Bob Brown claims victory in Tarkine marathon court stoush against Sustainable Timber Tasmania

Bob Brown is celebrating after a legal stoush with Sustainable Timber Tasmania has made it “crystal clear” that permits from the forester aren’t required to access public forests for his Tarkine marathon. LATEST >>

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AN ULTRA-marathon in the Tarkine wilderness will go ahead this month after all, with the Bob Brown Foundation making it “crystal clear” no permit is required from Sustainable Timber Tasmania to access public forests.

The position was clarified in the Supreme Court of Tasmania on Thursday afternoon following a week of political and legal stoushing, which erupted when the forester said it wouldn’t provide landowner consent for the takayna trail marathon.

Bob Brown says the foundation has now clarified no permit is required by Sustainable Timber Tasmania to access public forests. Picture: Nikki Davis-Jones

With the event looming on March 20, the foundation took court action against the forester’s refusal, arguing it was obliged under government legislation to allow access to timber production zones.

In response, STT said it had not provided landowner’s consent on the basis the marathon was aimed at raising money to support activities hindering the management of permanent timber production zone land.

A directions hearing held a few days later seemed to clarify the position that in fact, no permit was required at all and that STT’s refusal to grant consent had no legal effect.

On Thursday, following that clarification, Ron Merkel QC, acting for the foundation, sought leave to discontinue legal proceedings and asked for the foundation’s costs to be paid by STT because it had “acted unreasonably”.

Bob Brown with foundation campaign manager Jenny Weber, right, outside the Supreme Court of Tasmania. Picture: Nikki Davis-Jones

But Shaun McElwaine SC, acting for STT, said the foundation had made a mistake and “they pulled the trigger too early” by initiating court proceedings.

Acting Justice Brian Martin noted STT had created an “induced belief” that a permit was required, and said some of its actions “could be viewed with disfavour”.

He said STT had repeatedly conveyed over the years that permits to other events were required, and also made similar claims on its website.

He also said it was reasonable for the foundation to initiate legal proceedings, as it could not take the risk that STT might preclude entry to a large-scale event that involved significant costs and participants who planned to attend from interstate.

However, Acting Justice Martin refused the foundation’s application for costs.

After the hearing, Bob Brown described STT as “despicable, tricky and misleading”.

But he described the case as “a great victory” for all Tasmanians, proving STT didn’t control access to public forests.

The case follows news earlier this week that the foundation has applied for special leave to appeal with the High Court of Australia in its “Great Forest Case”.

Last month, the foundation lost its historic battle against STT in the Federal Court to end logging in Tasmanian native forests.

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