In 1998 organic farmers near Bendoc in East Gippsland found traces of simazine on their property and linked it to plantations established to Harris-Daishowa. In the ruling of the case the magistrate found that the council failed; i) to undertake further sampling to determine the extent of the use of Simazine . . . and the long term impact of simazine on the proposed plantation site and organic farm, ii) to consider whether the prior use and proposed use of Simazine has and will continue to jeopardise the capacity of the organic farm to obtain organic certification from the Biodynamic Farming Association or the National Association of Sustainable Agriculture Australia, iii) to consider whether the proposed use of Simazine and Roundup on the proposed plantation site is simply incompatible with the agricultural practices of the adjacent organic farm, iv) to adequately consider the potential consequences of the use of Simazine and Roundup at the proposed maximum application rates upon the organic farm and nearby watercourses; or v) to specify any requirements for monitoring the effects of the use of Simazine and Roundup and any other effects of the establishment of the timber plantation upon the organic farm and nearby watercourses.
‘Prior to this application, there had been no planning permit conditions relating to the use of herbicides for plantation development. In fact, no individual nor any authority has raised the issue of herbicide use in plantations with Council even though the use there of it clearly indicated in each proposal’.