Albanese's salmon law challenged in Federal Court

Bob Brown Foundation has today made application to the Federal Court to challenge the Labor/Liberal rushed legislation exempting industrial fish farms from an environment law.

"Our barristers will argue that Albanese's carve-out for polluting salmon farms does not apply to Macquarie Harbour," said Alistair Allan, Antarctic and Marine campaigner at Bob Brown Foundation. "We are also asking the court to rule that, after 16 months delay, the Minister for Environment Tanya Plibersek must make a decision regarding the original approval of fish farming in Macquarie Harbour."

The foundation points to a clause in last week's amendment to the Environment Protection and Biodiversity Conservation (EPBC) Act requiring that 'the way in which the action (ie the fish farming) is being taken has been ongoing or recurring for at least 5 years'. It has told the court that company operations have changed significantly over the last 5 years, including joint ventures to address environmental damage and making large changes in production levels and the amount of feed used. There have also been major changes and requirements under their environmental licences.

"This rushed bill was intended to protect the three foreign-owned corporations from environmental protections for the Maugean Skate, which is on the edge of extinction, and to try to win Labor the seat of Braddon," said Alistair Allan. "Albanese's thinking that the best response to impending extinction is to back the very industry causing it is outrageous. Along with Peter Dutton, his rushing the law change has made it vulnerable to challenge."

"We are telling the court that this industry has, in fact, not been exempted from the EPBC and that the minister should no longer delay her decision on the requests for her to reconsider and halt the Macquarie Harbour fiasco.

"The science shows that the fish farms are having a catastrophic impact on the Maugean Skate. Freedom of Information documents released just before the new amendment came into effect show that the government and minister were both briefed that the likely outcome of our request for reconsideration would be that fish farms in Macquarie Harbour must be reassessed by her. Her refusal has now landed the government in the Federal Court."

"Our campaign to save the ancient and unique Maugean Skate is far from over," said Alistair Allan.

• BBF Media Release 31 March 2025
• Contact: Adam Burling, 0499176082