Aquaculture companies tipped to face more legal action

Tasmania could face more lawsuits against industrial fish farming, says Bob Brown, ahead of an expected Federal Court appeal decision in the Okehampton Bay case in Hobart tomorrow.

TASMANIA could face more lawsuits against industrial fish farming, says the man who has taken on one of the industry’s giants in the Federal Court.

Speaking to the Sunday Tasmanian ahead of an expected Federal Court appeal decision in the Okehampton Bay case in Hobart tomorrow, environmentalist and former Greens leader Bob Brown predicted there would be “much more public reaction” to aquaculture expansion in the future.

It’s anticipated the full Federal Court will deliver judgment in the matter of Triabunna Investments and the Bob Brown Foundation against the Environment Minister and Tassal over the fish farm expansion in Okehampton Bay.

The foundation and companies owned by Graeme Wood have attempted to argue a judge was mistaken in not requiring former environment minister Josh Frydenberg to make whale-proof rigging for salmon pens part of his written conditions when he approved the development.

Okehampton Bay Triabunna Tassal Flotila Protest Picture: REBECCA RAMAGE

Triabunna Tassal Flotila Protest, Floating Sign Okehampton Bay. Picture: Rebecca Ramage

They also tried to argue the Environment Department failed to fully set out the visual impact of pens and barges on nearby Maria Island.

The appeal hearing took place from October 30 to 31 last year. The initial case was dismissed by Justice Duncan Kerr in April 2018.

“We’ve put a very strong case, that’s why we took it,” Dr Brown said yesterday.

“It’s not a simple or inexpensive undertaking, but besides trying to protect Okehampton Bay from the impact of industrial fish farming, this case has far-reaching consequences for future decisions by the minister.

“It’s really a question of who is running environmental protection — is it the minister or is it every company that comes along with a proposal. We think it should be the minister.”

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The Sunday Tasmanian contacted Tassal, the Environment Department and Mr Wood for comment ahead of the court’s decision. Tassal didn’t want to comment until after Monday’s verdict.

When asked if he expected more groups to join them in challenging fish farm expansion in the courts, Dr Brown said: “I think we are going to see a lot more of … the public taking legal action to defend itself.

“The laws on marine protection are lax, they’re often missing and they are being breached in their absence.”

Dr Brown said there was increasing public angst over expansion in Storm Bay and anticipated there would be legal challenges to do with endangered species like the handfish, noise, light and obstruction of shipping and boating lanes.

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