Planning Minister David Llewellyn said yesterday that the Government was instead "playing it safe" in pushing through amendments to its Pulp Mill Assessment Act before Parliament rises for the summer break.

Gunns spokesman Matt Horan said that the permits were Government business and that the company's only comment was that it welcomed the Government's continuing support for the project.

However, it is understood that workmen clearing land for construction at the Bell Bay site were removed several weeks ago when the company realised that the permits had lapsed.

It is also understood that the Government moved to amend the bill to avoid the matter being taken to court.

Yesterday, Bass Greens MHA Kim Booth labelled the Government's actions as hypocritical.

But Mr Llewellyn said that the amendment in no way altered or weakened the environmental criteria that the mill had to meet.

Environment Protection Authority director Warren Jones had sought legal advice from Solicitor-General Leigh Sealy on whether the Pulp Mill Assessment Act 2007 would over-ride the expiry, in August of schedules LU1, LU2, LU3 and LU4 issued under the Land Use Planning and Approvals Act 1993.

These permits expire after two years unless:

•The relevant planning authority has granted an extension of the permit, or

•There has been substantial commencement of the activity.

"There are differing views about this issue that without legislative clarification could only be resolved by a court," Mr Llewellyn said.

He said that given the complexity and size of the project, it was reasonable to extend the permit until August 30, 2011, to allow the company to "substantially commence," the project.

The amended legislation would also make it clear that any permits under LUPAA that might be deemed "lapsed, have not lapsed", Mr Llewellyn said.