North East Forest Alliance Inc v Commonwealth of Australia

COURT OR TRIBUNAL

Federal Court of Australia

DATE FILED (OR FIRST HEARING DATE)

30/07/2021

LITIGATION TYPE

Constitutional and Human Rights / State Accountability

SUBJECT MATTER

Statutory Duty

REVIEW TYPE

Judicial review

SUMMARY

(Summary from the Environmental Defenders Office)

EDO appeared before the Federal Court in the first legal challenge to a New South Wales Regional Forest Agreement (RFA). The North East RFA covers logging in the coastal area between Sydney and the Queensland border. It exempts logging in native forests from federal biodiversity law. Originally signed between the Commonwealth and New South Wales in 2000, it was renewed in 2018 for another 20 years with rolling extensions that could continue indefinitely. In the summer of 2019-20, devastating bushfires ripped through native forests in the RFA region, including areas of the World Heritage-listed Gondwana Rainforests of Australia. On behalf of client the North East Forest Alliance (NEFA), EDO will argue that when the North East RFA was renewed, the Commonwealth did not have regard to endangered species, the state of old growth forests or the impacts of climate change, as the EDO will argue it was required to do. NEFA is asking the Federal Court to declare that the North East RFA does not validly exempt native forest logging from federal biodiversity assessment and approval requirements (EPBC Act).

On 10 January, the challenge was dismissed.

CASE DOCUMENTS

North East Forest Alliance Inc v Commonwealth of Australia
NSD773/2021 NORTH EAST FOREST ALLIANCE INC v COMMONWEALTH OF AUSTRALIA & ANOR
North East Forest Alliance Inc v Commonwealth of Australia [2024] FCA 5