Bob Brown says Supreme Court decision will lock out protesters

The Bob Brown Foundation has lost its bid to block MMG’s new mining lease, but Brown says the fight isn’t over. VIDEO >>

The Bob Brown Foundation will likely appeal a decision which would ultimately prevent protesters from occupying a key access road to the Rosebery Mine, after a Supreme Court ruling on Wednesday.

In January last year, former resources minister Guy Barnett granted Chinese mining company MMG a mining lease over Helilog Road, extending 100 metres on either side of the road to allow the company to have access to its tailings dam.

The Bob Brown Foundation applied for the minister’s decision to be reviewed, arguing he had no power to grant the mining lease.

The group believed the lease was granted to prevent protesters from mobilising along Helilog Road.

“The case in a nut shell is that the minister gave the lease to MMG over the approach road to where they want to put the waste dump, in order to have MMG be able to exclude campaigners being along that road,” BBF founder Bob Brown said.

“There’s no provision in the law for that to happen, the minister can give leases for the purposes of mining but not for the purposes of locking citizens out.”

At the Hobart Supreme Court on Wednesday, Justice Allan Blow rejected the foundation’s arguments, upholding the Minister’s decision to grant the lease.

Roland Browne lawyer, Jenny Weber Bob Brown Foundation, Bob Brown, Paul Thomas partner of Bob Brown. Bob Brown Foundation at Supreme Court in Hobart in relation to case with MMG. Picture: Nikki Davis-Jones

“Beijing will love Justice Blow’s decision, it’s gone all their [MMG’s] way for reasons which don’t stack up when you look at the justice’s paper,” Mr Brown said.

“He has just said it’s up to the minister to invent reasons that aren’t in the law to issue a lease to favour a mining company against the people of Tasmania who want to protect the Tarkine forest.”

The BBF has the option of appealing the decision, something Mr Brown said the group was considering.

“We’re going to look at this judgment with view to appealing,” Mr Brown said.

“It would be to the full bench of the Supreme Court.”

The final approval for the mining lease will go before Federal Environment Minister Tanya Plibersek.

Current Minister for Resources Felix Ellis welcomed the ruling.

“The Tasmanian Government is a strong supporter of the project and has always said that it must comply with the required environmental and planning processes,’’ Mr Ellis said.

“It is disappointing, but not surprising, that the radical Bob Brown Foundation continues to oppose a proposal that would help secure 500 regional jobs.”