Lawyers for Pulp the Mill Inc. and Gunns Ltd will appear in the Hobart Magistrate’s Court tomorrow (this Friday, October 14) at 10 am for a preliminary hearing.
The charge is that on August 30 and beyond, Gunns undertook the development of land at the Long Reach site by carrying out 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 and in breach of the Land Use, Planning and Approvals Act 1993, s.63 (2).
Spokeswoman for Pulp the Mill, Lucy Landon-Lane said “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. Legal determination on this issue is essential. The EPA has refused to get a legal determination on whether the permits have expired, but EPA director Alex Schaap made it clear that the EPA would abide by a court decision. Due to this fact that the government and the EPA refuse to take due responsibility to get a legal determination, the community has had to take legal action, at great financial cost. We believe that Gunns did not achieve “substantial commencement” by August 30 this year, and that they are now operating illegally.”
Pulp the Mill Inc. has briefed Stephen Estcourt QC to lead the prosecution team. Estcourt is a former Tasmanian magistrate, a former chair of the Resource Management and Planning Appeal Tribunal (RMPAT) and regarded as one of Tasmania’s leading planning lawyers.
Following countless delays and permit extensions to facilitate the mill’s progress, and despite failing to secure a Joint Venture Partner or financial investor for the project, Gunns continues to maintain a financier will be found, and the project will go ahead despite overwhelming and ongoing community opposition.
Pic: Code Green HERE
• Green Left Weekly: HERE
