The Federal Court has put a halt on the state government’s plan to immediately reopen four-wheel-drive tracks in the Tarkine.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
The court on Wednesday said the government would have to either:
- send plans to reopen four-wheel-drive tracks in the Tarkine to the federal Environment Minister for approval;
- risk having the issue sent back before the Federal Court judge who originally found that the works would negatively impact Aboriginal heritage in the area;
- or abandon plans to reopen the tracks
The decision follows an appeal by the government against a decision made by Justice Debra Mortimer federal court who ruled the move would negatively impact Aboriginal heritage in the area.
The state government in 2014 wanted to reopen tracks closed by the previous government to prevent Aboriginal sites being damaged.
The Tasmanian Aboriginal Centre sought an injunction on the plan shortly after.
The court in its new decision accepted undertakings from the state government that it would consider its planned actions for reopening the tracks and would either refer the proposal to the federal Environment Minister, or if referral was not deemed necessary, notify the Tasmanian Aboriginal Centre at least 30 days before works commenced.
It found that the works required to reopen the tracks were actions under the Environment Protection and Biodiversity Conservation Act and potential heritage impacts should be considered under the act.
The court remitted the matter to Justice Mortimer to “bring finality to the proceeding” though no timeframes had been set for a further hearing, given that the government may decide to refer the matter to the Federal Environment Minister Josh Frydenberg.
Environment Minister Matthew Groom said the government remained committed to reopening the tracks.
“The decision gives certainty to the processes that are required to be undertaken in relation to improving access in the Arthur-Pieman Conservation Area,” he said.
Tasmanian Aboriginal Centre chief executive Heather Sculthorpe said the state government had one last chance to redeem itself from “an enduring legacy of hypocrisy” by finding other areas for off-road vehicles.
“The state must now stop wasting even more taxpayers’ money and let go of its illegitimate proposal to open the tracks without regard to Aboriginal heritage or federal legislation,” she said.
Braddon Labor MHR Justine Keay said she had written to Mr Frydenberg about the issue following a meeting of various stakeholders in Smithton last month.
“I hope now the State Government can work with its federal counterparts to reopen tracks in the area,” Ms Keay said.
“I also encourage the federal minister to work with the state government to involve all relevant stakeholders in any future management arrangements for the area.”
