The Bob Brown Foundation has failed in its High Court bid aimed at overturning Tasmania’s Regional Forest Agreement. In a legal challenge dubbed the “Great Forest Case“, Dr Brown’s foundation had sought leave to appeal a Federal Court judgement that agreed with Sustainable Timber Tasmania that there is a broader suite of environmental protections in force in Tasmania. Source: Timberbiz
The foundation argued Tasmania’s regional forestry agreement was invalid because it did not properly protect threatened native animals.
The case was taken in relation to the Tasmanian RFA but would have had national implications had it succeeded.
The Bob Brown Foundation had claimed it would use its success in the case to mount similar legal challenges to RFAs in Victoria, NSW and Western Australia.
However, the High Court ruled that the appeal “foreshadowed in this application lacks sufficient prospect of success to warrant a grant of special leave”.
The Bob Brown Foundation has been ordered to pay its opponents’ costs, with an exact sum yet to be determined.
The State Government, Opposition, peak forestry bodies and state-owned forestry STT all supported the earlier Federal Court ruling.
The Federal and State governments and industry bodies have welcomed Thursday’s ruling by the High Court.
Assistant Minister for Forestry and Fisheries Senator Jonno Duniam said the High Court’s decision was a victory for Tasmania’s sustainable forestry industry.
“The so-called ‘Great Forest Case’ is dead in the water, and the real winner is the forestry industry and the hardworking men and women who work in it,” Senator Duniam said.
“This is a win for common sense and a win for the regional economies that rely on forestry.
“The Bob Brown Foundation must now accept that the Tasmanian Regional Forest Agreement is valid.
“Regional Forest Agreements are the best way of balancing environmental, economic and social demands for our native forests.
“There is no bigger backer of the forestry industry than this government. Our forests are the ultimate renewable resource, and our forest product industries are vital to our regional communities.
“We have a world-class, sustainable forestry industry that deserves to be celebrated, not decimated, by activists.”
The Tasmanian Government said the decision reaffirmed the ruling of the Full Bench of the Federal Court and cemented the validity of Tasmania’s RFA beyond doubt.
Tasmania’s Primary Industries and Water Minister Guy Barnett said the “destructive intent of the Foundation’s case at the Federal Court and now the High Court” had failed.
“This decision reaffirms the ruling of the Full Bench of the Federal Court and cements the validity of Tasmania’s RFA, beyond doubt,” he said.
“Tasmania’s RFA is underpinned by a strong and comprehensive Forest Management System that delivers ecologically sustainable forest management,” Mr Barnett said.
“The Tasmanian Liberal Government has full confidence in our comprehensive RFA and will always fight to protect Tasmanian jobs, maintain Tasmania’s important environmental values and ensure the sustainability of our forests.
“Our forestry industry employs thousands of Tasmanians and injects more than $1.2 billion into our economy and provides the sector with much needed certainty.
“With no further avenue for the BBF to appeal this matter, I sincerely hope they accept the umpire’s decision and cease their relentless campaign against Tasmanian workers and their families,” Mr Barnett said.
Nick Steel, chief executive of the Tasmanian Forest Products Association, welcomed the decision, saying that the Tasmanian forest industry had always acted according to strict state and federal conservation laws.
“Our industry goes to extraordinary lengths in working with conservationists and scientists on threatened species issues,” Mr Steel said.
“Challenge after challenge from the Bob Brown Foundation does nothing to contribute to the good work being undertaken in this area.
“It is time for these professional protesters to accept the umpire’s decision and catch up to the rest of the world in valuing Tasmania’s modern and responsible forest industry.”
The Australian Forest Products Association described the decision as a strong endorsement of Australia’s sustainable native timber industry.
“The decision is further proof that Australians can have confidence that our sustainably managed native forestry operations are regulated to the highest environmental standards in the world,” AFPA CEO Mr Ross Hampton.
Mr Hampton said the decision was yet another failed attack by activist groups against Australia’s sustainable timber industry. It follows the Federal Court’s unanimous decision last month that upheld the legality of forestry operations under Victoria’s Central Highland’s RFA.
“Sadly, professional activist groups like the Bob Brown Foundation use the legal system as a campaign tool to fundraise and disrupt lawful forestry operations.
“It is time they ended the lawfare against a sustainable, carbon-positive industry that supports tens of thousands of regional jobs and is the lifeblood of so many communities,” Mr Hampton said.
Dr Brown said the decision was “abysmal” and would send shock waves through the majority of Australians who want forests saved.
But Tasmanian Liberal Senator Eric Abetz attacked Dr Brown’s response to the ruling.
“As is their want, the extreme Greens never admit they are wrong and simply ramp up their rhetoric in the face of being comprehensively proven wrong,” Senator Abetz said.
“This ruling should provide certainty for our hardworking forestry communities and their families.”
Dr Brown and fellow forest defenders will be back in the Tasmanian Magistrates Court in July being arrested while halting logging.
