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A Federal Court judgment requires Environment Minister Sussan Ley to re-make a decision on Lake Malbena project

A federal minister is not rushing to re-make a decision despite a number of appeals, months after the courts already decided the project's fate.

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THE Federal Environment Minister is yet to make a call on a contested Lake Malbena tourism project, more than seven months after a Federal Court judgment.

In November, the Federal Court set aside a previous Federal Government decision that it did not need to approve the helicopter-accessed camp in the Tasmanian Wilderness World Heritage area.

The judgment, largely in favour of the appeal by the Wilderness Society, meant the Environment Minister would have to re-make a decision on the project.

However a spokesmen for Environment Minister Sussan Ley said a new decision was yet to be made.

Sussan Ley during Question Time in the House of Representatives in Parliament House in Canberra. Picture: Gary Ramage
Sussan Ley during Question Time in the House of Representatives in Parliament House in Canberra. Picture: Gary Ramage

“The previous decision that the Hall’s Island standing camp proposal is not a controlled action under the Environment Protection and Biodiversity Conservation Act 1999 was set aside by consent. It will be re-made in due course,” he said.

The spokesman said the EPBC Act decision was not related to action currently taking place in the Tasmanian Supreme Court.

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The Wilderness Society has also appealed in the Supreme Court over the Resource, Management and Planning Appeal Tribunal (RMPAT) decision allowing the project to proceed.

In October, proponents Daniel and Simone Hackett successfully appealed to RMPAT against the Central Highlands Council’s decision to refuse their Lake Malbena project.

The Hacketts were joined by the State Government in their appeal.

The State Government and the tourism industry have disputed any suggestion the Liberals’ bid to encourage tourism ventures in reserves was at risk by the Federal Court judgment.

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Original URL: https://www.themercury.com.au/business/a-federal-court-judgment-requires-environment-minister-sussan-ley-to-remake-a-decision-on-lake-malbena-project/news-story/66f1a99785f0c4ca70b78f808f7439c4