Proposal by the state government for pulp mill doubts removal legislation

The Tasmanian Conservation Trust is shocked and disappointed at statements in today’s newspapers which claim the state government is considering legislation to remove doubt over the validity of the permits for the Tamar Valley pulp mill.

‘It appears that the state government wants to enact legislation to kill off the TCT’s ongoing Tasmanian Supreme Court challenge to the permits for the Tamar Valley pulp mill.

‘This would be a gross misuse of the parliament as it would restrict the democratic right to have laws reviewed by the courts.

‘The so-called ‘doubts-removal’ legislation may also fail to provide certainty over the status of the permits because any such new laws could themselves be challenged in the high court.

‘The TCT is committed to doing all that is within its power to challenge the validity of the pulp mill permits including considering a legal challenge to any new law which prevents our current court challenge from proceeding.

‘In 2007 the Tamar Valley pulp mill was provided with a permit through a special act of the parliament because it was the view of the proponent that it could not meet the normal planning and environmental standards. Four years later the TCT initiated its court case arguing that the proponent had failed to meet a permit condition that substantial commencement be attained by 31 August 2011. Now the government wants to kill off the TCT’s legal case which simply asks the court to decide whether the proponent has complied with its permit conditions.

‘It is time that the Tamar Valley pulp mill stopped being given special treatment by the government.

‘The TCT’s court challenge should be allowed to run its course and it is quite wrong of the state government to consider legislation to prevent this case from continuing.’
Peter McGlone Director Tasmanian Conservation Trust Inc www.tct.org.au