![]() In doing so, it must comply with the provisions of the Sustainable Forests (Timber) Act 2004 (Vic) and any relevant Code of Practice made under Pt 5 of the Conservation, Forests and Lands Act 1987 (Vic). VicForests is a state-owned enterprise established under the State Owned Enterprises Act 1992 (Vic) that conducts timber harvesting operations in Victorian State forests on a commercial basis. Environment East Gippsland Inc v VicForests (No 4) VSC 668 (the “EEG case”).Warburton Environment v VicForests (No 5) VSC 633 (the “Warburton case”).Subscribers to the Environment Law Bulletin can access the full bulletin HERE.Īt the end of 2022, two landmark cases were decided in relation to the application of environmental protections to logging practices in Victorian state forests: This is an ideal resource for legislators, policymakers, government officials, environment managers and engineers, water and power authorities, mining and oil companies, waste management companies and authorities, manufacturers and lawyers. ![]() It includes in-depth commentary on government policy and legislation, as well as significant court cases. This article comes from the experts behind the Australian Environment Review, the bulletin that provides updates and analysis on developments in environmental law throughout Australia and internationally. What is the Warburton Environment v VicForests (No 5) case, and what does it mean for the future of VicForest’s operations? What has the ruling from the Environment East Gippsland Inc v VicForests (No 4) done to protect General and Yellow-Bellied Gliders and their habit? And what are the future implications of both of these cases? In both proceedings, the plaintiffs were successful in seeking injunctions against VicForests to prevent future damage to endangered species and environmental degradation. At trial, the plaintiffs produced and called evidence of the presence of threatened species and VicForests’ conduct, including evidence from witnesses who conducted species surveys and ecology experts. These decisions contribute to the growing body of case law on the much-debated precautionary principle and form part of the environmental movement’s challenging of the State’s native timber industry, raising key questions in relation to its viability and legitimacy.īoth cases were brought by environment groups that undertake surveys for native species in Victorian forests. Nicola Silbert and Natalie Hogan ENVIRONMENTAL JUSTICE AUSTRALIA
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