10/05/2021
Today, the full bench of the Federal Court overturned Friends of Leadbeater's Possum Inc. landmark win in the Possums Case on one ground, on the basis that logging has a wide exemption from federal environment law even when conducted in habitat critical to the survival of wildlife facing a high risk of extinction, and in breach of state law.
The Full Court dismissed all other 21 grounds of appeal, including those seeking to overturn factual findings in the original decision. Key findings that stand in the original 444 page-judgment include that logging is permanently destroying habitat critical to the survival of the Leadbeater’s Possum and Greater Glider, is a cause of the decline of important populations necessary for their long-term survival, and that current reserves are inadequate to protect the species from their high risk of extinction.
The original judgment also found that logging in the 66 areas subject to the case was in breach of Victorian environment law, and in just 17 of the areas investigated, up to 600 Greater Gliders may have been impacted and killed by the state’s logging agency. All appeal grounds relating to those findings were dismissed.
Despite these findings, the Court decided those logging operations are still exempt from the federal environment laws designed to protect those very species.
Friends of Leadbeater’s Possum are applying to keep injunctions in place while they appeal to the High Court, to ensure protections stay in place for the 66 areas subject of the case home to the critically endangered Leadbeater’s Possum and vulnerable Greater Glider.
Logging continues daily in Victoria at sites where Greater Gliders are recorded and in known Leadbeater’s Possum habitat. Many of those logging operations may be unlawful under state law, even if they are exempt from federal law.
Steve Meacher, President of Friends of Leadbeater’s Possum said:
“Logging in native forests is killing threatened species and destroying their critical habitat. Against this background, this morning’s judgment is very disappointing.
“This battle is not yet over. We are actively looking to appeal to the High Court.
We’ll be working with our client, Friends of Leadbeater’s Possum to appeal to the High Court and apply to keep injunctions in place protecting the critical areas of habitat subject of the case.
