TCT wins fight against Lyons MP John Tucker’s plans to clear 1800ha of native forest
The Tasmanian Conservation Trust has won a seven-year battle to stop plans to clear 1800ha of native forest in the state’s North East. LATEST >>
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JOHN Tucker, the state Liberal member for Lyons, has lost a fight to clear more than 1800ha of native forest at Ansons Bay and convert the land into pasture for cattle grazing.
On Monday, environmental organisation the Tasmanian Conservation Trust won a Supreme Court battle against the plans, successfully arguing it was wrongly approved by the Forest Practices Authority back in 2015.
The native forest included 495ha of threatened native vegetation, with 491ha of eucalyptus ovata, also known as swamp gum.
The TCT said the area was habitat for endangered wildlife including the swift parrot, Tasmanian devils, tiger quolls and New Holland mouse – and that the 4sq km was three times greater than the total land cleared in Tasmania over the past three years.
In his published judgment, Justice Stephen Estcourt said in 2009, the FPA refused to certify the clearance plans lodged by Mr Tucker’s father on the basis they did not adequately protect threatened species and vegetation, as required under legislation.
Mr Tucker – the current landowner – submitted a new plan, which the FPA said it had no power to refuse – on the basis his father had not been compensated by the government for his financial loss under provisions of the Nature Conservation Act.
Justice Estcourt, quashing the FPA’s 2015 decision, said the new plan was not the same entity as the original, and also found the delegate for the FPA had acted outside the scope of his power in certifying the plans.
TCT CEO Peter McGlone celebrated the win as a “fantastic outcome” after “seven long years that this case has been before the court”.
“I think the key outcome we’ve got to celebrate is we would have seen the destruction of 1800ha of forest,” he said.
“It’s not any old forest, it’s critically endangered forest.
“When I use the word destruction, I mean total removal of forest – we would have seen the forests bulldozed and burnt.”
Mr McGlone said the clearing of the land would have also resulted in thousands of tonnes of carbon being released into the atmosphere.
Mr Tucker has been contacted for comment.
The case is not expected to have any impact on his role as an MP.
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