Tas court rules against toxic rock storage

The Tasmanian government was wrong to allow a mining company to store large quantities of toxic rock above ground in a wilderness area, the Supreme Court has ruled.

Justice Stephen Estcourt found on Wednesday the state Environment Protection Authority did not have the authority to permit Shree Minerals Limited to set aside up to 25,000 cubic metres of waste rock that contained metals poisonous to the environment.

Green group Save The Tarkine, which launched the legal action, argued the dumped rock would produce emissions harmful to the environment, and potentially threaten up to 16 plant and animal species, including the Tasmanian devil.

The Nelson Bay River open-cut mine, in Tasmania's northwest Tarkine region, went through an extensive application process, during which the waste rock was a focus of inquiries by EPA director Alex Schaap.

The court found Mr Schaap acted outside the Environmental Management and Pollution Control Act by granting permission for the rock storage.

Save The Tarkine spokesman Scott Jordan welcomed the judgment, and urged the state government to quickly make a plan to remove rock, which has been sitting above ground for about a year.

"This is an area that should be protected," he said.

Along with the Tasmanian devil, the area was home to the spotted-tailed quoll, the threatened Australian grayling fish, and six varieties of orchid, two of which were critically endangered, Mr Jordan said.

Wednesday's judgment does not prevent Shree continuing to mine the site.

Justice Estcourt is yet to make final orders in the matter but indicated the government would be responsible to pay legal costs.