Robert McMahon TAP Tasmanians Against the Pulpmill: EPBC assessment process

Posting a submission critical of the pulp mill to GunnsLtd exposes members of the public, individual members of TAP and the organization of TAP, as well as other organizations to the possibility of being sued.

Members of the community have expressed strong fears that as a result of their submissions they may be targeted with litigation or intimidation from the pulp mill proponent.

Gunns Ltd is currently suing 2 organizations and 13 individuals for specified and unspecified exemplary damages.

Sending critical submissions to Gunns Ltd gives the company a database of names and addresses. TAP has proposed to Hon Malcolm Turnbull a simple alternative process that protects the privacy and interests of submitters and also guarantees that the EPBC assessment process stays on track and is not damaged by the unusual circumstances that exist in Tasmania.

The process we suggest is this: that public submissions be forwarded in the first instance to Malcolm Turnbull’s office complete with personal details of the submitter. Mr Turnbull’s office keeps a copy and sends on to Gunns Ltd a copy with the personal details of the submitter removed in accordance with privacy laws.

Under normal circumstances TAP would fully support the EPBC process as it currently exists but the circumstances in Tasmania are abnormal. We once had a ‘normal’ assessment process known as the RPDC which we no longer enjoy. TAP is attempting to preserve the integrity of the EPBC process and I would hope we have the full support of Gunns Ltd.

Attached is a copy of TAP’s letter to Hon Malcolm Turnbull.

Bob McMahon TAP
Thursday 10th May 2007

…

Dear Malcolm Turnbull

Robert McMahon
TAP (Tasmanians Against the Pulpmill)
Exeter TAS 7275

The Hon. Malcolm Turnbull
Minister for the Environment
Parliament House
Canberra

May 9th 2007

Subject: EPBC public submissions on the pulp mill proposal to Gunns Ltd

Dear Mr. Turnbull,

As part of the EPBC assessment process, public submissions are to be sent to Gunns Ltd. Under normal circumstances TAP would thoroughly support the EPBC process but in Tasmania circumstances for assessing this project have become abnormal. You are undoubtedly aware of the lack of community trust in Gunns Ltd which is reflected in the calls for a guarantee that Gunns will both hand on to the Commonwealth Government, and address all public submissions that the company receives. It has been suggested that submitters safeguard their interests by sending copies of their submissions to your department for cross checking as well as to Gunns Ltd.

However, there is a far more critical issue that threatens to damage the EPBC process if it is not resolved. Mindful of Gunns’ record in suing individuals and organizations critical of the company and its actions, members of the community, members of TAP, as well as the TAP executive, fear that as a result of handing their submissions to Gunns Ltd, they will, as individuals and as an organization, be exposed to the possibility of litigation or intimidation from the pulp mill proponent. You will be aware that currently Gunns is suing 2 organizations and 13 individuals for specified and unspecified exemplary damages having recently dropped proceedings against 5 individuals and organizations after several years before the courts.

It is our recommendation that the problems outlined in paragraphs 1 and 2 be easily solved by having public submissions forwarded to your department in the first instance. Your department can then forward the public submissions onto Gunns after first removing all personal and identifying information in order to protect our identities consistent with privacy laws. Your department will also retain a copy of each submission.
I hope for a speedy resolution of this impasse for the sake of the integrity of the EPBC assessment process given that not much time remains before public submissions are due.

Yours Sincerely,

Robert J. McMahon