Historic logging decision overturned in win for VicForests, loss for possums

The federal court has overturned a landmark ruling on logging but upheld findings that Victoria’s publicly owned forestry agency was destroying the habitat of critically endangered species.

The Federal Court has overturned a landmark ruling on logging, but it upheld findings that Victoria’s publicly owned forestry agency was destroying habitats of critically endangered species.

The full bench of the Federal Court on Monday ruled that logging was exempt from federal law when conducted within areas covered by state arrangements — called Regional Forest Agreements — that are signed off by the commonwealth.

“That is to say, a contravention of a condition of permissibility of the conduct of the forestry operation does not mean that the operation is prohibited by the RFA,” the ruling states.

But the court upheld findings that VicForests had not complied with state laws against environmental destruction, It ruled that logging was destroying habitat essential for the survival of the vulnerable greater glider and the critically endangered Leadbeater’s possum.

“The code identifies the application of the precautionary principle as a mandatory action,” the judgment states.

“By cl 1.2.8 of the code, a failure to apply the precautionary principle leads to non-compliance with the code.”

Gizmo the greater glider.

Wilderness Society national campaigns director Amelia Young said the finding in effect said the Full Court found Vic­Forests was affecting the survival of the endangered species, but disagreed that it fell within the court’s responsibility.

“Given all but one of the grounds were upheld, the court’s finding of illegal logging under Victorian law stands,” she said.

“This means that VicForests aren’t obliged to adhere to state environment laws in order to enjoy an effective exemption from national environment laws.”

A VicForests spokesman welcomed the decision, saying the agency’s main ground of appeal was successful.

Environmental group Friends of the Leadbeater’s Possum have vowed to appeal the decision.