Planned burns not exempt from federal environment law

The case we brought to the Federal Court made several claims. At the center of the case were four planned burns in high quality Southern Greater Glider habitat, where we had previously detected high densities of this nationally endangered gliding possum.

We are certainly disappointed that the court is allowing these four burns to proceed in their current form, without any modification. Despite all the scientific evidence presented in court about the damage the burns could do the government, through Forest Fire Management Victoria, has been given the green light to proceed.

We believe that this threatens one of the healthiest populations of the nationally endangered Southern Greater Glider and will further degrade the outstanding values of the Strathbogie Forest.

But that’s not the whole story. One issue that our case tested was whether planned burns for fuel reduction should be answerable to federal environment law – something the Victorian Government has steadfastly and actively denied for decades.

Significantly, that claim was successful. We are heartened by Justice Horan’s ruling that planned burns are not exempt from the requirements of the Environment Protection and Biodiversity Conservation (EPBC) Act. We take this as a significant win for the environment and ample justification for running the case.

This decision now makes it clear that the State of Victoria and other jurisdictions have to meet a higher bar of environmental standard before they can burn. For example, if a planned burn will have, or is likely to have a significant impact on an EPBC listed species or habitat, that burn should be referred to the Federal Environment Department.

We are still considering the details of the ruling and anticipate that we may appeal parts of it. We will have more to say about a possible appeal in the coming days.

Media Enquiries: Mr. Bertram Lobert, President Save Our Strathbogie Forest Inc.

0409 433 276,  bertram.lobert@activ8.net.au

Decision on the FCA website

Strathbogie Forest supporters outside the Federal Court of Australia, Melbourne

Official court result MR, below.

Court-result-media-release_5-april-2024Download

MEDIA ALERT – Save Our Strathbogie Forest Inc.

Protecting the Southern Greater Glider from planned burns in the Strathbogie Forest

JUDGMENT DELIVERY – VID432/2023 – Save Our Strathbogie Forest Inc v Secretary to the Department of Energy, Environment and Climate Action and Attorney-General for the State of Victoria

The Federal Court of Australia has advised that judgement will be handed down by Justice Horan in open court:

– 11 am

– Tuesday 2^nd April, 2024

– Court One (Level 8), Federal Court of Australia, 305 William St, Melbourne

The hearing will also be live streamed – https://www.youtube.com/user/FederalCourtAus

Enquiries:

Mr. Bertram Lobert, President Save Our Strathbogie Forest Inc.

0409 433 276

bertram.lobert@activ8.net.au

Southern Greater Glider, planned burns in the Federal Court

The court case brought by Save Our Strathbogie Forest to stop four planned burns in Southern Greater Glider (Petauroides volans) habitat in the Strathbogie Forest is nearing conclusion. The two-week hearing has ended, with a decision from Justice Horan expected ‘soon’.

Over the course of the hearing and case preparation, we have developed such respect and admiration for our legal team. Vanessa, our solicitor and Angel, our barrister (pictured, and others), pursued every angle of the argument, that planned burns in the four proposed areas would likely have a significant impact on the Southern Greater Glider and its habitat. They actually became the content experts in the case(!), which shone through and made all the difference.

The vibe from the gallery was that we won the argument, on the evidence, however, that’s not to say we will win the case, although we are hopeful.

From start to finish, it was a roller-coaster. Using the analogy of a five set tennis match (the hearing was held over ten days), there were multiple breaks of serve throughout and a couple of sets went to tie breaks. The ump was definitely imposed himself on the match and both sides challenged close-calls. SOSF used some drop-shots and top-spin lobs to catch the opposition flat-footed and out of court position.

Mercifully, we’ve been told we can expect a decision in the next week or two. That probably won’t involve any court time, we’ll just get the result. Following the result, regardless of who wins or loses, the decision may be appealed.

During the early parts of the trial, I was isolating at home with COVID and watching the live stream. I did manage to get to the two final days of sitting which showed me how different the two experiences are. The audio online was superior, but the view was dictated by the cameras. The court room itself has poor acoustics, but that’s counterbalanced by being able to see all the goings-on. I must say it was an overall absorbing event and one hard to convey to others in words. I’m particularly grateful to several committee members and supporters that populated the public gallery in the Court room throughout the case. It demonstrated that our case has strong community support.

At the end of proceedings, we gathered for a brief celebratory drink across the road from the court. The decision may still be in the balance, but challenging these burns and bringing this important issue to broader public and legal attention is already a win!

