BOB McMAHON, Serious questions arise as to the legality of Gunns proposal
In a letter to Trevallyn residents, Gunns External Relations Manager, Frances Duffy, stated that Gunns would commence vegetation clearing in the Trevallyn Reserve on August 10th (subject to weather and contractor schedule).

In response to questions asked by John Day (Chairman of TAP Into A Better Tasmania), Warren Jones of the Environment Protection Authority, which has authority over the sites and the works states:

• “…a number of pre-requisites still need to be satisfied before Gunns can commence works in the areas that they have identified that are subject to Schedules LU2, LU3 and LU4 of the Pulp Mill Permit.
• “In response to your concerns that Gunns may commence works before all the approvals are in place, I have sought, and received, an assurance from Gunns that they will not commence works prior to all necessary approvals in place”.

“If Gunns were to commence under the current conditions, they would be breaking the law”, stated Bob McMahon, TAP spokesperson. “This stay of execution for 4 hectares of the Trevallyn Reserve has come about because of community vigilance.”

“The state government is supposed to be the watchdog but it has been missing in action. Is this what we have to expect for the duration of this project – a hands off government acquiescing in whatever Gunns wants and the community can either do the work the government is meant to be doing or they can go to hell?”

“There are two possibilities: Gunns did not realise that they needed approvals prior to starting land clearing, or they did realise it but decided to go ahead anyway without them,” continued McMahon.

“In either case God help us if they start constructing and operating a pulp mill”, said McMahon.

“As to the question of the legality of the land clearing that Gunns proposes for Trevallyn (Longreach and Dilston), it is very possible that regardless of receiving the requisite approvals and permits in due course, Gunns has no more right than you or I to take a bulldozer to the Trevallyn Reserve, or to Longreach and Dilston”, continued McMahon.

“Everything hinges on whether Gunns is in fact the pulp mill Proponent. This is a serious legal matter and the chairman of TAP Into A Better Tasmania, John Day, has written to Premier David Bartlett seeking clarification”, said McMahon.

John Day wrote:
• “The Pulp Mill Assessment Act refers to the ‘Proponent’ of the Pulp Mill. It’s my understanding that Gunns Limited Board of Directors has not yet approved the Proposed Pulp Mill Project. They are trying to find a joint venture partner and finance. As they have not approved the Proposed Pulp Mill does a “Proponent” exist yet? How can you allow clearance and construction to commence in these circumstances?
• “A Gunns Limited ‘Responsible Person’ has to be nominated by the Proponent as the legal person responsible for the project: Gunns have not yet nominated this person. The nominated ‘Responsible Person’ also has to be approved by your departments before any work can commence. I do not believe Gunns Limited has undertaken this key requirement. Have you, for instance, received and approved a nominated ‘Responsible Person’ for this project?”

TAP has not yet received a reply from the Premier.

“It is my expectation that the Australian media will pursue this matter and seek clarification from the Premier of Tasmania as a matter of urgency. It would be a tragedy if the Trevallyn Reserve and other places were cleared of vegetation by a company that is not legally able to do so for a pulp mill that will never be built”, concluded McMahon.