Federal Court grants final injunction to protect habitats from logging

On 27 May 2020, the Federal Court of Australia issued a landmark judgement, which found in favour of the Friends of Leadbeater’s Possum (“FLBP”).  Final orders were awarded to protect 66 forest areas from logging by the State’s logging agent VicForests.  The forest is homes to the threatened Greater Gilder and critically endangered Leadbeater’s Possum.

Australia’s national environment protection law allows a special exemption to the logging industry, exempting them from laws that protect threatened species. The main basis for the exemption is the Regional Forest Agreements, which requires compliance with the Victorian Code of Practice of Timber Production.

The Federal Court found multiple breaches of the Code by VicForests, including failure to comply with precautionary principle laws in certain forests where Greater Gilders’ are living, as well as several other breaches of the Code relating to protecting Leadbeater’s Possum habitat.  The Court further found VicForests was not likely to comply with both state and federal laws on protection of threatened species in the future.  The Federal Court declared the logging by VicForests as unlawful and issued a final injunction to prevent VicForests from logging 66 forested areas.

Steve Meacher, President of Friends of Leadbeater’s Possum said:

“Friends of Leadbeater’s Possum are very happy with today’s orders, following the decisive success of our case announced by the Court in the judgment handed down in May. These orders build on that judgment and provide protection on the ground of precious forests that are the homes of Leadbeater’s Possums and Greater Gliders.

This is a gratifying close to the roller-coaster ride that this case has been over the past three years. 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 Australians and to protect the forests in which they live.”

Danya Jacobs, Senior Lawyer from Environmental Justice added:

“This is the first time the Federal Court has granted a final injunction to prevent logging of threatened wildlife habitat and the first time Victoria’s logging industry – the largest in Australia – has been held to account under federal environment law for its devastating impacts on endangered wildlife. This was a complex case and a real test of our environment laws.”

This landmark decision serves as an important legal precedent applying federal threatened species protection law to the logging industry. It has great implications on the enforcement of environmental law, the operation of the logging industry and the Regional Forest Agreements.  

Courtesy of Alicia So.