Letter to the editor, Tasmanian Times, 6 September 2017
There have been some incorrect claims on Tasmanian Times and in other media that the permits for the Tamar Valley pulp mill have expired. These include the false claim in the Mercury, which provided a headline to its story last Thursday that ‘Permits expire to end pulp mill saga’, (31 August 2017).
Unfortunately, the permits for the Tamar Valley pulp mill remain valid after 30 August 2017, at least for now.
Most of the reporting has been based on the opinions of a few people who don’t seem to provide any evidence as to why they believed the permits become invalid after 30 August 2017. I think that a number of people have been caught out not reading the relevant sections of the 2014 ‘doubts removal’ legislation.
Clause 4 of the Pulp Mill Assessment Amendment Act 2014 states:
“(4) The Pulp Mill Permit lapses if the project is not substantially commenced before the end of the period of 10 years commencing on the date on which the Pulp Mill Permit came into force.”
The 10 year period of the permit ended at midnight on 30 August 2017 but substantial commencement has not been determined. Neither the 2014 legislation or the original permit defines what constitutes substantial commencement. It is left to a third party to apply to the Supreme Court to determine whether substantial commencement has not been achieved and therefore the permits have lapsed. Alternatively the parliament could pass legislation that revoke the permits.
These are the only ways of determining the status of the permits and until the Parliament or Court acts, the permits remain valid.
The 2014 legislation prevented legal challenge until after 30 August 2017. The TCT is now investigating its legal options to determine the status of the permits. I personally would like absolute certainty that the permits for the pulp mill are invalid rather than hoping that an other development goes ahead on the site.
I note that Korda Mentha has not said it has withdrawn the pulp mill permits from sale, only that they are also trying to sell the land seperately to the permits.It remains to be seen which sells first and if another development can be approved on the site while the pulp mill permit is valid.
The Mercury attributed a comment to Korda Mentha that they will “not contest the lapsing of the permits”. If this is what they said and it is too be believed, it only means they would not contest a court case take by others. I have phoned Korda Mentha seeking clarification regarding this point and whether they will withdraw the permits from sale, but have not yet received a reply.
