• Scuttling delayed
• Hearing date set
• New expert evidence will be presented

FOLLOWING the last-minute stay of the scuttling of the ex-HMAS Adelaide which was granted by the Administrative Appeals Tribunal (AAT) yesterday (Wednesday March 24), dates for the hearing were set this morning (Thursday March 25).

President of the AAT Justice Garry Downes set down May 5 and 6 for the hearing.

Additionally, an interim date of April 23 was set down for a mention of the matter, which is similar to a directions hearing.

The legal challenge was led by the Environmental Defender’s Office’s (EDO) principal solicitor Kirsty Ruddock on behalf of the No Ship Action Group (NSAG). This morning EDO senior solicitor Ian Ratcliff was instructing and the EDO has retained barrister Geoffrey Kennett to act on behalf of NSAG.

At the mention on April 23 the tribunal will ensure expert evidence has been received and consider whether it is appropriate to have mediation between all three parties: the No Ship Action Group (NSAG), the Minister for the Environment, Heritage and the Arts, and the State of NSW.

At the hearing expert evidence put forward by the applicant, NSAG, will be considered alongside evidence submitted by the State of NSW.

The appeal by the Environmental Defender’s Office was made against the decision of the federal Environment Minister, Peter Garrett, to issue a sea dumping permit for the ex-HMAS Adelaide.

The AAT’s stay prevented the ship being towed out of Sydney Harbour at 6.30am this morning and sunk 1.7km of Avoca Beach on Saturday March 27.

“The Commonwealth Government has provided a right of review against the Minister’s decision and we are exercising our rights to be heard,” a spokesman from NSAG said.

“We are in the process of obtaining evidence and that evidence will be heard before the tribunal.”