Coroner & Legal
Schaap gives the nod. Booth: Courts should clarify pulp mill permit. Alex Schaap: My reasons
ABC Radio reports Environmental Protection Authority Director Alex Schaap has ruled Gunns Ltd has substantially commenced construction of its pulp mill. His approval was based on advice from the Solicitor-General and Gunns, the report said …
• Reports: Take your pic from the News Dropdown (top nav bar).
• ABC Online: Gunns mill clears permit hurdle
Updated 28 September 2011 14:24:19
Tasmania’s environment watchdog has given the go ahead to Gunns’ Tamar Valley pulp mill.
Environment Protection Authority director Alex Schaap says the timber company has substantially commenced work on on the $2.3 billion, as required under its building permit.
There were claims Gunns had failed to do so by the August 30th deadline.
Mr Schaap says his decision is based on legal advice from the Solicitor-General and evidence from the timber company.
Gunns told the EPA it had spent$ 239 million on the contentious project so far.
Mr Schaap says the investment represents a substantial portion of the company’s total assets therefore representing a substantial commitment from the company.
Gunns shares have been placed in a trading halt.
The company is expected to comment on the announcement soon.
• EPA decision welcomed, says Bryan Green
The Deputy Premier and Minister for Energy and Resources Bryan Green today welcomed the independent Environmental Protection Authority’s determination that substantial commencement of the Bell Bay pulp mill had occurred.
“The Government supports the pulp mill project because of the huge investment and hundreds of jobs it will create in Tasmania,” Mr Green said.
“The approval process is a matter for the independent regulator and is being undertaken at arms length from the Government.
“This is a further step in the process we hope will see the project come to fruition.
Mr Green called on the State Liberals to now unequivocally support the pulp mill and stop playing politics with the project.
“This project is too important to Tasmania for it and the Forests Intergovernmental Agreement to be used as political play things by the Liberals,” Mr Green said.
• TWS opposes EPA decision on the pulp mill
The Wilderness Society today condemned the EPA Director Alex Schaap’s decision that there has been ‘substantial commencement’ of the pulp mill project and that permits under the fast-tracked Pulp Mill Assessment Act remain valid.
“While we reject the validity of the state-based assessment process in the first place, this decision adds to the process failure by recognising a range of procedural and other costs as evidence of the project’s commencement,” said Vica Bayley, spokesperson for The Wilderness Society.
“We do not believe that site clearing, one day of bulk earthworks and the purchase of some components represents a start on a project, particularly when it has consistently failed to attract the finance necessary to take it to completion.”
“This project fails to enjoy a social licence and the perception that it has received another free kick by a regulatory body will do nothing to enhance its standing in the community.”
Mr Bayley noted that Mr Schaap’s statement appeared contradictory. While Mr Schaap stated it was ‘evident’ there were doubts about the validity of the permits he was only prepared to clarify the issue in court should he conclude they were ‘reasonable doubts’. Local community group Pulp the Mill will be testing the notion of ‘substantial commencement’ in court.
“In this situation, if the permit is not to be terminated it should be tested in court, however once again it is a community group who is forced to seek a court ruling due to a process failure,” continued Mr Bayley.
“The Wilderness Society will continue to oppose the Tamar Valley pulp mill by standing in solidarity with the community, assisting with campaign activities and communicating its opposition to potential joint venture partners.”
“At a time when Tasmania has the opportunity to create a new, conflict-free timber industry, building that new industry around the most divisive and controversial project the state has seen for several decades does not make any sense.”
• EPA BACKS CALLS FOR COURTS TO CLARIFY PULP MILL PERMIT
Kim Booth MP
Greens Forestry Spokesperson
The Tasmanian Greens said today that the Environment Protection Authority has backed the Greens position that the courts are the only competent authority able to end the confusion over the legal status of Gunns Ltd’s Tamar Valley pulp mill.
Greens Forestry spokesperson Kim Booth MP said that the Director of the Environment Protection Authority’s determination today has done nothing to clear up the issue of “substantial commencement”.
“This decision is not worth the paper it’s written on. It does nothing to clarify the legal status of the Pulp Mill Permit, and in fact all it has done is raise more questions,” Mr Booth said.
“All the EPA has said is that until such time a court has determined the issue of ‘substantial commencement’ then it is not prepared to stop the works from going ahead on the site.”
“This is entirely consistent with what the Greens have from the start, which is that the Attorney General has an obligation to seek a court declaration on the status of the Pulp Mill Permit.”
“After having created a messy piece of legislation, Labor is now leaving it up to a group of individuals to take this issue through the courts, which is very disappointing.”
“This is causing uncertainty now, not only for the 100-thousand people in the Tamar Valley who are affected, but for Gunns and their shareholders, because nobody knows what the status of this project is.”
Mr Booth also said that the Greens would seek an urgent briefing regarding the basis of the EPA’s decision, including all advice received.
• Director EPA’s view regarding substantial commencement of Pulp Mill project
Director EPA Alex Schaap has today concluded his consideration of whether substantial commencement of the pulp mill project had occurred on 30 August as required by the Pulp Mill Assessment Act.
In August, Mr Schaap received a proposal from Gunns to make a minor variation to the storm water management plan for the Bell Bay pulp mill site.
As a result, Mr Schaap requested Gunns provide him with a submission setting out the reasons why the company believes substantial commencement has occurred.
“I have considered the evidence presented to me by the company and have obtained additional documentary substantiation of that evidence. I have also taken advice from the office of the Solicitor General,” Mr Schaap said.
“I have reached the view that substantial commencement has occurred.
“I do not therefore feel obliged to seek an order or declaration from a court on the question. I will continue to regulate the site on the basis that a valid permit exists unless a court determines otherwise.”
The view of the Director EPA is available on the EPA website at: http://www.epa.tas.gov.au/index.aspx?base=23371