Court battle unfolds to protect Tasmanian devils from Riley Creek night transport roadkill

A battle over Tasmanian devils has unfolded in the Supreme Court, with environmentalists arguing a mining company shouldn’t be allowed to transport iron ore at night.

ENVIRONMENTALISTS are fighting a decision to allow Venture Minerals to truck iron ore through the Tarkine at night – saying the populations of Tasmanian devils that live there will end up as roadkill.

On Tuesday, the Tarkine National Coalition – known by its campaign name of Save the Tarkine – appeared in the Supreme Court of Tasmania, applying for an order quashing a 2021 decision by the Environmental Protection Authority.

That decision varied Venture Minerals’ original 2013 planning permit from the West Coast Council, removing restrictions on 24-hour transport out of its Riley Creek hematite mine off the Pieman Road, west of Tullah.

In a twist of the case, Venture Minerals ceased production in 2020, blaming market conditions.

It recommenced briefly in 2021 with the varied permit, but closed again after just one shipment to China, announcing it would enter maintenance mode until the global iron ore prices improved.

The Tarkine National Coalition’s application to review the EPA’s decision was lodged during last year’s period of operation, with the matter only reaching court now, while the mine is non-operational.

However, the organisation says when and if the mine does recommence, it should only do so with the original conditions of only transporting iron ore along the densely-forested Pieman Road during daylight hours.

Tarkine campaigner Scott Jordan in temperate rainforest near the Riley Creek mine site.

The coalition has argued the EPA should not have approved variations to the permit as Venture Minerals’ permit had already lapsed in September 2019.

It also says the EPA failed to consider “relevant and significant” information when approving the permit variation, that it was obliged to protect and enhance the quality of the Tasmanian environment and to adopt a precautionary approach when assessing environmental risk.

The Riley Creek mine site near Tullah. Picture Supplied

The coalition’s lawyer Peter Gray KC argued before Chief Justice Alan Blow that allowing the trucks at night would directly impact the already-endangered Tasmanian devil population given the facial tumour disease had now spread to the north-west of the state.

The EPA, represented by Assistant Solicitor-General Paul Turner SC, will not be heard in the matter.

Venture Minerals managing director Andrew Radonjic is currently giving evidence.

The hearing is expected to continue until Thursday.

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