Coroner & Legal
Gunns dam permit application is premature
The Tasmanian Greens today called for the Attorney General to seek legal advice regarding the status of Gunns Ltd’s dam permits in light of the company’s new application published in The Examiner newspaper at the weekend. (On TT: Application for a Permit to Undertake Dam Works at ‘Bell Bay’)
Gunns Ltd’s application to renew its dam permits should not be processed until the legal status of the Tamar Valley pulp mill has been cleared up, Greens Forestry spokesman Kim Booth said today.
Mr Booth also said that legal advice obtained by the Greens and tabled in the Parliament states no extensions to legal permits would be possible if the application was made a month before the expiry date.
“I am concerned that the Department has begun a process of public consultation for a project whose legal status is still unknown,” Mr Booth said.
“Before the Department processes any more applications, legal evidence needs to be provided to show that Gunns has in fact substantially commenced work on the project.”
“Has specific legal advice been sought? If not, the Attorney General needs to explain why, and if he does have advice he should release it publicly just as the Greens did.”
“The Greens obtained legal advice recently suggesting that new dam permits could not be granted for the project without breaching the terms of the overarching Pulp Mill Permit.
“The best way to clear up this mess and confusion this would be for the Attorney General Brian Wightman to obtain a court declaration on the status of the mill.”
Mr Booth also called on the Director of the EPA Alex Schaap to release Gunns’ submission regarding their claim that they have a valid permit to construct a mill.
“The public has a right to know on what basis Gunns believes it has a valid permit.”
“The EPA needs to be more transparent and accountable about this process, otherwise we are just creating more and more confusion and distress for the residents of the Tamar Valley.”
Download Greens advice on expiry of Gunns’ dam permits:
Legal_Advice_from_Fitzgerald_Browne_on_Dam_Permits_Sept_2011.pdf