High Court Ruling Opens Door for Environment Groups to Sue NSW Forestry Corporation
CANBERRA, April 9 — In a landmark judgment handed down today, the High Court of Australia has unanimously ruled that environmental organisations with a “special interest” can sue the NSW Forestry Corporation for illegal logging activities, significantly reshaping the legal landscape for forest protection in New South Wales.
The case stems from legal action initiated by South East Forest Rescue (SEFR), an environmental group that challenged logging operations in the state’s native forests. In 2024, SEFR sought an injunction in the NSW Land and Environment Court (LEC) to stop what it claimed were unlawful logging activities by the Forestry Corporation. The LEC agreed that environment groups can, in principle, sue the Forestry Corporation — but found SEFR did not meet the threshold of having a “special interest.”
SEFR appealed to the NSW Court of Appeal, which ruled in its favour, recognising the group’s long-standing involvement in forest monitoring and activism as sufficient grounds to bring a case. The Forestry Corporation then took the matter to the High Court in an attempt to overturn that decision and prevent similar legal challenges from environmental organisations.
In a decisive blow to the Forestry Corporation, the High Court dismissed the appeal, confirming that groups like SEFR do indeed have standing to initiate proceedings when they demonstrate a genuine and established interest in the matter.
A Turning Point for Forest Justice
The ruling has been hailed as a turning point in environmental law and a victory for community-based conservation efforts.
“This judgment confirms that organisations with a deep and ongoing commitment to environmental protection can hold government-owned entities accountable to the law,” said Scott Daines, spokesperson for SEFR.
SEFR says the appeal was an attempt to shield the Corporation from public scrutiny, and to avoid answering questions about whether its activities comply with environmental law.
“Forestry Corporation tried to shut down this case before it even began. That strategy has failed,” said Mr Daines. “Rather than engaging with the substance of our claims, Forestry Corporation has fought to deny our right to bring them to court. It is disappointing that taxpayer money was spent trying to avoid scrutiny rather than to address the environmental harm in question.”
“This judgment recognises the essential role that dedicated special interest litigants play in upholding the law,” Ms Natalija Nikolic, lawyer for SEFR, said. “It locks in the ability for environmental groups to take Forestry Corporation to court, especially when regulators fail to do so.”
Environment groups celebrate
Dailan Pugh from the Forest North East Alliance said: “We welcome this reaffirmation that community groups with a demonstrated interest can enforce NSWs’ logging rules. The Government and Forestry Corporation should welcome this scrutiny. As we found in our unsuccessful case in 2023 there remains a high bar to clear to prove that the Forestry Corporation has not complied with its limited legal obligations.”
Jacqui Mumford from the Nature Conservation Council NSW said: “Forestry Corporation is a serial law breaker that is costing taxpayers millions. Since 2020 FCNSW has been fined over $1.75m for breaches of logging and environment laws in NSW and there are 21 investigations underway for other potential breaches.
NSW Forestry Corporation’s repeated illegal logging activity shows that NSW Premier Chris Minns and Forestry Minister Tara Moriarty have failed to ensure FCNSW acts within the rules.
Where the NSW Government has failed to uphold NSW laws and protect threatened species, community groups are stepping in and the court has today upheld our right to do so”.
Justin Field, spokesperson for the Forest Alliance NSW said: “Communities have been forced to step in where the NSW Government has failed to protect threatened species and uphold the law. Today’s decision affirms their right to do so.
“This decision highlights the need to quickly progress the NSW Forestry Industry review currently underway and adds weight to the argument to end native forest logging and shift to a plantation-based timber industry in NSW.
We caution the NSW Labor Government against considering legislation or changes to logging rules to try to overturn the effect of today’s court decision. A responsible Government would act to uphold NSW laws and protect the environment, not sideline communities.
