WOTCH v VicForests (No 2)

The case of WOTCH v VicForests (No 2) involved an application by the Wildlife and Open Spaces Trust (WOTCH) for an interlocutory injunction to prevent VicForests from harvesting timber in State forests in Victoria. WOTCH argued that the proposed timber harvesting activities would harm the habitats of threatened species, including the greater glider, powerful owl, sooty owl, smoky mouse, and alpine tree frog. The dispute was heard in the Supreme Court of Victoria.

The primary legal issues for the court to determine were whether there was a serious question to be tried regarding the impact of the proposed timber harvesting on the threatened species, and whether the balance of convenience favoured the granting of an injunction. Additionally, the court needed to assess whether recent bushfires should influence the application of the Code of Practice and the statutes governing the conservation of flora and fauna in Victoria, including the Conservation, Forests and Lands Act 1987 (Vic), the Flora and Fauna Guarantee Act 1988 (Vic), and the Sustainable Forests (Timber) Act 2004 (Vic).

The court found that there was a serious question to be tried regarding the impact of the proposed timber harvesting on the threatened species, particularly in light of the recent bushfires which had altered the forest ecosystems. However, the court concluded that the balance of convenience did not favour the granting of an injunction. The court reasoned that the economic and social benefits of the timber harvesting outweighed the potential harm to the threatened species, particularly given the uncertainties surrounding the extent of the bushfires' impact on the species' habitats. Consequently, the court dismissed WOTCH's application for an interlocutory injunction.

No further orders were made by the court, and the timber harvesting activities proceeded as planned.