Today Pulp the Mill has commenced a prosecution of Gunns Ltd in the Hobart Magistrates Court. Pulp the Mill will claim Gunns has no permit or approval to do any work at the Bell Bay site of its proposed pulp mill.
Spokesperson for Pulp the Mill, Lucy Landon-Lane said, “It is an offence against the Land Use Planning and Approvals Act s. 63 (3) to undertake use or development contrary to a planning scheme. In this case, the George Town Planning Scheme – just like all planning schemes – says no person can undertake use or development without a permit. Gunns has no permit issued by the Council under the Planning Scheme. All Gunns can rely on is the Pulp Mill Permit. We believe that permit has lapsed, so Gunns has no permit to do any work”.
The charge is:
Undertaking of development of land contrary to a planning scheme
Breach of: Land Use, Planning and Approvals Act 1993 s.63(3)
Particulars of the charge are: On 31 August 2011 and continuing, Gunns undertook the development of land at East Tamar Highway Long Reach in Tasmania identified as Volume 152001 Folio 1 of the Register held under the Land Titles Act 1980 by carrying out works in the nature of earthworks on that land for the purposes of constructing a pulp mill where Gunns had no permit for that or any development of that land under the George Town Planning Scheme 1991, or otherwise, contrary to the Land Use, Planning and Approvals Act 1993, s.63(2).
“The Court will be asked to decide if the permit has lapsed or not. That is, the Court will be asked to determine the validity of the permit and will have to decide if there has been substantial commencement of the project.”
Pulp the Mill Inc. has briefed Stephen Estcourt QC to lead the prosecution team. Mr Estcourt is a former Tasmanian Magistrate. He is a former Chair of the Resource Management and Planning Appeal Tribunal and regarded as one of Tasmania’s leading planning lawyers.
Pulp the Mill is continuing to examine all legal avenues to challenge Gunns’ work on the pulp mill.
• Kim Booth: Tamar Valley residents forced to do Attorney-General’s job
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The Tasmanian Greens today expressed disappointment in the Attorney General, whose inaction has left Tamar Valley residents with no choice but to launch their own legal action over the Pulp Mill Permit.
The Greens forestry spokesman Kim Booth said he supported Pulp The Mill’s right to pursue the matter through the courts, but he said that it should be the job of the Attorney General Brian Wightman.
“It’s unacceptable that a group of concerned Tamar Valley residents are being forced to reach into their own pockets to fund this action, while Mr Wightman sits back and does nothing.”
“By now Mr Wightman should have fulfilled his duty as the state’s chief law officer and obtained a court declaration on the status of the Pulp Mill Permit.”
“Tamar Valley residents and Gunns shareholders alike want this matter cleared up as soon as possible.”
“The Attorney General’s failure to act has been irresponsible and negligent, and it has prolonged the confusion and uncertainty over this issue.”
“Mr Wightman protested last week in Parliament that the community didn’t want politicians involved any more in the pulp mill.”
“However, given that it was the Labor government who passed the legislative aberration that is the Pulp Mill Assessment Act 2007, which is the cause of all this confusion, it is clearly now the duty of Labor to step in and clear up this legal mess.”
First published: 2011-09-07 01:29 PM
