Environment East Gippsland Inc v VicForests (“Brown Mountain Logging case”) involved the consideration of whether the conservationist organisation Environment East Gippsland Inc (“EEG”), relying on the Sustainable Forests (Timber) Act 2004 (Vic) (“SFT Act”) and the Flora and Fauna Guarantee Act 1988 (Vic) could establish the illegality of planned logging at Brown Mountain. VicForests, a government owned corporation was authorised to conduct the logging by the State Minister for Environment and Climate Change (“the Minister”). This case was important as it considered the Victorian State Government’s ability to circumvent these Acts to authorise and conduct forestry. At trial the Court considered a range of issues when deciding whether to grant a final injunction to prevent the logging.

EEG was held to have a special interest in the subject matter sufficient to have standing to bring the proceeding. This was based on its prior environmental activities in the area (including participation in a forest management plan and a logging moratorium) and government recognition for its involvement. This relied on a body of precedent that provides for environmental organisations to have standing to bring an action if certain criteria are met.

VicForests failed to argue that they were not obligated to abide by the relevant conditions and standards. The timber release plan granted by the Minister was not sufficient to show compliance. Importantly, they were also unsuccessful in claiming that these conditions and standards and the precautionary principle were merely aspirational and incapable of enforcement. VicForests was held to have failed to abide by protected species conservation measures by not sufficiently identifying the presence and numbers of certain species and by not creating designated habitat areas.

It was held that without compliance to these conditions and standards and the precautionary principle, the logging at Brown Mountain would be unlawful. Further, the grant of an injunction was in the public interest, as this purpose was served by the prevention of unlawful logging.

(Contribution:  Case provided by Friedrich Kuepper from the Queensland University of Technology)