Toolangi Case decided: Forestry law designed to log, not protect

Healesville community-based environment group My Environment is considering its next moves after receiving a mixed judgement in its case against VicForests’ alleged unlawful logging of Leadbeater’s Possum habitat in Toolangi.

Logging at Gun Barrel coupe in Toolangi was interrupted by community action over several weeks in July and August last year, before finally being halted when MyEnvironment sought a temporary injunction to have the site reviewed.

“Nether party ultimately won - VicForests definition of habitat was not fully upheld and nor was ours. Justice Osborn found in favour of a conservative but improved definition that will halt logging in many areas otherwise destined for chips. The only winner in this case is the Leadbeater’s Possum, but not by enough to ensure its long-term survival.

The Court clarified the definition of Leadbeater’s Possum habitat, which is going to mean that Leadbeater’s Possum habitat is more effectively protected than would have been if the case had not been brought.

Sarah Rees, President of MyEnvironment says, “We can take some aspects of this case as a win but ultimately it demonstrates that the law is based on an outdated forest model that pre-dates contemporary understanding of the species' ecology. The current law ignores the ecological impacts of the tragic 2009 Black Saturday fires.”

The Court said the evidence called by MyEnvironment demonstrates a strong case for the overall review of the adequacy of the reserve system intended to protect Leadbeater's possum habitat within the Central Highlands Forest Management Area. The 2009 bushfires have materially changed the circumstances in which the existing system was planned and implemented, and there is on the evidence an urgent need to review it.

During the court case, VicForests changed its proposals for logging operations in the three Toolangi coupes, to exclude areas as potential breaches came to light.

“Had the case not been brought, areas of forest now precluded from logging would have been clearfelled,” Ms Rees said. “It is tragic and sad that the laws are not strong enough to protect this critically endangered species. They have been designed to allow logging, not to protect threatened wildlife.”

The Leadbeater’s Possum, Victoria’s faunal emblem, is facing extinction through the loss of habitat from fire and many decades of overlogging.

This case was tried under the FFG Act 1988, to test its ability to protect a critically endangered species from a threatening process and the judgement has shown its inadequacy in the face of logging, even when a species is near extinction.

The Judge has declared, "The Leadbeater's Possum Action Statement made under the Flora and Fauna Guarantee Act 1988 does not stipulate a prescription for the creation of exclusion zones to protect Leadbeater's habitat, independently'.

The judgement continues that the Forest Management Plan, a forestry document written in 1998, untested in relation to the efficacy of its management of threatened species, and due to be reviewed 4 years ago, is the primary instrument.

The Toolangi colony of the Leadbeater's has been recognised as suffering a greater chance of extinction than the other populations according to the Commonwealth recovery plan for the species. VicForests' maps from the case show that forestry has been undertaken right across Toolangi's forests, including in many SPZ's that were overlaid onto previously logged forests. Coupled with the fires, the Toolangi colony is now in real trouble.

VicForests put into evidence that 166 coupes were materially similar to the subject coupes in the case. Optimistically the finding, if strictly applied across all these sites, will making logging in many areas unviable, and we will expect VicForests will adhere to the undertaking made before His Honor.

In the office, we are working around the clock to ensure the best opportunities can be recognised in the judgement. It may not end here with the legal team considering all possible options.

When asked by ABC whether we thought this was worth it, we replied, "that we wouldn't change a thing and will, if we have to, do it all again until we can be sure that the best protection is afforded to our most challenged wildlife in these forests."

I'll tell you what though, this case has made our work on the Baw Baw frog, and the subsequent success of a 5000 hectare protection envelope, look like a walk in the park!

Stay tuned...

http://www.myenvironment.net.au/