Bastion Point decision in Jennings' hands

Thursday, 27 May, 2010

Media release

Environment groups have called on Victorian Environment Minister Gavin Jennings to reject the environmentally damaging Bastion Point Boat Harbour proposal in the wake of today's Supreme Court decision.

The Honourable Justice Osborn, of the Supreme Court of Victoria, delivered his judgement on the case Friends of Mallacoota vs Minister of Planning and Anor.

The case, which looked at administrative process, not the merits of the case, found that Victorian Planning Minister Justin Madden had acted within the legal bounds of his responsibility.

"Minister Madden may have acted legally, but that does not condone the proposed development," said Friends of Mallacoota spokesperson Leo Op den Brouw.

During court proceedings Justice Osborn was critical of aspects of the minister's assessment. He said "the panel's reasons for its factual conclusions are far more replete ... than the minister's reasons".

He also said that building the breakwater to solve safety issues between boats, swimmers and surfers was akin to "...using a sledgehammer to crack a nut", and that the minister " doesn't ...give very good reasons if any for rejecting the panel's principal conclusions about safety...." ¹

"The judgment given today throws into question the law as it presently stands," said Mr Op den Brouw.

"What is the point of having an in-depth panel inquiry and hearing the views of the community, if the minister can then just ignore them?"

Friends of Mallacoota were represented by the Environment Defenders Office (EDO).

"Regretfully, the judgment today confirms that the environment is not adequately protected by Victorian laws," said EDO solicitor Elizabeth McKinnon.

"It confirms that the minister's discretion is so extensive that he can turn his back on his own panel's recommendations and the overwhelming objections of the community.

"This is unacceptable and must be rectified through immediate reform of the Act," she concluded.

The Save Bastion Point campaign will continue to lobby Victorian Environment Minister Gavin Jennings to accept an independent advisory panel's recommendations and reject the proposal under the Coastal Management Act.

Justice Osborn found "there is nothing in the material before the Court which supports the view that the panel's assessment was other than a careful, fair and balanced evaluation of all the material before it."²

"Justice Osborn confirmed today that the minister provided an assessment - not an approval - under the Act," said Mr Op den Brouw.

"The minister of planning's assessment is thus not binding on the minister for the environment or the East Gippsland Shire Council," he said.

"We appeal to Minister Jennings to give full consideration to the panel's conclusions and to knock this ill-conceived proposal on the head, once and for all. There is a low impact alternative possible that the panel recommended, which has broad community support and would protect Bastion Point and its unique values."

For interview

Leo op den Brouw, Friends of Mallacoota - 0428 535 192.
Simon Branigan, VNPA - 0409 087 278.

1. Transcript from Proceedings, May 10, 2010.

2. Judgment of Osborn J, Friends of Mallacoota v Minister of Planning and Minister for Environment and Climate Change, p17, para 32.