Breaking news: The High Court of Australia has today upheld an historic ruling that conservation groups can bring legal action to enforce forestry laws in NSW. [1]

NSW Forestry Corporation had asserted for more than 20 years that the community could not challenge its public native forestry operations.  

However, a case brought by EDO on behalf of its client, the North East Forest Alliance, in the NSW Land and Environment Court in 2023 overturned that convention. 

Building on that precedent, in 2024, South East Forest Rescue (SEFR) launched proceedings in the Land and Environment Court that alleged NSW Forestry Corporation had failed to comply with logging laws and/or to properly protect endangered gliders, including the Greater Glider, during native forest logging operations in NSW. 

SEFR’s application was initially dismissed by the Land and Environment Court but upheld by the Court of Appeal. NSW Forestry Corporation applied to the High Court to overturn the Appeal Court’s ruling but lost. Following today’s win in the High Court, the case will now return to the Land and Environment Court later this year. 

Today’s judgment is a significant milestone on the decades-long struggle by conservation groups to make NSW Forestry Corporation comply with environmental laws that are essential for the protection of our threatened forest wildlife. 

SEFR was represented by Blair Arthur & Associates in the High Court proceedings.  

REFERENCES 

  1. High Court Judgment: Forestry Corporation of New South Wales v South East Forest Rescue Incorporated [2025] HCA 15   
  1. Hope for NSW forests: Court decision upholds community’s right to challenge native forest logging, EDO blog, 29-02-24Â