The Bob Brown Foundation has launched a legal action which it hopes might end native forest logging in Tasmania by establishing that the industry is breaking federal environmental laws. Source: Timberbiz
The case by the Bob Brown Foundation, lodged in the federal court on Thursday, challenges what has been seen as an effective exemption from environment laws granted to state sanctioned logging under regional forest agreements between Canberra and the states.
The foundation lodged the case against the Tasmanian government, the federal government and the Tasmanian state-owned logging corporation, Sustainable Timber Tasmania, at the Federal Court in Melbourne on Thursday afternoon.
The states are granted exemptions to the federal environmental protection for logging operations under so-called Regional Forest Agreements, which are supposed to ensure that the operations are conducted in accordance with strict environmental regulations.
The foundation argues the Tasmanian regional forest agreement is not valid as it lacks a legally enforceable requirement that the state must protect threatened species.
The foundation’s lawyer, Roland Browne, said that should the foundation win, similar actions could be taken against native forest logging in Victoria, NSW and Western Australia.
The foundation said that the current rules “essentially allows the state government to make up the rules as it suits and gives no guaranteed protection for our wildlife and environment”.
A spokesman for the Tasmanian Government said it was inappropriate to comment on legal proceedings, but the Government had full confidence in the Tasmanian Regional Forest Agreement.
“Tasmanians can be reassured that our forests are sustainably managed with strong and comprehensive environmental protections,” the spokesman said.
“The Tasmanian Government is committed to continually improving the sustainable management of our forests while supporting a sector which employs thousands of Tasmanians, injects more than $1.2 billion into our economy and supports regional communities and families.”
The Chair of the Tasmanian Forest Products Association (TFPA) Bryan Hayes said Tasmania’s native forestry operated to the highest standard, and the industry was appalled the BBF has launched this action, “which can only be aimed at putting people out of work”.
AFPA CEO Ross Hampton described the action as just the latest callous attack on forestry workers from the extremist activist group and threatens vital regional jobs in an essential industry at a time when Australia can least afford it.
“Vexatious litigation is just one of the tactics used by the BBF and other activist groups to disrupt lawful, sustainably managed timber harvesting operations around Australia, alongside illegal protests, site invasions and intimidation of workers,” Mr Hampton said.
The Foundation’s move comes on the back of Western Australian Greens MP Diane Evers who has introduced a Bill into that State Parliament’s Upper House to end native logging in Western Australia and wind up the State-Government run Forest Products Commission.
Both come after years of lobbying by the Victorian Greens ended with the Andrews Government committing in November to phasing out native logging by 2030.
The foundation said that it had also been buoyed by a landmark federal court judgment in May that found logging in Victoria’s central highlands by the state-owned agency VicForests was in breach of a regional forest agreement.
Sustainable Timber Tasmania has said it would undertake comprehensive planning to inform on how it has managed areas including swift parrot habitat before logging began.
Meanwhile the federal court was due to make final orders in the VicForests case today, which was brought by the Friends of Leadbeater’s Possum, a community conservation group. The logging agency will then have 28 days to decide whether to appeal.
