Tas: Basslink illegal says environmental lawyer

AAP General News (Australia)
08-13-2001
Tas: Basslink illegal says environmental lawyer

By Don Woolford

HOBART, Aug 13 AAP - The $500 million project to link Tasmania with the national electricity
grid was illegal due to the damage it would cause to a World Heritage area, an environmental
lawyer said today.

David Haigh, a senior law lecturer at Townsville's James Cook University, said federal
Environment Minister Robert Hill was legally obliged to stop the Basslink project.

He said Senator Hill's reaction would set a major precedent for the management of World
Heritage areas.

If the project was allowed to proceed, the federal government would be condoning such
areas to "death by a thousand cuts".

Mr Haigh prepared formal advice for Tasmanian Greens Senator Bob Brown, who said he
would send a copy to Senator Hill with a demand that he intervene.

Basslink's main environmental problem, according to Mr Haigh and Senator Brown, is
that at times of high mainland electricity demand - typically on hot summer days when
every air conditioner in Melbourne is running - Hydro Tasmania will have to release huge
volumes of water to generate extra energy to meet the demand peak.

They say water surges will damage sensitive river systems, particularly the Gordon
River in the Tasmanian Wilderness World Heritage Area.

Rivers banks will be eroded, habitat lost, and fish and native animals, including platypus,
will be killed.

The Hydro has admitted that water surges will cause damage, but has promised a $2 million
annual mitigation program.

But Mr Haigh said this was inadequate under the World Heritage Convention, which prohibited
any damage for development purposes.

Mr Haigh also rejected as "death by a thousand cuts" the argument that some damage
was acceptable provided the values lost were represented in other parts of the area.

He said it was not certain whether the issue fell under the World Heritage Properties
Conservation Act or the later Environmental Protection and Biodiversity Conservation Act.

But, either way, Senator Hill was legally obliged to protect the area from damage, Mr Haigh said.

If he did not, third parties could take Federal Court action against the Environment
Minister for failing in his duty.

Mr Haigh said Basslink was being closely watched overseas, where developers were also
keen to access World Heritage areas.

Allowing the project to proceed would open a Pandora's box while destroying Australia's
environmental credentials.

Senator Brown said it was not possible to go ahead with Basslink without breaking the law.

"You can't meet Melbourne's demand for air conditioning without hurting the river," he said.

Senator Brown said the reaction of Senator Hill and federal Labor would influence the
Greens' preference decisions in the federal election.

AAP dw/las/br

KEYWORD: BASSLINK

2001 AAP Information Services Pty Limited (AAP) or its Licensors.