The Australian Conservation Foundation may launch legal action against a Liberal MP after he accused it, along with other green groups, of “illegal activities”.



The ACF has written to Andrew Nikolic, the federal member for Bass, to ask him to withdraw his “unfounded allegations immediately and unreservedly” or face potential “further action”.

The letter, seen by Guardian Australia, says ACF is a “reputable, law-abiding organisation”. Sent by the NGO’s chief executive, Kelly O’Shanassy, the letter urges Nikolic to “cease from making any further comment that insinuates wrongdoing on ACF’s behalf”.

ACF’s ire was raised by comments made by the Tasmanian MP as he introduced a motion at last week’s federal Liberal council. The motion, which was passed unanimously, calls for environmental groups to be stripped of their charitable status due to their political lobbying.

After the Liberal party gathering, Nikolic said: "There are organisations like the Wilderness Society, the Australian Conservation Foundation, the Bob Brown Foundation and all the Environmental Defenders Offices which are also currently recognised as charities as well, and what you see many of these groups doing is engaging in the sort of activism that is at odds with Tasmania’s future prosperity.

"I moved the motion because I think the activities of these groups have been enormously damaging on our state of Tasmania, I think we’ve seen for far too long these groups undertaking activities like boot camps and engaging in political activism, illegal activism.”

Nikolic said environmental groups should not be able to receive tax-deductible donations, unlike “real charities” such as the Salvation Army and the Red Cross.

Elizabeth McKinnon, general counsel for ACF, told Guardian Australia the group would like Nikolic to withdraw his remarks, or clarify them.

“If that doesn’t happen, only at that point will we consider our options,” she said of the potential for legal action. “To say that ACF has been involved in illegal activities is a very serious allegation and not one we can leave standing.

“This kind of attack isn’t something that environment groups are unfamiliar with, but this is very serious and potentially damaging to our reputation. It could cause us loss.”

McKinnon said the Charities Act makes it clear that lobbying was not unlawful for charities and that protection of the environment was a valid charitable purpose.

“At times, charitable purposes are inconvenient for political parties, but that doesn’t make them unlawful,” she said.

The Wilderness Society, also cited by Nikolic, said it would not be challenging him over his comments.

“There’s nothing new in the Liberal party, representing big business, trying to shut up critical organisations,” said Lyndon Schneiders, campaign director at the Wilderness Society.

“Andrew Nikolic hopes he will cripple us. Removing tax deductible donations would have a short-term impact but we would see our membership swell within days. Every time the conservatives try to shut down the community sector, we get new members. It will backfire on them because it will make us stronger.”

Nikolic has previously voiced his support for new legislation, introduced by the Tasmanian government last week, to hand mandatory prison sentences to protesters who “invade” businesses.

“As a society we should never accept a situation where businesses, and the people that rely on them, are seen as secondary to the fools who chain themselves to industrial machines,” he said last year.

Nikolic did not return calls from Guardian Australia about the ACF letter.