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Environment Minister Tanya Plibersek must start from scratch over Tarkine mine waste dam approval

The Federal Court has set aside former Environment Minister Sussan Ley’s decision to approve a controversial mine waste dam in the Tarkine – remitting the decision back to the new Minister.

Bob Brown Foundation say masked owl recordings back its tailings fight

NEW Federal Environment Minister Tanya Plibersek must start from scratch in her deliberations over a controversial mine tailings dam in the Tarkine.

On Thursday, Federal Court judge Mark Moshinsky ordered a previous decision by former Environment Minister Sussan Ley approving the dam be set aside, and the matter be remitted to the new minister.

MMG, which owns the Rosebery mine, has also agreed to remove its machinery from the site, which under the orders, it must do on August 1.

Under the court orders, MMG must remove the machinery “at a walking pace having regard to the need to cause minimal disturbance”, and Bob Brown Foundation members must also keep a reasonable distance from MMG staff and equipment and not obstruct them.

The endangered Tasmanian masked owl. Picture: Rob Blakers
The endangered Tasmanian masked owl. Picture: Rob Blakers

In a statement, MMG said it had at all times operated in good faith “and followed due process and any instruction issued by state and federal government departments or agencies”.

The company said assessment of its proposed new tailings storage facility was still ongoing, and that the new Minister would now need to decide whether its preliminary works were a controlled action under the Environment Protection and Biodiversity Conservation Act.

“We remain committed to the highest standards of compliance and accountability and will continue to work with regulators to enable us to find a balanced solution that will coexist with the natural environment and secure the future of the Rosebery Mine and our 500 employees and contractors,” it said.

Australian Minister for Environment and Water Tanya Plibersek MP. (Photo by Martin Ollman/Getty Images)
Australian Minister for Environment and Water Tanya Plibersek MP. (Photo by Martin Ollman/Getty Images)

The Bob Brown Foundation called on Ms Plibersek to “clear the deck” to protect the Tarkine.

“This proposed tailings waste dump will cause irreversible harm to the environment. It must be halted and MMG needs to choose their feasible alternative on their mine site outside takayna / Tarkine,” campaign manager Jenny Weber said.

The organisation has invited Ms Plibersek to see the Tarkine in person before making her decision.

Earlier this week, the Federal Court found that a decision by Ms Ley’s delegate in approving the waste dam was invalid, as it failed to consider impacts on the endangered Tasmanian masked owl.

Originally published as Environment Minister Tanya Plibersek must start from scratch over Tarkine mine waste dam approval

Original URL: https://www.couriermail.com.au/news/tasmania/environment-minister-tanya-plibersek-must-start-from-scratch-over-tarkine-mine-waste-dam-approval/news-story/4bf9e03fe1a581359e7fff2d17cdadfc