Environment East Gippsland Inc v VicForests (No 4)

Environment East Gippsland Inc took proceedings against VicForests in the Federal Court of Australia. They alleged that VicForests was not complying with provisions of the Code of Practice for Timber Production 2014 (as amended 2022) and the Management Standards and Procedures for timber harvesting operations in Victoria’s State forests 2021, in relation to timber harvesting in State forests in East Gippsland and Central Highlands. Specifically, Environment East Gippsland Inc argued that VicForests was not adequately applying the precautionary principle in relation to the conservation of greater gliders and yellow-bellied gliders, and was not correctly applying criteria for applying protection areas of ‘suitable habitat’ around certain populations of these gliders in East Gippsland. The case came before the Federal Court on appeal from the Federal Circuit Court.
The court was required to decide whether VicForests was applying the precautionary principle in relation to the conservation of greater gliders and yellow-bellied gliders. It also had to determine whether VicForests was correctly applying provisions of the Code and the Management Standards and Procedures in relation to the application of protection areas around certain populations of these gliders in East Gippsland. The court had to consider whether VicForests was taking appropriate measures for detection and protection of greater gliders and yellow-bellied gliders, and whether VicForests was applying the precautionary principle to the conservation of these species.
The court found that VicForests was not adequately applying the precautionary principle in relation to the conservation of greater gliders and yellow-bellied gliders, and was not correctly applying the provisions of the Code and the Management Standards and Procedures in relation to the application of protection areas around certain populations of these gliders in East Gippsland. The court found that VicForests was not taking appropriate measures for detection and protection of these species. The court also found that VicForests was not applying the precautionary principle to the conservation of these species. The court concluded that VicForests’ approach to the application of protection areas around certain populations of greater gliders and yellow-bellied gliders in East Gippsland was not consistent with the provisions of the Management Standards and Procedures. The court found that VicForests had not adequately considered the potential impact of timber harvesting on the conservation of these species, and had not taken appropriate measures to mitigate that impact.
The court granted the injunctions sought by Environment East Gippsland Inc, and made declarations that VicForests was not complying with provisions of the Code and the Management Standards and Procedures in relation to timber harvesting in State forests in East Gippsland and Central Highlands. The court ordered VicForests to take appropriate measures for detection and protection of greater gliders and yellow-bellied gliders, and to apply the precautionary principle to the conservation of these species. The court also ordered VicForests to correctly apply the provisions of the Management Standards and Procedures in relation to the application of protection areas around certain populations of these gliders in East Gippsland.