Coroner & Legal

Is this ‘substantial commencement’? Greens seek legal opinion

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Photos taken from the air by Jon Bryan on July 24, 2011, clearly showing the extent of works on the pulp mill site.

The Tasmanian Greens are seeking legal advice about construction permits for Gunns’ planned Tamar Valley pulp mill.

The timber company has until the end of the month to show it has “substantially commenced” work on the $2.3 billion project, or the mill permits will lapse.

But there is confusion over what constitutes substantial work and the Premier Lara Giddings yesterday said the matter may have to be resolved in court.

The Greens Leader Nick McKim says his party is seeking advice and he doubts Gunns could get an extension.

“Clearly there has not been substantial commencement of the project,” he said.

“If there is any legislation introduced by anyone into the parliament to extend the permits we certainly will not support it.”

Greens MP Kim Booth believes the timber company has failed to meet the permit requirements.

“No matter what Gunns did, no matter what they did on this site, it will not prove that they’ve made a substantial start. This is about a massive $2.5 billion project,” he said.

Read the rest, ABC Online, HERE

• PULP MILL PERMITS
No More Political Interference for Gunns Ltd

Nick McKim MP
Greens Leader
Tuesday, 23 August 2011

The Tasmanian Greens today said that any attempt to extend the August deadline for Gunns’ pulp mill permit would be unacceptable, and that any further political interference on behalf of the ill-fated Tamar Valley pulp mill project would be condemned by many in the community.

Greens Leader Nick McKim MP said that the Greens warned at the time that the shameful Pulp Mill Assessment Act, which was rammed undemocratically through Parliament, was plain wrong and fundamentally flawed at many levels, and the current confusion over the Pulp Mill Permit’s definition of ‘substantial commencement’ proves that point.

“It will not be acceptable to the community or to the Greens for there to be any attempt to get around non-compliance or uncertainty regarding the pulp mill permit by attempts to extend the permit deadline,” Mr McKim said.

“The debate over what constitutes ‘substantial commencement’ may yet be played out in the courts but the Greens believe the real issue is whether Gunns reads the writing on the wall, does the sensible thing and abandon this unacceptable project.”

“The Tamar Valley pulp mill project is unacceptable, the legislation rammed through the Parliament was wrong, and now that the Pulp Mill Permit is set to expire, the project must not be propped up any further by attempts to extend the August deadline.”

“The community, especially in the Tamar Valley, deserves for this to be over once and for all, and to be able to move on with confidence from this sad episode, which clearly has never been in Tasmania’s best interests,” Mr McKim said.

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