LEGISLATION has been introduced into State Parliament today to extend the permit for Gunns Ltd's proposed $2.2 billion Bell Bay pulp mill until August 30, 2011.
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Energy and Resources Minister, David Llewellyn, said the extension would clarify the legal status of the Pulp Mill Approval Permit and allow the company to "substantially commence the project".
"This amendment in no way alters or weakens the environmental criteria that the mill has to meet."
Mr Llewellyn said that at the time the Pulp Mill Assessment Act was passed it was not thought necessary for it to contain a date at which the Permit would cease to exist.
"Nor was it considered necessary to specifically address provisions relating to the expiry of permits, licences or other approvals contained in other Acts that may apply to the Pulp Mill.
"Last month the Government received advice from the Solicitor-General that uncertainty had arisen about whether the pulp mill permit had an expiry date, and if so, whether the date had passed.
"There are differing legal views about this issue that, without legislative clarification, could only be resolved by a court."
Mr Llewellyn said that because of the size and complexity of the project and it not going ahead as fast as envisaged, clarifying legislation was needed to end the legal uncertainties.
"In addition, without legislation to clarify the legal uncertainty regarding the lapse of approvals contained in the Pulp Mill Permit, it would be difficult for statutory regulators to regulate the project."
Mr Llewellyn said that given the complexity and size of the project, it was reasonable to extend the Pulp Mill Permit until August 30, 2011.
"The legislation will also make it clear that any permits under LUPAA that may be deemed to have lapsed, have not lapsed.
"The Government has shown with its extensive reform agenda that it is prepared to confront issues and deal with them quickly and decisively," Mr Llewellyn said.
He said the global recession had played a part in delaying progress on the mill and it would make no sense to allow legal uncertainties to jeopardise its chances of success.
The Wilderness Society said the credibility of the Bartlett Government has again been undermined by its action in extending the expiry date.
“Premier Bartlett has not only stepped over his line in the sand, he has washed it away completely. He has let down the Tasmanian public who want to see an end to the pulp mill debacle,” said Vica Bayley, spokesperson for the Wilderness Society.
Over a year ago, the Premier set a deadline after which his government’s support for the mill was supposed to end, he said.
