Tassal and Petuna Seafoods will be called to give evidence in Huon Aquaculture’s legal proceedings against the state government and the Environment Protection Authority.
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On Thursday, a draft order for the proceedings was presented to the Hobart Supreme Court.
Huon Aquaculture filed the proceedings in February, protesting the EPA’s alleged failure to properly regulate salmon farming activity in Macquarie Harbour.
In 2016, the EPA reduced the biomass cap in the harbour to 14,000 tonnes, which Huon Aquaculture said was not an environmentally sustainable limit.
This decision was made after the power to regulate salmon farming in Tasmania was transferred from the Department of Primary Industries, Parks, Water and Environment to the EPA on July 1, 2016, under the authorisation of Primary Industries and Water Minister Jeremy Rockliff.
Salmon farming in Macquarie Harbour was expanded in 2012, overseen by then federal Environment Minister Tony Burke.
Huon Aquaculture claimed the conditions Mr Burke imposed on the expansion were not being abided by, which was partly why proceedings were filed to the Federal Court on the same day they were filed to the Tasmanian Supreme Court.
Huon Aquaculture is one of three leaseholders in Macquarie Harbour, the others being Tassal and Petuna.
The court heard that the latter two companies would be advised of Thursday’s returns.
Tassal and Petuna will be served orders to appear in the Supreme Court in April.
Huon Aquaculture executive director Frances Bender’s affidavit was sworn on Wednesday.
Associate Justice Stephen Holt said confusion around who made the decisions regarding the provision of licences and leases in Macquarie Harbour made it difficult to determine who the first respondent in the proceedings should be.
EPA director Wes Ford is supposed to be the first respondent, but Associate Justice Holt said this may not be appropriate given the EPA itself was the ultimate decision-maker, not Mr Ford.
Associate Justice Holt implied that changing the first respondent may allay confusion.
Along with Mr Rockliff, Mr Ford will be required to give grounds for being exempted from a penalty.
Associate Justice Holt said once Mr Rockliff and Mr Ford had shown cause, counsel may be heard in relation to the chemical controls clause of the Macquarie Harbour Marine Farming Development Plan.
A general order is to be heard on Tuesday.
A directions hearing, meanwhile, will be heard on April 3.
