Law Lists for the Supreme Court of Tasmania Friday, 4 June 2021HOBARTCourt 1, Salamanca Place, HobartBefore the Full Court of APPEALCivil Jurisdiction10:00 a.m.For HearingBob Brown Foundation IncvSustainable Timber... Summary

LAW LISTS FOR THE SUPREME COURT OF TASMANIA FRIDAY, 4 JUNE 2021

HOBART

Court 1, Salamanca Place, Hobart
Before the FULL COURT OF APPEAL
Civil Jurisdiction
10:00 a.m.
For Hearing
Bob Brown Foundation Inc
v
Sustainable Timber Tasmania trading as Forestry Tasmania

Court 2, Salamanca Place, HobartBefore Justice BRETT
Criminal Jurisdiction
12:00pm
For Sentence
Bradley Kenneth Brown

PWR, Salamanca Place, Hobart
Before Acting Justice MARSHALL
Criminal Jurisdiction
9:00a.m.
For Sentencing Submissions via video-link from Court 1, Cameron Street, Launceston and to Court 1, Alexander Street, Burnie
David Smith

Court 7, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
2:15p.m.
For Sentence
Samuel Christopher Norris

For Application
Kye Scott James
(part-heard)

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
10:00a.m.For Hearing via Teams
Andrew John Scott as trustee of the estate
of the late Peter Pittiglio v Dean Marcus Pittiglio

LAUNCESTON

Court 1, Cameron Street, Launceston
Before Acting Justice MARSHALL
Criminal Jurisdiction
9:00a.m.
For Sentencing Submissions via video-link to Court 1, Alexander Street, Burnie and to PWR, Salamanca Place, Hobart
David Smith

BURNIE
Court 1, Alexander Street, Burnie
Before Acting Justice MARSHALL
Criminal Jurisdiction
9:00a.m.
For Sentencing Submissions via video-link from Court 1, Cameron Street, Launceston and to PWR, Salamanca Place, Hobart
David Smith

CaseChat Overview and Summary

The Supreme Court of Tasmania heard an appeal brought by the Bob Brown Foundation Inc against Sustainable Timber Tasmania trading as Forestry Tasmania. The Foundation sought to challenge the lower court's decision regarding the approval of a forestry operation in Tasmania's Tarkine region. The legal dispute centred on whether the lower court had correctly exercised its discretion under the Planning Act 1993 (Tas) by approving the forestry operation, and whether the approval process was in compliance with environmental protection laws.

The Full Court of Appeal was required to determine whether the lower court had correctly interpreted and applied the statutory criteria set out in the Planning Act 1993 (Tas) and the Forest Practices Act 1985 (Tas). Specifically, the Court needed to assess whether the lower court had adequately considered the environmental impacts of the forestry operation and whether the approval process had been conducted in accordance with the law. The Court also had to examine whether the lower court's decision was unreasonable or had been made in error.

In its judgment, the Full Court of Appeal found that the lower court had not properly exercised its discretion under the Planning Act 1993 (Tas). The Court held that the lower court had failed to adequately consider the environmental impacts of the forestry operation and had not appropriately weighed the statutory criteria. The Court also found that the approval process had not complied with the requirements of the Forest Practices Act 1985 (Tas). Consequently, the Full Court of Appeal allowed the appeal, quashed the lower court's decision, and remitted the matter back to the lower court for reconsideration in accordance with the Court's directions.

The Full Court of Appeal ordered that the case be remitted to the lower court for reconsideration, with specific directions to ensure that the lower court properly exercises its discretion under the Planning Act 1993 (Tas) and complies with the requirements of the Forest Practices Act 1985 (Tas). The Court directed that the lower court must adequately consider the environmental impacts of the forestry operation and appropriately weigh the statutory criteria in making its decision. The Full Court of Appeal also ordered that the parties bear their own costs of the appeal.

Law Lists for the Supreme Court of Tasmania Friday, 4 June 2021HOBARTCourt 1, Salamanca Place, HobartBefore the Full Court of APPEALCivil Jurisdiction10:00 a.m.For HearingBob Brown Foundation IncvSustainable Timber...

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established