VicForests' response to the findings of its appeal to the Federal Court
10 May 2021
VicForests is pleased that its appeal to the Full Court of the Federal Court has been successful.
The Full Court accepted VicForests’ arguments on the main ground of appeal – with all other grounds being argued as an alternative in the event that the first ground was unsuccessful.
Importantly the Court has upheld VicForests’ interpretation of the framework for sharing of environmental regulation between the Commonwealth and the States – that is, that forestry operations conducted in an area that is managed through a Regional Forest Agreement are managed under the State regime approved by the Commonwealth through the RFA process, not through the approval process under Commonwealth Law.
For more information please see our fact sheet of the FoLP appeal decision here.
Update – 3 June 2021 – VicForests’ response to costs order by the Full Court
VicForests won its appeal against Friends of Leadbeater's Possum Inc. with the Full Court of the Federal Court agreeing that the EPBC Act does not apply to VicForests operations and that Justice Mortimer did not have jurisdiction to hear the matter.
VicForests is surprised and disappointed by the Full Federal Court’s decision on costs, as costs are not ordinarily ordered against the successful party.