Earlier this week, environmentalists lost a legal challenge to a forestry agreement between the NSW and Commonwealth governments, which means logging operations can continue in an area that extends from Sydney to the Queensland border.

The upper North East section which includes the Northern Rivers starts south of Coffs Harbour to the Queensland border and west of Glen Innes and Tenterfield.

The North East Regional Forestry Agreement was originally signed in 2000 and renewed in 2018 when they were extended until 2039.

The North East Forest Alliance (NEFA) has long been an advocate of stopping timber harvesting in native forests. They asked the Federal Court to declare that the renewed agreement did not meet the definition of such agreements under relevant laws.

On behalf of the alliance, the Environmental Defenders Office (EDO) argued the Commonwealth was required to assess environmental values and principles of ecologically sustainable management when it was renewed, but failed to do so.

These included impacts on endangered species, climate change and old growth forests.

Federal Court Justice Melissa Perry said the decision is a political one, not a legal decision.

The decision was welcomed by the federal government and the Australian Workers Union but dissappointed by the Nature Conservation Council of NSW.

Minister Murray Watt said, "We welcome that decision by the court . We opposed that legal action so of course, we welcome that decision. But our Government, the Albanese Government, has always said that we support a sustainable forestry industry in our country."

"The reality is we do need a forestry industry to supply the timber products, the trusses for homes, the paper and pulp that we use to operate businesses and homes. We need a forestry industry. We need the jobs that come with it. But we also need to do it in a way that is environmentally sustainable. We have the policies to do so."

"We're investing about $300 million in the forestry industry, including the biggest federal investment in plantations that we've seen in a very long time. So we support the industry but we want to see it done sustainably."

The Australian Workers’ Union (AWU) released a statement saying:

Thousands of workers' jobs were at risk if the EDO was successful as it could have led to the suspension of forestry in NSW, Victoria, Tasmania and WA.

Justice Melissa Perry found intergovernmental forestry agreements should be matters for elected governments rather than courts to decide.

AWU National Secretary Paul Farrow said the ruling was a major win for workers.

"This reckless legal challenge could have risked thousands of workers' livelihoods by bringing an entire industry to its knees," he said.

"It's clear the Environmental Defenders Office and its allies couldn't care less about all the men and women who rely on forestry to put food on the table.

"This ruling will be a massive relief for workers and their families not only in NSW but all the other states which could have suffered from the opposite outcome.

“Australia is in the worst housing crisis in living memory yet the EDO wanted to disrupt the supply of the material used in most house frames.

“Thankfully, the court’s decision means industry won’t be sidelined from helping to solve the housing crisis which is a win for the entire country.

"Regional communities across the country will be breathing because this also means critical hazard reduction activities won't be disrupted at the height of the most dangerous fire season in years.

“The forestry industry needs a sensible and productive path forward that is determined by careful deliberation informed by workers, industry and other genuine stakeholders, rather than disruption by outside interests.”

The flip side was a statement by The Nature Conservation Council of New South Wales (NCC), the state’s leading environmental advocacy organisation.

“It’s a sad day for the vulnerable species of NSW,” said Jacqui Mumford, chief executive officer of Nature Conservation Council NSW.  

“This is a devastating decision that now allows the ongoing destruction of critical habitat for endangered species based on outdated data. This case has revealed the inadequacy of our state and federal laws to protect nature. 

“We call on Minister Penny Sharpe to step up, throw out these outdated RFAs, make a transition plan and end the native forest logging industry for good. 

“Without action from the Minister, this decision could be the death knell for struggling species such as koalas and greater gliders.  

“This decision sets a dangerous precedent that could see forestry operations continue to be exempt from the federal Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) without requiring a new assessment. 

“Why should Forestry Corporation NSW (FCNSW) get a pass to destroy critical habitat for endangered species and be exempt from federal environment laws? 

“A lot has happened in 27 years –– we saw the Black Summer bushfires wipe out vast swathes of the Australian bush, killing billions of animals; the impacts of climate change are worsening species decline; and scores of species have become threatened or endangered.   

“At the very least the Minister Sharpe should be putting plans in place to bring RFAs into alignment with the current reality. 

“It’s time to end native forest logging in NSW.”