South East Forest Rescue has been advocating for more protections to be given to the endangered greater gliders. Photo: WWF-Australia.
A High Court decision resulted in a victory for NSW South East conservationists, as the court dismissed an appeal lodged against them by the state’s forestry organisation.
The Forestry Corporation of NSW and South East Forest Rescue (SEFR) have been embroiled in a legal fight about who was allowed to start legal proceedings over allegations of non-compliance by the corporation.
After SEFR won in a lower court, Forestry Corp appealed to Australia’s highest court, which then dismissed the appeal with costs on Wednesday (9 April).
The High Court supported the lower court’s finding that organisations such as SEFR can begin legal proceedings over alleged breaches of the law by Forestry when they have a “special interest” in the matter.
This means cases over such allegations don’t have to only be started by government entities.
“This judgment recognises the essential role that dedicated special interest litigants play in upholding the law,” SEFR lawyer Natalija Nikolic said.
“It locks in the ability for environmental groups to take Forestry Corporation to court, especially when regulators fail to do so.”
SEFR says this “historic decision” ended “a protracted legal battle”.
“This judgment confirms that organisations with a deep and ongoing commitment to environmental protection can hold government-owned entities accountable to the law,” SEFR spokesperson Scott Daines said.
“Rather than engaging with the substance of our claims, Forestry Corporation has fought to deny our right to bring them to court.
“It is disappointing that taxpayer money was spent trying to avoid scrutiny rather than to address the [alleged] environmental harm in question.”
When contacted for a response to the High Court’s decision, a Forestry Corporation spokesperson said the corporation “will review it in detail and consider the next steps”.
“This appeal sought clarity on who can bring enforcement action in relation to alleged breaches in forestry operations,” the spokesperson said.
SEFR said its initial case against Forestry was now expected to return to the NSW Land and Environment Court later this year.
The conservationists are seeking court orders to restrain the corporation from logging in some state forests unless proper surveys for greater gliders, yellow-bellied gliders and squirrel gliders are completed and appropriate protections around their den trees are put in place.
“This decision gives us a measure of hope amid an escalating extinction crisis,” Mr Daines said.
“It’s frustrating that groups like ours have to step in, but it shows that accountability is still possible when organisations are willing to act.”
