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Environmental Defender's Office Tasmania

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Environmental Defender's Office Tasmania
NameEnvironmental Defender's Office Tasmania
Formation1980s
TypeNon-profit environmental legal practice
HeadquartersHobart, Tasmania
Region servedTasmania, Australia
MethodsLegal advice, litigation, policy advocacy, community legal education

Environmental Defender's Office Tasmania is a Tasmanian public interest legal centre providing environmental law advice, representation and advocacy. It operates within the network of Australian community legal organisations and engages with state and federal institutions, Indigenous bodies and conservation groups. As a specialist practice, it interfaces with courts, tribunals and administrative processes to influence environmental outcomes across Tasmania.

History

The organisation emerged amid Australian environmental activism linked to campaigns surrounding the Gordon-below-Franklin Dam controversy, the work of Australian Conservation Foundation, and the formation of community legal centres influenced by precedents such as Environmental Defender's Office (New South Wales), Friends of the Earth Australia and Tasmanian Wilderness Society. Early interactions involved litigation under provisions of the World Heritage Convention, the Environment Protection and Biodiversity Conservation Act 1999, and Tasmanian statutes shaped by debates involving the Huon pine protection movement and campaigns at Southwest National Park. Over decades it engaged with decisions of the High Court of Australia, the Federal Court of Australia, the Supreme Court of Tasmania and the Administrative Appeals Tribunal, alongside state agencies such as Parks and Wildlife Service (Tasmania) and corporations like Hydro Tasmania. Key historical touchpoints include cases contemporaneous with public inquiries such as the Gunns pulp mill debates, interactions with inquiries like the Forest Practices Board reviews, and alignment with national networks including the Environment Defenders Office (Australia) model and links to academic programmes at the University of Tasmania and the Australian National University.

Mission and Activities

The organisation’s mission aligns with principles championed by groups including World Wildlife Fund Australia, Conservation Council of Tasmania, Tasmanian Aboriginal Centre, and legal advocates like those trained at the Australian Centre for Environmental Law. Activities cover strategic legal advice influenced by statutes such as the Threatened Species Protection Act 1995 (Tas) and instruments like the Nature Conservation Act 2002 (Tas), policy submissions to bodies like the Tasmanian Parliament and the Commonwealth Department of Agriculture, Water and the Environment, and educational work in collaboration with institutions including TasTAFE and the Australian Institute of Criminology on regulatory compliance. It provides client services for community groups exemplified by partnerships with The Wilderness Society, Greens (Australian political party), Australian Conservation Foundation branches and local action groups such as those opposing projects at Bell Bay, Devonport, and the Tamar Valley.

Legal practice areas include environmental impact assessment matters under regimes like the Environmental Management and Pollution Control Act 1994 (Tas), judicial review in the Federal Court of Australia and Supreme Court of Tasmania, species protection actions invoking the Environment Protection and Biodiversity Conservation Act 1999, and native title considerations referencing the Native Title Act 1993 (Cth). Casework has drawn upon precedents from decisions such as Tasmanian Dam Case (Commonwealth v Tasmania), rulings of the High Court of Australia, and jurisprudence developed in matters like Minister for the Environment v Hinchcliffe. The office has provided public interest test case representation alongside peak bodies like Australian Lawyers for Human Rights and professional associations such as the Law Council of Australia and the Environmental Law Section (Law Council of Australia).

Notable Cases and Campaigns

The organisation has been involved in litigation and campaigns intersecting with controversies around hydroelectric development linked to Hydro Tasmania, forestry disputes near Franklin-Gordon Wild Rivers National Park, and industrial proposals at sites associated with Gunns Limited and the proposed Bell Bay projects. It supported matters engaging the World Heritage Committee processes, submissions to inquiries like the Tasmanian Forestry Inquiry, and interventions in proceedings concerning listed species such as the Tasmanian devil and forest-dependent flora like Sassafras and Eucalyptus regnans. Collaborations have mirrored efforts by organisations such as Bush Heritage Australia, Landcare Australia, and Sea Shepherd Conservation Society in campaigns addressing marine conservation issues in the Tasmanian Wilderness World Heritage Area and the Bass Strait.

Governance and Funding

Governance structures reflect models used by entities like the Australian Charities and Not-for-profits Commission-registered organisations and boards comprised of directors with affiliations to universities such as the University of Tasmania, law firms registered with the Law Society of Tasmania, and representatives from community groups including Uniting Church in Australia (Tasmania) environmental committees. Funding has historically combined grants from philanthropic trusts like the Ian Potter Foundation, project funding via federal programs administered by the Department of Climate Change, Energy, the Environment and Water, and pro bono support from corporate firms such as MinterEllison and Allens. Financial oversight aligns with standards under the Australian Accounting Standards Board and reporting requirements to bodies like the Australian Taxation Office.

Collaborations and Community Engagement

Collaborative partnerships include work with Indigenous organisations such as Tasmanian Aboriginal Centre, conservation NGOs like Conservation Council of Tasmania and The Wilderness Society, academic partners at the University of Tasmania School of Law, and networks including Environmental Justice Australia and Lawyers for Forests. Community engagement spans public forums in venues like Hobart Town Hall, educational workshops with associations such as Australian Conservation Foundation youth programmes, and joint campaigns with activist collectives like Seed (organisation) and Extinction Rebellion Australia.

Impact and Criticism

Impact is seen in case law shaping environmental assessment, contributions to policy reforms in Tasmania and at Commonwealth level, and strengthened access to justice for regional stakeholders including fishers in Tamar River and landholders in the Tasmanian Midlands. Criticism has arisen from industry proponents including forestry companies and development advocates who align with entities like Australian Industry Group, and commentators in outlets such as The Mercury (Hobart), asserting that litigation can delay economic projects and create regulatory uncertainty. The organisation’s interventions continue to prompt debate among policymakers in forums like the Tasmanian Parliament and national policy discussions involving the Council of Australian Governments.

Category:Environmental organisations based in Tasmania