Environment East Gippsland Inc v VicForests

Environment East Gippsland Inc brought an application to the Supreme Court of Victoria against VicForests, the government entity responsible for managing timber harvesting in state forests, challenging the proposed logging of a particular area. The primary issue was whether VicForests had correctly identified 'suitable habitat' for yellow-bellied gliders in the scheduled coupe, as required under the Sustainable Forests (Timber) Act 2004 (Vic) and the relevant instruments. Environment East Gippsland Inc argued that VicForests had failed to conduct adequate surveys and assessments, leading to an incorrect identification of suitable habitat.

The court considered whether there was a serious question to be tried regarding VicForests' compliance with the statutory and regulatory requirements. It examined the evidence presented, including the detection of yellow-bellied gliders in the area and the methodology VicForests employed in identifying suitable habitat. The court also weighed the balance of convenience, assessing the potential harm to the environment if the logging proceeded versus the harm to VicForests if an injunction were granted. After considering these factors, the court found that VicForests had not adequately identified suitable habitat for the gliders, leading to the grant of an interlocutory injunction.

The Supreme Court held that VicForests had not fulfilled its obligations under the Sustainable Forests (Timber) Act 2004 (Vic) and the relevant instruments, as it had not identified suitable habitat for the yellow-bellied gliders. The court ruled that a serious question to be tried existed and that the balance of convenience favoured granting the injunction. Consequently, the court issued an interlocutory injunction, prohibiting VicForests from proceeding with the logging of the scheduled coupe until the matter was further investigated and resolved.