Sydney-Law.com
ANALYSIS REGARDING WHETHER MINISTER TURNBULL:
A.
is a Liar ?
B.
has Acted Fraudulently ?
WHAT THE MINISTER DID
1.
The minister made the following statements regarding the matter in his NEWSLETTER published subsequent to his approval which has reportedly been widely circulated to his Wentworth constituents via print media:
(a)
"There will be no additional logging needed to support the mill. The economics of the mill are based on adding value to woodchips which would otherwise be exported to overseas pulp mills (all of which would have less stringent environmental conditions than those I have imposed on the Tamar Valley pulp mill.)"
(b)
"Wood supply issues are not subject to assessment under the EPBC Act so long as the wood supply, as is the case here, is covered by a Regional Forestry Agreement."
2.
According to Gunns the Pulp Mill proponent, the rate of woodchip consumption to feed all of its mills will increase from 3.4 million tonnes per annum (Gunns Ltd Annual Report 2006-07 - 1.3mb PDF) to 6.8 million tonnes per annum (Bell Bay Pulp Mill, Draft Integrated Impact Statement, Vol. 1: 6-249 - 11.7mb PDF)
3.
By reason of 2, the minister's statement at 1(a) above, is blatantly FALSE.
4.
At the minister's department website, the Recommendation Report at paragraph 64 cites:
(a)
section 38(1) of the EPBC Act (Part 3 not to apply to certain RFA forestry operations);
(b)
and section 75(2B) of the EPBC Act (Does the proposed action need approval?);
to apparently justify the statement at 1(b) above.
5.
However, it seems :
(a)
the Bleached Kraft Pulp Mill and its co-located Forest Furnace Power Station, are not RFA forestry operations that are undertaken in accordance with an RFA (as per the section 38(1) of the EPBC Act exemption);
(b)
and section 75(2B) of the EPBC Act deals only with, if the Pulp Mill requires a Commonwealth approval, NOT the actual approval process pursuant to Part 9 of the EPBR Act.
6.
So apparently, the minister IS required to undertake the mandatory considerations as required by the Part 9 section 136 of the EPBC Act which includes:
(1)(b) economic and social matters AND (2)(a) the principles of ecologically sustainable development (as defined at section 3A of the EPBC Act) in the context of 2 above, when there is to be a doubling of Gunns consumption of woodchips in order to feed its existing requirements and the Pulp Mill requirements.
However, by reason of the minister's FALSE statement at 1(a) above, the minister has chosen to willfully or negligently not take into consideration a doubling of the Gunns consumption of woodchips (and the resulting water crisis* implications):
(a)
in his reasoning to approve the Pulp Mill under Part 9 of the EPBR Act, when he has the fundamental requirement to provide for the protection of the environment;
(b)
and in his further duty of care as a Minister of the Crown owed to the Australian people to bring natural justice to the disgusting and obviously corrupted approval process undertaken by the Lennon Tasmanian government and especially to those that have been disenfranchised by this conduct which the minister himself described as, undermining the trust of the people of Tasmania.
7.
By reason of 4, 5 and 6 the minister's statement at 1(b) also appears false, AND as such, the minister appears to have improperly assessed or not assessed at all, the mandatory considerations, pursuant to section 136 of the EPBC Act AND considering that the minister considered that wood supply issues were irrelevant, why did he find it necessary to make the false statement at 1(a).
8.

FURTHER, the mandatory considerations are dealt with at Attachment 16 Legal Obligations as listed in the Recommendation Report of the minister's department. However Attachment 16 makes multiple references to "Attachment B" back in the Recommendation Report. THE PROBLEM IS Attachment B appears not to exist as it cannot be found by the writer or (as yet), by the minister's department.


* For more info on the "Water Crisis in Tasmania" SEE : www.Water-SOS.org

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THE ANALYSIS REGARDING WHETHER MINISTER TURNBULL:
A.
is a Liar ?
B.
has Acted Fraudulently ?
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