Photo – our team, Vanessa and Angel, being celebrated and enjoying refreshments at the end of the hearing.
 

Allan government in court over Planned Burns in Strathbogie Forest

Community group Save Our Strathbogie Forest has launched a legal challenge against the State of Victoria to halt several planned burns in the Strathbogie Forest, pending a review of these burns under Australian Government law, the Environment Protection and Biodiversity Conservation (EPBC) Act.

There is a considerable and growing body of evidence that shows the serious and negative impact planned burning (aka fuel reduction burning) can have on forest ecosystems.

One of the more immediate and consequential impacts of planned burning is the loss of hollow-bearing trees (and their hollows) for those fauna species that rely on hollows either seasonally, for breeding, or daily, for shelter. Australia has amongst the largest number of hollow-dependent fauna, over 300 species, of any country.

One of the few ancient Victorian Blue Gums in this part of the forest, destroyed by a planned burn, Strathbogie Forest (Image: Bertram Lobert).

The Strathbogie Forest is a recognized stronghold for the Southern Greater Glider (Petauroides volans), a species that relies on hollows in large, old trees and is protected under state and national environment laws.

Between 2016 and 2019, citizen science surveys and government research detected high densities of the Southern Greater Glider across large parts of this 24,000 ha forest, among the highest densities recorded for this species anywhere in southern Australia.

In the 2023-24 fire season, the Victorian government has plans to burn several thousand hectares of forest habitat as part of their annual planned burning program. Much of the forest slated for burning is known to support populations of the Southern Greater Glider. The Save Our Strathbogie Forest community group believes these burns will 1) significantly degrade Southern Greater Glider habitat by killing and burning many of the hollow-bearing trees the species needs to survive and 2) directly kill many hundreds of the gliders.

The Strathbogie Forest is a stronghold of the nationally endangered Southern Greater Glider (Image: Lance Williams)

We have enlisted the assistance of Bleyer Lawyers to challenge the legitimacy of these burns in the Federal Court.

Our case claims that the planned burning in the Strathbogie State Forest constitutes an action that:

• will have a significant impact on; or
• is likely to have a significant impact on the Southern Greater Glider;
• in that fire:
• leads to a long-term decrease in the size of an important population of Southern Greater Glider;
• reduces the area of occupancy of an important population of Southern Greater Glider;
• adversely affects habitat critical to the survival of the Southern Greater Glider.

Hence, we are seeking an injunction pursuant to s 475(2) of the EPBC Act restraining the respondent from undertaking or authorising the planned burns in the four identified burn areas in the Strathbogie State Forest.

Should our legal challenge be successful, the Victorian Department of Energy, Environment and Climate Action should be required to refer future planned burns in the Strathbogie Forest to the Federal Environment Department. That Federal Department should then decide how or if planned burns should proceed given the significant impact of them on the Southern Greater Glider habitat in the Strathbogie Forest.

Bertram Lobert

President, Save Our Strathbogie Forest

• Applicant Statement of Claim
• Respondent Defense
• Court Order 19.10.2023
• Notice of a constitutional matter

The hearing will commence at 10am on Monday January 29th in the Federal Court of Australia, Owen Dixon Commonwealth Law Courts Building, 305 William Street, Melbourne.

For the Forest – art at the Lowie

The beautiful Lomond Hotel in Nicholson St., Brunswick East (aka ‘The Lowie’), is hosting our absolutely spectacular exhibition of forest-inspired art. Bush Gatherings has curated more than 30 works for display and sale in this exhibition of artists, who all have links to the Strathbogie Forest, north-east Victoria.

Opening night for this unique and inspired exhibition of works is Thursday 11th January, 2024, from 5.30 pm. All proceeds from the sale of works will help fund our legal action to protect the Southern Greater Glider and it’s Strathbogie Forest home from planned burns.

Catalogue of art works will be available on the night (sneak preview here).

Works can be purchased at the ‘buy now’ price, or by bidding (silent auction). Bids and sales will be finalized on 28th January. Inquiries, bids and sales – contact 0417 166 824 or 0432 599 044.

Or, to make a one-off, tax deductible donation, visit our Chuffed fundraising page.

art-sale-catalogue-26th-january-no-reservesDownload

SOSF Art Auction – It’s On!

Buy or bid for forest art at the Save Our Strathbogie Forest online art sale. Purchase some amazing and affordable art and help raise money for our legal case.

