Bob Brown Foundation loses bid to fights its Great Forest Case in the High Court

The Bob Brown Foundation won’t get the chance to fight against Tasmanian native forest logging in the High Court of Australia. LATEST FROM COURT >>

• Bob Brown Foundation loses historical war against Tasmanian government’s native forest logging
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THE Bob Brown Foundation has failed to convince the nation’s highest court to hear an appeal over what it has dubbed the “Great Forest Case”.

The ambitious and potentially history-making court challenge, which unfolded in the Federal Court late last year, aimed to topple Tasmania’s Regional Forest Agreement (RFA) on the basis it conflicted with Commonwealth legislation aimed at protecting native species – such as the critically-endangered swift parrot.

The court ruled in favour of Sustainable Timber Tasmania, the state government and the federal government in February this year – with the foundation swiftly lodging special leave to appeal with the High Court of Australia.

Bob Brown with forest defender attached to logging equipement. Bob Brown Foundation forest defenders have returned to contentious Eastern Tiers forests after three arrests yesterday. Logging of habitat for critically endangered Swift Parrots has been halted for a second day. Picture: BOB BROWN FOUNDATION

But on Thursday, the High Court dismissed the foundation’s application – meaning the appeal itself will not be thrashed out before a panel of the country’s most senior judges.

“The appeal foreshadowed in this application lacks sufficient prospect of success to warrant a grant of special leave,” the decision read.

The Bob Brown Foundation will also be ordered to pay its opponents’ costs, with an exact sum yet to be determined.

Burn Off Action by Bob Brown Foundation in Hobart. Picture: Bob Brown Foundation

Bob Brown said the decision would send “shockwaves through the majority of Australians who want our forests saved”.

“The bizarre state of affairs where Commonwealth responsibility for protection of endangered species and their habitats … is deferred to state agencies devoted to destroying them is upheld in this decision,” he said.

“The RFAs are a spectacular failure in protection of forests harbouring a long list of birds, animals, insects and plants headed for extinction, including koalas, Tasmanian devils, black cockatoos and greater gliders.”

Bob Brown former Greens leader and now of the Bob Brown Foundation in relation to the Federal Court decision on logging in Tasmania handed down in Brisbane. Picture: Nikki Davis-Jones.

However, Dr Brown said an “excellent outcome of this Great Forest Case” was the halting of logging in swift parrot habitat in Tasmania’s eastern tiers last October, with no sign it would resume.

He said support for the case has been “phenomenal”.

“The public loves its forests and understands their importance in the climate and biodiversity crises. But PM Morrison is with the chainsaws, not the public,” he said.

Meanwhile, Primary Industries and Water Minister Guy Barnett celebrated the news.

“This decision reaffirms the ruling of the full bench of the Federal Court and cements the validity of Tasmania’s RFA, beyond doubt,” he said.

He said the foundation’s intent was “destructive”, but “they have failed”.

“With no further avenue for the (foundation) to appeal this matter, I sincerely hope they accept the umpire’s decision and cease their relentless campaign against Tasmanian workers and their families,” Mr Barnett said.

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Originally published as Bob Brown Foundation loses bid to fights its Great Forest Case in the High Court