Late last year, the Conservation Council of SA appealed in the Environment, Resources and Development Court (ERDC) against the decision of the Development Assessment Commission (DAC) to grant approval for six tuna farms in the waters of Louth Bay near Pt Lincoln. What resulted was SA's longest Environment Court case - 3 weeks, with 20 expert witnesses. CCSA won its Appeal, thanks to the excellent work of Peter Marchant, CCSA's Aquaculture Campaigner, and Mark Parnell, the Environmental Defender's Office Solicitor.
In this case, there was uncertainty as to the impacts of the proposal. In these circumstances the ERDC stated that it could only approve the proposal if it was satisfied that it would be subject to a monitored, adaptive management regime.
An essential element of an adaptive management regime is the ability to respond to changed circumstances or increased knowledge, and the licensing/approval mechanisms available under the Development Act and the Fisheries Act were inadequate for this purpose. The appeal was therefore upheld and the application for development consent refused.:
