Mercury (Hobart)

Court rejects challenge of salmon caps

- LORETTA LOHBERGER

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.

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