An environmental group has lost its latest court battle with a mining company that's planning to build a controversial new tailings dam in Tasmania's west.
The Bob Brown Foundation (BBF) had asked the Supreme Court to review a minister's decision to grant a mining lease over an access road to the site of the proposed dam at the MMG mine site, arguing it was being used to prevent protesters and media getting close.
But Chief Justice Alan Blow rejected all the BBF's arguments and dismissed the application, saying there was nothing to stop leases being used to prevent "inconvenient protest activity".
"Members of the public have a right to protest. However the Minister was not obliged to prefer the interests of protesters to those of MMG," Chief Justice Blow wrote.
"It was open to him to conclude that protest activity was likely to interfere with the use of Helilog Road by MMG, and to take that possibility into account in deciding whether to grant it a lease over Helilog Road."
The Tasmanian government and MMG have sought costs from BBF but Chief Justice Blow is yet to make a ruling.
Outside the court, former Greens leader and BBF founder, Bob Brown, said the Chief Justice's decision didn't "stack up".
"He has just said it's up to the minister to invent reasons that aren't in the law to issue a lease to favour a mining company against the people of Tasmania who want to protect the Tarkine forest," Dr Brown said.
"In doing so, the Justice has invented a reasoning which wasn't there when the parliament put through the laws.
"This is a case of the court determining that the corporate interests must come over those of the people and the environment."
Dr Brown said his foundation would seek further legal advice before deciding whether to appeal against the judgement before the full bench of the Supreme Court.
Premier to 'make sure' mining continues
In a Facebook post on Thursday, Premier Jeremy Rockliff said "we back mining here in Tassie".
"There are some that want to our mining sector, along with our fishing, forestry and farming sectors shut down. [Tasmanian Resources Minister] Felix Ellis MP and I are going to make sure that doesn't happen.
"Our resourced-based industries are essential to our success and regional Tasmanians have every right to go about their lawful business, and earn a living for their families," the Facebook post reads.
Mr Ellis said his government strongly supported the tailings project and he welcomed the decision.
"It is disappointing, but not surprising, that the radical Bob Brown Foundation continues to oppose a proposal that would help secure 500 regional jobs,'' he said.
"The Tasmanian government … has always said that it must comply with the required environmental and planning processes."
The mining lease in question was the second then-minister Barnett granted to MMG over the road.
According to court documents, MMG mistakenly initially applied for a lease to mine materials from the road area, instead of for access and control over the road.
That lease was granted but later found to be invalid, and the company applied for a second lease which was granted and has now been upheld by the court.
The Federal Environment Minister Tanya Plibersek is currently considering an application to approve the tailings dam itself under the Environment Protection and Biodiversity Conservation Act.
