Labor’s salmon law faces ‘green lawfare’ as Coalition promises industry import protection

A court challenge has thrown uncertainty over the PM’s laws to shore-up salmon farming in Tasmania’s Macquarie Harbour.

The Bob Brown Foundation is challenging Labor’s attempt to protect salmon farming in a Tasmanian harbour. Picture: Linda Higginson

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Anthony Albanese’s new law to exempt salmon farms in a Tasmanian harbour from environmental review is being challenged in the Federal Court, as the Coalition promises to protect the industry from Chilean imports.

The Bob Brown Foundation on Monday applied to the court to rule last week’s change to federal environment law – aimed at stopping a review of salmon operations in Macquarie Harbour – does not achieve its aim.

Amendments to the Environment Protection and Biodiversity Conservation Act prevent ministerial review of activities that have been conducted in the same “ongoing or recurring” manner for at least five years.

Based on legal advice, the BBF has told the court salmon operations in the remote western harbour have changed significantly over the past five years, including joint ventures, major shifts in production levels and the amount of feed used.

“Our barristers will argue that Albanese’s carve-out for polluting salmon farms does not apply to Macquarie Harbour,” BBF marine campaigner and Greens candidate Alistair Allan said.

“We are also asking the court to rule that, after 16 months’ delay, the Environment Minister, Tanya Plibersek, must make a decision regarding the original approval of fish farming in Macquarie Harbour.”

Salmon Tasmania, which represents the $1.46bn industry, said it was confident the “unsurprising” legal challenge would fail. “We’ve got confidence in our briefings with the government … and our legal advice is that the legislation should stand,” chief executive Luke Martin said.

The Coalition condemned the legal challenge. “It’s green lawfare – it’s what they specialise in,” Coalition environment spokesman Jonno Duniam said. “It’s a great way for organisations like the BBF to raise money in the lead-up to a federal campaign.”

The court manoeuvre came as salmon farming dominated electioneering in Tasmania, where there is divided opinion in key seats.

Senator Duniam confirmed reports in The Australian that an incoming Dutton government would ban imports of Chilean salmon over biosecurity concerns.

Prime Minister Anthony Albanese and Labor’s Braddon candidate, Anne Urquhart, visit Tassal salmon pens in Macquarie Harbour, near Strahan, Tasmania. Picture: NewsWire

Senator Duniam also claimed federal Agriculture Minister Julie Collins, battling an anti-salmon independent in her southern Tasmanian seat of Franklin, was “backtracking” on previous support for the salmon industry “at a rate of knots”.

“Yesterday, she sounded like a pale version of (Climate 200-backed independent Peter) George, calling for a ‘stronger EPA’ and ‘more transparency’ from the salmon industry,” Senator Duniam said.

Ms Collins’s supporters reject the claim, pointing out Liberal Premier Jeremy Rockliff has also called for “full transparency” over recent salmon mass mortalities, which have resulted in fish remains washing up on some beaches.

The minister, who has been contacted for comment, has also expressed support for the industry and its workers, many of whom live in her electorate.

Salmon pens in Long Bay, Tasman Peninsula, in the marginal Labor-held seat of Lyons. Picture: Supplied

Senator Duniam said the Coalition’s ban on recently green-lit Chilean imports was based on a “very real threat to our salmon industry and the wider natural environment” from diseases in Chile’s industry.

“The Albanese Labor government has treated Tasmania’s salmon industry and their workers with disdain,” Senator Duniam said.

Labor hopes its legislation ending Ms Plibersek’s review of salmon farms in Macquarie Harbour will shore up votes in the marginal seat of Braddon, which includes the waterway and West Coast salmon workers.

However, the issue is more complex in Franklin, where there is considerable concern over fish pen expansion and pollution. Views also appear mixed in Labor-held marginal Lyons, where some farms are located.