The catastrophic 2019–20 bushfires have had an unprecedented impact on our native forests and wildlife. Despite the devastation, logging continues.
WOTCH is taking legal action to protect threatened species affected by the bushfires. Represented by Environmental Justice Australia, we are arguing that VicForests is acting unlawfully by continuing to log their habitat.
We contend that by planning and conducting timber harvesting operations in these areas, VicForests has failed, and will fail, to comply with the Code of Practice for Timber Production 2014. The Code requires application of the precautionary principle to conservation of biodiversity values and consideration of the advice of relevant experts and research when planning logging.
Greater Sooty Owl (Tyto tenebricosa)
Wildlife under threat
Sooty Owl, Powerful Owl, Greater Glider and Smoky Mouse each lost huge swathes of habitat in the fires. These species were already listed as threatened under Victorian legislation, and the fires have pushed them closer to extinction. The proportion of their modelled habitat in Victoria affected by the 2019–20 bushfires as of January 2020 was between 22–41%. These numbers were expected to rise to 35–98% based on the projected impact area. See the DELWP preliminary report for detail.
The case so far
Injunctions
WOTCH has been granted injunctions to protect 26 logging coupes while our case is heard. These include forest in the Kalatha Valley of the Giants in Toolangi, along the iconic Koala Creek near Cambarville (pictured below), in the Upper Thomson water catchment, and around Mansfield, Noojee and Warburton.
Trial
The case went to trial for three weeks in March 2022. During the trial we heard arguments from both sides and many witnesses, including a WOTCH volunteer, VicForests staff and contractors, and experts on each of the species subject of the case. Two days were dedicated as field days to give the court an opportunity to see what logging practices look like in reality and to visit high-quality habitat scheduled to be logged. The court visited Central Highlands forests and East Gippsland forests which included burnt habitat.
One of the key outcomes of the trial was that both WOTCH and VicForests Greater Glider experts agreed that VicForests logging practices are inappropriate where Greater Gliders and their habitat are found.
Oral closing submissions
We have now made it to the final stage of our case where our oral closing submissions will be heard in court over three days on the 20–22 March.
Greater Glider (Petauroides volans)
Post Trial
Following trial, we began working on closing submissions, however, VicForests in the meantime argued that we had changed our case from our statement of claim, that we required leave to do so, and that such leave should not be granted. The court rejected these arguments and granted leave to make appropriate amendments to align with the case run at trial. VicForests was in turn given leave to re-open the case to put on limited evidence around proportionality of our requested relief. A further trial was heard on this in December 2022.
During this trial we heard evidence about the potential impacts our requested relief would have on VicForests, if WOTCH were successful in the case. Our highly skilled and experienced, long-time volunteer, Blake, took the stand as a key witness and was cross examined on his own analysis which highlighted flaws in VicForests' evidence.
KFF and EEG v VicForests (the Glider Case)
Not long before the December trial Kinglake Friends of the Forest and Environment East Gippsland won their cases against VicForests. These cases successfully argued that VicForests is implementing inadequate protection and pre-harvest surveying for Greater Gliders and Yellow-bellied Gliders.
The court rejected VicForests' request to have our proceedings stayed or adjourned until an appeal was heard for the KFF and EEG cases. Instead a one day trial was held on the 3 March for further proportionality evidence on the impacts of the 'Glider Case'.
Help protect the unburnt
With so much threatened species habitat already lost to the catastrophic bushfires in eastern Victoria, we must protect what's left. VicForests must be held accountable, and we need your help to protect critical habitat for threatened species like the Greater Glider, Sooty Owl, Powerful Owl and Smoky Mouse.
Please donate to keep our case running and protect threatened species habitat.
