Zipline to be tied up ‘for years’ in legal action

The Mt Coot-tha zipline is likely to be locked in a costly legal battle for up to two years, an expert has warned.

About 150 protesters gathered outside City Hall on Tuesday morning to rally against council's approval of its own zipline development application.

MORE than 150 protesters rallied outside City Hall this morning to vent their fury at Brisbane City Council’s approval of its own development application on the deeply unpopular Mt Coot-tha zipline project.

The rally came as opponents claimed the project would likely be locked in a legal battle for up to two years, which they estimated could cost ratepayers $1 million or more.

The warning came as opponents organised a public rally in the Central business district tomorrow (Tuesday February 5), from 8-9am, in King George Square outside City Hall.

Lord Mayor Graham Quirk told The Courier-Mail work would start on the twin ziplines and suspension bridge this year and it would open before the end of 2020.

But the Mt Coot-tha Protection Alliance (MPA) met on Monday evening to discuss a Planning & Environment Court challenge which a P & E Court expert said could tie up the project for as long as two years.

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It is almost certain the MPA or one of the other 22 community groups and 3200 individuals who lodged formal objections will lodge an appeal by the closing date at the end of March.

The State Government also can still decide to block the project.

Natural Resources Minister Anthony Lynham must rule on whether the proposal is inconsistent with the allowed uses of two State-owned blocks of land leased to Council.

MPA president, Dr Peter Hale, said the project was not a “done deal’’.

He said Cr Quirk was desperately trying to give the impression the zipline was a “done deal’’ when that was far from the case.

“This is a crucial moment to keep the pressure up,” he said.

“It’s encouraging to see so many community members come out today, united in their calls to protect the mountain and encourage the State Government to rule out privatising Mt Coot-tha.”

State Greens MP for Maiwar, Michael Berkman, who organised and spoke at this morning’s rally, said it was now up to the State Government to refuse permission for the project.

“Mt Coot-tha was a publicly-owned bushland reserve that was given to Council for exclusive use as a public park,” Mr Berkman said.

“This project can’t go ahead without State Government approval, and I am calling on Labor’s Minister for Natural Resources, Anthony Lynham, to listen to the strong public opposition and keep Mt Coot-tha in public hands.

“There’s a big difference between ecotourism projects that respect the natural environment, and commercial adventure tourism operations that clear trees and disrupt wildlife.”

The P & E court expert, who spoke on condition of anonymity, said: “A case as complex as this takes a minimum of six months to be heard.

“One or two years is more likely.’’

Lord Mayor Graham Quirk talked up the project on ABC Radio on Monday while brushing off suggestions the second consultation phase he was ordered to undertake by the State Government was a sham.

State Greens MP for Maiwar, Michael Berkman, addresses the crowd.

He said it was to be expected that most people who lodged submissions on any proposal would be those opposed and he did not accept that 3200 such submissions indicated widespread public concern, instead telling a media conference late last year that there was a silent majority in favour.

He did not indicate how he was aware of that.

Cr Quirk also said opponents had exaggerated the extent of tree clearing and other problems, which could explain why there were so many submissions.

About 200 large trees will be cleared, but Council’s DA does not say how many small trees, shrubs or undergrowth will go.

It does, however, confirm all undergrowth up to 2m high will be cleared along the 1.5km length of the six-abreast “megazip’’ and along the length of the shorter “treetop’’ zipline, which ecologists claim will create an “eco desert’’ and facilitate incursion by pests and feral animals.

Mount Coot-tha zipline artists impressions — Scenic Zipline Gardens Landing & Kiosk

Opponents say the area of cleared undergrowth equates to about 40 football fields in area.

Cr Quirk promised the ziplines, which he said would not create a visual scar on the mountain, would attract about 350,000 visitors every year and create 100 new jobs.

“It has been conservatively estimated around 11,000 to 15,000 people will spend an additional hour in the Mt Coot-tha area with the increased amenity associated with the zipline,” he said.

Construction would begin within months, with the 1.5km treetop canopy tour to open by the end of this year.

A skywalk, including a 335m suspension bridge and the fast-paced 1km zipline from Mt Coot-tha’s summit to the Mt Coot-tha Botanic Gardens, would open in 2020, he said.

However Dr Peter Hale, a wildlife ecologist, said his group met on Monday to discuss whether it would launch legal action.

He expected the other 22 community groups opposed to the project would also discuss whether they would join an appeal.

Council can now appeal the approval of its own development application by its assessment manager.

If that does not happen, anyone who submitted a “properly made’’ submission to the DA has 20 business days to lodge an appeal in the Planning & Environment Court.

Because many technical experts would have to be called for such a complex case, it would take many months to be heard.

The legal expert who spoke to Westside News, on condition of anonymity, estimated such a case would set back ratepayers about $1 million, possibly more.

The true figure would never be known because Council did not identify the cost of any one legal case in its Budgets.

Labor parks and environment spokesman, Councillor Steve Griffiths, said it was misleading of Cr Quirk to give the impression the zipline project was now a “done deal’’.

Greens Councillor Jonathan Sri (The Gabba) said residents were overwhelmingly opposed to the project and BCC should have listened to the people.

“This is not environmentally responsible ecotourism — this project involves the degradation and privatisation of ecologically sensitive publicly owned bushland,” he said.

“This project doesn’t even stack up economically — it’s only viable because council is giving the private operator $1.1 million of public ratepayer money to fund it.

“This is a for-profit private enterprise — in the unlikely event that the State Government approves it, riding the ziplines still won’t be affordable for local Brisbane residents.

“Now that the LNP have again failed to listen to residents, we are calling on the State Labor government not to approve this project. The council can’t proceed with it unless Labor supports it.”

A Council spokeswoman said the DA was approved on Friday.

“All documents relating to the decision are publicly available on Council’s PD Online website,’’ she said.

“Council is protecting and enhancing Mt Coot-tha, by creating a green leisure precinct with a new scenic zipline and canopy tour as well as more trees, picnic areas and walking trails.

“The three stage zipline includes a 1.5 kilometre treetop canopy tour, the skywalk with a 335 metre suspension bridge and the scenic zipline tour with six parallel lines travelling more than a kilometre from the summit’s lookout to the Botanic Gardens.

“Council is also making it easier to access Mt Coot-tha with a new visitor centre, disability access and more carparking linked by a free dedicated shuttle bus.

“People have the legal right to appeal any development decision made by Council and these appeals are handled by the Planning and Environment Court.’’