Bob Brown
The ability of state governments to curtail anti-logging and mining protests has been clipped by the High Court, in a landmark ruling. Source: The Australian
Australia’s highest court earlier today struck down parts of Tasmanian legislation allowing protesters to be banned from forestry areas, ruling they overly impinged on the Constitution’s implied freedom of political communication.
Tasmanian solicitor general Michael O’Farrell SC is still assessing the implications of the 183-page judgment, and the Liberal state government is yet to say whether it will seek to introduce amended laws.
Former Greens leader Bob Brown took the case to the High Court, along with Tasmanian nurse Jessica Hoyt, after both were arrested near a controversial logging site in the state’s northwest in January 2016.
Dr Brown joined human rights advocates in hailing the six-to-one majority judgment a victory for the environment, democracy and the freedom to protest.
“I am delighted with the judgment by the High Court of Australia,” Dr Brown said. “Today is a great day for the forests, wildlife and all of nature in Tasmania and around Australia. And a great day for the fundamental right of Australians to peaceful protest.
“This judgment puts a brake on corporations wanting communities sidelined so they can plunder Tasmania’s unique and job-rich environment, not least its ancient rainforests and tall eucalypts.
“Those calling for harsh penalties against peaceful citizens protesting Adani mine have been put back in their place by the High Court.”
Premier Will Hodgman was defiant, saying the law — the Workplaces (Protection from Protesters) Act 2014 — delivered on an election promise to protect forest workers from protests that impinged on their right to attend work safely and unmolested.
“We went to an election promising to do something about it and as a government we introduced laws to do something about it and our commitment remains,” Mr Hodgman said.
“We are very strongly in support of workers and we will do what we can to protect them in their workplace.
“We will of course take the time to appropriately consider the decision of the High Court and what further actions we might appropriately take to protect and stand up for Tasmanian workers.”
The court held that protecting businesses from protesters obstructing their operations was a “legitimate purpose” but that some of the laws’s provisions went too far and were unconstitutional.
“Those provisions were not reasonably appropriate and adapted, or proportionate, to the pursuit of that purpose in a manner compatible with the maintenance of the system of representative and responsible government that the Constitution requires,” a court judgment summary said.
