The Supreme Court has found VicForests has failed to protect endangered species during its logging protocols, with Justice Melinda Richards stating their actions posed serious risks and irreversible harm to greater gliders and yellow-bellied gliders.
In the case against Vicforests, Environment groups Environment East Gippsland and Kinglake Friends of the Forest claimed that VicForests’ logging risks these threatened species; that the required surveying for greater gliders is not carried out before logging; and that required protections of greater gliders and yellow-bellied gliders in areas being logged is not being implemented.
Justice Richards said in her conclusion that VicForests is not meeting its obligation to identify whether and when the greater gliders and yellow-bellied gliders are present and spotlight survey protocols leave most of the coups unsurveyed.
“Without knowing where the gliders are within a coupe, it is not possible for VicForests to take management actions to address risks to them,” Justice Richards said.
“The ecological evidence was that those gliders living in coups that are harvested in accordance with VicForests current practices will probably die as a result of the harvesting operations.”
The grassroots environmental groups, EEG, KFF and WE have been represented by barristers Jonathan Korman, and Kylie Western-Schuber, and lawyer Kwabena Larbi at legal firm Oakwood Legal.
Sue McKinnon, president of Kinglake Friends of the Forest said the decision was a win for the community and state forests.
“We are relieved that endangered Gliders may now have a chance at survival….Customers of VicForests include the Nippon Paper Mill, and Chep Pallets should move immediately now to 100 per cent plantation wood and stop purchasing from VicForests,” Ms McKinnon said.
Last week Warburton Environment won its case against VicForests, which determined that VicForests must survey for and protect threatened plant species, the Tree Geebung. Recently Vicforests paid $1.6 million to Friends of Leadbeater’s possum after losing 30 of the 31 claims in that case. Gippsland Environment Group’s case which is similar to KFF and EEG’s case is yet to be decided.
Gayle Cole, from KFF says “It’s costing the Victorian taxpayer millions for VicForests to keep logging and to defend their operations in court. This is without factoring in the loss of water, carbon storage, habitat, recreational space and the increased fire severity caused by logging.”
The permanent injunction details are yet to be finalised.
The proposal from Justice Richards is that VicForests must survey the whole of every forest stand they intend to log and exclude logging from the immediate home range of Gliders. In the the remainder of the forest stand, VicForests must retain at least 60 per cent of the basal area of the coupe, in addition to protecting suitable habitat features such as hollow-bearing trees and feed trees.
“The end of this horrendous practice is long overdue. Thanks to community efforts, I can see the end of clear felling Victoria’s precious native forests,” Ms McKinnon said.
A spokesperson for VicForests told the ABC it was disappointed by the court’s decision.
“We are reviewing the decision and considering our options,” the spokesperson said.
VicForests has 28 days to appeal the decision.
