Government questions if Central Highlands Council had legal right to reject Lake Malbena proposal

The State Government is being accused of “hijacking” and “subverting” the Lake Malbena development appeal.

THE State Government is being accused of “seeking to subvert and hijack due process” in the Lake Malbena development appeal.

The Government is questioning whether the Central Highlands Council had the legal jurisdiction to reject the proposal. An appeal against the council’s decision is in the preliminary phase before the Resource Management and Appeal Tribunal.

PARKS AND WILDLIFE JOINS MALBENA APPEAL

COUNCIL YET TO EXPLAIN MALBENA REFUSAL

Attorney-General Elise Archer’s lawyer argued yesterday that the Land Use and Planning Approvals Act did not apply to reserved land covered by a management plan.

If that argument is accepted, it could overturn the council’s decision to refuse a planning permit for the project. It also could have wider implications for development applications made within national parks and world heritage areas in the future.

An artist’s impression of the proposed Lake Malbena development. Picture: CUMULUS STUDIO

Outside the tribunal yesterday, Wilderness Society acting campaign manager Tom Allen said the Government was undermining the independent process.

“We have Parks and Wildlife Service, an apparently neutral government body, joining with a private commercial tourist developer,” he said.

“At the same time we have an extraordinary intervention by the Attorney-General clearly seeking to subvert and hijack due process.”

Wilderness Society campaign manager Tom Allen. Picture: CHRISTOPHER TESTA

Last month it was revealed the head of Parks and Wildlife had applied to join Lake Malbena proponents Daniel and Simone Hackett’s appeal.

Premier Will Hodgman said the Parks and Wildlife and Ms Archer were parties to the proceedings for a number of reasons.

“Firstly we disagree with the (council) decision,” he said.

“Secondly, as the landowner we have an interest in the decision and it’s important the Government be involved in this process.”

Mr Allen said the Government’s process of requesting expressions of interest for developments in wilderness areas had not been transparent.

“Mr Hodgman has said that these developments will go through the permit application process and now the Attorney-General is arguing that there is no need for a permit,” he said.

A government spokeswoman said one of the non-political roles of the Attorney-General was to “intervene in such proceedings to seek clarification from the courts on the proper interpretation of Tasmania’s laws”.

Development proponents Simone and Daniel Hackett. Picture: EDDIE SAFARIK

The council rejected the Lake Malbena proposal in February on the grounds it did not comply with the planning scheme, including its bushfire management plan.

Mr and Mrs Hackett want to develop a helicopter-accessed standing camp on Halls Island, on Lake Malbena, in the Walls of Jerusalem National Park. The area is within the protected Tasmanian Wilderness World Heritage Area.

The full hearing will be held from June 24-28.