The environmental protest is woven into Tasmania’s identity.
Many protests have shaped the state and sparked waves around the world: the Franklin River Reservoir, the sit-ins of the “forest wars,” the Gunn pasta factory proposed for the Tamar Valley.
But environmentalists, unionists and human rights lawyers say the laws just passed by the upper house will forever change the face of protest in the state and change its identity.
What exactly are these laws?
Basically, they are changes to the state Police Offenses Act, primarily the crime of entry.
There are a couple of key tweaks: people who commit any action that obstructs a business face fines of up to $ 8,650, double what they were before, or a prison sentence of up to 12 months.
If this offense is considered to have caused “a serious risk” to his or her safety or to another person, the fine increases to a maximum fine of $ 12,975, or up to 18 months in prison.
If this is the second time this serious risk has been caused, the maximum fine is increased to $ 21,625 or up to two and a half years in prison.
The law changes also significantly increase the maximum fines for public nuisance, including blocking vehicles or pedestrians on the street, from $ 519 to $ 1,730.
Fines for organizations will also increase dramatically: a corporate entity that obstructs a business will face a fine of up to $ 103,800.
On Thursday night, a majority of members of the upper house voted in favor of the amendments put forward by the government, which aim to prevent vulnerable people, such as the homeless, from being trapped by the laws.
Workers tried, unsuccessfully, to amend the laws to exclude workers who participated in industrial actions or protests in their own jobs.
When it meets again in August, the Legislative Council has yet to vote on a third reading of the bill and it is almost certain that a majority of members will approve it.
The amended legislation needs to be re-passed by the lower house before it becomes law, but basically that is guaranteed with the support of Liberals and Labor.
The Tarkine, in the northwest of the state, has been a major focus for protesters. (Twitter: Bob Brown Foundation)
Why has the government done this?
If protest is part of Tasmania’s identity, proposing anti-protest legislation is in the DNA of the Tasmanian Liberal Party.
They went to the 2014, 2018 and 2021 elections promising to protect workers from threats or jobs from being disrupted.
This is what Resources Minister Guy Barnett said this week: “We have listened to the needs of workers and companies and seen the impact of illegal protests on companies and their employees.
“It costs money, creates risk and can cause stress to workers, and in some cases there is potential for physical and mental harm.”
Before they had trouble passing legislation, what has changed this time?
This was the third time the Legislative Council had passed anti-protest legislation.
The laws were passed in 2014 with a lot of fireworks: then-Greens leader Kim Booth accused the government of fascism and compared the legislation to that of the Nazis.
But it turned out that the legal experts who said the legislation may not be raised in the courts were correct and that the High Court found the laws unconstitutional in 2017.
After promising to reintroduce similar laws during the 2018 election campaign, the Liberal Party waited a long time before presenting its second piece of legislation to the state’s upper house.
These laws were blocked by Labor and independent MPs last year.
As for what is different: Labor supported these new laws, that is, they easily passed both houses of Parliament, albeit with some amendments.
Bob Brown’s challenge to anti-protest laws was upheld by the High Court. (Bob Brown Foundation)
What do opponents say?
There are many groups that argue against the law, including human rights organizations, civil society groups, and unionists.
They say the legislation is too harsh and the sanctions are disproportionate, arguing that the state’s existing intrusion laws are already sufficient.
There are concerns that it is not democratic, and Tasmanian Social Services Council executive director Adrienne Picone says she is concerned that the bill discourages Tasmanians from talking about injustices in their community.
But there is also support for legislation.
The Tasmanian Chamber of Commerce and Industry is in favor, while Ray Mostogl of the Tasmanian Council of Minerals, Manufacturing and Energy supports the right to peaceful protest, but said the tactics of some activists — put- if the phones are in the face, the workers are hooked — they go far beyond the line. .
He told ABC Radio Hobart this week that protesters were preventing workers from doing their jobs and that laws would restore the right balance.
Environmental protest is an important part of Tasmania’s identity. (Supplied by: Dan Broun)
Will these laws also be overturned by the High Court?
That’s the million dollar question. But legal experts say there are real concerns about the validity of this legislation, so it is virtually guaranteed that there will be another legal challenge, probably shortly after the laws are passed.
Watch out for the accusation of former national leader of the Greens Bob Brown, whose arrest in a forest coupe in Lapoinya led to the repeal of the first part of the legislation, to be charged and potentially present another resource.
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