Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Friends of Leadbeater's Possum Inc v VicForests (No 4) [2020] FCA 704 File number: VID 1228 of 2017
Judge: MORTIMER J
Date of judgment: 27 May 2020
Catchwords: ENVIRONMENT LAW – listed threatened species – conduct of past and proposed forestry operations in the Victorian Central Highlands Regional Forest Agreement region – precautionary principle – whether exemption in s 38(1) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) lost because forestry operations were not or are not likely to be undertaken in compliance with the Code of Practice for Timber Production 2014 (Vic) – whether, if the s 38(1) exemption is lost, forestry operations are an action that was likely to have had or is likely to have a significant impact on the Greater Glider or Leadbeater's Possum or both
Legislation: Acts Interpretation Act 1901 (Cth) s 23 Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 3, 18, 38, 40, 67, 75, 139, 178, 179, 201, 207A, 207B, 208A, 266B, 269AA, 270, 303CG, 391, 475, 480A, 502, 503, 523, 524, 527E, 528 Evidence Act 1995 (Cth) ss 50, 53, 97 Federal Court of Australia Act 1976 (Cth) ss 21, 23 Regional Forest Agreements Act 2002 (Cth) ss 4, 6 Protection of the Environment Administration Act 1991 (NSW) s 6 Conservation, Forests and Lands Act 1987 (Vic) ss 31, 39, Pt 5 Flora and Fauna Guarantee Act 1988 (Vic) s 19 Sustainable Forests (Timber) Act 2004 (Vic) ss 5, 37, 41, 44, 46, 70
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