Court rejects challenge of salmon caps
SALMON producer Huon Aquaculture’s case against the federal environment minister and competitors Tassal and Petuna over fish numbers in Macquarie Harbour has been dismissed by the Federal Court.
Justice Duncan Kerr handed down his decision in Hobart yesterday.
Huon Aquaculture had sought a declaration from the court that the minister’s 2012 decision to expand salmon farming in the West Coast harbour was invalid.
The matter was heard in March and the minister, Petuna and Tassal all denied the decision was invalid.
Justice Kerr accepted Huon Aquaculture’s directors, Frances and Peter Bender, “each hold the belief that the increased intensity of fish farming in Macquarie Harbour has been responsible for a deterioration in its water quality”.
“The court accepts that … Huon has brought these proceedings in the belief that the conduct it, Petuna and Tassal collectively participated in has caused and is causing environmental harm to Macquarie Harbour,” Justice Kerr said.
He said he dismissed Huon Aquaculture’s case on discretionary grounds, particularly: THE company’s delay in bringing the matter to court. THE detriment likely to be experienced by the other two companies, especially Petuna. INCONSISTENCIES in Huon’s position regarding environmental consequences.
Huon’s executive director Frances Bender said outside court the decision was a moral victory if not a legal one.
“I firmly believe these proceedings have been a catalyst for positive change for our industry,” Mrs Bender said.
She said the fish stock limits had returned to pre-expansion levels and operations were improving.
A Tassal spokesman said that company welcomed Justice Kerr’s decision.
Environment Tasmania’s Laura Kelly said the decision was disappointing.
“Justice Kerr does not dispute that salmon farming has caused environmental harm in Macquarie Harbour. Instead his judgment adopts a bizarrely procedural and punitive position, stating that if Huon Aquaculture were concerned about this, they should have acted earlier,” Ms Kelly said.