On 30 April 2009 Lawyers for Forests appealed the 9 April 2009 decision. This case resulted in the dismissal by the Full Federal Court of an appeal of a judicial review of a decision made by the Minister of the Environment Heritage and the Arts. As a result, the decision by the Minister to approve the construction and operation of a pulp mill at Bell Bay in Tasmania continues to stand.
In April 2007, Gunns Limited referred a proposal to construct and operate a pulp mill at Bell Bay in Tasmania to the Minister of Environment, Heritage and the Arts. The mill, once operational, is to discharge effluent into the Bass Straight that may have an adverse effect on a Commonwealth marine environment. As a result, the proposed action was determined to be a controlled action under the Environment Protection Biodiversity Act 1999 (Cth), requiring the approval of the Minister.
Before making his decision the Minister considered public comments and several marine impact assessment reports.
In October 2007, the Minister approved Gunns Limited's proposal, subject to a number of conditions. One condition is the development and operation of an Environmental Impact Management Plan in order to ensure that the mill has no adverse impacts on the Commonwealth marine environment. Other conditions require additional testing regarding the impacts of effluent on the Commonwealth marine environment.
Lawyers for Forests sought a judicial review of the decision by the Minister under Administrative Decisions (Judicial Review) Act 1997 (Cth) on eight grounds ranging from a failure by the Minister to take into account 'the precautionary principle' to several allegations that the Minister improperly exercised his power.
All of the eight grounds were rejected at first instance (Federal Court decision of 9 April 2009) and on appeal (3 September 2009).