GNS 0.00% 16.0¢ gunns limited

mill overwhelmingly opposed in tasmania, page-11

  1. 328 Posts.
    zwu, you are absolutely right. My speculation that GNS would announce a JV partner soon after final approvals for the operation of the mill being announced proved very wrong. That can happen to speculation. I'll certainly be interested to see what history finally reveals about GNS search for a partner.

    You state "but your whole discussion is solely on the side of "without". It is plainly obvious to all but a few, that WITH a partner and the full funding that means, the mill will be commenced anyway.

    And is it time for another lesson in Planning 101? "Substantially commenced" is now a common term used in statutes and regulations that relate to development approvals and building permits. It has tended to replace the much more liberal term "commenced". It is still a relatively poorly defined term and, hence, is open to interpretation by developers, authorities and, in particular, the courts. As most people could imagine, it has ended up in court a few times.

    My understanding is that resulting case law now defines "substantially commenced" as a "positive unequivocal step" towards the approved works which results in a material change to the nature of the land.

    Civil Engineering 101: For $10 million a Cat D11 dozer can move an enormous amount of dirt. It will, I assure you, result in a material change to the nature of the land!

    The reality is that, since the developer, the government and the majority of the Tamar Valley want the project to proceed and understand the reasons for the delays, they won't be quibbling much about the meaning of "substantially commenced". The only party GNS has to guard against testing them in court will be their usual ragtag of enemies. GNS will do enough to nail shut the likelihood of such a case getting traction.

    In reality, the clearing of the vegetation from the site and the building of the access road (both have already happened) probably meet the requirement to have "substantially commenced". Starting earthworks will just nail it completely. Lawyers for Wasting Money, or whatever they are called, won't be risking the costs a failed case would incur.

    zwu, read Sun Tzu's "The Art of War" for an insight into the preparation for battle to actually avoid battles.
 
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