By JAYNE SAFIHAO
THE National Court has refused an interim injunction sought to stop the construction of the deep sea tailings placement (DSTP) by Ramu NiCo (MCC).
Justice David Cannings made this ruling last Friday. The trial, however, continues.
Seen as a double victory for MCC, the Chinese developer can now continue work on the DSTP but has been restrained from dumping any rubbish through the deep sea tailings placement or by any other means except by a National or Supreme Court directive.
In the ongoing DSTP tussle between landowners and the developers over environmental issues arising, arguments were over the building of the pipes and the subsequent laying of them, if they would cause serious harm, whether MCC had abided with environmental laws or had statutory approvals for the work on hand and that the DSTP is not a permitted activity under the Environment Act 2000.
Cannings, when handing down his ruling considered MCC’s arguments that the DSTP was authorised by the Ramu Nickel Environmental Plan 1999, that approval was sought from Department of Environment and Conservation under the now repealed Environmental Planning Act 2000, particularly section 136.
He also stressed that statutory approvals were given to MCC to build and operate the DSTP.
Cannings, however, took into account that the DSTP would not be operational until next February and would involve minimal damage as well as considering the incurred costs to MCC if the March 19 injunction continued.
He, therefore, refused the granting of an interim injunction in the terms sought by the plaintiffs and that a directions hearing for a trial will be heard on the morning of Nov 5.
Plaintiff in the current proceeding is Louie Medaing for himself and the Medaing family (18 others) of the Tong clan and the Sawang families (20 others) of the Ongeg clan.