Protesters disrupt work just 24 hours after Federal court decision
Just a day after the Federal Court ruled against a bid to stop a mining company’s pre-dam works in the Tarkine, police have been called to evict protesters.
Police & Courts
Don't miss out on the headlines from Police & Courts. Followed categories will be added to My News.
JUST 24-hours after a Federal Court dismissed a bid by conservationists to halt roadworks in the rainforest near Rosebery, Tasmania Police arrived to evict protesters who have now ramped up their campaign.
The court on Monday ruled against the Bob Brown Foundation’s application for an injunction to stop mining company MMG for continuing work on its controversial tailings dam proposal.
The company says it needs the new waste facility to secure the future of its mine - which employs almost 500 people.
The BBF says the company has another viable alternative site on which to build it and not impact on the Masked Owl and other threatened species.
“As we have done for the last 15 months, we will stand with citizens to prevent MMG from entering this site,” campaign manager Jenny Weber said.
“This morning, MMG was met by retired veterinary surgeon Andrew Browne, 69, who blocked the road.
“Tree sitter Kevin Vaughan, 73, is suspended by a line attached to the roadway,” she said.
Tasmania Police confirmed they had attended the site, were monitoring the situation and arrested two people.
Mr Browne said he was there to stop MMG building a toxic tailings dam in the Tarkine while Mr Vaughan said he was protesting to protect the area for future generations.
Braddon MP Gavin Pearce has slammed the protest action saying the action was just a “thinly veiled attept” to shut down Tasmanian industry under the guise of environmentalism.
Mr Pearce said the court’s decision put the approval process one step closer and the ultimate goal of securing the future for 500 hardworking mining families.
“The new tailings facility will allow the Rosebery Mine to continue to operate and continue to support those employees and their families,” Mr Pearce said.
“Approval processes should be decided based on science and evidence through the appropriate regulatory channels.
“Environmental lawfare from green organisations like the Bob Brown Foundation is just a thinly veiled attempt to shut down Tasmanian industry under the guise of environmentalism.
“Our mining industry is covered by some of the most stringent environmental protections in the world.”
Conservationists loses bid to stop dam works in Tarkine - May 2
The Bob Brown Foundation has lost its bid to halt works on a proposed tailings dam in the Tarkine with conservationists saying their only option now was continue to protest in the rainforest.
In the Federal Court on Monday, Justice Mark Moshinsky ruled that while the BBF had established a case it was difficult to assess the strength of it.
Justice Moshinsky said Environment Minister Sussan Ley could still approve the project with protection measures put in place for the endangered masked owl and other threatened species even if he granted an injunction.
“In injunction altogether goes too far,” Justice Moshinsky said.
“There is a real possibility the Minister may decide the dam project is not a controlled action and set out measures to protect the masked owl.”
The foundation’s case against Commonwealth approvals for the miner’s waste facility will be heard on July 19.
Among the evidence submitted by the BBF in its bid to stop preliminary works was a photograph of a masked owl on site taken last week.
The foundation also has bio acoustic recordings and data collected over five months from an area of the 285ha of Tarkine rainforest slated for clearance.
Justice Mashinsky said MMG had argued its preliminary works in the forest were part of the dam design process and an injunction would further delay the Commonwealth approval process.
The BFF said the court’s finding highlighted its view that the EPBC Act was a “farce”.
“If a Masked Owl is not safe from this proposal in the Tarkine, and it is not, then it is not safe anywhere,” Campaign ManagerJenny Weber said.
She said the mining company had a viable alternative for its waste facility that would not cost the rainforests or masked owl habitat.
“We are now left with the protest option to continue to hold MMG out of the forests.”
Braddon MP Gavin Pearce said the court’s decision secured the future of 500 hardworking mining families.
“Our mining industry is covered by the most stringent environmental protections in the world. MMG should be allowed to go about its lawful business freely.”
Could this ‘elusive’ owl sink a Tarkine mine tailings dam? April 30
THE “elusive” Tasmanian masked owl could prove to be the clincher that halts Chinese-owned mining group MMG from constructing a controversial tailings storage dam in the Tarkine.
Conservation group the Bob Brown Foundation has launched an injunction in the Federal Court of Australia, arguing the targeted forests are “critical habitat” for the nocturnal bird and that it would suffer “irreversible damage” if MMG proceeds with the works.
On Friday, via video link from Melbourne, Justice Mark Moshinsky heard bio acoustic recordings and data had been collected over five months from an area of the 285ha of Tarkine rainforest slated for clearance.
The foundation’s barrister Sarah Pritchard SC said the endangered Tasmanian masked owl used the forest in question for “foraging and feeding”, and that MMG’s application hadn’t outlined what impacts its plans would have on the bird’s numbers.
She said no more than “mere lip service” to the dam’s impact on the owl had been made by the decision-maker.
“The material overwhelmingly demonstrates the proposed area is in critical habitat of the Tasmanian masked owl,” she said.
Penny Neskovcin QC, acting for MMG, argued the area in question was “poor habitat” for the Tasmanian masked owl, and that the bird had only been detected on “some occasions”.
“The proposed works are not likely to have a significant impact on the owl,” she said.
Ms Neskovcin also argued that because the owl was territorial, and that the works were “over a relatively small area”, any disturbance in its breeding sites would be minimal.
“Given the territorial features of the owl, there’s not likely to be more than one pair in the area,” she said.
She also argued that granting an injunction would cause an “imminent threat” of closing the mine.
The Rosebery Mine, which employs 430 people, intends to construct a 3.5km pipe to carry waste sludge across the Pieman River to the South Marionoak dam so the mine can remain operational for another 40 years.
The plans were given federal government approval in January, which the Bob Brown Foundation intends to dispute at a court hearing in July.
Justice Moshinsky will hand down his decision on the injunction on Monday.
More Coverage
Grandma ‘completely lost control’ when threatened, court hears
A Hobart grandmother has disputed facts in a case alleging mistreatment of her grandson, including allegations she had a power obsession.
Everybody appearing at Hobart Magistrates Court, Tuesday, October 8
Here is a list of people appearing at Hobart Magistrates Court on October 8.