Stuart Blanch from World Wide Fund for Nature – Australia said: “WWF welcomes the decision. Community groups must be able to enforce the law to protect forests through the courts. Today’s ruling also shines a light on the failure of Commonwealth environmental laws to protect threatened species. Native forest logging is exempt from the national environment laws on the proviso that state rules provide these protections. NSW rules are clearly failing to protect threatened species, forcing community groups to have to step in. The federal exemption should be removed.”
Bob Debus, former Attorney General NSW, from Wilderness Australia said: “In my observation, the native forestry industry constantly breaches the harvesting rules contained within the Integrated Forestry Operations Approval (lFOA). The Environment Protection Authority apprehends them far less often. The adequate protection of our forests needs the involvement of the community, but that will only be disruptive if the industry continues to ignore the environmental protections required by the harvesting rules.”
Greens MP and Environment spokesperson, Sue Higginson, celebrated the decision, stating: “This is a huge win for South East Forest Rescue, the community at large, and especially for our precious native forests.”
“This is the end of a terribly dark era where communities were denied access to environmental justice. Now that’s all changed, and once again the community can hold the Forestry Corporation to account,” Ms Higginson MP said.
The judgment dismantles what critics described as a long-standing legal shield for the state-run logging agency, which until now could only be prosecuted by the NSW Environment Protection Authority (EPA) — an arrangement environmentalists have long accused of allowing harmful practices to go unchecked.
“This marks the end of the purported rule that only the Environment Protection Authority can prosecute the Forestry Corporation for their illegal logging,” the MP continued. “No longer will internal Government deals protect the Forestry Corporation from being prosecuted for their illegal actions,” Ms Higginson MP said.
Environmental Rule of Law Affirmed
The High Court’s decision affirms the importance of public interest litigation in enforcing environmental protections, particularly in an era of growing scrutiny over the sustainability and legality of native forest logging.
“The High Court has now rightly confirmed an open court door for public interest cases to be brought against the continued logging in our native forests. The High Court of Australia has confirmed that the environmental rule of law in NSW is alive and well,” Ms Higginson MP said.
“This judgement makes it clear that the Forestry Corporation and the EPA are not above that rule of law.”
Environmental groups have welcomed the ruling as a green light to challenge logging operations they believe contravene NSW logging codes and the agency’s operating conditions. Legal experts say the decision sets a precedent that may have ramifications across Australia, enabling communities and conservation organisations to play a more active role in holding state-run bodies accountable for environmental harm.
South East Forest Rescue is now expected to continue its original case against the Forestry Corporation in the Land and Environment Court, empowered by the High Court’s endorsement of its standing.
The Forestry Corporation has yet to issue a public response to the decision.
Background to the legal case
The historic decision of the High Court ends a protracted legal battle over standing that began in early 2024 when SEFR launched proceedings in the NSW Land and Environment Court which alleged that the Corporation had failed to comply with the logging laws and therefore, failed to properly protect endangered gliders, including the Greater Glider, during native forest logging operations in NSW.
Although the original judgment found that special interest groups had the ability to sue the Corporation, SEFR was not found to have the necessary “special interest” to bring the case.
SEFR then appealed, and the NSW Court of Appeal overturned the LEC decision recognising SEFR’s deep and longstanding involvement in protection of native forests. The Corporation then applied to the High Court and special leave was granted in September.
The Forestry Corporation tried to shut down this case before it even began. That strategy has failed. Forestry Corporation fought to deny our right to bring them to court rather than engaging with the substance of SEFRs claims.
It is disappointing that public money was spent trying to avoid scrutiny rather than to address the environmental harm in question. The case will now return to the Land and Environment Court later this year.
Big thanks goes to Natalija Nikolic, and barristers Jonathan Korman, Jeremy Farrell, Lauren Sims and Thomas Wood.
[…] High Court win for forest activists against Forestry Corp NSW […]
BIG WIN for Forest Activists! High Court today unanimously dismissed an appeal by the State-owned NSW Forestry Corporation, confirming that conservation groups can bring legal action to enforce compliance with the logging laws in native forests.
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