The Federal Court ruled that the burns are unlikely to have a significant impact on the number of southern greater gliders in the area.
Justice Horan said the areas affected by the burn would constitute a relatively minor proportion of the planned burn areas, and an even smaller proportion of the Strathbogie State Forest as a whole.
A community group is considering whether to appeal the decision.
Save Our Strathbogie Forest president Bertram Lobert expressed the group’s disappointment at the decision handed down by the Federal Court on Tuesday, April 2.
The group believes the four planned burns threaten one of the healthiest populations of the nationally endangered southern greater glider and will further degrade the outstanding values of the Strathbogie forest.
“We are dismayed that despite all the scientific evidence presented in court about the impacts of these planned burns on the southern greater glider and its habitat, the government has been given the green light to proceed,” Mr Lobert said.
“This case highlights the failings of the existing laws to help protect nationally threatened species and we urge the Federal Government to clarify and strengthen the law as part of its current review of environment law.”
The group was heartened, however, by Justice Horan’s ruling that planned burns are not exempt from the requirements of federal environment laws.
“We take this as a significant win for the environment,” Mr Lobert said.
“It’s now clear that planned burns are subject to the requirements of the Environment Protection and Biodiversity Conservation Act, contrary to the state’s claim.
“This decision now makes it clear that the State of Victoria and other jurisdictions have to meet a higher bar of environmental standard before they can burn”.
Mr Lobert said they were discussing options with their legal team and they believed there may be grounds for appealing the decision to not grant an injunction to stop the four planned burns.
“There is an existential crisis facing nature, here in Victoria and all around the globe, and whilst we can do little about what’s happening on other continents, our group is determined to fight for the Strathbogie forest as a refuge for the southern greater glider, for the raft of animals plants and fungi that depend on the forests and for the people of Victoria.”
A Department of Energy, Environment and Climate Action spokesperson said the department welcomed the court's decision.
"We will now take the necessary time to consider the findings in full, however we are pleased that we can move forward with delivering these critical planned burns in the Strathbogie State Forest this autumn," the spokesperson said.
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