New Environment Minister Tanya Plibersek asks for extra time in Tarkine tailings dam court battle
The new federal environment minister is considering whether or not to overturn her predecessor’s decision about a mine waste dam in the Tarkine – which could impact the endangered Tasmanian masked owl.
Police & Courts
Don't miss out on the headlines from Police & Courts. Followed categories will be added to My News.
NEW Federal Environment Minister Tanya Plibersek has requested a delay in court proceedings as she considers whether to overturn a decision by her predecessor allowing a controversial waste storage dam to be built in the Tarkine.
If she overturns the decision by previous Liberal minister Sussan Ley, it will mean the end of a Federal Court battle currently being waged by the Bob Brown Foundation – which says the clearance of 285ha of Tarkine rainforest would cause “irreversible damage” to the “elusive” Tasmanian masked owl.
Currently, a full hearing challenging Ms Ley’s decision – which was made in January this year – is set to unfold in the Federal Court of Australia on July 19.
But on Tuesday, lawyer Kim Pham, representing Ms Plibersek, told Justice Mark Moshinsky the minister was not expected to make her decision until “mid-July at the earliest”.
Ms Pham said while Ms Plibersek wasn’t requesting to vacate the hearing date, she wanted to bring the issue to the court’s attention.
She said the minister would either set aside or affirm Ms Ley’s decision, with the “reconsideration process now underway”.
“In either case, the new decision will render the current proceedings moot,” Ms Pham said.
The Bob Brown Foundation requested the current hearing date remain, as did the second respondent – the Chinese-owned mining group MMG.
The hearing, if it goes ahead, will field evidence from four witnesses brought by the Bob Brown Foundation – including two expert witnesses.
The hearing is expected to run over two days.
Justice Moshinksy retained the hearing date and set down another interim, administrative hearing on July 11 – if required.
The tailings dam plans by the Rosebery mine, which employs 430 people, will require the clearing of 285ha of Tarkine rainforest – about 71 times the size of the Melbourne Cricket Ground.
It will also involve the installation of a 3.5km pipe across the Pieman River.
The Bob Brown Foundation says the targeted forests are critical habitat for the Tasmanian masked owl, which uses the area for foraging and feeding – and also likely for nesting and breeding.
The endangered subspecies occurs only in Tasmania, with an estimated population of 500 breeding pairs – which are said to mate for life.
More Coverage
Meet TASCAT’s three new tribunal members
After the merging of nine Tasmanian tribunals, work has piled up for TASCAT. Here’s how three new appointments are hoping to help.
Van Dairy fighting mega tax bill from $280m purchase in 2016
A Chinese dairy company owner is appealing a court ruling over a $20m stamp duty tax bill. Here’s what the company’s defence says about the complex company structure.