old growth forest

Environment East Gippsland shouldn’t be forced down this costly road but they are … and it works! If anyone would like to share in this winning strategy you can send us a few bob so they can keep it going. Donations are tax-deductible (but we understand if people have thin piggy banks after Xmas). EEG has quite a few large bills to pay now. But their work isn’t over yet! Please drink a toast to all the players tonight – the EEG lawyers, the risk taking EEG team, and the GECO and FFRC surveyors – what a force! You can donate here.

Thursday 4th Feb 2015: Legal action forces VicForests to survey

Action taken by Environment East Gippsland and their lawyers, Environmental Justice Australia, has resulted in VicForests today agreeing to halt logging and survey for rare wildlife and plants in a stand of East Gippsland’s forests rich in threatened species.

“Sadly, since mid-January and while negotiations have been going on, VicForests continued to clearfell this amazingly valuable forest where four rare and threatened wildlife and two plant species were discovered by volunteer surveyors” said Jill Redwood from EEG. “It’s a shame that so much has been destroyed in this time, in an area that clearly should have been surveyed by trained biologists before the chainsaws moved in.”

The species recorded in the Kuark forest about 30km NE of Orbost, were the Long-footed Potoroo, Yellow-bellied Gliders, a new species of galaxias fish that only occurs in Kuark, a likely new, as yet undescribed species of crayfish, and two rare plants that should have 250m Special Management Zones applied.

“We have to wonder what gems we have lost over the years because the state government’s logging company calls the shots on whether an area should have a survey before it is clearfelled and burnt.”

“Sadly, Minister Neville’s Environment Department consistently refuse to order VicForests to survey for rare and threatened flora and fauna in areas slated for logging, so it’s left up to community groups to engage lawyers” said Felicity Millner of Environmental Justice Australia.

“We welcome this belated action by VicForests in this instance” said Ms Millner.

“We will be watching closely how their actions are carried out and are leaving our options open at this stage”, said Jill Redwood.

Wednesday 3rd February marks the 19th anniversary of an agreement that has allowed the logging industry a legal exemption from Australia’s environment laws. Jill Redwood from Environment East Gippsland, where this exemption from commonwealth laws was first introduced says the Turnbull government is planning to instate another 20 years of this special treatment. When the agreement between the state and federal govt was signed, EGipp was promised a multi-million dollar economic boost – 400 new jobs – a bright future. There were 20 sawmills at the time – it’s now down to 5. It employs less than 0.05% of the regional workforce. The joint MR of 3rd Feb 1997 promised world class protection of old growth and biodiversity – both of which have declined rapidly in that time.
“We have one more year before this archaic agreement expires. To continue this out-dated, anti-environmental exemption to the laws for a passé and declining industry is deplorable”.

“Being exempt from environmental laws has caused the status of many forest dependent wildlife to take a nose dive. Some are now critically endangered, like the Leadbeaters Possum (Victoria’s faunal emblem) and the Swift Parrot while others like our Gliders are being added to threatened species lists”.

“We need to make native forest logging accountable” said Jill Redwood. “It’s time to bring it in line with other Australian industries and strip its preferential treatment. It has had 19 years of immunity from the law at great cost to our forests and the public purse”.

“Such critical wildlife habitat is worth far more standing than as a cheap export commodity. Our timber needs are 85% supplied by tree plantations. This is where the jobs and security for the industry is”.

“Over the past 19 years our forests in East Gippsland and across the country have been systematically clearfelled, mostly sold cheaply to overseas pulp and paper factories”.

“It’s time to set in place a new phase of valuing forests, keeping them upright and onshore for the many values they provide for Australia”.

The protection of owls might soon go to the Supreme Court and a proposed regulatory change will allow native forest wood to be burnt for electricity. It was been tabled in the House of Reps today, 27 May 2015. There is a danger that Bill Shorten's Labor Party might support the bill, despite what that says about our renewable energy scheme. Read on to find out how we might fight this.

Owls' Legal Case

The court-ordered mediation with the department and VicForests last week did not resolve.
The next step is a Directions hearing on the 26th of June to have the matter heard in the Supreme Court.
We can’t give you much more detail than that at this stage. In the meantime, tell Minister Neville and her Department to protect our rare Owls and their forest in East Gippsland.  And if you’d like to help us along with this 4^th legal challenge (so far we’ve won or settled 3/3) click here to make a tax-deductible donation.”
Read the background to this case here

Bill tabled to burn forests as ‘renewable energy’

The regulatory change that will allow native forest wood to be burnt for electricity has been tabled in the House of Reps today.
It looks like Bill Shorten’s Labor Party might support the bill, even though it means undermining our renewable energy scheme.  This is urgent. Please make a quick phone call to Bill Shorten's office and urge that Labor opposes this.   (02) 6277 4022.

If Labor opposes this, the vote will be decided by the independents on the crossbench in the Senate. The Senate sits again on June 15, so contact the cross benchers and let them know that you want them to vote against the change to the regulation.

A few suggested points to raise are available here

Some of the crossbenchers have been concerned that the industry will need certainty, and Labor could reverse the regulatory change next in government, so that uncertainty is a point to raise as well. Plus, many still believe the lie that the ‘waste’ will only be the heads and sweepings (!) There needs to be a very clear definition provided before anyone votes on this. 

From our experience, emails are good but can get ‘lost’, so phone calls or tweets are better. 

Who is braver or more dedicated than the activists who protect our forests?

Victoria, Australia the World owe an incalculable debt to Jill Redwood and the other members and supporters of Environment East Gippsland. Every tree saved is also a bastion for democracy and freedom, against the malignant march of concrete burocracy and the development lobby who would turn every old giant into toilet paper if they could.

