Court fight over planned burns in Victoria’s northwest as marsupials ‘at risk’

Lawyers for Victoria’s Save our Strathbogie Forest say four planned burns in the state’s northwest could ‘cook’ or ‘kill’ part of a population of endangered marsupials.

The threatened southern greater glider, photographed in the Nerang National Park in the Gold Coast hinterland. Picture: Photographers Downunder.

Lawyers for Victoria’s Save our Strathbogie Forest say four planned burns in the state’s northwest could “cook” or “kill” part of a population of endangered marsupials, as they urge the Federal Court to halt plans to carry out four controlled fires and handball the ultimate decision on the matter to the commonwealth.

Barrister for the environmental group Angel Aleksov also told the Federal Court on Monday the Environmental Protection and Biodiversity Conservation Act “points in favour of a fairly low threshold” to establish a controlled action – such as for planned burns – would have a “significant impact” on species, including southern greater gliders.

“This case fits the threshold, which is a low one for significant impact. I don’t need to make the case … that these burns are a catastrophic risk to this species,” Mr Aleksov said in his opening submissions.

Strathbogie Forest in Victoria. Picture: Zoe Phillips

Save our Strathbogie Forest argue Victoria’s state government should not carry out four planned burns, due to take place from March to May, because a population of southern greater gliders live in the hollow-bearing trees of the area.

Mr Aleksov said the planned fires could cover up to 2000 hectares of the forest, which may affect 5600 of the marsupials.

“Arguably (the Strathbogie forest) is the most important pocket for this species and its continued existence on this earth,” he said.

“Our case is that the commonwealth minister should be deciding these issues. I’m not asking Your Honour to block the planned burning, (we are) asking your Honour to flick it to the commonwealth minister.”

Later, Mr Aleksov said the planned burns could “cook” or “burn” the marsupials, and some greater southern gliders could die by asphyxiation.

But, on behalf of the Victorian state government — listed as the Department of Energy, Environment and Climate Change secretary in the court documents — barrister Frances Gordon KC told the court their primary purpose of planned burns is to protect lives and property in Victoria, while also caring for the environment.

Regarding the planned burns this year, Ms Gordon said an area of about 540 hectares is expected to be affected and there are a number of measures in place to control the fires to lower shrub and bark fuels.

Measures include the burns must be conducted on days when the temperature is below or equal to 25C and according to particular wind speeds.

As well, she said there is no way to know how many of the marsupials are in the area and there was “no evidence” the southern greater gliders suffer from a lack of habitat in other states including NSW and Queensland.

“Beyond knowing there is likely a glider presence in or around this area … there is no evidence about how many there may be or exactly where they are,” she said.

“There is abundant evidence gliders prefer wet areas and that those are the very areas unlikely to be touched by fire … (or) actively avoided.”