Stop prison on reserve, locals tell federal environment minister

Sharon Webb

THE ANTI-PRISON group WRAP has called on Federal Environment Minister Sussan Ley to stop the proposed Birralee Road prison under Regional Forest Agreement contractual arrangements between the Commonwealth and Tasmania.

Ms Ley visited Tasmania for three days in January but did not visit the Brushy Creek Reserve proposed as a site for a new prison.

Linda Poulton from WRAP said allowing the prison to go ahead would a blatant attack on the National Reserve System established by the Howard Government in the late 1990s, which in turn reflects poorly on Australia’s international commitments to protect biodiversity.

Anti-prison group CROWPS criticised Ms Ley’s ‘neglect’, urging her to ‘uphold her duties as the Federal Minister for the Environment by keeping the Tasmanian Government transparent and accountable’.

But Minister Ley’s office said she has written to Tasmania’s Department of Primary Industries, Parks, Water and Environment (DPIPWE) restating the Tasmanian government’s obligations under the Private Forests Reserves Program Financial Agreement and the RFA.

A spokesperson said Ms Ley has also sought information from DPIPWE regarding the natural values of the site and any impacts on the CAR reserve system, established as part of the RFA in 1997.

He said the Brushy Creek Reserve has not been referred for assessment under the Environment Protection and Biodiversity Act (EPBC Act).

But Ms Poulton said taking any steps under the EPBC Act is being hampered because even basic details of what the State Government plans to do on the reserve have not been released.

According to Justice Minister Elise Archer’s own timetable for the prison, the planning application was meant to be lodged in December last year.

Interested parties believe the State Government is dragging out the process, wanting to appear to gain a mandate for the prison at the next State election.

Ms Poulton said, ‘We do not have even the most basic information about what the development will look like.

‘By keeping this behind closed doors, the State Government effectively is not letting anyone form an opinion on what position to take, whether that is to challenge the project under the EPBC Act or otherwise.’

Ms Poulton said the Commonwealth Government’s permission is essentially a precondition to the prison development, not necessarily as a matter arising under the EPBC Act, but by virtue of the contractual agreements between the Commonwealth and the State governing the CAR Reserve System.

‘This is why the State Government has to provide Minister Ley with their environmental consultant’s report. I believe the State Government is trying to convince the Commonwealth that carving out 16 hectares from the reserve is an acceptable minor variation of the amount of land set aside for the reserve system under the relevant agreements, and that it is not inconsistent with the agreements if this occurs so long as the remainder is formally reserved’, she said.

‘But the prison’s presence will impact not only on the area on which it’s constructed but also on the rest of the reserve and surrounding areas in a far greater way. It is obvious that such a development is completely inconsistent with the purpose of the acquisition of the reserve and maintaining the natural values of the rest of the reserve intact.

‘In my view it is patently a breach of contract, and no private landowner with similar conservation obligations would be able to get away with this. But the State Government is still trying to convince the Commonwealth that this is acceptable.’

It appears that an environmental report is a long way off,as a replacement consultant for EcoTas, who dropped out, has just begun work. A government spokesman said North Barker will be working on site ‘for a number of months’.

Spokesperson for CROWPS Aaron Reader said, ‘Our members, along with many fellow Tasmanians, are concerned that the Tasmanian Government is pushing hard to get this project across their line despite the damage that this will cause not only to the environment but also to the Tasmanian taxpayer’s pockets.’