10 December, 2013
Government moves the goal posts to appease powerful mining interests over Maules Creek
In a move that appears designed to appease powerful mining interests, the federal Labor and Liberal parties have weakened national threatened species protections.
The Environment Legislation Amendment Bill 2013 (Fed) that was passed by the House of Representatives last night will, if passed by the Senate, empower the Federal Environment Minister to disregard expert advice on threatened species impacts when assessing development applications for major projects such as coal mines and gas fields.
It also retrospectively validates approval decisions that have failed to consider advice on threatened species.
NCC Campaigns Director Kate Smolski said the Bill could be a reaction to the Federal Court's decision to invalidate approval of an iron-ore mine in the Tarkine, and pre-empts a Federal Court ruling on a challenge to the approval of Maules Creek open-cut coal mine in the state’s north-west.
The Maules Creek legal action has been brought by the Northern Inlands Council for the Environment. The council is challenging the validity of the approval based on three grounds, including that the minister failed to consider conservation advice for the endangered plant Tylophora linearis, one of several populations of threatened species the mine would destroy.
“The December 2013 sunset clause to the amendment suggests this decision was not based on sound policy or principle,” Ms Smolski said.
“This amendment appears designed purely to satisfy powerful mining interests unhappy with earlier government decisions. It has nothing to do with the government fulfilling its duty to protect our unique endangered species.”
Ms Smolski said it was disturbing that the parliament was attempting to amend the law while a court case on the issue was still progressing.
“The constant shifting of the goal posts by governments to suit mining interests creates massive uncertainty for communities and serves only to further erode community confidence in planning and legal processes,” she said.
A judgment on the Maules Creek case been reserved and is expected this month.
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Forests and wildlife
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