The Legal Responsibilities Meander Valley's Local Council Must Uphold in the Face of the ABx DL130 Bauxite Planning Approval

Monday the 7th April 2025

As the Meander Valley community continues to raise its voice about the potential impacts of the DL130 Bauxite Project at Reedy Marsh, one thing has become clear: this isn’t just a matter of dust—it's a matter of duty.

Local government in Tasmania is not a passive bystander in planning decisions. Under the Local Government Act 1993 and a suite of environmental and public health legislation, councils carry clear and serious obligations to protect the health, safety, and environmental wellbeing of their communities.

Here’s what the law says—and why it matters.

1. Land Use Planning and Approvals Act 1993 (LUPAA)

Under Section 20, councils—when acting as a planning authority—must ensure their decisions align with the Resource Management and Planning System (RMPS). The objectives include:

Promoting sustainable development of Tasmania’s natural and physical resources
Ensuring the fair, orderly and sustainable use of air, land, and water
Actively promoting the health and wellbeing of all Tasmanians and visitors

That’s not optional—it’s the law. Councils are also required to give effect to State Policies, reinforcing their responsibility to consider air quality, water safety, and land use impacts before granting approval to any industrial activity.

2. Environment Protection Policy (Air Quality) 2004

This policy sets the benchmark for managing air quality across Tasmania. Its first objective is bold and unequivocal:

To protect and enhance Tasmania’s air quality in a manner that is consistent with the principles of sustainable development.

It also makes this critical point:

“Air emissions should be managed in a way that protects human health, amenity, and the environment.”

For a project like DL130—which may release respirable bauxite dust into the surrounding environment—this policy is particularly relevant. Council must ensure air emissions are not approved at the expense of public health.

3. Public Health Act 1997 – Section 55

This section empowers the Director of Public Health to conduct a Public Health Risk Assessment if an activity appears to pose a danger to health.

But here’s the important part:

Councils can formally request such an assessment.

In cases where the health effects of airborne contaminants like bauxite dust are uncertain or disputed, it is not only within Council’s power—but arguably their responsibility—to call on the Director to step in.

4. State Policy on Water Quality Management 1997

Tasmania’s water policies require planning authorities to consider potential pollution of water sources, including domestic rainwater tanks and natural catchment areas. This is especially important for rural residents who rely on rainwater for drinking, bathing, and growing produce—activities that could be compromised by dust fallout from ABx extractive operations.

5. Work Health and Safety Act 2012 (Tas)

While this legislation applies primarily to workplaces, it still carries important weight. When councils assess large-scale developments like quarries, they must also consider whether proposed mitigation measures meet modern standards for managing airborne contaminants and protecting community health—not just worker safety.

The Bottom Line: What Meander Valley Council Must Do

Here’s a snapshot of what the law asks of local government in this context:

Legislation / Policy	Council’s Obligation
Local Government Act 1993	Promote health, safety, and community wellbeing; act transparently and accountably.
LUPAA – Section 20	Make planning decisions that support sustainability, health, and fair land use.
Air Quality EPP 2004	Prevent developments that may degrade air quality or impact human health.
Public Health Act 1997 – Section 55	Request formal health assessments when public health risks are suspected.
Water Quality Management Policy 1997	Prevent dust and runoff from contaminating rainwater and natural waterways.

Is there a Dust Management Report right now?

No—not a final one.
What exists is a preliminary Dust Management Plan (DMP) submitted with the Environmental Effects Report. However, it is not yet final or approved, and it lacks detail in several key areas, such as:

Dust dispersion modelling,
Real-time monitoring,
Trigger thresholds for action.

Public Health Services has acknowledged that respirable dust from the site could be harmful to human health.

In this context, the law is not vague. It tells local government: Act with caution. Act transparently. Act in the interest of your community.

We believe that includes:

Withholding any planning support or endorsement for the DL130 project until a Health Impact Assessment has been conducted by Public Health Services;
Affirming Council’s legal obligation to protect the community from known or suspected health risks;
Advocating for development that is sustainable, not speculative.

Let’s make sure that every decision made about our land and our future is guided not just by economics—but by the wellbeing of the people who live here.

Let’s make sure that precaution, not pressure, guides our Counci's path forward.

Reedy Marsh Resident's Voices

For those of us who have chosen to live in the peaceful, healthy environment of Reedy Marsh, the proposed bauxite mine threatens everything we value. Our family has invested in 6.5 hectares of land on the Meander River, dedicating 75% of it to wildlife conservation. We chose this area for its tranquillity, natural beauty, and supportive community. If Meander Valley Council approves the proposed bauxite mine, all of this will be at risk—our investment, our health, and our way of living, our life dreams.

Our Water

Those of us in Reedy Marsh rely entirely on rainwater for drinking and growing our vegetables, the risks are alarming. If this mine goes ahead, our water tanks will be filled with rainwater contaminated by bauxite dust. Our vegetables will be polluted, making them dangerous to eat—for both us and the wildlife that shares our gardens. The health implications are shocking and unacceptable. Bauxite mining doesn’t just harm wildlife—it endangers human health as well. Dust from bauxite mines is known to contain radioactive elements like radium and thorium, which are harmful to both the environment and people. Long-term exposure to these elements can cause cancer and other serious health issues. If high-aluminum concentration of heavy metals in sediments are deposited in the water, it will further dissolve and deposit into fish and benthic creatures.

Our Wildlife

The endangered Wedge-tailed Eagles, with fewer than 1,000 individuals left in the wild, are among the species that stand to lose the most. These magnificent birds are extremely sensitive to disturbances from machinery, habitat destruction, and pollution. The environmental consultants themselves acknowledged in their report that a more thorough survey of the area is needed to understand the full impact on these eagles. Yet, despite the lack of proper study, the project continues to move forward. Other endangered species, such as the Tasmanian Devil and the Spotted Quoll, roam freely across the countryside, and their habitat is also at risk. While we have protected a large portion of our property for these animals, their survival depends on the surrounding environment remaining intact. We cannot allow this bauxite mine to destroy the homes of these creatures. The wildlife in Reedy Marsh is part of what makes this place special—not only to us but to future generations. The irreversible damage to their habitat from machinery, land clearing, and toxic dust would be a tragedy for Tasmania’s biodiversity.

Our River

The Meander River, which borders our property, is another victim of this proposed mine. Toxic chemicals from bauxite mining will leach into the river, damaging the ecosystem and potentially wiping out fish populations. The harmful effects of bauxite dust on marine life are well-documented in places like Malaysia, where entire ecosystems have been devastated. If this mine goes ahead, we risk creating a "dead zone" in our own backyard, where fish, birds, and other wildlife can no longer survive.

Our Call for Action

This mine is not just a development—it’s a direct threat to everything we cherish in Reedy Marsh. Our peaceful lifestyle, our wildlife, our health, and our community are all at stake. We moved here to escape exactly these kinds of industrial risks, and it is inconceivable that Meander Valley Council would approve such a project given the dangers it poses. We strongly urge the Council to reject this proposal and, at the very least, to commission an independent and thorough wildlife survey before any decisions are made. Additionally, if the mine is approved, we recommend extending Deloraine’s town water supply to Reedy Marsh to mitigate the potential health risks posed by contaminated rainwater. This is our home. It’s worth protecting

MINE WATCH - MEANDER VALLEY

The Legal Responsibilities Meander Valley's Local Council Must Uphold in the Face of the ABx DL130 Bauxite Planning Approval

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