Over the next week, EDO Tasmania will be in the courts fighting to protect the precious takayna / Tarkine from unsustainable and disrespectful development.
Statements of reasons appeal – Full Court of the Supreme Court
On Friday 19 August 2016, we will be representing the Tarkine National Coalition (TNC) in an appeal in the Full Court of the Supreme Court of Tasmania.
In this appeal, the Tasmanian Minister for Mining is seeking to overturn a decision that recognised that the TNC has standing to apply for the judicial review of decisions to grant mining leases in takayna /the Tarkine.
Despite the TNC’s tireless advocacy to have the area recognised for its World Heritage significance and listed as a National Park, the Minister is arguing that the TNC should not be entitled to a copy of the Minister’s reasons for the decision to grant the mining leases.
EDO Tasmania will be defending the Trial Judge’s finding that the TNC has the right to hold the Minister to account for decisions to approve mines in the heart of takayna / the Tarkine.
Click here to find out more about this case.
4WD tracks appeal – Full Court of the Federal Court
On Monday 22 August 2016, we will before Full Court of the Federal Court on behalf of the Tasmanian Aboriginal Centre (TAC) seeking to uphold the decision by Justice Mortimer that stopped the re-opening of three 4WD tracks through the Western Tasmania Aboriginal Cultural Landscape (WTACL).
Both the Tasmanian and Commonwealth Governments have challenged Justice Mortimer’s earlier decision, arguing that the 4WD tracks do not require approval under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). They will also be asking the Full Federal Court to find that Justice Mortimer’s interpretation of “indigenous heritage values” was too broad and, when properly confined, the impact of tracks on the indigenous heritage values of the WTACL will not be significant.
EDO Tasmania will be arguing that opening the 4WD tracks is an action that will have a significant impact on the indigenous heritage values of the takayna / Tarkine coast and must not proceed without Federal approval.
Click here for a more detailed briefing document about this case.
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