Battle over salmon farming law change spills into court

Bob Brown's environmental group has lodged a legal challenge against federal law changes to protect salmon farming in a remote harbour.

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Conservationists are waging a court battle against changes to Australia's environmental laws to ensure salmon farming's future in a remote harbour. Login or signup to continue reading The Bob Brown Foundation on Monday applied to the Federal Court after the Labor government's legislation passed federal parliament last week with coalition support. The reforms reduce the ability to challenge federal environmental decisions.

Former federal Greens leader Bob Brown also flagged a desire to keep the issue firmly in the election campaign spotlight, amid a battle for key seats in Tasmania. The law changes are intended to stop the environment minister's review of salmon farm approvals in Tasmania's Macquarie Harbour, sparked by a 2023 challenge by green groups aiming to protect an ancient fish. The west coast harbour is the only home of the endangered Maugean skate, with scientific advice recommending a reduction or removal of salmon farms to improve water quality.



Greens senator Sarah Hanson-Young and other critics say the changes were rushed and designed to attract votes in the seat of Braddon, which is held by the Liberals and targeted by Labor. Among the changes, the laws remove the environment minister's ability to reconsider previous decisions if they relate to something that has been occurring for five years or more. "Our barristers will argue that (Prime Minister Anthony) Albanese's carve-out for polluting salmon farms does not apply to Macquarie Harbour," said Alistair Allan, foundation campaigner and Greens federal election candidate in Lyons.

The foundation argues salmon farming operations in the harbour have changed significantly across the last five years and have not been undertaken in a "recurring" sense. "Whether it be excessive feed, changes in production, joint ventures in companies. This industry has chopped and changed," Mr Allan said.

The legal action also asks the court to order the environment minister to make a decision regarding the approval of fish farming in the harbour, the foundation says. Industry body Salmon Tasmania declined to comment on the legal action, but on Thursday said a challenge by "cashed-up activist organisations" was expected. The law changes had provided certainty for workers and their families, the industry body's CEO Luke Martin said.

"We can only have faith the parliament has passed laws that will stand up to any test," he said. The industry points to surveys saying the Maugean skate population has stabilised, as well as a captive breeding program and recent improvements in harbour health. No hearing dates have yet been set, but Dr Brown says he wants the Federal Court to deal with the matter urgently.

He said the prime minister and opposition leader were wrong if they thought rushing the reforms through parliament would take the item off the agenda. "This campaign will keep going until those fish farms are out of Macquarie Harbour," Dr Brown said. The aquaculture industry has been under increasing pressure in Tasmania after the deaths of 6300 tonnes of salmon in the state's southeast during a bacterial outbreak.

Labor has been contacted for comment. Australian Associated Press DAILY Today's top stories curated by our news team. Also includes evening update.

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