Event and Time
Event Description
- VicForests: A government-owned business in Victoria responsible for timber harvesting in state forests while adhering to the Sustainable Forests (Timber) Act 2004 (Vic) and relevant Code of Practice.
- Historic Context: On 17 November 2021, the Code of Practice was updated to include new management standards for timber harvesting.
- Plaintiffs:
- Environment East Gippsland Inc. (EEG) - concerns about timber operations affecting greater gliders and other wildlife in East Gippsland. - Kinglake Friends of the Forest Inc. (KFF) - focus on similar issues in the Central Highlands region.
Application and Claims
- EEG Claims: Seeks declarations and injunctions against VicForests for failing to protect greater gliders and other species in East Gippsland state forests, asserting responsibilities under the Code.
- KFF Claims: Similar requests for injunctions concerning the Central Highlands’ greater gliders.
- Relief Sought: Interlocutory injunctions to prevent timber harvesting in areas where greater gliders are known to exist (within 500 meters of a sighting).
Judicial Decisions
- The court examined the plausibility of the claims from both plaintiffs and the enforceability of the precautionary principle regarding conservation of greater gliders.
- On 23 December 2021, the court granted the injunctions, albeit with some limitations.
Dispute Points and Legal Basis
Dispute Points
- Plaintiffs’ Argument:
- Assert that logging poses an existential threat to greater gliders and that VicForests is not sufficiently protecting their habitat. - Emphasize a "good arguable case" that VicForests violates the precautionary principles outlined in the Code.