VicForests v Kinglake Friends of the Forests Inc

VicForests, a state-owned enterprise responsible for timber harvesting, and Kinglake Friends of the Forests Inc, an environmental advocacy group, were the parties in this proceeding before the High Court of Australia. The dispute concerned VicForests' compliance with its obligations under the *Forests Act 1958* (Vic) and the *Environment Protection and Biodiversity Conservation Act 1999* (Cth) in relation to the harvesting of timber in native forests. Kinglake Friends of the Forests Inc alleged that VicForests had failed to take all reasonable steps to ensure that its harvesting operations did not result in the extinction or serious and irreversible damage to listed threatened species.

The High Court was required to determine whether VicForests had breached its statutory duty to ensure that its timber harvesting operations did not cause the extinction or serious and irreversible damage to listed threatened species, as required by the *Forests Act 1958* (Vic). A key issue was the interpretation of the phrase "all reasonable steps" within the context of VicForests' obligations and the scientific uncertainty surrounding the impact of logging on threatened species. The Court also considered the relationship between VicForests' obligations under state and federal environmental legislation.

The High Court held that VicForests had failed to take all reasonable steps to ensure that its harvesting operations did not cause the extinction or serious and irreversible damage to listed threatened species. The Court reasoned that VicForests' approach to assessing and managing risks to threatened species was inadequate, particularly in light of the scientific evidence presented. It found that VicForests had not adequately considered the cumulative impacts of its harvesting activities and had not implemented sufficient mitigation measures. The Court emphasised that the statutory duty required a proactive and precautionary approach, rather than a reactive one, and that VicForests could not rely on scientific uncertainty as an excuse for inaction. The Court ultimately found that VicForests had breached its statutory obligations.