Court Grants Temporary Halt to VicForests Timber Harvesting Amid Concerns for Endangered Gliders

Event and Time

Environment East Gippsland Inc (EEG), an incorporated association focused on the preservation of East Gippsland's forests, sought injunctions against VicForests, a Victorian Government business responsible for timber harvesting.
EEG raised concerns about VicForests' planned timber harvesting in coupe 801-511-0006 (Tiger) in East Gippsland, alleging non-compliance with the Sustainable Forests (Timber) Act 2004 (Vic) (Timber Act) due to the presence of yellow-bellied gliders.
On August 30, 2021, EEG filed for an interlocutory injunction, which was granted by the court on August 31, 2021.

EEG claimed that VicForests' harvesting operations would violate the Timber Act and its associated regulations due to insufficient protective measures for yellow-bellied gliders.
EEG's argument rested on the requirement for VicForests to create a Special Protection Zone (SPZ) encompassing suitable habitat for the yellow-bellied glider.

The court found that there was a serious question to be tried regarding the adequacy of VicForests' compliance with its obligations under the Timber Act and the Code of Practice.

Asserted that verified sightings of yellow-bellied gliders required the establishment of an SPZ surrounding Tiger coupe prior to timber harvesting.
Argued that VicForests' proposed Special Management Plan failed to establish suitable habitat as required by the Management Standards.
Cited expert testimony from Professor Wardell-Johnson, which indicated the need for a comprehensive SPZ rather than VicForests' proposed linear habitat design.

Contended that they complied with their obligations by applying for a Special Management Zone and that no serious question was present for trial.