The Bob Brown Foundation has taken the Albanese government to the Federal Court, challenging recent environmental law changes aimed at protecting salmon farming in Tasmania’s Macquarie Harbour.
The foundation is targeting legislation that activists say was rushed through federal parliament last week with bipartisan support.
The amendments are designed to protect the salmon industry from legal action linked to the endangered Maugean skate.
The foundation argues the legislation doesn’t apply to Macquarie Harbour operations because the law requires fish farming to be ongoing or recurring for at least five years in the same way, a condition they claim isn’t met.
They also accuse Environment Minister Tanya Plibersek of delaying a decision on the original approval for the farming operations, saying it’s now 16 months overdue, well past the February 2024 deadline.
Liberal Senator Jonno Duniam dismissed the case as “green lawfare”.
“Unless a court or a government decide to fully reject a project, you can be guaranteed the Bob Brown Foundation and other green activist groups will always lodge a legal challenge,” Duniam said.
The timing is politically sensitive, with salmon farming emerging as a central issue in the federal election campaign.
Salmon Tasmania CEO Luke Martin said the industry had anticipated the challenge but is standing firm.
“From what we’ve been told by the Australian Government and the people who drafted legislation … they’re confident it should hold against any legal challenges,” Martin said.
A spokesperson for Minister Plibersek echoed that view, telling the ABC they expect legal advice confirming the law “will apply to Macquarie Harbour. This would allow salmon farming to continue under its current environmental approval”.
