By Jed Lanyon
VicForests has won their appeal against environmental group Friends of Leadbeater’s Possum overturning a judgment that found it had breached conservation regulations and allowing for logging to recommence in 66 coupes in Victoria’s Central Highlands.
The decision was handed down in the Federal Court on Monday 10 May after the appeal was heard last month.
The decision overruled last year’s court decision which placed an injunction on logging operations in areas of habitat of the vulnerable greater glider and the critically endangered Leadbeater’s possum.
The court reached its conclusion on the case in May last year, with injunctions granted on 21 August. That decision set a legal precedent applying federal threatened species protection law to the logging industry, which had operated under a special exemption from federal environment law.
Friends of Leadbeater’s Possum said they would apply to keep injunctions in place while they appeal to the High Court, to ensure protections stay in place for the 66 areas subject of the case home to the critically endangered Leadbeater’s Possum and vulnerable Greater Glider.
The group’s president Steve Meacher described the decision as “very disappointing”.
Nicola Rivers, Co-CEO of Environmental Justice Australia said, “We’ll be working with our client, Friends of Leadbeater’s Possum to appeal to the High Court and apply to keep injunctions in place protecting the critical areas of habitat subject of the case.”
VicForests released a statement following the successful appeal.
“VicForests is pleased that its appeal to the Full Court of the Federal Court has been successful,” the statement read.
“The Full Court accepted VicForests’ arguments on the main ground of appeal – with all other grounds being argued as an alternative in the event that the first ground was unsuccessful.
“Importantly the Court has upheld VicForests’ interpretation of the framework for sharing of environmental regulation between the Commonwealth and the States – that is, that forestry operations conducted in an area that is managed through a Regional Forest Agreement are managed under the State regime approved by the Commonwealth through the RFA process, not through the approval process under Commonwealth Law.”
