WOTCH v VicForests 2020

WOTCH is taking legal action against VicForests to protect threatened species and their habitat in Victoria’s forests from logging. The 2019–20 bushfires have had an unprecedented impact on our wildlife. Until we can fully understand the effects these bushfires have had on Victoria’s threatened species, we cannot continue to destroy their habitat in unburnt areas. 

Sooty Owl, Powerful Owl, Greater Glider and Smoky Mouse have each lost huge swathes of habitat in the recent wildfires. Represented by Environmental Justice Australia, we are arguing that VicForests is acting unlawfully by continuing to log the habitat of these fire-affected threatened species.

We contend that by planning and conducting timber harvesting operations in these coupes, VicForests has failed, and will fail, to comply with section 2.2.2.2 and/or section 2.2.2.3 of the Code of Practice for Timber Production 2014 under part 5 of the Conservation, Forest and Lands Act 1987 (Vic). This would be unlawful under the Sustainable (Forests) Timber Act 2004 (Vic), which requires VicForests to comply with any relevant Code of Practice relating to timber harvesting.

The case includes areas in Toolangi State Forest, Rubicon State Forest, Thomson River Forest Reserve, Yarra State Forest and Latrobe State Forest.

The case involves fire-affected threatened species including the Greater Glider, Sooty Owl, Powerful Owl and Smoky Mouse. All of these species are listed as threatened under the Flora and Fauna Guarantee Act 1988 (Vic). The proportion of their modelled habitat within Victoria already affected by the 2019–20 bushfires is 26%, 41%, 23% and 22% respectively. These numbers are expected to rise to 47%, 59%, 35% and 41% respectively based on the projected impact area. More details can be found in the DELWP preliminary report.

WOTCH has been granted an interim injunction to immediately protect forest along the iconic Koala Creek near Marysville, forest directly adjacent to Learmonth Creek south of Powelltown and an area in Melbourne's water catchment in the Upper Thomson region. We will be back in court on 18 February 2020 to seek an interlocutory injunction to suspend timber harvesting in the following coupes:

298-516-0003 (Pony), 298-516-0002 (Brumby), 297-501-0005 (Castella Hills), 297-501-0006 (Castella East), 298-504-0001 (Propeller), 312-510-0012 (Kumba), 458-501-0010 (Rock a Rhyme), 349-502-0014 (LaTrobe), 347-518-0005 (Dowse) and 345-528-0001 (Apu).

Help Protect The Unburnt

With so much threatened species habitat already lost to the catastrophic bushfires in eastern Victoria, we must protect what is left. VicForests must be held accountable, and we need your help to protect critical habitat for the Greater Glider, Sooty Owl, Powerful Owl and Smoky Mouse. Please donate to help keep our legal case running and keep VicForests out of threatened species habitat.