Event and Time
Event Description
- Following the publication of *Environment East Gippsland Inc v VicForests (No 4) [2022] VSC 668* on 4 November 2022, oral submissions were heard on 11 November 2022 regarding final orders.
- The case centers around timber harvesting operations in East Gippsland, specifically in relation to the protection of two species of gliders: the greater glider and the yellow-bellied glider.
Application and Claims
- Environment East Gippsland Inc filed claims seeking injunctions against VicForests to prevent timber harvesting without conducting appropriate surveys to identify the presence and habitat of protected species.
Judicial Decisions
- Final orders were made that restricts VicForests from conducting timber harvesting operations in designated coupes unless certain survey and habitat protection criteria are met.
Dispute Points and Legal Basis
Dispute Points
- Claims by Environment East Gippsland Inc:
- Asserted that VicForests must conduct surveys to detect greater gliders and yellow-bellied gliders before any harvesting. - Argue that timber harvesting should be restricted in areas where these species have been detected, with mandatory measures to protect their habitats.
- Arguments by VicForests:
- Wanted to limit survey requirements only to be conducted by its own staff and sought variations to the definitions and measurements used in the orders. - Proposed extensive "carve-outs" from the injunctions to exempt various activities from restrictions.
- Evidence and Reasoning:
- The court found that third-party surveys, such as those conducted by DELWP, were reliable and necessary for assessing the presence of gliders. - There was a lack of evidence supporting VicForests’ claims for exclusive survey control and that their proposed definitions did not adequately protect the gliders.