Bob Brown Foundation and Tasmanian masked owl win Federal Court Tarkine battle

The Federal Court has ruled approval for a mine waste dam in the Tarkine was invalid, as it failed to consider impacts on the endangered Tasmanian masked owl.

THE Tasmanian masked owl has secured a victory for the Bob Brown Foundation in the battle over the Tarkine.

In January this year, former Federal Environment Minister Sussan Ley approved a controversial mine waste dam in the Tarkine – a project that would involve the clearing of 285ha and the installation of a 3.5km pipe across the Pieman River.

But on Monday, the Federal Court of Australia found that decision was made in error, as it hadn’t considered whether the project would cause “serious or irreversible” environmental damage in relation to Tasmanian masked owl foraging and breeding habitats.

However, Justice Mark Moshinsky has not yet made any orders, in particular, an order that Ms Ley’s decision over the MMG project be set aside.

This is because new Environment Minister Tanya Plibersek is currently considering whether to overturn her predecessor’s decision – with her final say expected by the end of this month.

While handing down his judgment, Justice Moshinsky said the January decision listed the project’s impacts on a list of threatened species and ecological communities – such as the Tasmanian wedge-tailed eagle and the Tasmanian devil – and set out a series of measures required to avoid impacting them.

The endangered Tasmanian Masked Owl.

However, the measures did not relate specifically to the Tasmanian masked owl, he said.

He said the decision failed to take into account the “precautionary principle” under the Environment Protection and Biodiversity Conservation Act, where the full environmental impacts of a project are unknown.

Lawyers for the Bob Brown Foundation, MMG and the Environment Minister, will return to court – most likely this week – to make submissions on what orders are ultimately handed down.

The Bob Brown Foundation described the decision as “huge”, and one of the most significant decisions in environmental law since the EPBC Act’s inception in 1999.

“The consequence of this decision for MMG’s mine in northwest Tasmania is significant. MMG must cease work and the new minister, Tanya Plibersek, will need to start the assessment afresh to consider the Tasmania masked owl,” campaign manager Jenny Weber said.

Justice Moshinsky’s decision came after a two-day hearing held last week.

The endangered subspecies has an estimated population of 500 breeding pairs – which are said to mate for life.

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