State off the hook in fish farm case

THE State Government is set to get itself out of Huon Aquaculture’s Federal Court case over the state of Macquarie Harbour.

Yesterday in the Federal Court, Justice Duncan Kerr accepted an application from the Department of Primary Industries, Parks, Water and the Environment and the director of the Environment Protection Authority that they should not be a party to the case by the salmon farmer against government regulators.

Justice Kerr’s decision means Huon’s case over what it claims is the poor health of Macquarie Harbour will now be against the Commonwealth when the case resumes. Justice Kerr also ordered Huon to pay the costs of the two.

“Subject to any parties filing an interlocutory order before 21 February the first and second respondents cease to become a party to the proceeding,” he said.

Justice Kerr also said because of this, the case may just go to trial rather than have any preliminary questioning. The parties will now agree to consent orders.

Huon Aquaculture brought the action early last year as a “last resort” to prevent more environmental damage to Macquarie Harbour.

Lawyer for DPIPWE and the EPA Paul Turner argued that the department and EPA director no longer needed to be parties to the case after Huon Aquaculture lodged an amended statement of claim late last year. He said Huon’s most recent claim only pursued a deci- sion from the Federal Court that the Commonwealth Environment Minister made an invalid decision about the expansion of salmon farming in Macquarie Harbour.

He said Huon was no longer seeking a decision against the State Government that it had contravened the Environment Protection and Biodiversity Conservation Act.

He said all claims that were previously sought against DPIPWE and the EPA director had been abandoned by Huon.

Huon’s lawyer Catherine Scott argued the state’s rights, interests or liabilities would be impacted if it was removed as a respondent to the case.

“We say the state cannot be taken out,” she said.

The Federal Environment Minister, Tassal and Petuna remain as parties to the case.