EEG

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!