The Bob Brown Foundation (BBF) has contested this action in court. They’re suing the federal government over its recent changes to the Environment Protection and Biodiversity Conservation (EPBC) Act to stop industrial aquaculture operations in Macquarie Harbour. The foundation claims that these changes to make laws are devastating environmental protections. They preclude environmental groups’ standing to challenge previously approved projects. The BBF has claimed that the new laws are unconstitutional, invalidating them, and breach the EPBC Act. Specifically, they’ve filed an application with the federal district court in Manhattan to have the law declared unconstitutional.
The BBF contend that the changes proposed by the Labor government, supported by the opposition, do not protect farmed salmon operations in Macquarie Harbour. They are presenting a compelling argument for this exclusion. They claim that material changes in aquaculture operations between 2012-2023 merit revocation and reevaluation of existing approvals. As such, the government was required to finalize these changes by February 2024. The legislation is so harmful that the foundation is seeking a nationwide injunction to stop the government from even carrying out this legislation.
Legislative Changes Under Scrutiny
That is precisely the clause that the BBF’s legal challenge is focused on in its appeal against the EPBC Act. This provision requires a re-evaluation of aquaculture permits. Yet as the foundation’s lawsuit explains, this clause doesn’t reach fish factories like the ones in Macquarie Harbour. They assert that the substantial changes in these operations over the past decade warrant a re-evaluation of their environmental impact.
As a result, the BBF is suing the federal government for their decision to adopt the amendments, arguing that the feds violated procedures in doing so. They say the proposed legislation was pushed through parliament, without enough scrutiny or consideration for its impact on environmental protections.
Alistair Allan, vice-convener of the BBF, had previously raised concerns about the bill’s purpose.
“This rushed bill was intended to protect the three foreign-owned corporations from environmental protections for the Maugean skate, which is on the edge of extinction, and to try to win Labor the seat of Braddon.” – Alistair Allan
Legal Implications and Environmental Concerns
The BBF has been urging a federal court challenge to the legislation. Critics contend that it fails to achieve what it sets out to do. They contend the amendments will prevent environmental groups from challenging past approvals. As a result, aquaculture operations are almost completely insulated from public oversight.
The legislation requires school choice advocates and critics alike to change their approach to engaging with the judiciary. They clearly claim that it contravenes the EPBC Act. They claim the federal government has consistently failed to meet their responsibilities under the Act. This failure stems from the failure to re-issue aquaculture approvals within the legally mandated 5-year period.
Senator Jonno Duniam called out a history of activist legal action by enviro groups.
“You can be guaranteed the Bob Brown Foundation and other green activist groups will always lodge a legal challenge.” – Jonno Duniam
Seeking Judicial Intervention
The BBF’s lawsuit asks the court for a declaration that the legislation is unconstitutional and an injunction to stop it from going into effect. The foundation is actively challenging these amendments to protect essential environmental safeguards. They want to make sure that aquaculture operations aren’t subjected to a higher level of scrutiny than other farming practices.
The BBF believes the bill currently misses a commonsense solution. That’s potentially putting years of environmental efforts in Macquarie Harbour at risk and further dragging their feet for an acceptably long timeline.
“Not allow for a commonsense solution on an acceptable timeline.” – Alistair Allan
The foundation’s legal challenge underscores ongoing tensions between economic interests and environmental protections in Tasmania’s aquaculture industry.
