Warburton Environment v VicForests (No 5) and Environment East Gippsland Inc v VicForests (No 4) - Application of environmental protections and the precautionary principle in Victoria's native forests

摘要

These decisions contribute to the growing body of case law on the much-debated precautionary principle and form part of the environmental movement's challenging of the State's native timber industry, raising key questions in relation to its viability and legitimacy. Both cases were brought by environment groups that undertake surveys for native species in Victorian forests. At trial, the plaintiffs produced and called evidence of the presence of threatened species and VicForests' conduct, including evidence from witnesses who conducted species surveys and ecology experts. In both proceedings, the plaintiffs were successful in seeking injunctions against VicForests to prevent future damage to endangered species and environmental degradation.