As you may have seen on April 12 the Full Court of Tasmania has made determination to refuse Blue Derby Wild’s appeal against the Forest Practices Authority (FPA), The Attorney General of Tasmania and government business enterprise Forestry Tasmania trading as Sustainable Timber Tasmania (STT), that their logging practices are unlawful. This decision is obviously disappointing for those of us who love our forests and understand that the system where STT staff are able to plan, undertake, and then regulate their own logging is broken.
However, it was not an unexpected decision - we were prepared for such an outcome.You can read our full media statement on our website here
What was alarming is that Sustainable Timber Tasmania (STT) lawyers stated in court on Friday that they intend to go back into Krushka's forests as early as Tuesday April 16, 2024 to keep logging and burn the forests areas they have already logged. The burning they want to start in a few days is designed to create an ash bed to convert this native forest into a tree crop of even aged (and highly fire prone) eucalypt trees. Blue Derby Wild have filed to the courts a follow up injunction application to stop this logging and burning.
Our legal team will be back in court on Monday April 15 to file this application, and our application to the High Court of Australia progressing our ongoing claim of systemic unlawful logging in Krushka's forests and all native forests in Tasmania. Based on issues of apprehended bias stemming from the way in which STT staff regulate their own practices through being delegated the powers of the Forest Practices Authority. Thereby approving their own applications to log native forest in Tasmania. Meaning STT staff are wearing’ two hats’, one as the logger, and the other as delegated FPA regulator of what they deem to be acceptable logging practices.
This case has its origin in the forests around the iconic forests of north east Tasmania and Blue Derby, where the Gondwana native forests are being logged for - on average - 80% woodchip. In the 8 years we've been active we've had unprecedented success in having (not including Krushka's forests) over 20 areas of forest taken off the logging plans. As well as the first ever court ordered injunction to stop logging - all the way back in 2022 - in Krushka's forests, which is the testing ground for this case.
The decision handed down on Friday is especially interesting as it removes the standing of a community group like Blue Derby Wild that is made up of local business owners, residents, scientists and others from having any ability to challenge the logging of our publicly owned forests - this is significant.The Hobart Mercury newspaper reported this part of the decision well in stating 'But the judges said that under the Forest Management Act, Blue Derby Wild could not be classified as a “person aggrieved” or as having a special “interest” that would entitle it to take part in contesting the plans – other than being a group that supports “the broad cause of environmental protection and the prevention of logging”.
Our magnificent legal team are working hard this weekend to get our High Court application finalised, and our application for urgent injunctive relief to stop any logging or burning from happening in Krushka's forests to present to the court on Monday April 15.
This case is the most consequential legal challenge to how logging is undertaken in Tasmania, and we need your support.There are numerous ways you can do this. Needless to say donating to our legal fighting fund is one of the most impactful things you can do to support the case. We also need as many people as possible taking action and writing to Tasmanian newspapers and Tasmanian members of Parliament to make it clear that government logging agency Sustainable Timber Tasmania need to be held to account.
I will post an update after our Monday, April 15 court appearance where we will better understand our next steps for both the court ordered injunction to stop any logging or burning of Krushka's forests, and our BIG step of taking the whole system of logging native forests in Tasmania up to the High Court of Australia.
As a small volunteer run community group, this is a step that has considerable impacts on all involved. However, it is worth it ,as for decades our irreplaceable native forests have been destroyed by a government sanctioned system that we claim is biased. Wish us luck!
For the forests
Louise
Campaign Coordinator, Blue Derby Wild