If this is possible, environmental protection gets the benefit of doubt.
There are currently two codes of practice for timber harvesting in Victoria’s state forests. These codes include an obligation to adhere to the precautionary principle.
According to the Victorian Government, the amended legislation does nothing to change existing rules or environmental standards or give the minister any new power to modify the code of practice.
The legislation is a way for the Department of Environment, Land, Water and Planning, to provide detailed guidance to the wood industry on how to comply to the precautionary rule, which is an already required requirement, according to a spokesperson.
The rules for timber harvesting combine a combination of very specific and precise requirements and broad principles. These are currently open to interpretation by the courts.
Brendan Sydes, an environmental attorney and honorary senior fellow at University of Melbourne Law School, stated that the amendments would allow for the government to amend the rules VicForests had to follow, as well as deciding if the agency had followed the rules.
He said that he was concerned that VicForests might not be subject to third-party scrutiny from community and environment groups to determine if it is complying with logging laws.
VicForests is currently in eight court cases together with community groups over allegations regarding illegal logging. It is possible that some of these court cases will be stopped if the government amendments are passed.
In a landmark ruling in 2020, the Federal Court ruled in favour of Friends of Leadbeaters Possum. The court ruled VicForests’ logging in areas of habitat essential for critically endangered Possums had violated federal law.
Although the appeal was overturned, the court upheld the original judgment that the logging agency had violated Victorian environment laws.
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VicForests spokeswoman was unable comment on the eight cases before the courts.
VicForests supports legislative change and the current process of clarifying the Code of Practice for Timber Production. Once finalised, VicForests will continue to operate as before.
Ellen Sandell, Victorian Greens deputy leader said that Labor government was prioritizing logging profits over threatened species.
VicForests was repeatedly taken to court for illegally logging. However, the Victorian Labor government is changing the law so they can continue to log more, Ms Sandell said.
VicForests lost $4.7 million last year despite receiving an $18 million grant from the government. This was due to unprecedented court challenges from community environmental groups and the destruction timber in the Black Summer bushfires of 2019-2020.
The Victorian Government has stated that it is committed in delivering the Victorian Forestry Plan. This includes ending native timber harvesting by 2030 and a reduction of 2024.
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