"Forestry Corporation and the EPA are not above the rule of law" High Court decision
The High Court of Australia has today unanimously found that environment groups can sue the NSW Forestry Corporation for illegal logging.
- The South East Forest Rescue (SEFR) took the Forestry Corporation to the Land and Environment Court (LEC) in 2024 seeking to prevent illegal logging operations by the Corporation, however the LEC found that groups with special interest could sue the Forestry Corporation, 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 Forestry Corporation.
- The Forestry Corporation appealed the Court of Appeal’s decision, in an effort to stop groups with special interest from commencing proceedings against the Corporation, and lost.
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.
Greens MP and spokesperson for the Environment said "This is a huge win for South East Forest Rescue, the community at large, and especially for our precious native forests,"
"This is the end of a terribly dark era where communities were denied access to environmental justice. Now that’s all changed and once again the Community can hold the Forestry Corporation to account,"
"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,"
"This marks the end of the purported rule that only the Environment Protection Authority can prosecute the Forestry Corporation for their illegal logging. No longer will internal Government deals protect the Forestry Corporation from being prosecuted for their illegal actions,"
"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,"