A magistrate has sent a message to the community that the courts will not tolerate people who trash the forests and think they are entitled to collect firewood.
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A Smythesdale man who repeatedly stole firewood from a state forest has been forced to forfeit two utes and pay a large fine as a deterrence.
Bradley James Hampson, 38, pleaded guilty at the Ballarat Magistrates' Court on Monday to five charges relating to the removal of timber from the Ross Creek State Forest.
Department of Environment, Land, Water and Planning prosecutor Stephen McGrath told the court Hampson was caught felling trees, cutting the wood with a chainsaw and removing it during a year-long DELWP investigation into the illegal removal of firewood in the area.
The investigation involved concealed cameras and DELWP officers on duty in the Ross Creek State Forest.
The court heard DELWP officers observed Hampson removing firewood from the state forest without a licence on March 6, 2019 and on April 11, 2019 when he used a chainsaw to fell six trees.
He was observed again on two other occasions chopping wood and removing it from the forest.
You reckon you are either entitled to it or you couldn't care less about anyone else's rights to enjoy an intact forest that is not attacked by individuals like you.
- Magistrate Leonard Brear
Hampson denied the offences when approached by DELWP officers and said he got the wood from a friend and was driving it to a private property.
DELWP officers seized three of his vehicles and chainsaws that were used during the offences.
Mr McGrath said an environmental assessment showed the felling of mature trees had removed habitat that included hollows for native species and driving in the area had damaged vegetation.
"These are deliberate, premeditated and unlawful offences," he said.
"He lies to officers despite being seen earlier chopping wood.
"This type of offending upsets the community... and can have a significant impact on the environment and habitat for native flora and fauna."
Mr McGrath said the repeated offending and the danger to the public in felling trees were aggravating factors.
A defence lawyer said Hampson decided to fell the trees and illegally remove the firewood because there was no wood left on the ground in designated collection areas.
The lawyer said the wood was for personal use and Hampson grew up chopping wood with his father and grandfather who were loggers.
"He referred to chopping wood as bushwalking with a chainsaw," she said.
The lawyer said the seizure of Hampson's vehicles and chainsaws was a significant financial loss.
Magistrate Leonard Brear said Hampson's repeated offending showed he had not learnt his lesson.
"He has over a long period of time logged trees illegally in the state forest," he said.
"You have had plenty of chances.
"You reckon you are either entitled to it or you couldn't care less about anyone else's rights to enjoy an intact forest that is not attacked by individuals like you.
"If others acted like you, where would we be as a community?"
Hampson was fined $10,400 and his three vehicles and chainsaws were ordered to be forfeited.
"Maybe the seizure of these goods will set you back for a while," Mr Brear said.
"If you get out and about doing this again you can expect to go to jail."
Hampson's brother Aaron Thomas Hampson was sentenced in January to a nine month community corrections order with 150 unpaid community work hours, a $500 fine and the forfeiture or two vehicles and chainsaws for illegally removing and selling firewood from the Ross Creek State Forest.
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