The Tasmanian Greens have obtained further new legal advice (attached) which found that Gunns Ltd is now unable to apply for a new water permit, under the conditions set out in the Pulp Mill Assessment Act (2007).
The Greens’ latest opinion states: “…Gunns is not able to apply for a new permit under the Water Management Act… and no person or body established under the Act has power to grant any such permit or approval.”
Greens’ Water spokesperson Tim Morris MP said the advice indicates that that the pulp mull cannot proceed without breaking the conditions of the Pulp Mill Permit.
“Put simply the Pulp Mill Assessment Act (2007) was designed such that all permits, licences and other approvals for the project are part of the Pulp Mill Permit conditions. Once any component permit expires, it cannot be renewed without changes to the overarching Pulp Mill Permit, which would then require an act of Parliament,” said Mr Morris.
“Our latest advice makes it clear that because Gunns have failed to construct those dams within the specified timeframe, and they missed the boat to apply for an extension, that they cannot now attempt to start again by applying for a new permit under the Water Management Act.”
“Dams are crucial part of this project. No dams, no pulp mill.”
“It appears the only way forward for this project is if there were further amendments to the Pulp Mill Assessment Act, something the Premier Lara Giddings has stated on the public record won’t happen, and which the Greens will never support.”
“What must happen now is that the Attorney General Brian Wightman must step in and launch court action to clarify this situation by obtaining a court declaration on the Pulp Mill Permit status.”
“Mr Wightman’s claims that this would amount to ‘political interference’ are a furphy. Rather, his refusal clarify this situation through the courts is actually politicising the process. All this is doing is creating uncertainty in the community, and uncertainty for the proponent, ironically enough.”
“It’s equally ironic that if the Lennon Labor Government had followed due process in approving this project, rather than corruptly ramming through this messy legislation, Tasmania would not be in this predicament,” Mr Morris said.
Download: Additional new Legal advice from Fitzgerald and Browne Lawyers, 1 September 2011 (4pgs):
Sep1__Legal_Opinion-Dam_Permits_T_Morris_ATTACH.pdf
• Yesterday on Tasmanian Times: The Final Nail?
• CODE GREEN: Protesters stop trucks from entering pulp mill site
Members of the direct action group Code Green today participated in a protest and stopped trucks entering the Gunns Pulp Mill site. Code Green was protesting against Gunns Ltd work on the site despite the expired permit.
Two members attached themselves to trucks and were later released by the Police Rescue crew and taken to a police station in Georgetown.
April Van der Meer has been charged with Trespass, wilful obstruct and commit a nuisance, and will appear in Launceston court on 12 October. Clare Knight has been charged with trespass and commit a nuisance and will appear on 19 October in Launceston court.
A third member of Code Green, Ali Alishah, was arrested for trespass, and has been remanded in custody to appear in Launceston magistrates court tonight at 8pm.
“Today, Code Green members have acted with the support of the community groups who oppose the pulp mill as well as members of the Tamar Valley community. The community has been outraged to see earth works being resumed today. We are concerned that Gunns once again are not respecting the law and are acting with the usual arrogance,” Code Green spokesperson Jared Irwin.
“The question of substantial commencement is being determined, and may ultimately be determined by the Court. Gunns interference with the site is also interference with evidence,” Jared Irwin said.
