Wildlife of the Central Highlands Inc v VicForests

The applicants, Wildlife of the Central Highlands Inc, sought an interim injunction against VicForests, a state-owned enterprise, to prevent the latter from conducting timber harvesting operations in the Central Highlands of Victoria. The dispute centred on the impact of these operations on threatened species, including the Greater Glider, Powerful Owl, Sooty Owl, and Smoky Mouse, under the Conservation, Forests and Lands Act 1987 (Vic) and the Flora and Fauna Guarantee Act 1988 (Vic). The applicants argued that VicForests' activities violated the Code of Practice for Timber Production in State Forests and exacerbated the effects of recent bushfires on the environment.

The court was required to determine whether there was a serious question to be tried regarding the alleged breaches of the Code of Practice and whether the balance of convenience favoured granting the injunction. The applicants contended that the harvesting operations would significantly harm the listed threatened species and their habitats, especially in light of the bushfires' aftermath. VicForests argued that the Code of Practice remained applicable, and their operations did not pose an unacceptable risk to the threatened species.

In granting the interim injunction, the court found that there was indeed a serious question to be tried concerning the alleged breaches of the Code of Practice. The court also considered the balance of convenience, noting the potential irreparable harm to the threatened species and their habitats if the injunction was not granted. The court emphasised that the recent bushfires had already caused significant environmental damage, and further timber harvesting could exacerbate the situation. Consequently, the court concluded that the balance of convenience favoured granting the injunction to protect the threatened species and their habitats.

The court issued an interim injunction, restraining VicForests from conducting timber harvesting operations in the affected areas until the substantive proceedings were finalised. The order required VicForests to cease all timber harvesting activities in the specified zones and take measures to protect the threatened species and their habitats. The court's decision highlighted the importance of balancing economic interests with environmental protection, particularly in the context of recent bushfires and the conservation of threatened species.