| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
PRACTICE COURT
S ECI 2020 002461
| WARBURTON ENVIRONMENT INC (ABN 28 781 873 830) | Plaintiff |
| v | |
| VICFORESTS | Defendant |
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JUDGE: | MACAULAY J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 5 June 2020 |
DATE OF RULING: | 9 June 2020 |
CASE MAY BE CITED AS: | Warburton Environment Inc v VicForests |
MEDIUM NEUTRAL CITATION: | [2020] VSC 337 |
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ENVIRONMENT AND PLANNING – Whether State forest management enterprise breached forest management standards for the conservation of tree species and preservation of visual amenity – Whether defendant failed and will continue to fail to protect Tree Geebung trees where practicable – Whether defendant failed and will continue to fail to maintain vegetation buffers between harvested areas and specified land features or viewing points - s 46 Sustainable Forests (Timber) Act2004 (Vic) – Code of Practice for Timber Production 2014 - Management Standards and Procedures for timber harvesting operations in Victoria’s State forests 2014.
EQUITY – Interim injunction – Whether serious question to be tried that defendant had breached specific provisions in statutory forest management standards – Balance of convenience – Balance between competing public interests in environmental conservation, and efficient forest management and commercial exploitation.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr J Korman | McMullan Solicitors |
| For the Defendant | Ms F J Hudgson | Russell Kennedy |
HIS HONOUR:
Introduction
VicForests is a State owned business established under the State Owned Enterprises Act1992 (Vic), responsible for harvesting, selling and regrowing timber from Victoria’s State Forests on behalf of the State Government. It is currently in the process of harvesting timber from a 27.5 hectare forest area near Warburton known as Pat’s Corner coupe, which is designated for management and harvesting.[1]
[1]Pat’s Corner coupe is depicted in Key Plans, Figure 1 below.
Warburton Environment Inc (‘WE’), a not-for-profit corporation established to support the protection and restoration of eco-systems in the Central Highlands of Victoria, alleges that VicForests has:
(a) uprooted a mature Tree Geebung tree (‘Geebung’);
(b) logged closer than 40m to a tourist track on the east of the coupe; and
(c) logged closer than 20m from Burns Road to the west of the coupe.
Each of those actions, WE claims, amounts to a breach of the statutory instruments with which VicForests must comply.
Having sought but not obtained an undertaking from VicForests, WE commenced a proceeding by writ by which, ultimately, it seeks a permanent injunction against timber harvesting operations within the coupe, or alternatively an injunction until VicForests can establish that the danger identified by WE no longer exists. Claiming that, unless restrained, VicForests will continue to breach those statutory instruments before trial, WE seeks an interim injunction to restrain VicForests from continuing its timber harvesting operations within Pat’s Corner Coupe, except to remove any existing harvested timber.
The question at this stage is whether an interim injunction should be granted. I heard two hours of argument on Friday afternoon, 5 June 2020, immediately before a public-holiday…
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- AGLC
- Warburton Environment Inc v VicForests [2020] VSC 337
- Case
- [2020] VSC 337
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether VicForests had breached the forest management standards for the conservation of tree species and preservation of visual amenity. The court also needed to decide whether VicForests had failed, and would continue to fail, to protect Tree Geebung trees where practicable and to maintain vegetation buffers between harvested areas and specified land features or viewing points. The decision hinged on the interpretation of the Sustainable Forests (Timber) Act 2004 (Vic), the Code of Practice for Timber Production 2014, and the Management Standards and Procedures for timber harvesting operations in Victoria’s State forests 2014.
The court found that VicForests had indeed breached the statutory standards, and there was a serious question to be tried on that issue. The balance of convenience favoured granting an interim injunction. The court weighed the competing public interests in environmental conservation and efficient forest management and commercial exploitation. It concluded that the balance favoured granting the injunction to prevent further breaches of the statutory standards. The court ordered VicForests to take certain steps to comply with the standards, including protecting Tree Geebung trees and maintaining vegetation buffers. The court also ordered VicForests to provide a report to the court on the steps taken to comply with the standards.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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