Gippsland Environment Group Inc v VicForests

COURT OR TRIBUNAL

Supreme Court of Victoria

DATE FILED (OR FIRST HEARING DATE)

23/05/2022

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Threatened species

REVIEW TYPE

Judicial review

SUMMARY

(Excerpt from Lexis Catchwords & Digest) Environment — Environment protection — Timber harvesting in State forests — Exceptions to injunction Practice and procedure — Injunctions — Interlocutory injunctions — Balance of convenience Practice and procedure — Injunctions — Interlocutory injunctions — Serious question to be triedApplication for interlocutory injunction. Applicant sought declaration and permanent injunctions to enforce what applicant contended were respondent's obligations to identify and protect greater gliders and yellow-bellied gliders in State forests in forest management areas (FMAs) Sought interlocutory injunction restraining respondent from conducting timber harvesting operations in any coupe in FMAs in which there had been sighting of greater glider in, or within 240 metres of, that coupe, known to respondent. Finding that balance of convenience favoured excluding six coupes from injunction. Finding that timber harvesting could take place in six coupes with measures in place for protection of greater gliders that were broadly consistent with associate professor's opinion. Finding that granting injunctions sought would not have effect of shutting down timber industry in regions. Finding that regeneration activities should be permitted in coupes to which injunction applied that had already been logged, either before injunction took effect, or as permitted by exceptions to injunction. Application granted.

CASE DOCUMENTS

Gippsland Environment Group Inc v VicForests [2022] VSC 296