEC congratulates Aunty Alison Buchanan, Gumbaynggirr Elders and YAC for securing these positive outcomes from these admitted offences."

Dr Corkill also explained that FCNSW has a long history of breaking the law, and he expects other First Nations people to seek similar claims following this case.

"We now have a court determination that the existing mechanisms are criminally deficient and need to be overhauled," he said. We know Forestry Corporation doesn't abide by the law, so sadly, this won't be the last of the illegal destruction we see from this government-owned enterprise."

"They have proven themselves criminally incompetent time and time again."