Bob Brown launches lawsuit aimed at making logging native forests in Tasmania illegal

Ex-Greens leader aims to end Tasmanian native forest logging and make environmental law a key federal election issue.

Former Green leader, Bob Brown, is confident legal action by his foundation will halt native forest logging in Tasmania by establishing that the industry is breaking federal environmental law. Picture: Matthew Newton

Bob Brown is confident new legal action by his foundation will halt logging in many of Tasmania’s native forests and help make environmental law a key federal election issue.

Following success halting logging in some Victorian forests on the basis of “inadequate” protections for the Leadbeater’s possum, the Bob Brown Foundation is launching similar action against Tasmania’s timber industry.

We have launched the Great Forest Case, the best chance in a generation to end native forest logging in Tasmania & potentially across Australia once and for all. We want to strike down the inadequate RFA & protect endangered species. #politas #GreatForestCase pic.twitter.com/yteOLf0STX

— Bob Brown Foundation (@BobBrownFndn) August 21, 2020

It will argue there is a failure to enforce protections for threatened species, such as the Tasmanian devil, masked owl and swift parrot, in breach of the state’s Regional Forest Agreement with the federal government.

“After the Victorian decision … we had a senior silk in Melbourne look again at the Tasmanian RFA and the response was ‘well look, the whole basis of it is flawed’,” Dr Brown told The Australian.

The Tasmanian RFA agreement was meant to provide enforceable ecologically sustainable forest management and comprehensive reserves, he said.

“But they are not because the RFA itself basically hands to Tasmania the right to environmental management,” he said. “So it’s not a bilateral enforceable agreement; it’s a unilateral arrangement.

“The commonwealth washed its hands of it and the RFA Act says you can’t do it. It says it is enforceable and ecologically sustainable forest management must happen. Well, it hasn’t.”

While conceding the Morrison government could circumvent any successful court ruling by amending the RFA Act, Dr Brown said this would put pressure on federal Labor and Senate independents to agree.

Bob Brown Foundation protesters occupy an area in the Styx Valley due to be logged by Sustainable Timber Tasmania. Picture: Supplied

Along with the government’s push to “water-down” federal environmental law – the Environment Protection and Biodiversity Conservation Act – he believed the issue would grow in the lead up to the 2022 federal election.

“This is going to roll into the next election because it’s national and the new EPBC legislation is going to go beyond forests and affects all states and territories,” he said.

“It’s a devolution of commonwealth powers to the states. Well, I don’t think the public is going to like it.”

A successful court decision could also have implications for RFAs with NSW and Western Australia.

The Australian Forest Products Association called for urgent federal legislation to end the uncertainty over RFAs.

“This lawfare puts tens of thousands of jobs across Australia that rely on the native timber industry at risk at a time when the country can least afford such a disastrous collapse of a major industry,” said AFPA chief executive Ross Hampton.

Chair of the Tasmanian Forest Products Association Bryan Hayes said Tasmania’s native forestry “operates to the highest standard”. “The industry is appalled the BBF has launched this action, which can only be aimed at putting people out of work,” he said.