Federal Court reveals its decision in Wilderness Society’s fight against Federal Government’s approval of Lake Malbena project

The Federal Court has handed down its decision in the latest chapter in the fight against a tourism development on Lake Malbena.

Walker and trout fisher Richard Webb trout fishing off Halls Island on Lake Malbena.

THE future of the Lake Malbena tourism project is uncertain following a Federal Court judgment.

The Wilderness Society took the Federal Government to court over its approval of a tourism development at Lake Malbena, which is within the Walls of Jerusalem National Park and the Tasmanian Wilderness World Heritage Area.

Daniel and Simone Hackett have an agreement with the State Government to build a helicopter-accessed standing camp on Halls Island.

The Hacketts’ proposal last year received the green light from the federal Environment Department because the proponents agreed to voluntary conditions aimed at minimising its impact on the wilderness values of the area.

The Central Highlands Council knocked back the proposal at a special meeting in February on the grounds it did not comply with parts of their planning scheme — particularly provisions related to bushfire and stormwater management.

However the Council’s decision was effectively set aside by the Resource Management and Planning Appeal Tribunal last month.

The Hacketts’ proposal was put forward under the State Government’s controversial EOI process for tourism developments in Tasmania’s national parks.

The Federal Government decided it did not need to assess the development because it was deemed “not a controlled action”.

However, the Federal Court judgment handed down today means the Federal Environment Minister may have undertake a closer examination of the project.

The judgment also said the state Reserve Activity Assessment process, which is used by the Parks and Wildlife Service to assess tourism proposals, had “no apparent statutory basis”.

The Federal Government was ordered to pay the Wilderness Society’s court costs.

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

Wilderness Society campaign manager Tom Allen said the complex judgment, which upheld two of the Society’s three grounds for appeal, was a “positive result”.

Mr Allen said the minister would need to re-make a decision on the Lake Malbena project, and the current conditions on the project were not enforceable

“What it means to the approval process, as we understand it, is it’s not so much that the application has to be resubmitted but the Environment Minister has to re-make their decision,” he said,

“The viability of the [State Government’s] EOI process has today been found wanting by the Federal Court.”

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

“The Tasmanian Liberal Government notes the Federal Court decision has been handed down and will be reviewing the decision in full,” a State Government spokesman said.

“This decision in no way calls into question nor reflects on the Tasmanian Government’s EOI process.

“Our EOI process is helping to reimagine our regions. It’s about creating jobs, building stronger regional economies and protecting what’s special about Tasmania. It’s time for the Greens and their anti-everything allies to stop their grubby politicking and the deliberate spreading of misinformation.”