Bob Brown Foundation lodges appeal against ban on forest protests

The Bob Brown Foundation has launched legal action against a ban on forest protests, setting out three separate grounds of appeal.

Bob Brown and lawyer Roland Browne outside the Hobart Magistrates Court filing an appeal against a prohibition notice against forest protests. Picture: MATT THOMPSON

THE Bob Brown Foundation has lodged a court appeal against a ban on forest protests, calling the prohibition a “ham-fisted bungle” that the State Government is responsible for.

Veteran environmentalist Bob Brown joined foundation lawyer Roland Browne at Hobart Magistrates Court yesterday where they lodged an appeal against a prohibition notice sent by the state’s health and safety regulator.

Last week’s notice was sent by Worksafe Tasmania boss Mark Cocker prohibiting activities deemed to be a safety risk until further notice, with the threat of potential fines up to $500,000.

Roland Browne said there were three grounds for appeal. Picture: MATT THOMPSON

The foundation has requested the matter be immediately listed so consideration to suspend the appeal can be made.

Mr Browne said the lodgement had three grounds for appeal.

“Firstly the regulator doesn’t have power to issue a broad-ranging edict that nobody can conduct forest protest anywhere in Tasmania,” he said.

“Secondly, it is contrary to the Australian Constitution because it interferes and stops communication about government and political matters.

“Thirdly, the regulator has not complied with the Act to satisfy himself of what the Act says – that he has to be satisfied before issuing a prohibition notice.”

TARKINE FOREST DEFENDER’S CAR RAMMED

In his letter to Bob Brown Foundation chief executive Steven Chaffer, Mr Cocker said: “I reasonably believe that the foundation through its officers, workers and others have through acts or omissions and without reasonable excuse, engaged in conduct that is exposing or has exposed a person(s), to whom a health and safety duty was owed, to an imminent or immediate risk of death or serious injury.”

Four people were arrested following a Bob Brown Foundation protest at the Ta Ann veneer mill at Smithton earlier this month. Picture: Adam Burling

Dr Brown said he believed the notice was “illegal and unconstitutional”.

“The prohibition order, I think, is a massive bungle and the Government, not the regulator alone, should take responsibility for that,” he said.

“On the face of it it’s a political document not a legal document, as I read it.”

BOB BROWN: SAVAGING A PRICELESS LANDSCAPE

Dr Brown questioned why the notice was issued under State Government letterhead, saying “the Minister for Justice knew about it and is responsible for it”.

“It ought not be that in a healthy democracy like Tasmania that the serious work by the safety regulator be interfered with or controlled by political considerations. That’s not on.

“I can’t believe such a ham-fisted edict was issued under authority of the Gutwein Government.”

Building and Construction Minister Elise Archer said the State Government didn’t refer the matter to Worksafe, “nor has it in any way influenced the independent Regulator to take action”.

“The Government strongly supports free speech and the right to protest, but threats, trespassing and endangering workers is completely unacceptable,” she said.