Kinglake Friends of the Forest Inc. v VicForests (No 2)

Kinglake Friends of the Forest Inc. initiated proceedings against VicForests, seeking an extension of interim injunctions prohibiting timber harvesting in certain State forest coupes. The dispute centred on the adequacy of forestry management standards and the implementation of the statutory timber release plan. The case was heard in the Court of Appeal of the Supreme Court of Victoria.

The primary legal issues before the Court were whether there was a serious question to be tried that VicForests had failed to screen timber harvesting operations from view, in breach of statutory forestry management standards, and whether there was a serious question to be tried that the harvesting was not in accordance with the statutory timber release plan. Additionally, the Court needed to determine the balance of convenience in favour of extending the interim injunctions.

In its decision, the Court found that there was a serious question to be tried on both grounds. The Court emphasised the importance of compliance with forestry management standards, including the screening of timber harvesting operations to minimise visual impact. The Court also considered the need for strict adherence to the statutory timber release plan to ensure sustainable forestry practices. The balance of convenience favoured the applicants, given the potential environmental impact and the irreparable harm that could result from non-compliance with the statutory standards. Consequently, the Court granted the extension of the interim injunctions.

The Court issued orders extending the interim injunctions to prevent VicForests from conducting timber harvesting operations in the specified State forest coupes until the final determination of the proceeding. The Court's decision underscored the importance of adhering to statutory forestry management standards and the need for sustainable forestry practices.