Save Our Strathbogie Forest Inc v Secretary to the Department of Energy, Environment and Climate Action [2024] FCAFC 134

Federal Court of Australia Save Our Strathbogie Forest Inc v Secretary to the Department of Energy, Environment and Climate Action [2024] FCAFC 134 Appeal from:

File number:

Judgment of: MOSHINSKY, CHARLESWORTH AND KENNETT JJ

Date of judgment: 23 October 2024

Catchwords: ENVIRONMENTAL LAW – listed threatened species, namely the Southern Greater Glider – where the respondent (the Secretary) proposed to conduct fuel reduction burns in four areas of the Strathbogie State Forest – where the appellant sought an injunction under s 475 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) to restrain the proposed action – where the principal issue at trial was whether the proposed action was likely to have a significant impact on the Glider as a species – where the primary judge was not satisfied that the proposed action was likely to have a significant impact on the Glider as a species – whether, on the basis of the primary judge's findings, he should have been satisfied that the proposed action was likely to have a significant impact on the Glider as a species – whether the primary judge erred in his approach to fact-finding, by setting too high a bar to establish factual propositions – where the Secretary contended at first instance that the proposed fuel reduction burns were exempt under s 43B of the Act – where the primary judge held that the exemption did not apply – where the Secretary filed a notice of contention, contending that the primary judge erred in so concluding – held: appeal dismissed

Environment Protection and Biodiversity Conservation Act 1999 (Cth), ss 18, 18A, 19, 43B, 67, 68, 75, 178, 179, 207A, 266B, 345, 391, 475, 475, 502, 503, 523, 527E, 528 Legislation: Evidence Act 1995 (Cth), s 140 Environment Protection and Biodiversity Conservation Regulations 2000 (Cth), reg 7.01 Forests Act 1958 (Vic), s 62