Minister admits he had no legal right to grant mining lease

The Tarkine fight has hit a new legal roadblock as environment groups call on Guy Barnett to resign over his granting of a mining lease he now admits he was not ‘empowered’ to make.

THE Bob Brown Foundation has called on Resources Minister Guy Barnett to resign as a Tarkine rainforest battle hits a legal roadblock.

The BBF has been fighting mining company MMG’s plans to build a new tailings dam at its Rosebery mine for many months.

The foundation was outraged earlier this year when Mr Barnett issued MMG a new mining lease over the access road to the site of its proposed waste facility.

That meant protesters and other members of the public could be blocked from going into the site.

Now, Mr Barnett has conceded he had no legal right to grant the lease.

tarkine

In a letter to the BBF which The Mercury has seen, Mr Barnett said: “Following due consideration, I was not empowered to make the decision. In consequence, there has been no valid grant of that lease”.

The Tamanian Greens have backed the call for Mr Barnett to resign.

“While the Minister champions laws to lock up peaceful protesters, he’s apparently quite comfortable making an ‘illegal’ mining lease approval which was only discovered due to the work of the Bob Brown Foundation’s legal team,” leader Cassie O’Connor said.

“He should resign.”

MMG has resubmitted its mining lease application.

“We have found a minor technical error with our mining lease application over Helilog Road and have now resubmitted, and continue to work with relevant government departments through the approvals process,” the company said.

Resources Minister Guy Barnett has been urged to resign by environmentalists.

“Our paused works at South Marionoak are allowing us to review every aspect of regulation and permitting for the assessment of a new tailings storage facility.”

Mr Barnett responded to the claims:

“MMG recently made application for a mining lease over an existing access track to their South Marionoak site under the Mineral Resources Development Act 1995,” Mr Barnett said.

“The application was assessed by Mineral Resources Tasmania, which recommended it be approved — a recommendation I subsequently accepted.

“A lodging error in the application was then found; MMG were advised and submitted a new application.

“This has occurred, with the new lease application currently being assessed by MRT in accordance with the Act.’’

The BBF called it an “embarrassing” back down by a Tasmanian Minister.

“Mr Barnett has been forced to tear up mine lease 4M/2021 granted to Chinese state owned MMG after the foundation exposed the lease as illegal,” BBF said.

MMG sought the lease over Helilog Rd in April.

“The area followed a narrow strip along five kilometre and ncluded beekeeping sites, the Forest Walk tourist site, the BBF’s protest camp and access to MMG’s proposed tailings dam,” the foundation said on Thursday.

MMG Rosebery mine acting general manager Steve Scott and environmental officer Adam Pandleis at the point where upgrading work on the fire break the company is upgrading to provide access to the site of a proposed tailings dam stopped due to protests. Picture: Grant Wells

“To be eligible for a mine lease under Tasmanian law, an applicant must demonstrate a mineable body of ore and a mining plan. The BBF asserted that neither existed in this case and that the lease was sought to deny public access,” campaigner Scott Jordan said.

“This was an attempt to shut down public protest and to lock the community out of an area that MMG did not want them seeing. Without our intervention, this illegal lease would have done just that.”

“If Minister Barnett will not resign, then the Premier should sack him.”

The Minister have been approached for comment on the issue.

Originally published as Minister admits he had no legal right to grant mining lease