Environmentalists say court ruling a big win for the environment and southern right whales

UPDATED: The Federal Court has ruled former Environment Minister Josh Frydenberg should have required salmon farming company Tassal to use whale-proof netting at an East Coast fish farm.

Environmentalist and former Greens leader Bob Brown speaks to the media outside the Federal Court in Hobart with Greens Senator Nick McKim and Franklin Greens MHA Rosalie Woodruff. Picture: NIKKI DAVIS-JONES

THE Federal Court has ruled former Environment Minister Josh Frydenberg should have required salmon farming company Tassal to use whale-proof netting at an East Coast fish farm.

The full court decision was handed down today following Triabunna Investments, Spring Bay Mill and the Bob Brown Foundation’s appeal against an earlier judgment that dismissed their case against Tassal’s Okehampton Bay fish farm.

Tassal said its operations already complied with today’s ruling, but environmentalists say the ruling is a “big win” for the environment.

“The court has said that it is the Minister’s responsibility, and, whether or not the corporation says it’s going to do the right thing, the Minister has to make sure, and make it clear to everybody, that the corporation was required to take protective measures for the whales,” environmentalist and former Greens leader Bob Brown said outside court.

The companies owned by entrepreneur Graeme Wood and the Bob Brown Foundation argued a judge was mistaken in not requiring former environment minister Josh Frydenberg to make whale-proof rigging for its Okehampton Bay salmon pens part of his written conditions when he approved the development.

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L-R Nick McKim Greens senator, Bob Brown, Rosalie Woodruff Greens member for Franklin (state), Roland Browne lawyer. Federal Court Hobart hearing in relation to proposed fish farm at Okehampton Bay on the Tasmanian East Coast. Picture: NIKKI DAVIS-JONES

Solicitor for the companies and the foundation, Roland Browne, said the case was a reminder that no one — including the Environment Minister — was above the law.

“The second implication for this case is that Tassal’s notice that permits them to operate this fish farm at Okehampton Bay has now been rigorously scrutinised and the permit is no longer at large. Tassal now are going to have to comply very carefully and scrupulously with this permit because if they don’t it’s a criminal offence,” Mr Browne said.

Tassal managing director and chief executive Mark Ryan welcomed the ruling.

“This ruling is simply in line with our current operational practices and provides certainty for Tassal’s East-Coast-based employees and the continuing operations at Okehampton Bay,” Mr Ryan said.

He said the company had used whale-proof netting since the fish farm’s inception and Tassal also used bundled feed servicing line technology — another requirement the court said should have been placed on the company.

The appeal hearing took place in October last year.

The companies and foundation were unsuccessful in arguing the Environment Department failed to fully set out the visual impact of pens and barges on nearby Maria Island.

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