A volunteer conservation group today won a David and Goliath legal battle against the NSW government’s native forest logging operation.

The court victory has established a precedent that could be huge in the fight to save greater gliders and other threatened species from logging destruction of their habitat.

South East Forest Rescue (SEFR) won their appeal of the Land and Environment Court’s decision that SEFR could not bring matters to court because they did not have a “special interest” in the subject matter. 

The unanimous decision of the Supreme Court of NSW Court of Appeal found that SEFR has a sufficient special interest in circumstances where it had an approximate 20 year history of taking active steps and concrete action in relation to its beliefs and concerns, namely a deep concern regarding logging and its effects on the welfare of forest-dependent threatened species, including the Greater Glider.

 “This decision is an important step forward in removing roadblocks to public interest litigation in NSW by environmental organisations,” said Ms Natalija Nikolic, lawyer for SEFR. “There is now no doubt that environmental organisations have the right to challenge Forestry Corporation’s breaches of the law. It is a historic and momentous decision.”

 SEFR’s position is that the Forestry Corporation is not performing adequate surveys for den trees, and therefore necessary exclusion zones around den trees are not being implemented. SEFR say the impacts of logging on glider habitat are all the more critical for consideration in the wake of the 2019/20 fires. 

“This case is so important,” Mr Daines, spokesperson for SEFR said. “The Forestry Corporation have produced real harm to environment and ecosystems and for so long they thought they were untouchable, well they’re not a law unto themselves.”

The case has been sent back to be heard in the Land and Environment Court.