Friends of Leadbeater's Possum Inc v VicForests

Friends of Leadbeater's Possum Inc (the applicant) sought judicial review of a decision by VicForests (the respondent) to log areas of forest in Victoria. The applicant contended that VicForests' logging operations would likely result in the destruction of habitat for the critically endangered Leadbeater's possum and the endangered greater glider, thereby breaching its obligations under the *Environment Protection and Biodiversity Conservation Act 1999* (Cth) (EPBC Act). The matter was heard by the High Court of Australia.

The central legal issue before the High Court was whether VicForests' logging operations were likely to have a significant impact on matters of national environmental significance, specifically the Leadbeater's possum and the greater glider, within the meaning of the EPBC Act. This required the Court to consider the proper interpretation of "significant impact" and the evidentiary basis upon which such a determination could be made, particularly in the context of VicForests' reliance on a logging plan approved by the Victorian government.

The High Court held that VicForests' logging operations were likely to have a significant impact on the Leadbeater's possum and the greater glider. The Court reasoned that the evidence presented demonstrated a real chance of significant harm to these species, and that VicForests had failed to adequately consider or mitigate these risks. The Court emphasised that the EPBC Act imposes a positive obligation on Commonwealth agencies and those acting under Commonwealth law to ensure that actions do not have a significant impact on matters of national environmental significance, and that this obligation could not be discharged by merely relying on state-level approvals that did not meet the standards of the EPBC Act.

The High Court ordered that VicForests be restrained from carrying out logging operations in the areas in question.