Huon keeps up fight on harbour
HUON Aquaculture will serve its fourth statement of claim after a change of counsel in an ongoing battle with government regulators.
Tasmania’s second-largest aquaculture company appeared before Justice Duncan Kerr yesterday in a directions hearing alongside representatives for Federal Environment Minister Josh Frydenberg, the secretary of the Department of Primary Industries, Parks, Water and Environment, the Environment Protection Authority director, Petuna and Tassal.
Huon’s court case alleges DPIPWE and the EPA are failing to comply with conditions imposed by then-federal environment minister Tony Burke in 2012 following his approval of marine farming expansion in Macquarie Harbour.
Mr Burke approved the ex- pansion after determining it did not need to be a controlled action under the Environment Protection and Biodiversity Conservation Act, as long as certain environmental conditions were met.
Huon’s case seeks a determination on whether the conditions set by that decision are effective and enforceable, and questions the validity of Mr Burke’s decision.
The court heard yesterday Huon changed counsel to Peter Gray QC earlier this month and proposed to serve a fourth statement of claim.
Lawyers for Petuna argued against this because of an increase in costs to all parties due to Huon’s “poorly articulated pleading.”
Justice Kerr said the amendments to their claims would “crystallise” the issues the court had to consider and ordered Huon pay costs for yesterday’s hearing.