Plan to 'kill' Robbins Island court case stokes opponents' fury

Representatives from the Tasmanian Conservation Trust, Planning Matters Alliance Tasmania and the Australian Coastal Society say legislating to loosen building requirements in the State Coastal Policy would "kill" the ongoing Supreme Court case over Robbins Island wind farm.

Energy Minister Nick Duigan last month confirmed the government would soon table a bill amending the Policy.

He said the the proposed change would ensure communities have the water infrastructure they needed and developers would have greater certainty about the legality of their projects.

He also has said the amendment would end doubt over the legality of existing jetties and wharves around the state.

"The legislation is currently being developed. Any draft legislation will be subject to the normal consultation process," Mr Duigan said.

A lawyer for the Environmental Protection Authority told the court in May that if passed, the legislation would make the case moot.

Her case had been based on the claim that Robbins Island project developer ACEN's plan to build the wharf would contravene Coastal Policy.

The proposed wharf would extend 509 metres off Backs Bank Beach on the north shore of Robbins Island.

Supreme Court Justice Michael Daly adjourned the matter until June 28.

In a joint statement on Tuesday June 11, the three conservation groups claimed that Mr Duigan's justifications for amending the Coastal Policy were a "a smokescreen" to conceal the government's true intentions - to stop the Supreme Court case and ensure the approval of the controversial wind farm.

"The state government should let the Supreme Court decide the validity of the wind farm approval and should not attempt to amend the Coastal Policy while the court case is underway," said TCT chief executive Peter McGlone.

"Changing the Coastal Policy before the Supreme Court has heard the case would potentially prejudice those involved in the court case."

"We have the coast today here in Tasmania thanks to the State Coastal Policy, which has prevented inappropriate construction around Tasmania's coast for almost 30 years," Australian Coastal Society Tasmania co-convenor Dr Eric Woehler said.

"Retrospective enabling legislation, as proposed by the Tasmanian Government to alter one of the key planning policies in Tasmania, is an abuse of Parliamentary process," Planning Matters Alliance Tasmania state director Sophie Underwood said.

The EPA and organisations and individuals opposed to the Robins Island had appealed to the Supreme Court after the Tasmanian Civil and Administrative Tribunal (TASCAT) ruled to overturn a requirement that the wind farm shut down for five months of the year to protect migratory birds.

ACEN's proposal to construct a 100-turbine wind farm on the island was initially approved by the local council.

If completed, ACEN's $1.6 billion Robbins Island and Jims Plains project would have 900MW generating capacity - equivalent to about a third of the state's present generating capacity.

Construction would create 400 jobs and give a $600 million boost to the state economy, according to the developer.