Support our forest warriors in this battle by donating here.

Tuesday 29th September ‘09

The Supreme Court today refused VicForests' application for up to $163,000 in security from a small environment group. VicForests was asking for this sum to be secured before a court injunction is granted to stop logging on Brown Mountain.

"If Environment East Gippsland (EEG) had been required to pay such a large sum of money, it could have stifled an important piece of public interest litigation", said EEG spokesperson Jill Redwood.

“This is a groundbreaking decision because no Victorian court has ever ordered an injunction on logging before. It is also a groundbreaking case because it is the first time that the Supreme Court has been asked to order a party in a public interest case to pay security of this type”.

"The judgment says 'this is an exceptional case', and that if logging was allowed to go ahead before the trial, there is 'a genuine risk' that the Potoroo habitat may be destroyed”, said Ms Redwood.

Justice Forrest said that the relevant laws “demonstrate the clear legislative intent that protecting threatened or endangered species such as the Potoroo is particularly important”.

“We feel vindicated by this decision today and look forward to having the case heard for the protection of the forests and rare wildlife on Brown Mountain”, said Ms Redwood.

It seems unlikely that Environment East Gippsland stands to wear enormous costs after all. Judge Jack Forrest seems to be taking the laws he is expected to hear the case in relation to very seriously. Those laws are all about preserving biodiversity.

Here is how he has worded a relevant part of the jugement:

"Third, VicForests correctly says that any undertaking as to damages which may be given by EEG is in effect close to meaningless. The estimate of EEG's assets vary between $10,000 and $45,000. If it is unsuccessful in the calim, presumably it will, at least, have out of pocket legal expenses, and I assume there will be no money available to satisfy the undertaking as to damages. However, this is a public interest piece of litigation against a State corporation and I bear in mind that the preservation of endangered native fauna is a paramount consideration in the statutory provisions and documents I have referred to.

The Judge seems to be saying that an injunction would be appropriate. He has, however, allowed VicForests until Thursday to prove what their loss might be if there is just a temporary injunction and not a permanent stop to logging. A final comment: Since there has been a seven month moratorium for that area up until recently, while government biologists carried out surveys to confirm EEG's findings, it would be hard for VicForests to claim sudden large losses if they were prevented from logging for another few months.

Brown Mountain - Historic win for Victorian forests hangs on funding indemnity

Monday 14th September

Ed: Shakespeare wrote that the quality of mercy is not strained but falls from heaven like the rain ...
Not much rain and not much justice in Victoria, if you don't have money...
BUT there is still hope and this case is too important to lose:

In an historic win for an environment group, the Victorian Supreme Court today decided it is appropriate to grant an injunction restraining government logging monopoly VicForests from logging two areas of forest on Brown Mountain in East Gippsland.

"This is the first time a court order has been made to prevent the destruction of old growth forests in Victoria until a trial about the lawfulness of the logging is completed", said Jill Redwood, coordinator of Environment East Gippsland, the group that took the extraordinary court action.

Money required to bring our own government to justice

"The only reason the injunction wasn't granted today is that VicForests has asked the Court to order EEG to provide a large amount of money to secure its undertaking to pay any damages which flow to VicForests from the granting of the injunction. This will be argued in court on Thursday," said Ms Redwood.

Click here to find how to send money to EEG to help

"After we discovered a rare Long-footed Potoroo in the area a few weeks ago, VicForests still insisted that it would log the area immediately. We had to rush this to court to stop them," said Ms Redwood.

In his judgment, Justice Forrest referred to photographs of logging, and said they "demonstrate the apparent total obliteration of the area of native forest as a result of logging and the subsequent burning off. To put it bluntly, once the logging is carried out and the native habitat destroyed, then it cannot be reinstated or repaired in anything but the very, very long term."

Of course, that does not mean that anyone would then be able to repair it, any more than we have repaired the forest where our cities now stand. Once that forest is gone, to all intents and purposes, it is gone forever - and the species within it never to regenerate.

“If an injunction is granted on Thursday, it will last until we go to trial to argue about whether logging this old growth forest and the effects on its wildlife is lawful."

“Brown Mountain's forests have been the litmus test for the state government's commitment to forest conservation since 1989, when they were first declared National Estate by the Commonwealth Government but clearfelled by the State Government", said Ms Redwood.

It should be the government upholding the law to protect our wildlife, not fighting against it

"When will the Brumby Government get the message? It should be the government upholding the law to protect our wildlife, not fighting against it."

The endangered wildlife identified around Brown Mountain Creek includes the Sooty Owl, Long-footed Potoroo and Orbost Spiny Crayfish as well as the sensitive Greater Glider and Yellow-bellied Gliders.

The matter returns to Court before Justice Forrest on Thursday 17 September 2009.

People with guts also an endangered species which needs protection

Please help Jill Redwood and the EEG group. People with guts in Victoria are almost as rare as the long-footed potoroo. Let's help to make brave people prepared to fight for justice flourish too!

VicForests sued for illegal logging Tuesday 25th August 2009

Today, Environment East Gippsland commenced proceedings against VicForests in the Supreme Court of Victoria.

A writ was filed with the court this morning and has just been served on VicForests.

“We ask the Court for a permanent injunction to stop VicForests from logging Brown Mountain” said Jill Redwood, Coordinator of EEG. “We also ask the Court to declare that the logging of Brown Mountain is unlawful”.

Brown Mountain is known habitat for at least five species of wildlife listed as vulnerable or threatened under the Flora and Fauna Guarantee Act.

The Court has not yet set a date for the hearing of the case.