Central Highlands logging to resume after VicForests wins Federal Court appeal

The beleaguered native forest logging industry has won a major battle in its bid to keep 2500 workers in jobs. Here are the main points.

Powelltown sawmill workers have regained access to timber supplies, after VicForests won its Federal Court appeal. Picture: Yuri Kouzmin

VicForests has won its appeal against the May 2020 Federal Court decision of Justice Mortimer in the Friends of Leadbeater’s Possum case, ending months of uncertainty for the native forest logging industry and clearing the way for logging to recommence in 66 coupes across the Central Highlands.

In the original judgment Justice Mortimer ruled native forest logging was not entirely exempt from the Federal Environment Protection and Biodiversity Conservation Act, even if it was carried out under a Regional Forestry Agreement.

Justice Mortimer ruled VicForests lost the s38(1) exemption of the EPBC Act because its forestry operations were not or were not likely to be undertaken in compliance with the central highlands RFA.

Justice Mortimer’s key argument was that VicForests had breached the state’s Code of Practice for Timber Production, in having “insufficient regard” to the habitat of the Greater Glider and in applying the precautionary principle to the conservation of biodiversity values, when planning and conducting its forestry operations.

However on appeal the Federal Court found: “The primary judge’s finding that the actual conduct of forestry operations must be undertaken in accordance with the contents of the Central Highlands RFA – that is, in accordance with any restrictions, limits, prescriptions, or contents of the (state) Code – in order to secure the benefit of the exemption in s38(1) cannot be sustained”.

While it’s a major victory for the native forest timber industry, the Andrews Government has promised to phase out all native forest logging by 2030, with cutbacks in logging allocations due to start in 2024, leaving almost 2500 workers facing a bleak future.

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