Forestry Corporation of New South Wales v South East Forest Rescue Incorporated

Practice and procedure – Standing – Where appellant conducts forestry operations pursuant to integrated forestry operations approval ("IFOA") – Where respondent brought civil enforcement proceedings seeking injunctive and declaratory relief – Where primary judge found respondent lacked standing because no "special interest" in subject matter of proceedings – Where Court of Appeal of Supreme Court of New South Wales set aside primary judge's finding that respondent had no special interest – Where s 69ZA of Forestry Act 2012 (NSW) limited certain actions in respect of provisions of Act that give any person a right to institute proceedings to remedy or restrain a breach, whether or not any right of the person has been or may be infringed by or as a consequence of that breach – Whether Court of Appeal erred in concluding on proper construction of Pt 5B of Forestry Act and cognate provisions of Biodiversity Conservation Act 2016 (NSW) private persons or entities with special interest in subject matter of proceedings have standing to bring proceedings to enforce duties and obligations imposed by IFOA.

Words and phrases – "any person", "auxiliary jurisdiction", "Class 4 jurisdiction", "clear and unmistakeable intention", "commence and maintain proceedings", "common law standing", "declaratory or injunctive relief", "duties and obligations", "equitable jurisdiction", "injunction", "integrated forestry operations approval", "liberty of access", "matter", "private rights affected or interfered with", "public rights, duties or obligations", "special interest", "standing", "subject matter", "third-parties".

Biodiversity Conservation Act 2016 (NSW) – ss 13. 3, 13. 14, 13. 14A, 13. 15.

Forestry Act 2012 (NSW) – Pt 5B.

Land and Environment Court Act 1979 (NSW) – s 20.