Whales key in battle against salmon farm

THE impact of Tassal’s Okehampton Bay salmon farm on endangered southern right whales is central to the Federal Court case over the development.

The Bob Brown Foundation, Triabunna Investments and the Spring Bay Mill are pursuing court action against Federal Environment Minister Josh Frydenberg over his approval of the fish farm.

They have asked the court to review the Federal Government’s decision to approve finfish farming at Okehampton Bay, as well as the Government’s conduct when approving the expansion.

They want the decision declared invalid and set aside.

The case was heard in Hobart yesterday and Tuesday by Justice Duncan Kerr.

According to a list of reasons for approving the development provided by the Department of Environment and Energy last year, the department determined the development “could have a significant impact” on endangered southern right whales.

But the department said this could be reduced to below “significant” levels if Tassal complied with particular requirements.

The department subsequently approved the salmon farm.

However, according to the amended originating application in the case, the develop- ment’s opponents say the department then failed to specify that those requirements, such as particular netting and moorings, be used.

The documents also claim the department failed to consider the likely impacts of the salmon farm on the national heritage values of Maria Island’s Darlington Probation Station.

The documents argue the decision to approve the salmon farm denied procedural fairness to the Bob Brown Foundation, Spring Bay Mill and Triabunna Investments, and other members of the public, because the proposal was changed after the public consultation period.

Bob Brown said he believed evidence put to the court by the foundation was strong.

“I think there is a very clear shortcoming in the approval by the minister for the Okehampton Bay fish farm by Tassal,” Dr Brown said.

“I don’t think there were proper measures spelled out for protecting migrating whales.

“Tassal’s operation should not have gone ahead as it has.”

Tassal declined to comment.

I don’t think there were proper measures spelled out for protecting migrating whales. Tassal’s operation should not have gone ahead as it has.