High Court rejects Tasmanian endangered species appeal (Tas)

Article source : EDO Queensland Bulletin http://www.edo.org.au/edoqld/


Photo from Wikipedia Images by Fir2000


On 23 May 2008, the High Court, in a 2–1 split judgement, decided against an appeal by Greens Leader Bob Brown of the full Federal Court’s decision which overruled Justice Marshall’s 2006 ban on logging in Tasmania’s Wielangta Forest.

Justice Marshall found that the Swift Parrot, Wielangta Stag Beetle and giant Tasmanian Wedge-tailed eagle (all nationally-listed endangered species) were all at risk due to a loss of habitat from logging under Forestry Tasmania’s management.

Two months after Justice Marshall’s ban on logging in the area, then Prime Minister Howard and then Premier Lennon altered the Regional Forest Agreement to agree that, despite the court, it did protect these species. The High Court effectively ruled that this alteration, which has no parliamentary approval, overrode Justice Marshall’s judgement. This decision places Tasmania’s endangered species at an increased risk of extinction. The Court, citing public interest, did not award costs against Senator Brown.

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