Tasmanian Attorney-General quiet on Lake Malbena advice

The Attorney-General will not reveal whether she requested the legal advice that could overturn a council decision to reject a tourism development in protected wilderness.

A historic hut on Halls Island on Lake Malbena where an exclusive fly fishing eco-resort has been proposed.

THE Attorney-General will not reveal whether she requested the legal advice that could overturn a council decision to reject a tourism development in protected wilderness.

The Resource Management and Planning Appeal Tribunal last week heard that the Solicitor-General had provided advice to the Attorney-General that would effectively mean councils have no voice on whether developments on reserve land covered by a management plan can go ahead.

FRUSTRATIONS OVER LAKE MALBENA BID

PARKS AND WILDLIFE JOINS MALBENA APPEAL

COUNCIL YET TO EXPLAIN MALBENA REFUSAL

Attorney-General Elise Archer.

The advice was revealed during a tribunal hearing on the Lake Malbena project, which the Central Highlands Council voted earlier this year to block.

The proposed helicopter-accessed standing camp would sit in the Walls of Jerusalem National Park — which falls within the Tasmanian Wilderness World Heritage Area.

If the Solicitor-General advice is upheld it would pave the way for the project to proceed, and could have implications for other developments.

The Lake Malbena proponents are challenging the decision in RMPAT, and National Parks and Wildlife director John Whittington has applied to join as a party to the appeal.

Development proponents Simone and Daniel Hackett. Picture: EDDIE SAFARIK

Asked whether Attorney-General Elise Archer had sought the advice on the application of the Land Use and Planning Approvals Act, or whether it had been offered, a Tasmanian Government spokeswoman said: “The Attorney-General is acting on legal advice in her capacity as the State’s First Law Officer.

“It is one of the non-political roles of the Attorney-General, as First Law Officer, to intervene in such proceedings to seek clarification from the courts on the proper interpretation of Tasmania’s laws.”

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

The federal Environment Department — which assessed the Lake Malbena project under the Environment Protection and Biodiversity Act, including reference to the state law Ms Archer has now argued does not apply — said it was not aware of the Solicitor-General’s advice.

“The application of the Tasmanian Land Use Planning and Approvals Act 1993 is a matter for the State Government,” a department spokesperson said.

The RMPAT hearing will be held from June 24 to 28.