Federal Court overturns unlawful Tarkine mine approval

Scott Jordan in the Tarkine. Pic by Matt Newton

Pic: of Nelson Bay River

Justice Marshall has handed down his decision on the Nelson Bay River mine appeal today in the Federal Court, Melbourne.

The mine approval granted by former Environment Minister Tony Burke was declared invalid, and overturned.

“This approval was unlawful, and the court has overturned the Minister’s decision,” said Save the Tarkine Campaign Coordinator, Scott Jordan.

“This is a great win for the Tarkine, and a great win for the Tasmanian devil.”

“We would like to thank all those in the public who have supported this case, and allowed us to defend the Tarkine and species like the Tasmanian devil”.

The Minister has been ordered to pay Save the Tarkine’s cost relating to this case.

• Nick McKim: “It is a beautiful part of Tasmania, and if there is one thing that would kickstart economic development in the north-west Tasmania, it’s an iconic environmental attraction to bring visitors to the area.” “Remember that the Australian Heritage Council has recommended that the Tarkine be protected for its outstanding natural and carbon sequestration values.”

• Bob Brown: “The new Minister for the Environment, Mark Butler, should now proclaim the Tarkine wilderness ‘Australian National Heritage’ as advised by the federal government’s own National Heritage Council in February. The former Minister’s decision to bin that advice and throw the Tarkine open to mining is the worst environmental failure in recent years. The Tarkine has growing world fame …

*Pic: Former Environment Minister Tony Burke (who had approved the mine) in The Tarkine.

Main, and Scott Jordan Pic by
*Matthew Newton
Photography / Cinematography
GPO Box 1585, Hobart, 7001
Tasmania, Australia
http:/www.matthewnewton.com.au
rapidexposure@ozemail.com.au

• Bryan Green: Mr Green said the State Government will be encouraging the new Federal Environment Minister, Mark Butler, to make this decision as soon as possible so that this very important mining project for the North West can proceed.

• Peter Whish-Wilson: “Claims that driving open cut mines into this unqiue area is the solution to long-term unemployment in Tasmania are simplistic and naive at best, and politically motivated by some. This mine would have a very short lifespan and there is no guarantee of significant long-term jobs for locals, and it could leave communities with a terrible environmental legacy.”

• Scott Jordan: Calls by Tasmanian Minerals Council chief Terry Long, Tasmanian Deputy Premier Bryan Green and Braddon MP Sid Sidebottom for some kind of technical or administrative fix to yesterday’s Federal Court decision to set aside approvals for the Nelson Bay River mine in the Tarkine, are both uninformed and an example of the kind of corrupted process that resulted in the Federal Court decision. “The failure of the Minister and his department to consult the Approved Conservation Advice was not an adminstrative oversight. The Approved Conservation Advice is the key source of advice on which the Minister must rely to determine how best to protect the Tasmanian devil in any assessment,” said Save the Tarkine Campaign Coordinator, Scott Jordan. “You can’t just add it to the appendix after the event and publish the same decision. The court didn’’t say the Minister forgot to list it, it actually said the Minister failed to consult it at all.” “The comments by Long, Green and Sidebottom show an example of trying to solve a problem by repeating the action that created it”.

• Christine Milne: “Minister Butler says he will meet with groups and individuals brought together by local member and avowed pro-mining advocate Sid Sidebottom,” Senator Milne said. “While meeting with local groups is part of his job, Minister Butler should also be meeting with tourism operators and producers who rely on the clean, green Tasmanian brand. “He should also meet with experts who can make informed assessments about the impacts on the endangered Tasmanian Devil. “When people think of the extinction of the Tasmanian Tiger they ask how it could have happened. Now it’s clear how it happens – people choose mines over extinction.

• Bob Brown: “There is a nasty element in the pro-mining campaign and it should be kept in check by the industry and by the politicians of the Labor and Liberal parties who are campaigning so hard against protecting the Tarkine’s natural and cultural heritage from mining”, Brown said.

• Richard Colbeck: There is no question that this sort of judgement has an impact on people’s perception of investing in Tasmania.

• Cassy O’Connor: “The same lack of foresight led to the extinction of the thylacine, and now we are seeing the world’s second largest carnivorous marsupial facing a similar fate on our watch.” “The Tarkine is a largely-intact wilderness that is recognised internationally as a biodiversity hotspot and is home to a diverse range of unique endemic species including the devil.” “These things are a rare and precious commodity on an increasingly stressed planet.”

• Paul O’Halloran: “Terri Irwin is absolutely right when she says that there is nowhere else like this in the world.” “She is a highly successful entrepreneur and nature lover who can clearly see a brighter economic future for the Tarkine that’s not just about digging it up and cutting it down.” “The sad reality for tourism operators in the Tarkine is that they have been too often treated like second class citizens in favour of heavy extractive industries.” “Industries like mining are often heard loudly demanding ‘resource security’ in the short-term, even when that comes at the expense of long-term security for other industries.” “Promoting conflict industries like forestry and mining in the Tarkine sends a message to investors in sustainable industries like tourism to stay away.”

• Peter Whish-Wilson: “It was inspirational today to hear from Terri Irwin and get her optimistic views on the value of a wild Tarkine to the future of northwest tourism,” said Senator Peter Whish-Wilson. “A key message from today’s forum was that Tasmania needs authentic, life-changing tourism experiences built around iconic wilderness and wildlife – a future Tarkine National Park and the Tasmanian devil can deliver those experiences.