9th April 2025
The Forest Alliance of NSW has welcomed today's landmark ruling by the High Court of Australia confirming the right of community and Indigenous groups to bring legal action against the Forestry Corporation of NSW (FCNSW) to enforce NSW logging laws.
South Coast based conservation group, South East Forest Rescue (SEFR), commenced legal proceedings in the NSW Land and Environment Court in 2024 seeking a court decision to require FCNSW to undertake legally required pre-logging surveys to identify and protect the dens of threatened species like the Greater Glider.
The action was brought in response to revelations FCNSW was conducting their pre-logging surveys for nocturnal animals during the day and failing to identify the homes of threatened species like the Greater Glider. The Forest Alliance NSW estimates FCNSW identifies just 1% of Greater Glider den trees through its pre-logging surveys. This is despite logging rules requiring Greater Glider den trees to be protected from logging.
In another judgement handed down in 2024, The Land and Environment Court found FCNSW "has a significant history of unlawfully carrying out forestry operations"
Scott Daines, spokesperson for South East Forest Rescue said:
"Today's judgment confirms organisations with a genuine and ongoing commitment to environmental protection can hold government-owned entities accountable to the law.
"Rather than engaging with the substance of our claims, Forestry Corporation has fought for years to deny our right to bring them to court.
"It is disappointing that public money and resources were used trying to avoid scrutiny rather than addressing the environmental harm itself."
Justin Field, spokesperson for the Forest Alliance NSW said:
"Communities have been forced to step in where the NSW Government has failed to protect threatened species and uphold the law. Today's decision affirms their right to do so.
"This decision highlights the need to quickly progress the NSW Forestry Industry review currently underway and adds weight to the argument to end native forest logging and shift to a plantation-based timber industry in NSW.
We caution the NSW Labor Government against considering legislation or changes to logging rules to try to overturn the effect of today's court decision. A responsible Government would act to uphold NSW laws and protect the environment, not sideline communities.
Jacqui Mumford from the Nature Conservation Council NSW said:
"Forestry Corporation is a serial law breaker that is costing taxpayers millions. Since 2020 FCNSW has been fined over $1.75m for breaches of logging and environment laws in NSW and there are 21 investigations underway for other potential breaches.
NSW Forestry Corporation's repeated illegal logging activity shows that NSW Premier Chris Minns and Forestry Minister Tara Moriarty have failed to ensure FCNSW acts within the rules.
Where the NSW Government has failed to uphold NSW laws and protect threatened species, community groups are stepping in and the court has today upheld our right to do so".
Stuart Blanch from World Wide Fund for Nature - Australia said:
"WWF welcomes the decision. Community groups must be able to enforce the law to protect forests through the courts.
"Today's ruling also shines a light on the failure of Commonwealth environmental laws to protect threatened species. Native forest logging is exempt from the national environment laws on the proviso that state rules provide these protections. NSW rules are clearly failing to protect threatened species, forcing community groups to have to step in. The federal exemption should be removed."
Dailan Pugh from the ForestNorth East Alliance said:
"We welcome this reaffirmation that community groups with a demonstrated interest can enforce NSWs' logging rules. The Government and Forestry Corporation should welcome this scrutiny. As we found in our unsuccessful case in 2023 there remains a high bar to clear to prove that the Forestry Corporation has not complied with its limited legal obligations."
Bob Debus, former Attorney General NSW, from Wilderness Australia said:
"In my observation, the native forestry industry constantly breaches the harvesting rules contained within the Integrated Forestry Operations Approval (lFOA). The Environment Protection Authority apprehends them far less often. The adequate protection of our forests needs the involvement of the community, but that will only be disruptive if the industry continues to ignore the environmental protections required by the harvesting rules."
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Background
In January 2024 conservation group South East Forest Rescue (SEFR) commenced legal action in the NSW Land and Environment Court against the Forestry Corporation of NSW (FCNSW) in an effort to force them to comply with NSW logging rules (Coastal Integrated Forestry Operations Approval - CFIOA) requiring them to undertake pre-logging surveys to identify the dens of threatened species like the Greater Glider
The judge in that case recognised the common law right to bring the case but found SEFR had not established they had a special interest in the issue that gave them standing to bring a case.
In a landmark judgement in May the NSW court of appeal found that SEFR did indeed have a special interest, and re-affirmed that community groups do have common law rights to enforce the FCNSW legal obligations to comply with the CIFOA.
FCNSW appealed to the High Court arguing that only the EPA can enforce the logging rules and sought to overturn community group's rights to hold FCNSW to account.
Today's decision found against FCNSW, re-affirming the common law right for community groups with special interest to bring future actions to enforce the law.
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Summary of Judgement
The High Court of Australia recently ruled on a case between the Forestry Corporation of New South Wales (the appellant) and South East Forest Rescue Incorporated (the respondent). The main issue was whether environmental groups like South East Forest Rescue have the legal right (standing) to initiate court proceedings to enforce environmental duties and obligations set out in the Forestry Act 2012 (NSW) and related approvals.
Background:
- The Forestry Corporation conducts forestry operations under an Integrated Forestry Operations Approval (IFOA) granted under Part 5B of the Forestry Act.
- South East Forest Rescue sought legal action to ensure that the Forestry Corporation adhered to the environmental obligations specified in the IFOA and the Act.
Legal Question:
The central question was whether organisations with a "special interest" in environmental protection, like South East Forest Rescue, have the standing to bring enforcement proceedings under the Forestry Act, or if such actions are exclusively reserved for specific government entities.
Court's Decision:
The High Court upheld the decision of the New South Wales Court of Appeal, concluding that entities with a demonstrable special interest in the subject matter do have the standing to initiate such proceedings. This means that environmental groups are legally permitted to seek enforcement of environmental duties and obligations imposed by the IFOA and the Forestry Act.
Implications:
This ruling affirms that environmental organisations can play an active role in ensuring compliance with environmental laws and approvals, reinforcing the accountability of entities like the Forestry Corporation to adhere to their legal environmental responsibilities.
Full judgement: https://eresources.hcourt.gov.au/showCase/2025/HCA/15
