Bob Brown Foundation loses historical war against Tasmanian government’s native forest logging

A decision has been made in the historic Federal Court battle between Bob Brown Foundation and the Tasmanian state government that hoped to put an end to the decades-old logging war. LATEST >>

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ENVIRONMENTALISTS have lost a Federal Court battle to end to a controversial, decades-old logging war in Tasmania’s native forests.

But the Bob Brown Foundation has flagged it may fight a key judgment by the full court of the Federal Court, handed down on Wednesday, to the nation’s highest court of appeal.

The “Great Forest Case” was a decisive loss in what activists had hoped would be a history-making battle against Tasmania’s state government, and a reprieve for the critically-endangered swift parrot.

Justices Edwards Griffiths, Mark Moshinsky and Sarah Derrington, following a hearing held in December, dismissed the foundation’s claims that most of Tasmania’s forestry operations were illegal because provisions of the Regional Forest Agreement clashed with Commonwealth legislation.

Bob Brown.

Bob Brown said the foundation would consider the judgment before deciding whether to lodge an appeal in the High Court.

He described the decision as “a setback”, but not a fatal one to the campaign, adding that “the forests will be free of chainsaws before too long”.

“In the court of public opinion, the decision has already been made: the logging of native forests should stop,” he said.

“We have not won this case but it does not alter our campaign to save our native forests one iota - in fact, we feel emboldened.”

The case had been brought after a victory in a similar case was won last year in Victoria between the Friends of the Leadbeater’s Possums and VicForests.

It also came in light of news that only 300 swift parrots, which nests in Tasmania and had seemingly settled in coupes slated for logging over the summer, likely remained in the wild.

The Federal Court judges noted the foundation raised concerns for the parrot’s fate amid allegations Sustainable Timber Tasmania’s logging activities were having a “significant impact” on the bird.

Prominent silk Ron Merkel QC, who acted on behalf of the foundation, had argued Tasmania’s RFA was not legally enforceable as its provisions damaged the purpose of legislation aiming to protect the environment and native species, “and in particular prevent extinction”.

Shaun McElwaine SC, acting for SST, argued during December’s hearing that Tasmania’s environment wasn’t just protected by the RFA, but by a suite of legislation governing national parks and threatened species, among others.

In dismissing the foundation’s case, the Federal Court judges said that even though some of the provisions in the RFA were not legally binding, that did not mean the agreement itself wasn’t “in force”, and agreed with Mr McElwaine’s argument that “there is a broader suite of protective measures in force in Tasmania”.

Their decision on Wednesday also means that a temporary agreement, in which SST agreed to halt logging in 49 coupes in the eastern tiers said to be swift parrot habitat this summer, has come to an end.

Resources Minister Guy Barnett was thrilled by the decision, calling on the foundation to “stop the green warfare”.

“Today is an historic day,” he said.

“We won. The forest industry has won. The workers of Tasmania have won. The Bob Brown Foundation has lost.

“This is a vote of confidence in the Regional Forest Agreement and all that it stands for.

Tasmanian Forest Products Association CEO Nick Steel said the judgment was “great news for Tasmanian jobs, the environment, and also our communities”.

Bob Brown was arrested in 2020 for halting logging in North-East Tasmanian forest documented as habitat for the critically endangered swift parrot. Picture: Bob Brown Foundation

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