Visit the SOSF Facebook page to get involved on-line, better still, view the works in person at the Lomond Hotel, Nicholson St, Brunswick East, from the 11th to 28th January, 2024 (and have a celebratory drink while you’re there!). Some works can be viewed in Violet Town, by appointment (contact 0417 166 824 or 0432 599 044).

art-sale-catalogue-26th-january-no-reservesDownload

You can either purchase a work immediately at the buy now price, bid the reserve price, or you can bid what you would like to pay. New art works are being added all the time.

Works will be exhibited in Melbourne at the official launch, 11th January 2024. Catalogue available at the launch.

Here’s a taste…

Amy Cohen: no title, jelly print

Daniel Prentice: Mt Hotham, photograph 50 x 70 cm

Horst Somma: Sea, acrylic on board

Serana Hunt Hughes: Metamorphosis, Digital Giclee Print, 16 x 20 cm

Nancy Gaymala Yunupingu: Wan’kurra, original etching on paper

Annette Walton: For the forest, Giclee Print

Jen Wilson: Koala, acrylic on canvas

Sim Ayres: Forest Trees, framed print of original art, printed on high quality archival paper



LOTs are in trouble

The impact of planned burns on Large Old Trees, LOTs, is a major cause of their decline and the decline of fauna that depend on these trees for survival.

LOTs are the immediate and visible victims of planned burns – both during preparation for the burns and from the burns themselves. This matters, as LOTs are critical components, keystone structures, in all our native forests. In the Strathbogie Forest they provide the vast majority of tree hollows for the Southern Greater Glider, the endangered species at the center of our legal challenge.

The Southern Greater Glider faces significant future threats, but primary among all threats that we have any direct control over, is the presence and availability of LOTs. So, let’s have a closer look.

An ancient Blue Gum (diameter at breast height 1.5 m), a known den tree for the Southern Greater Glider, with multiple large hollows and a hollow center pipe – highly vulnerable to any fire.

LOTs come in all shapes and sizes and in the Strathbogie Forest are almost exclusively eucalyptus trees. Eucalyptus are an incredibly diverse group of plants and define the landscape across much of the Australian continent.

One of their defining and ecologically most influential characteristics, is their propensity to develop hollows in still-living trees. Is it a coincidence that eucalyptus trees form hollows and Greater Gliders (and many other species) need and use these hollows? Hardly! We are witness to a multi million-year relationship where plants and animals have adapted to each other and their changing environment, to evolve the wondrous beauty of nature – that’s why people care!

Forest Shop in Euroa

A pop-up Forest Shop has opened in Binney Street, Euroa!

Our community of forest supporters continues to surprise, delight and empower with action and generosity. Sheila Inc Gallery in Binney Street is hosting this pop-up, an eclectic and gorgeous collection of forest and nature inspired art, plants, books and knickknacks. All in support of raising funds for our court challenge.

Items range from dog-eared and pre-loved favourites, to serious and exceptional artworks by noted and talented local artists. Some artwork will also be available in the online art auction – coming soon.

Shop for Christmas, shop for pleasure, or shop for solidarity – it’s all for a great cause!

Or simply give the gift of a tax-deductible donation to protect the Southern Greater Glider.

Southern Greater Glider in Mountain Gum (Eucalyptus dalrympleana), Strathbogie Forest. Image Helen Repacholi. And its forest home (below).

Donate : Participate

To support the Strathbogie Forest and it’s endangered Southern Greater Gliders, you can donate and participate! Join the hundreds supporting this legal challenge. Just click on an image to make it happen.

We’re off to the Federal Court

We have launched a legal challenge to have several burns in the Strathbogie Forest referred to the federal environment department, under the Environment Protection and Biodiversity Conservation Act. These burns threaten the Greater Gliders that live in that part of the forest. Our goal is to reduce this threat and, if the case is successful, also reduce or stop similar burns in areas critical to the survival of the Greater Glider in other parts of Victoria and Australia.

To support this important case, please make a tax deductible donation directly to Chuffed via the QR code, or visit – https://chuffed.org/project/strathbogieforest-legal-action

File Number: VID432/2023
File Title: SAVE OUR STRATHBOGIE FOREST INC v SECRETARY TO THE
DEPARTMENT OF ENERGY, ENVIRONMENT AND CLIMATE ACTION
Registry: VICTORIA REGISTRY – FEDERAL COURT OF AUSTRALIA

The case is set to begin on January 29, 2024 and will be heard by Justice Anderson.

• Applicant Statement of Claim
• Respondent Defense
• Court Order 19.10.2023
• Notice of a constitutional matter

Strathbogie Forest supporters at recent picnic at The Messmates