Historic Brown Mountain court battle begins

The battle to protect Brown Mountain's ancient forests has begun in the Sale Supreme Court this week, with the opening of the Environment East Gippsland vs VicForests court case.

Last year, Environment East Gippsland was successful in gaining a Supreme Court injunction against VicForests' planned logging in old-growth forests at Brown Mountain, in far East Gippsland. The case is now being heard in the Supreme Court in Sale.

One of the giant trees under threat at Brown Mountain, East Gippsland. Photo: John Renowden

The case began with almost three days of lengthy openings from both side's legal teams.  Justice Robert Osborn has also been taken on a tour of previously logged old-growth forests at the Brown Mountain site.

EEG's lead barrister, Debbie Mortimer SC, diligently took the judge through the complicated legal and statutory framework that underpins native forest logging in Victoria. She emphasised that this case was about the real protection of our beautiful native species, not just a desktop application of protection measures.

Ms Mortimer listed nine native species impacted by VicForests' logging - the Sooty Owl, Powerful Owl, Orbost Spiny Crayfish,  Long-footed Potoroo, Spot-tailed Quoll, Giant Burrowing Frog, Large Brown Tree Frog, Greater Glider, Yellow Bellied Glider and the Square-tailed Kite. Ms Mortimer contended that logging at Brown Mountain was incompatible with a suite of legislation that was designed to protect endangered species in Victoria.

Media interest in the case has been strong with The Age's court reporter reporting on EEG's opening and VicForests' response.

The Wilderness Society has been supporting EEG's case, and has for many years been fighting for the protection of Brown Mountain and a range of other old-growth forest areas in East Gippsland.

Over the coming weeks, the court will hear evidence from both sides prior to a judgement being reached. In the mean time, evidence will be hotly contested by both legal teams.

To keep updated with regular court comments, visit EEG's twitter site.

How you can help

• EEG will need all the help it can get.  Visit EEG's website to find out how you can volunteer to help the case.  Anything from court attendance in Sale, to assisting with meals will be much appreciated

• Email or call Premier Brumby's office on 9651 5111 and ask that he protect Brown Mountain's ancient forests.

• Email or call Environment Minister Gavin Jennings office on 9096 8830 and ask him to do the same.