Corruption watchdog rejects complaint Lake Malbena development

The state’s anti-corruption body spoke to top public servants about complaints of improper conduct surrounding a wilderness development plan. Read the Integrity Commission findings >>

• Federal Court orders fresh assessment for Lake Malbena
• Halls Island lease: Lake Malbena documents revealed

THE “unusual” actions of the Tasmanian Parks and Wildlife Service in facilitating a business proposal for a wilderness area did not amount to official misconduct, the Integrity Commission has found.

The Lake Malbena development proposal, which is being pursued as part of the state government’s controversial Expressions of Interest process, has been the subject of two complaints to the state’s anti-corruption body. In the most recent, a Hobart bushwalker made four allegations of misconduct including the undervaluation of the lease on the island and the premature issuing of a lease.

Lake Malbena in the Central Plateau, Tasmania where a contentious development is proposed.

In a written decision on the complaint, Integrity Commission CEO Mike Bingham said although it was unknown how the rent for the island was calculated, nothing improper has occurred.

And he said the Parks Service did not have to listen to advice from the Tasmanian Aboriginal Heritage Council or the National Parks and Wildlife Advisory Council opposing the development.

“For misconduct to have taken place, PWS would need to have improperly breached or diminished a legislated requirement or process during their assessment of the proposal or provision of their assistance,” he said.

He said the Auditor General was also looking into the Expressions of Interest process.

“The Commission understands that there are aspects of the EOI process which are controversial and unsatisfactory to many Tasmanians, particularly with regards to process, transparency and communication,” he said.

The Commission said its two investigations had identified Parks chief Jason Jacobi as the official who told proponents Wild Drake to split the development in two for to make it easier for the development to win approval under federal environment laws.

“Mr Jacobi did suggest or recommend to the proponent that the Hall’s Island proposal should be split into two phases,” it said. “While Mr Jacobi almost certainly did advise the proponents to split their proposal, there is no evidence to suggest that this constitutes misconduct.”

The federal court later found such an action “may also lead to the Minister or delegate failing to appreciate the true level of impact of an action”.

Central Highlands Council voting on Lake Malbena development. Picture: EDDIE SAFARIK

Upholding an appeal against the approval, the Court found that splitting the two stages of the development led to an error in its assessment.

Federal Environment Minister Sussan Ley is now reconsidering the application.

Greens leader Cassy O’Connor said the government was going to great lengths to help developers privatise wilderness areas by stealth.

“Senior DPIPWE officials are bending over backwards to progress developments and enable the work of proponents,” she said.

“There are still developments being approved in secret right now through the EOI process. Lake Malbena was just the first cab off the rank.”

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