Friends of Leadbeater’s Possum Inc v VicForests (No 3)
Jurisdiction: Federal Court of Australia
Side A: Friends of Leadbeater’s Possum (Ngo)
Side B: VicForests (Corporation)
Injunction sought to halt tree clearing
In a hearing held on May 2, 2018, Friends of Leadbeater’s Possum sought to restrain VicForests from conducting forestry operations in light of the effects of logging on Greater Glider Species through an interim injunction. The Greater Glider was listed as a threatened species under the EPBC Act on May 5, 2016. The Court defined forestry operations under s 40(2) of the Environmental Protection and Biodiversity Conservation Act 1999. The Court noted there was evidence of cumulative effects of clearing and logging activities, current burning regimes, and climate change impacts being major threats to large hollow-bearing trees. These trees at issue were relied upon by the species.
In a decision issued on May 10, 2018, the Court restrained VicForests from conducting forestry operations. The respondent was restrained from felling, removing, or damaging any trees or otherwise widening the existing road line. Much of the evidence submitted was taken for the limited purpose of the interlocutory application and was probative and untested.