Federal Court decision explained.
What was it about?
The eternal struggle of good vs evil. In this case, Friends of Leadbeater’s Possum Inc v VicForests. Basically, FLP argued that VicForests, the state logging agency, was not doing a good enough job looking after endangered species in Victoria’s Central Highlands. Not just Leadbeater’s Possum, but also the Greater Glider. Both species have been in serious decline over the last few decades.
Well, no shit Sherlock. Case closed.
Well, it took about three years of preparation, and weeks of hearings in the Federal Court in 2019, with the 400 page judgement only handed down in May 2020. It was a little more complicated than that.
Really? Tell me more
Glad you asked! Cast your mind back to 1999, when the Environmental Protection and Biodiversity Conservation Act was passed by federal parliament. It lists both those furry friends as threatened. Section 18 of the EPBC Act specifically states that a person must not take an action that has, will have or is likely to have a significant impact on a listed threatened species.
Well and good.
Yes. But because VicForests is conducting its operations under something called a Regional Forestry Agreement, it is exempt from this provision in this Act.
*Spits out coffee* What?
Yep. VicForests is exempt from this provision.
Or so it thought …
That’s my line. Basically, FLP argued that VicForests was not trying too hard to look after those endangered species as part of their operations. What tripped up VicForests was their own Code of Practice for Timber Production. This includes the Precautionary Principle – the concept that you should be careful with your management decisions to avoid irreparable harm to threatened plants and wildlife. It’s a state based law VicForests is obliged to follow. By not following it, it was no longer entitled to its exemption from the EPBC Act. The judge agreed.
Totally gnarly, dude…
What? Oh, ok. The judgment makes for some juicy reading. There’s this:
… the Court has found that VicForests has not engaged, and is not likely to engage, in a careful evaluation of management options to avoid wherever practical the very real threats of serious damage to the Greater Glider which are posed by its forestry operations in the Central Highlands.
What else?
… the Court has found VicForests relies on “desktop” and other theoretical methods, which the Court has found to be flawed, such as VicForests’ habitat mapping.
and …
… the development and content of policies such as the Interim Greater Glider Strategy could not be properly described as a careful evaluation of management options but rather were defensive documents, with content suggesting VicForests felt obliged to have a policy addressing further protection for the Greater Glider, but was reluctant to implement it.
Cripes. That’s pretty damning.
It is. I’ve left the best till last.
The Court has found VicForests has not considered developing its own comprehensive in-forest survey system prior to logging, preferring to rely on other agencies like DEWLP, even though DEWLP has insisted the responsibility for such matters lies with VicForests, as the Court has found it does under the Code.
So what now?
Well, the parties to the case will have a chance to make submissions, and a final judgement will be made in mid July. A total of 66 coupes were named in the case, some of which have already been logged. Presumably the remainder will not be. But no one is quite sure what will happen next.
How did the forestry industry take it?
With their usual good grace. VicForests have gone quiet. The Australian Forest Products Association have called on the government to resolve the ‘uncertainty’ over the future of Regional Forest Agreements, citing the ‘tens of thousands’* of jobs at risk. With no mention of VicForests’ incompetence or even a nod to the threatened species at risk, it is likely they are going to lobby the Federal government to change the law somehow. Easier to do that than abide by it, I guess.
*A bullshit figure in our opinion, since it includes plantation jobs. In Victoria, the number of jobs involved directly in native forest logging is in the hundreds.
Full judgement is here.