Landmark decision on logging

By Jed Lanyon

Environmental group Friends of Leadbeater’s Possum has won its Federal Court case against state logging agency, VicForests, which will see further protections to forests subject to logging.

Although the court reached its conclusion on the case in May, Justice Mortimer’s orders on Friday 21 August granted final injunctions to protect 66 coupes home to the threatened Greater Glider and critically endangered Leadbeater’s Possum subject to the case.

The Judge made formal declarations of unlawful logging by VicForests in a case that will have national implications for species threatened by logging under Regional Forest Agreements across the country, now facing much greater scrutiny.

Steve Meacher, president of Friends of Leadbeater’s Possum said the judgment handed down was “a gratifying close to the rollercoaster-ride” of the past three years.

“These orders provide protection on the ground of precious forests that are the homes of Leadbeater’s Possums and Greater Gliders,” he said.

“Our evidence and arguments have been resoundingly vindicated and we hope this result will have a real impact to relieve the threat of extinction for these very special endangered (animals) and to protect the forests in which they live.”

Vicforests released a statement stating that they would “move quickly to lodge an appeal” following the Federal Court Orders.

“The orders made by the Court make it clear that the decision relates only to the small number of forest areas that were the subject of the proceeding. It was based on areas harvested between 2014 and early 2019,” the statement reads.

“VicForests has now moved to a fundamentally different approach to harvesting that provides even greater protection for threatened species.

“This is in addition to the government setting aside extensive areas for biodiversity protection at the end of 2019, including 96,000 ha set aside last November as part of its Victorian Forestry plan.”

VicForests said all timber harvesting and regeneration operations have and will continue to be conducted in accordance with Victoria’s strict environmental regulations.

Environmental Justice Australia senior lawyer Danya Jacobs said this was the first time the Federal Court had granted an injunction to prevent logging of threatened wildlife habitat and the first time Victoria’s logging industry had been held to account under federal environmental law.

“The outcome of this case demonstrates that properly enforcing our environment laws is critical to stem the loss of wildlife in this country,” Ms Jacobs said.

“This case proved that a state agency unlawfully logged 26 areas home to species at risk of extinction which are meant to be protected by both state and federal law – and planned to unlawfully log another 66.

“We hope the Court’s orders send a strong message to governments and industry across the country that if they flout the law at the expense of our threatened wildlife, the community will hold them to account in court.”

“Australia has just lost billions of animals to catastrophic bushfires – one of the worst environmental disasters in living memory – and Australia has the highest rate of mammal extinction in the world.”