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Blue Derby Wild application for logging injunction on Krushka’s forests refused, while special leave application proceeds to High Court of Australia

Blue Derby Wild have been unsuccessful in obtaining a further injunction from the Full Court of Tasmania that Forestry Tasmania - trading as Sustainable Timber Tasmania (STT) - to stop logging and burning of Krushka’s forests.

The Blue Derby Wild Inc legal team are of the view that the Full Court of Tasmania decision handed down on Friday April 12 has not addressed the issues of apprehended bias. The delegation powers given to STT staff allow them to apply to themselves for permission to log. Thereby taking on the powers of the Forest Practices Authority - which is set up to be an independent auditor - creating an issue of bias. Blue Derby Wild are seeking special leave to take their case to the High Court of Australia to hear the case of Tasmania’s native forests, including Krushka’s, being logged with apprehended bias. 

Louise Morris, Blue Derby Wild Campaign Coordinator said, “We’re disappointed that the Full Court today did not see fit to grant further injunction to stop government logging agency Sustainable Timber Tasmania - who we claim are logging unlawfully - going back into Kruska’s to log and burn. STT have stated that there is at least 9 more weeks of logging of Krushka’s forests they intend to carry out. And then burning of these irreplaceable biodiverse wet forests, to turn them into an even age eucalypt tree crop.” 

“We have instructed our legal team to immediately seek special leave to take our claim to the High Court of Australia, and with that seeking an urgent injunction on the logging and burning plans that are an imminent threat.” said Ms Morris

“Our case has always been founded on issues of apprehended bias stemming from the way in which STT staff regulate their own practices through being delegated the powers of the independent regulator, the Forest Practices Authority. Which puts them in the position of creating, approving, undertaking and regulating their own native forest logging plans and practices.  Meaning STT staff are wearing’ two hats’, one as the logger, and the other as delegated FPA regulator, as to what are acceptable logging practices. In our view this is neither transparent, best practice nor in the interest of our native forest or communities.”

"While this case is focused on the forests of Krushka’s around the iconic Blue Derby mountain bike trails, this case is about how the whole self regulating system of native forest logging in Tasmania is done.”

“From the decision handed down on April 12 by the Full Court of Tasmania, this case has expanded to include the question of whether community groups and incorporated associations with an interest in advocating for nature and the environment are able to challenge logging of our native forests through our legal system. Effectively undermining the standing of organisations and community groups in Tasmania to run the landmark cases they have for over 40 years,” said Ms Morris.

“ Our case, that we wish to take to the High Court, will seek to ensure groups such as Blue Derby Wild are able to advocate for our natural world and forests and nature world from further destruction. Especially where it is sanctioned by parliament,” concluded Ms Morris

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