4 days ago
Logging company using 'zombie' permit from 1977 to log endangered possum habitat
A Victorian timber company is using what has been dubbed a "zombie" license from 1977 to log critically endangered mountain ash forest, including the habitat of the Leadbeater's possum, which was once thought extinct.
Conservationists said the activation of such an old licence was a loophole allowing the loggers to avoid the application of more recent laws designed to protect endangered plants and animals, and which require consultation with the public prior to logging.
In 1977, the landholder received a permit to log a forest on their private land near Warburton, two hours outside of Melbourne.
That pre-dates the international listing of mountain ash forest as critically endangered — an ecosystem scientists say is now collapsing — and the rediscovery of the Leadbeater's possum, thought to be extinct at that time.
Timber company Fennings Investments Pty Ltd, purchased the property in 2022 and successfully applied for a permit from Yarra Ranges Council to activate the 1977 license, and selectively log 16 hectares of forest.
The council approved the application, leaving environmentalists and some scientists furious.
Environment group Wildlife of the Central Highlands (WOTCH) has sought to have the permit revoked at the Victorian Civil and Administration Tribunal (VCAT), arguing the council failed to consider the state's threatened species laws.
"Since that time [1977], all sorts of things have changed. The conservation status of Leadbeater's possums has changed. The [federal environment] Act didn't even exist in 1977," said WOTCH volunteer Steve Meacher.
Critically endangered Leadbeater's possums have been observed on the perimeter of the property and in the state forest that neighbours the property.
While 16 hectares is a relatively small area, scientists told the ABC this was "death by a thousand cuts".
"Elvis Presley was still alive back then," said Australia National University (ANU) forest ecologist Chris Taylor.
"The world's a very different place now and ecological and environmental knowledge has come in leaps and bounds."
The 1977 permit is one sentence long and has no expiration date or conditions, but was accepted by Yarra Ranges Council to allow the logging of native forest on private land owned by Fennings.
WOTCH, represented by lawyers from Environmental Justice Australia (EJA), argue Yarra Ranges Council ignored the Victorian Flora and Fauna Guarantee Act, which requires councils to consider the impact of developments on threatened species.
"It's really important to properly consider those documents when public authorities are performing these functions and making these decisions, because they essentially are the recovery roadmaps for threatened species in Victoria," said EJA lawyer Natalie Hogan.
When a planning permit is submitted to Yarra Ranges Council, the application for that permit is advertised on the council's website.
In this case, because the application was relying on a decades-old permit, it was not advertised, which EJA believes risks undermining public trust.
EJA hoped the court case would close that loophole.
In a statement to the ABC, Yarra Ranges Council said it had sought specialist advice from the Victorian government on the state's Flora and Fauna Guarantee Act and said it "applies the strictest biodiversity safeguards available to the property".
After decades of controversy around Victoria's native logging industry, the commercial logging of public state forests was banned from January 1, 2024.
Since then, local councils have received several applications to log on private land, prompting concerns councils are not equipped to adequately assess these applications.
"They don't have the deep expertise in terms of forest ecology and management, or the ability to assess particular areas for their conservation value," said Professor David Lindenmayer from the ANU.
Yarra Ranges Council said it employed qualified environmental officers and regularly consulted with state agencies, researchers and independent experts as needed.
WOTCH has filmed a Leadbeater's possum on the perimeter of the property and the possums have been recorded in the state forest that neighbours it.
Leadbeater's possums are the faunal emblem of Victoria and call the state's mountain ash forests home.
Professor Lindenmayer said the logging of 16 hectares of mountain ash forest on this property could fragment Leadbeater's possum populations.
"We can often see 'death by a thousand cuts' where you lose a little piece one year and then another piece for another year and another piece a year after that… you have severe cumulative or incremental impacts."
According to Fennings website, its timber has been certified by the Programme for the Endorsement of Forest Certification (PEFC).
PEFC has been heavily criticised by conservation groups and scientists for its proximity to industry.
"Areas of high conservation value have been awarded certification [by PEFC], but we know that those areas of high conservation value are being logged," Professor Lindenmayer said.
Landholders have a responsibility to the community to protect the species on their land, Dr Taylor said.
"If you live in suburban Melbourne, your neighbour can't build a ten storey apartment block next door to you because that has an impact on broader public interest. And that's how we've got to see species protection."
Upon learning of Leadbeater's possums sightings on the property, Yarra Ranges Council said it notified the landowner and has "recommended" further ecological surveys and "encouraged" additional habitat protections to be applied.
Fennings has been approached for comment.
