19 September 2013
The Hon Lara Giddings MP
Premier of Tasmania
Level 11, Executive Building,
15 Murray St,
Hobart Tas 7000
Dear Premier
Legislative Amendment to the Pulp Mill Assessment Act, 2007
We refer to the meeting on Friday 16th August between myself, Bryan Webster the Receivers and Managers of Gunns Ltd(Receivers and Managers appointed)(In Liquidation), and your office.
One of the topics discussed in the meeting was the implications of the pending litigation brought by The Tasmanian Conservation Trust for the Pulp Mill. We discussed legislative options for alleviating the impact of the litigation. The outcomes that we are seeking in relation to an amendment to the Pulp Mill Assessment Act, 2007 (Tas) (“the Pulp Mill Act”) would be that the Pulp Mill Permit remained valid, and was not able to be challenged by any third party.
The intention of this letter is to elaborate on how the Act could be amended in order to achieve these outcomes. We have carefully reviewed the Act and considered how it could be amended so that the desired outcome can be achieved through the simplest and most effective means possible.
Our position is that the Pulp Mill permit (“Permit”) remains valid. However, in the possible event that it has lapsed under the Pulp Mill Act, the presumption against retrospectivity under common law or as espoused in section 16 of the Act Interpretation Act (Tas) 1931 would apply so as to prevent the Permit from being revalidated through an amendment to the existing provisions of the Pulp Mill Act, if the Permit had already expired under the provisions of that Act.
We therefore think that the most prudent avenue to achieve the outcomes outlined above is for a new Act to be legislated which contains an express provision stating that notwithstanding anything in the Pulp Mill Act, the Permit is revived to the extent necessary. The new Act would also need a clause in similar terms to section 11 of the Pulp Mill Act in relation to Limitation of Rights. However in order to avoid the same risk of litigation as has occurred in relation to the current Permit, we think that the following amendments set out in the table on the following page should be incorporated in the new Limitation of Rights section.
(Table follows)
As you are aware we have agreed with the liquidators of Gunns to proceed with a joint sale process of Gunns assets, which includes the Pulp Mill, as soon as possible. If the Pulp Mill is not able to be sold as part of a package with the other assets, then there is real doubt as to whether it could be sold at all. The litigation that is pending in relation to the Pulp Mill imposes a considerable barrier to the sale of the Pulp Mill.
The timing of the passage of the amending legislation is therefore critical to the sale strategy of the Gunns assets. We seek confirmation from your Office of the likely time frame in which the amending legislation could proceed and seek your commitment to secure its passage in the November sittings of Parliament.
We would be happy to discuss these amendments further with you and please do not hesitate to ask us any questions.
Yours faithfully,
Mark Korda
Receiver and Manager
Ed: Typed as per letter with conjoined words, odd capitalisation and illiterate punctation (then again I suppose it’s only a letter to the Premier of Tasmania …)
Download, read for yourself: AA130919_-_L_-Legislative_amendment_to_the_Pulp_Mill_Assessment_Act_2007_(._._._.pdf
• ABC: Cabinet backs pulp mill legislation in first meeting without Greens
• Examiner: Crean gives Gordon the thumbs up
• Stop Tamar Valley Pulp Mill Rally: 22nd January from 6-7.30pm. Tailrace, Waterfront Dr, Riverside
EARLIER ON TASMANIAN TIMES:
• John Lawrence: How Lara Giddings comprehensively failed … and why her demise is certain
• Liquidators’ gravy train rolls along
• Lara Giddings: Parliament to be recalled
• John Hawkins, in Comments: The ANZ is behind this. To voice our discontent all those who can should withdraw their money from this rogue bank ASAP. TAP did tell the ANZ that Gunns was a toxic company trying to build a critically non-compliant mill. This concept of a mill only survives due to the corruption of due process; think the PMAA and these permits. The ANZ saved hundreds of millions when they withdrew finance thanks to Tasmanian protests. ANZ Get out of our hair, get out of Tasmania, and go and screw some other unsuspecting law-abiding group of people. You lent money to a dud; take it on the chin. Do not change our laws using complicit pollies to save face through your Liquidator.
• Peter Henning, in Comments: It will be interesting to see the extent of ‘limitation of rights’ written into the amendment of the permit and section 11 of the PMAA. Watch for the investor- state dispute settlement (ISDS) clauses ( Tell me a story … about free trade ), which will override environment, human safety and wages laws now in place. Another obvious question needs to be asked about this letter and its timing. What’s the fit with the Giddings’ government Ferguson committee?
• Gunns’ receivers called on to release updated information
• On Guntree today: Pulp Mill for Sale …
• Kim Booth: The Pulp Mill; We must all take a stand
• Bryan Green: Pulp Mill Legislation Released. Read for yourself:
http://www.premier.tas.gov.au/__data/assets/pdf_file/0008/216908/PMAAmendmentV8Web.pdf
• Abhorrent, says Nick McKim “Just as Robin Gray did for the Wesley Vale proposal, and just as Paul Lennon did for Gunns Ltd, now we have Lara Giddings and Will Hodgman backing more abhorrent legislation designed to cut the Tasmanian people out of having a say in their future.”
• Korda Mentha responds to TWS written request for release of Pulp Mill information, Download:
20140121-CRS-L-GunnsWildSoc-ASM.PDF
• Vica Bayley: KordaMentha refuse to release updated information – what is there to hide?
• ABC: Palmer United Party names former integrity commissioner Barbara Etter as Denison candidate Ms Etter plans to campaign on a platform of integrity in government. “In Tasmania, we should not be afraid of using the “c word” – “corruption” – where it is warranted,” she said. “In this respect, definition is all too important but ‘corruption’ can clearly cover issues such as process corruption and noble cause corruption. “What’s more important than the labels that we might choose is community perception, and trust and confidence in our politicians and government. “Honesty, openness and accountability in government in Tasmania has been sadly lacking, and I think that’s an area that the Palmer Party will be keen to focus on to bring back confidence and trust in our politicians and our government.” Ms Etter is a former Assistant Commissioner with Western Australia Police.
