A Supreme Court justice has ordered VicForests to temporarily halt the harvesting of fallen trees at a site in Victoria's west, after a community group alleged it had not surveyed for threatened species.
Key points:
Wombat Forestcare alleges VicForests has failed to survey for threatened species in Wombat State Forest
A Supreme Court order has temporarily halted salvage logging operations in one coupe
The planned operation was to clear trees that fell in 2021 storms
Wombat Forestcare began court proceedings last week seeking an injunction for the site in Wombat State Forest, alleging VicForests had not checked the area for species of owls, quolls and reptiles.
This morning, Supreme Court Justice Melinda Richards ordered VicForests and its contractor to stop any work in the harvesting area, near Daylesford, until October 31.
She said Wombat Forestcare had established "serious questions to be tried" that planned timber harvesting in the coupe would not comply with VicForests' code, in relation to surveying for endangered mountain skink and three species of forest owls.
Justice Richards said she did not accept VicForests' argument that the planned operations in the coupe, named "silver queen", were necessary to reduce fire hazard in Wombat State Forest.
"I have come to the view the evidence does not support that claim," she said.
Wombat Forestcare convenor Gayle Osbourne said she was "pleased" with the court's decision, but recognised it was the first significant step in a long court process.
VicForests has been conducting salvage logging operations in Wombat State Forest to clear debris following wild storms in June and October, 2021.
Wombat State Forest was one of the hardest hit areas during the storms.
'Valuable habitat'
Wombat Forestcare provided written expert evidence to the court last week, which said the removal of wind-thrown trees was highly likely to cause irreparable damage to native animal habitat.
“Logs are valuable habitat components to threatened species,” the expert statement said.
“They should not be disturbed if serious and environmental damage to these species and their environments are to be avoided.”
The expert statement said that without VicForests conducting “proper” surveys, including using cameras on site, it was not clear whether the species were present in the harvesting area.
VicForests said it had not surveyed for reptiles or quolls, because there was no evidence of the species being found in this coupe.
"You don't find them in this part of Victoria," said VicForests barrister Fiona Hudgson in reference to the skink.
"It is a reptile that doesn't move very far, Your Honour," she said.
Justice Richards questioned this assessment, given the Department of Environment has created a special protection zone for mountain skinks six kilometres from the boundary of this coupe.
Wombat Forestcare's barrister Jonathan Korman told the court that the surveys VicForests had completed for two owl species based on "desktop analysis" had been insufficient.
But Ms Hudgson for VicForests said the computer program used for surveys was a "complex algorithm" with habitat distribution models.
"There is no general principle whether surveys are required or a desktop analysis is enough for the ancillary question of whether there are endangered species in the coupe," she said.
Ms Hudgson said the coupe was regularly walked through to look for owl nests.
Further evidence request
Justice Richards amended her injunction order to allow Tiley Industries, the contractor VicForests licenced to complete operations in the coupe, to remove its machinery from the site using existing tracks.
When the matter returns to court on October 31, VicForests is expected to provide further evidence on why it determined it unnecessary to complete any surveys for reptiles.
Wombat Forestcare will likely provide more evidence as to why it says VicForests should survey for spotted-tail quolls.
VicForests' Wombat State Forest salvage logging operations began in April 2022, but they have been held up by wet conditions and species detections in other areas, including greater gliders.
Wombat Forestcare has previously held protests against VicForests' salvage logging operations in Wombat State Forest due to environmental concerns.
The 200-member community group will raise money to fund its court case, in particular to cover the cost of expert opinions, while the legal team is working pro bono.
The group has been surveying the forest since it was established in 2006.
In 2021, the Victorian government announced plans for much of the Wombat Forest to become part of a new national park, joining with Lerderderg State Park.