Logging threatened species habitat: A legal perspective
On 19 December 2006, the Federal Court handed down a decision which it has since been said will bring an end to the native forest logging industry in Australia, an industry which thrives on logging threatened species habitat.
Senator Bob Brown made an application under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) ("the Act") for an injunction to stop Forestry Tasmania logging threatened species habitat in the Wielangta forest. Senator Brown contended that logging the threatened species' habitat contravenes the Act. The Court agreed with Senator Brown and found that logging had a significant impact on threatened species due to habitat destruction and that the logging had not been undertaken in accordance with the Regional Forest Agreement between the State of Tasmania and the Commonwealth as it breached the clause in which the State "agrees to protect" threatened species.
The decision requires logging to be in accordance with Regional Forest Agreements across Australia otherwise it is unlawful. Forestry Tasmania has appealed the decision, with the support of the State of Tasmania and the Commonwealth. The appeal is yet to be heard. Since the decision, the State of Tasmania and the Commonwealth have amended the Regional Forest Agreement so that there is no longer an obligation "to protect". Instead there is now a clause where the parties "agree" that logging protects threatened species.
This paper will outline the decision and its far-reaching ramifications, including current responses to it.