A lack of procedural fairness and a shifting of regulatory definitions were behind a Supreme Court decision that halted native logging in parts of Victoria, a court has been told.
VicForests is appealing a 2022 ruling that the company failed to adequately survey and protect the endangered greater glider and yellow-bellied gliders in its operations.
The state-owned company has since halted native timber harvesting in East Gippsland and the Central Highlands while it develops new survey techniques to comply with the court orders.
Senior Counsel for VicForests Rachel Doyle argued the terms of the initial trial launched by environmental group Environment East Gippsland had shifted during proceedings and the decision lacked fairness.
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"It drifted miles away from that quite traditional analysis to bring an inquiry into the most appropriate or most proportionate approach to conservation of gliders," she told the court.
Ms Doyle also argued the goalposts had been shifted on endangered glider exclusion zones from centering on habitats to taking a radius 240m from any glider sighted.
"The trial would have been different or could have been different, had VicForests been on notice at first instance of the approach that Your Honour intended to take," she said.
Environment East Gippsland lawyer Jonathan Korman argued the matters in the previous trial were clearly established and therefore VicForests was given a fair opportunity to defend its actions.
"The applicant (VicForests) had every opportunity to meet that case," Mr Korman told the court.
"That was the case that was argued at trial. That was the case that Her Honour found in favour of the respondents and there is no challenge to those findings."
The matter continues on Friday.
Australian Associated Press
