In a landmark decision on May 16, 2024, the Court of Appeal has granted South East Forest Rescue (SEFR) the right to continue its prosecution against the NSW Forestry Corporation for alleged breaches of environmental protection laws.
This decision overturns a previous ruling by the Land and Environment Court (LEC) which stated that SEFR did not have the standing to bring the case forward.
The Court of Appeal’s decision was based on evidence that SEFR is a suitable entity to litigate offenses committed by the NSW Forestry Corporation. This ruling is a significant victory for environmental activists who have long sought greater accountability from forestry operations.
Court Grants South East Forest Rescue Right to Sue NSW Forestry Corporation for Environmental Violations
Sue Higginson, Greens MP and spokesperson for the environment, commented on the decision: “The anti-democratic limitations to standing were introduced by a previous Labor Government and were designed to prevent the community from accessing the courts to enforce and uphold our environmental protection laws against the NSW Forestry Corporation.”
Higginson highlighted the challenges faced by local communities and conservationists, who have had to rely on the Environment Protection Authority (EPA) as the sole enforcer of laws against the Forestry Corporation.
She pointed out that the EPA has been slow to respond and often reluctant to prosecute, leading to “unlawful harm, environmental degradation, a Forestry Corporation that acts with impunity, and communities having to put their lives on hold and their bodies on the line to protect our forests.”
She criticized the political and legal landscape surrounding native forest logging, noting that “just yesterday in Parliament, the Minister for the Environment claimed that she did not have powers to direct the EPA to prevent breaches of the law. This is simply not true.”
Higginson emphasized the importance of community involvement in environmental enforcement: “If the Government and its agencies are unwilling to pursue the people and corporations that break environmental protection law, then the community must be allowed to fill that gap and take the action that is necessary.”
With the Court of Appeal’s decision, SEFR is set to return to court with evidence that the Forestry Corporation has not upheld its obligations to protect the environment.
Higginson called on the NSW Government to remove “ridiculous and prohibitive sections of the law that seek to stop the community from upholding our environmental laws in the courts,” arguing that the community has repeatedly shown more commitment to environmental protection than the Government.
The court’s decision marks a significant step towards greater environmental accountability and empowers community groups to play a crucial role in upholding environmental laws.
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