Event and Time
Event Description
On 24 November 2021, the plaintiff filed a legal proceeding against VicForests seeking an order to restrain them from engaging in timber harvesting operations in specified coupes in the Central Highlands region of Victoria. This filing coincided with a related proceeding involving Environment East Gippsland Inc, which sought similar relief against VicForests for operations in areas of East and West Gippsland.
Application and Claims
- Plaintiffs:
- Requesting an interim injunction to stop VicForests from timber harvesting in the ‘Rookery’ coupe without conducting required surveys according to the Sustainable Forests (Timber) Act 2004 and the associated Code of Practice for Timber Production 2014. - Claim that the operations pose a serious risk to the Greater Glider, a threatened species, due to insufficient survey data regarding their population and habitat.
- Defendant (VicForests):
- Asserting compliance with the relevant environmental protection principles and management actions articulated in government action statements, including a commitment to retain 40% of the basal area of eucalypts in the coupe.
Judicial Decisions
The initial decisions included:
- An acknowledgment that the Greater Glider population was declining and noting the obligation of VicForests to comply with the precautionary principle.
- An arrangement for the hearing to continue on 13 December 2021, while placing a temporary injunction on harvesting in the Rookery coupe.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Argument:
- Serious Issue to be Tried: Timber harvesting in the Rookery coupe without comprehensive surveys breaches VicForests' public duty, potentially causing serious environmental damage. - : Argue that this principle mandates proper surveys to avoid irreversible harm to biodiversity, which VicForests has not adequately adhered to.