The NSW Forestry Corporation (FCNSW) has a history of breaking the law when logging NSW forests and have been successfully prosecuted in court. Yesterday saw a new ruling that confirms the right of community and Indigenous groups to bring legal action against the FCNSW to enforce NSW logging laws.
In 2024 the Land and Environment Court (L&EC) found FCNSW ‘has a significant history of unlawfully carrying out forestry operations’. Revelations that 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 led to legal action started in 2024 by the South Coast based conservation group, South East Forest Rescue (SEFR). The L&EC found that groups with special interest could sue the FCNSW, but that SEFR did not meet the requirement of having special interest.
SEFR appealed that decision to the NSW Court of Appeal, who found that SEFR did have sufficient special interest to commence action against the FCNSW. However, the FCNSW then appealed the Court of Appeal’s decision, in an effort to stop groups with special interest from commencing proceedings against the FCNSW, and lost.
The unanimous High Court of Australia decision found that environment groups can sue the NSW Forestry Corporation for illegal logging. This means that groups with sufficient special interest in the environment may commence proceedings against the Forestry Corporation for illegal logging and other breaches of their operating conditions.
‘Rather than engaging with the substance of our claims, Forestry Corporation has fought for years to deny our right to bring them to court,’ said Scott Daines, spokesperson for SEFR.
‘Rather than engaging with the substance of our claims, Forestry Corporation has fought for years to deny our right to bring them to court. Today’s judgment confirms organisations with a genuine and ongoing commitment to environmental protection can hold government-owned entities accountable to the law.’
Because FCNSW is a government entity ultimately it is the NSW taxpayer who foots the bill for the costs of breaches and court cases run by the organisation.
‘Shamefully, the NSW taxpayers are paying for the destruction of their public forests and will now foot the bill for Forestry Corporation NSW arrogant attempt to avoid answering South East Forest Rescue’s damning evidence of their logging that destroys Glider habitat,’ said Jenny Weber, Bob Brown Foundation’s Campaigns Manager.
Government action needed
Multiple groups are calling for greater transparency and the end of native forest logging in NSW.
‘Communities have been forced to step in where the NSW Government has failed to protect threatened species and uphold the law. This decision affirms their right to do so,’ said Justin Field, spokesperson for the Forest Alliance NSW.
‘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.’
North East Forest Alliance’s Dailan Pugh agrees saying, ‘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.’
Not above the law
Environment groups are highlighting the fact that environment groups, not just the EPA, can now take FCNSW to court for illegal logging.
‘Given the environmental harm that the Forestry Corporation commits on a daily basis as part of their regular logging operations, there is a serious question about whether native forest logging will be able to continue across NSW.’ said Greens MP and spokesperson for the Environment Sue Higginson.
‘The High Court has now rightly confirmed an open court door for public interest cases to be brought against the continued logging in our native forests. The High Court of Australia has confirmed that the environmental rule of law in NSW is alive and well. This judgement makes it clear that the Forestry Corporation and the EPA are not above that rule of law.’
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