VicForests’ successful appeal against restrictions imposed on its operations by the Federal Court last year has been widely applauded across the timber industry. Appeal Justices Jayne Jagot, John Griffiths and Sarah Derrington determined VicForests’ forestry operations covered by Regional Forest Agreements provide all the environmental protections required by national environmental laws. Source: Timberbiz
They said the original judge in the action, brought by the Friends of the Leadbeater’s Possum, erred in finding forestry operations needed to comply with regional forest agreements to remain exempt from the Environment Protection and Biodiversity Conservation Act.
The original judgment prompted hotel and hardware giant Bunnings to stop stocking VicForests timber.
Friends of the Leadbeater’s Possum are understood to have applied to have existing injunctions remain in place while they consider appealing to the High Court.
Australian Forest Products Association CEO Ross Hampton said the decision was vindication for Australia’s sustainable forest industries which are regulated to the highest environmental standards in the world while the CFMEU’s Michael O’Connor said the ruling resolved the uncertainty in the hardwood timber industry throughout Australia
Assistant Minister for Forestry and Fisheries Jonno Duniam said the decision provided certainty to industry, and he urged the Friends of the Leadbeater’s Possum to accept the decision and quit any plans for further legal action.
Senator Duniam said he is unwavering in his support for the forestry industry.
“The government is committed to Regional Forest Agreements (RFAs) to provide resource access and a stable investment environment to the forest industry,” he said.
“The decision provides certainty to industry and indeed for forest industry workers around the country who depend on the operational certainty that the robust RFA framework provides.
“The forestry industry is valuable to every Australian – and that value is not just in the timber it provides,” Senator Duniam said.
“While a strong forestry industry means we have Australian timber for our houses, decks, tables and chairs, it also supports the livelihoods of local families and is the lifeblood of so many of our regional communities.
“The Australian Government stands shoulder to shoulder with industry, those employed both directly and indirectly, their families and the broader communities to ensure that they are supported into the future.”
The timber workers union, CFMEU Manufacturing, congratulated VicForests on its diligence in appealing the shock decision made last year that its activities were in breach of federal laws.
The union will continue to call for changes to the regulatory environment to safeguard timber jobs including to federal laws and the Code of Practice for Timber Production in Victoria, while opposing the ill-informed and flawed Victorian Forestry Plan.
“The decision to uphold the appeal is a relief to tens of thousands of timber workers, their families and communities throughout the country,” said Michael O’Connor, National Secretary CFMEU Manufacturing.
“It is a common sense ruling which is consistent with the Government’s objective of promoting triple bottom line sustainable forest management in the tiny area available for harvest. “Jobs are still on the line, particularly in Victoria, and our union will not rest until timber workers, families and communities are given a more secure future”.
The union wants to see changes to the Code of Practice for Timber Production which were promised by the Victorian Government in July last year.
The Victorian Government, which is yet to act, said at the time it announced the review into the Code that “Regional jobs are more important than ever right now – we can’t let outdated regulation put them at risk”, Mr O’Connor said.
The union continues to call for the release of Victorian Government held resource data and outlooks and believes the absence of the provision of this data questions the necessity of the Government’s policy to stop the native timber industry by 2030.
“We need the Victorian Government to act in defence of jobs, be transparent about decision-making and not sleepwalk into a jobs catastrophe,” Mr O’Connor said.
Mr Hampton said the decision should put an end once and for all to the claim that RFAs somehow ‘exempt’ forestry operations from national environmental laws or oversight.
“I commend the Federal Court judges for confirming this beyond doubt,” he said.
Victorian Forest Products Association CEO Deb Kerr also welcomed the decision.
She hoped that it would put an end to the “lawfare” that has stalled VicForests’ planned forestry operations in the Central Highlands for three years.
“I call on the activists to respect the full bench of the Federal Court’s decision and stop the litigation so that VicForests can resume timber harvesting operations and provide certainty for the thousands of Victorian hardwood timber industry workers,” Ms Kerr said.
Forest & Wood Communities Australia Managing Director Justin Law said the successful appeal would be a great relief for hundreds of families who faced a bleak future if the decision had been upheld.
“These are people who have been smashed from pillar to post by green-tainted government policy, fire, unchecked illegal workplace invasions and at the time a bewildering Federal Court decision,” Mr Law said.
“The mental toll on these working people who support our regions and defend our forests in times of crisis has been enormous.
“They are proud to supply natural, renewable forest products under our internationally certified harvest model and the relief they felt after yesterday’s common-sense decision cannot be underestimated.”
However, Mr Law said he feared the money-making business of attacking forestry meant legal challenges would not stop.
“The money that activist organisations are able to raise through generating and selling outrage will no doubt lead to further legal battles,” Mr Law said.a
