The legal cases
There are currently two legal cases going on against the government and its logging agency VicForests. They challenge the legitimacy of the RFAs and the legal requirement for more old growth to be protected in reserves.
The first case concerns the overlogging of a valuable forest type (wet and damp old growth forest). The law states 60% of what existed in East Gippsland in 1995 must be protected in reserves. The Fauna and Flora Research Collective argues this quota has not been met, and until it has logging should be stopped in these areas. DELWP is claiming it was a ‘drafting error’. This will be heard in the Melbourne Supreme Court on December 10th and run for between 5-7 days.
The other case is being run by Friends of Leadbeaters Possum to challenge VicForests and will be heard in the Federal Court (Melbourne) early in 2019. This case questions the validity of the RFA in the Central Highlands using the endangered Leadbeaters Possum and the Threatened Greater Glider as the test species. The finding could set an important standard that should be followed for other areas across the country.
How are the cases going now?
Legal proceedings always seem to disappear into the ether, but I guess we just need to be a bit more patient with these ones?
Yes they do take a looong time to prepare, get into the Courts and then wait for all of the processes, document exchanges, court dates, adjournments, hearings, and other wait times …
The Possums case and Old Growth case could have a ruling next week or next year. Yes, it’s a waiting game.