Dear Ralphies and supporters

It has been a two week rollercoaster ride for SRB Inc. in both Houses of State Parliament and, last Thursday, at Parliament House in Canberra.

The upshot of it is, we are bound for the RPDC and a Project of State Significance (PoSS) assessment, but WITH the Ralphs Bay Conservation Area as we know it, intact. Thanks to the concerted lobbying of Legislative Councillors - and the brave resistance of Labor MLCs, Lin Thorp, Allison Ritchie and Terry Martin - the Lennon Government did not succeed in removing the sandflats from the Conservation Area. That’s a huge plus. Now it will be up to the proponent to convince the RPDC, against all the weight of available science, that the 90 hectares Walker wants is of negligible conservation value. It’s going to be difficult for them, but we’ve also got to make sure by being super organised and effective in gathering together the evidence and experts for our case.

As we know, ALL of Ralphs Bay is of high conservation value. To name just a handful of relevant information sources ... Forty years of data sets from Birds Tasmania, the Register of the National Estate, the RPDC Background Report on the Bruny Bioregion, the State of the Derwent and Environment Reports, the EPBC database of significant locations, the UN Report on ecosystem services (Costanza et al 1997) make it very clear that Ralphs Bay - north and south - is of enormous environmental, social and economic value just as it is ...

And then of course, there is the IUCN-listed, critically endangered Spotted handfish. At our meeting in Canberra, the Federal Environment Minister was very quick to understand the argument for increasing its endangered status to critical at the national level.

The news was not so encouraging initially at a state level. Those of us who sat through most of the debate on the Walker Corporation Project of State Significance (PoSS) motion, and the so-called Ralphs Bay (Clarification) Bill witnessed the very worst and best of democracy in action.

The worst of it - the most disheartening - came in the last days of Winter and the first of Spring, from the House of Assembly.  We witnessed a government using the weight of its numbers and support of the State Liberals to push through the PoSS, and the illegitimate slashing of the Ralphs Bay Conservation Area from around 90 hectares, to 5.489 hectares.

The Greens, led on this issue by Nick McKim, exposed the Walker PoSS for the cynical abuse of process that it is. And it was Nick and his colleagues in the House of Assembly who demolished the insubstantial argument behind the reduction of the Ralphs Bay Conservation Area. The Liberals, sadly, chose to ignore the boundary law case put by SRB Inc, and were poorly briefed by departmental officers the day before voting in support of the bill. Given the events of the past week in the Legislative Council, I am certain the Liberals now regret the position they took.

Politically, it was an opportunity lost. After backing down on their previously strong opposition to the Walker project and the PoSS, the Liberals had a chance to demonstrate a genuine commitment to the community, coastal conservation and appropriate development standards. There is an argument for having the RPDC be the body to assess a project of this scale (although it’s one with which SRB Inc would strongly disagree) but to be party to an attempt to eliminate 90% of the Conservation Area was to be party to an abuse of process in favour of a corporation. And, at the environment’s expense. We can only hope the Liberals have learned a salient lesson for the future.

Thank goodness for the Upper House! Dr Eric Woehler from Birds Tasmania, and I briefed MLCs on Tuesday, for two hours. It was very refreshing to encounter such genuine responsiveness, and so many questions. The experience reinforced my faith in an independent house of review. On the Ralphs Bay Conservation Area (Clarification) Bill 2006, it was clear members felt it was an attempt to mislead them, and based on a false premise. Later that day, Walker Corp conceded their Conservation Area argument was lost. For this, SRB Inc owes a big thank you to Jane MacDonald who has tenaciously pursued the subject, and coordinated our legal arguments for more than a year, and to Denison MHR, Duncan Kerr SC MP, who prepared a pithy legal opinion on the matter for MLCs. We had a watertight case for retaining the boundary at low water mark, and that is where it stands today.

The extended Conservation Area of +/- 171 hectares does not come into effect until after the RPDC assesses the PoSS. My understanding is that first the Commission will examine the conservation values of this larger area, and determine whether it is ‘necessary or convenient’ to excise the 90 hectares Walker would destroy, for an assessment to proceed.  Herein, of course, lies a potential danger and it is our challenge to make sure this does not happen.

We have not yet determined the immediate future time lines, but will be on the case this week.

The meeting with Federal Environment Minister, Senator Ian Campbell was productive. Dr Eric Woehler, Jane MacDonald and I were impressed by the Minister’s genuine engagement with the issue. We sat down in the Senator’s office, went over the maps and explained the concept, discussed migratory and resident shorebirds, Derwent heavy metals, and our friend, the Spotted handfish. At the Minister’s direction, steps are now being taken to enhance its protection. It was also reassuring to hear the Minister’s adviser say the office had received numerous letters on the threat to Ralphs Bay. This appointment was arranged by Liberal Senator, Paul Calvert and his adviser, Vince Taskunas, who joined us at the meeting. Many thanks again to them both.

So, a very big fortnight. Pluses and minuses, but the Ralphs Bay Conservation Area has not been effectively handed over to Walker Corporation.  Bound as the RPDC is by a set of sustainability objectives that include; ensuring the natural resource needs of future generations are met, safeguarding the lifesupport capacities of air, water, soil and ecosystems, and avoiding any adverse impacts on the environment .... it would be extraordinary if the Commission found in favour of the proponent.

SRB Inc will be engaged with the process, every step of the way and we urge all concerned people to do the same.We have to work together, and with our many friends in government and science, to ensure what we are left with at the end of this saga is a huge, undeveloped Conservation Area covering both the north and south sections of the bay.

Cassy O’Connor