The native timber industry has been dealt a blow by the High Court as it kept the door open for environmental groups to prosecute law-breaking loggers.
Today’s decision, centring on a battle to protect habitat for three types of gliders, was immediately described as a “huge win” for native forests and the community at large.
The nation’s highest court upheld a NSW court’s decision allowing private people or entities to bring cases to enforce state forestry laws.
“This marks the end of the rule that only the Environment Protection Authority can prosecute the Forestry Corporation for their illegal logging,” environmental law expert and Greens MP Sue Higginson told AAP.
“No longer will internal government deals protect the Forestry Corporation from being prosecuted for their illegal actions.
“This is a huge win for South East Forest Rescue, the community at large, and especially for our precious native forests.”
SEFR says it has damning evidence of illegal activities in NSW state forests and the High Court challenge by Forestry Corporation was an attempt to avoid answering it.
Its case sought to minimise the effects of forestry operations on three forest-dependent marsupials living in southeast Australia: the southern greater glider, yellow-bellied glider and squirrel glider.
The southern greater glider, which is about the size of a house cat, is listed as endangered while the other two are considered endangered in some areas and vulnerable elsewhere.
Forestry Corporation, which manages NSW’s native timber and plantation industry, had argued third parties had no standing to bring civil enforcement proceedings.
But the High Court found cases could be brought by people whose private interests were affected or who has a special interest, such as long-standing concern about logging and its effect on certain species.
The case will now return to the Land and Environment Court later this year.
SEFR is seeking court orders to restrain Forestry Corporation from logging in NSW north and south coast 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.
The High Court judgment is another blow to the native logging industry in Australia.
The industry has been haemorrhaged money in NSW amid environmental court battles and faces large swathes of forest being protected from logging in a proposed Great Koala National Park.
Victoria ended native forest logging in 2024, as did Western Australia, the home of sought-after karri, jarrah and wandoo woods.
The WA government said the closure reflected the changing climate and community attitudes about an “unsustainable” part of the industry.
Tasmania plans, however, to capitalise on mainland jitters, pledging to let loggers into up to 40,000 hectares of native forest previously set aside as a “wood bank”.
