Forestry Corporation of New South Wales v South East Forest Rescue Incorporated INC9894030

The Forestry Corporation of New South Wales (Forestry Corporation) and South East Forest Rescue Incorporated (SEFR) were the parties in this matter before the High Court of Australia. The dispute concerned the validity of certain approvals granted by the Forestry Corporation under the *Biodiversity Conservation Act 2016* (NSW) for forestry operations in native forests. SEFR challenged these approvals, alleging they were invalid due to non-compliance with the Act's requirements.

The High Court was required to determine whether the Forestry Corporation had properly considered and addressed the requirements of the *Biodiversity Conservation Act 2016* (NSW) and its associated regulations when granting the approvals for forestry operations. Specifically, the court had to consider whether the approvals were invalid for failing to adequately assess and mitigate the potential impacts on threatened species and their habitats, as mandated by the legislation.

The Court found that the approvals were invalid. It reasoned that the Forestry Corporation had failed to undertake the necessary assessments and considerations required by the *Biodiversity Conservation Act 2016* (NSW) and the *Forestry Regulation 2016* (NSW) before issuing the approvals. The Court emphasised the importance of robust environmental impact assessments and the proper application of legislative safeguards designed to protect biodiversity. The failure to adhere to these procedural requirements rendered the approvals unlawful.

The High Court allowed the appeal and set aside the approvals granted by the Forestry Corporation.