Pesquera Cabo Pilar S.A. expressed its satisfaction at the rejection of the Greenpeace protection appeal
Court of Appeals rejects appeal for protection against Nova Austral
Wednesday, June 12, 2019, 00:00 (GMT + 9)
The Court of Appeals of Punta Arenas has rejected the appeal for protection filed by Greenpeace and communities of Puerto Williams against Pesquera Cabo Pilar SA, a company owned by Nova Austral S.A., in its capacity as owner of four aquaculture concessions in the Paso Picton, commune of Cape Horn.
After analyzing the arguments of the parties, the Court unanimously rejected the appeal because it considered that it was untimely and that the appellants were not entitled to equal rights before the law nor the right to live in a pollution-free environment.
Protest against Nova Austral requesting that this region of Chile should be free of salmon (Photo: courtesy laderasur.com)
Pesquera Cabo Pilar S.A. expressed its satisfaction at the rejection of the Greenpeace protection appeal, accussing the organization of initiating "an international campaign to discredit the company and the aquaculture activity, based on falsehoods, omissions and hypothetical facts of 'contamination' and unfounded accusations whose falsity was demonstrated."
For its part, Greeenpeace described this ruling as "a new blow for the salmon industry."
"The appeal for protection that we filed revealed that the Nova Austral company provided information that deliberately lied to the court, which was exposed with evidence that, thanks to the support of the entire community involved, we were able to unmask with real facts," explained Estefanía González, campaign coordinator at Greenpeace.
"Today the Court of Appeals rejects this appeal focusing only on the form and terms that the company wanted to use in their favor, in an act very typical of this entity. It must be recalled that the same happened in Chiloé and Puchuncaví, but in this case, this rejection has no relevance to the final outcome of Nova Austral in the Beagle," she added.
Greenpeace recalled that on the occasion of the illegal dumping of salmon in Chiloé in 2016, the appeal for protection presented by the fishermen was lost in the Court of Appeals, but it was the Supreme Court, two years later, who confirmed the illegality of the dumping, pointing to an important precedent of environmental protection by the country's highest court.
Protest held in Puerto Wiliams (Photo: courtesy laderasur.com)
The organizacion also pointed out that during the last weeks, Sernapesca and the Undersecretariat of the Armed Forces indicated that the Nova Austral concessions in the Beagle are out of time and therefore are expired.
"The Court of Appeals rejected the appeal for protection that we filed but never ruled on the legality of the operations of Nova Austral with which this issue is settled and this rejection is only a matter of form that has no effect on the merits of the subject. These waters are ready to be returned to all Chileans", they explained from Greenpeace.