The zombie logging permit case
The case protecting endangered wildlife habitat logged with a 48-year-old permit.
In June 2025, EJA lawyers filed a legal challenge in the Victorian Civil and Administrative Tribunal (VCAT) on behalf of Wildlife of the Central Highlands (WOTCH), a grassroots community group, about native forest logging under a council permit issued nearly 50 years ago.
The case challenges the Yarra Ranges Council’s decision to approve logging at high conservation value forest on private land near Warburton under a one-sentence permit from 1977 – with no expiry date, and no public notice or opportunity for public oversight.
WOTCH is taking this case to court to ensure Victoria’s biodiversity laws are properly applied, even on private land.
Why is this case necessary?
The Victorian government officially ended native forest logging on public land in January 2024 – a landmark decision years in the making.
But some forests are still falling through the cracks.
Near the town of Three Bridges, just 75 kilometres east of Naarm/Melbourne, a Victorian logging company has been logging native forest using a decades-old permit issued by the local council.
The site borders state forest and provides habitat for critically endangered Leadbeater’s possums and endangered greater gliders – species that don’t recognise land boundaries.
Unlike public logging coupes, this approval wasn’t advertised or reviewed against today’s environmental standards. It bypassed public consultation and modern planning safeguards, all because of a permit issued nearly half a century ago.
This case raises serious questions about accountability and fairness. It’s about ensuring Victoria’s forest protections apply consistently – regardless of whether land is public or private.
What is this case about?
The case, filed in the Victorian Civil and Administrative Tribunal (VCAT), challenges Yarra Ranges Council’s approval of a logging plan in Three Bridges, near Warburton. WOTCH, represented by Environmental Justice Australia, argues the council failed to meet its legal obligation to properly consider threatened species, as required under s 4B of the Flora and Fauna Guarantee Act 1988 (Vic).
Specifically, WOTCH argues the council did not consider:
- The Action Statements that outline what must be done to protect species like the Leadbeater’s possum and greater glider.
- The objectives of Victoria’s biodiversity laws, which were strengthened in recent years to address threats to threatened species.
Why does this matter?
Every patch of habitat matters to the survival of endangered wildlife.
But this case is also about more than just one site.
It’s about the integrity of forest protections in Victoria – and whether decades-old zombie permits can be used to quietly undermine important environmental laws.
The site in question is high-conservation-value native forest with towering mountain ash and messmate trees. It was previously identified as a potential offset site because of its habitat value and connectivity to surrounding protected forest. And now it is being logged without any of the restrictions that would have protected public forests during logging.
Citizen scientists from WOTCH have recorded endangered greater gliders and critically endangered Leadbeater’s possums just outside the logging zone – and believe there is a strong likelihood these species also inhabit the site.
Most landholders today need approval just to remove a single tree. Yet here, a company is using a one-line permit from last century to bulldoze endangered wildlife habitat with no oversight.
Meet the client
Wildlife of the Central Highlands (WOTCH) is a grassroots, volunteer-run organisation based in the Central Highlands of Victoria. Using citizen science, including thermal cameras and spotlight surveys, WOTCH documents the presence of threatened wildlife to protect forests from logging.
In recent years, WOTCH has played a key role in exposing illegal logging and securing landmark legal victories to defend some of Victoria’s most important ecosystems.
What outcome is WOTCH seeking?
This case could help expose a dangerous loophole in Victoria’s forest laws and ensure that historic permits can’t be used to bypass modern environmental protections.
If successful, the case could:
- Prevent further logging in critical habitat under the 1977 permit
- Reinforce that local councils must apply biodiversity protections, even on private land
- Set a precedent to ensure historical permits are subject to modern environmental scrutiny
- Help protect critical habitat for some of Victoria’s most iconic and endangered species
The big picture
The Victorian government has committed more than $1.5 billion to end native forest logging and support the industry’s transition. But without action to close loopholes, there are concerns companies are simply shifting broadscale operations to private land.
Other councils have already raised the alarm. East Gippsland Shire recently called for clarity on whether old permits should still be valid – highlighting the “policy void” and a growing concern across regional Victoria.
This case shines a spotlight on those concerns. It’s about fairness, transparency, and protecting forests that were meant to be safe.
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