Supreme Court to hear fresh Lake Malbena appeal

A controversial development in the state’s wilderness is heading back to court in a test case for national park proposals, which, if successful will limit “inappropriate development”.

• Corruption watchdog rejects complaint Lake Malbena development
• DPIPWE boss asks staff to be loyal to Parks chief

ANOTHER round of legal action over a wilderness development proposal is set to become a test case for the government’s controversial expressions of interest process.

The Wilderness Society and the Tasmanian National Parks Association appealing a Supreme Court decision over a development proposed for Lake Malbena.

Tasmanian company Wild Drake is seeking to build a standing camp at the site as part of the state government’s controversial Expressions of Interest process for developments in national parks.

Environmental Defenders Office Hobart managing lawyer Nicole Sommer said the appeal to the Full Court was an important test for EOI proposals.

“EDO lawyers will appeal that ruling to the Full Court of the Supreme Court, arguing that the Supreme Court should have found that the [Resource Management and Planning Appeals] Tribunal’s decision was affected by legal error and that it should have overturned the Tribunal’s decision,” she said.

“If the Tribunal’s decision is not overturned by the Full Court, it will limit what planning authorities can assess in determining whether they can grant a permit to a private development in a national park or reserve and limit the public’s right to have their say on those proposals and have them independently assessed on their merits.

Environmental Defenders Office special counsel Claire Bookless and Wilderness Society campaign Manager Tom Allen speak to the media in St Davids Park, Hobart.

Wilderness Society campaign manager Tom Allen said the case was a fresh chance to test the role of planning authorities in national parks developments.

“We did not take this significant step lightly but did so because it defends the Tasmanian Wilderness World Heritage Area from inappropriate development proposals like that for Lake Malbena and the 30 or so more in the tourism EOI pipeline,” he said.

The development is currently before federal environment Minister Sussan Ley for consideration under the Environment Protection and Biodiversity Conservation Act.

Tourism Industry Council of Tasmania chief Luke Martin said continued opposition ot the project was puzzling.

“I think there’s a role for commercial operators in these protected areas as there is for the 250 to operate in these areas now. And we’ve got commercial leases over sites in the World Heritage Area now, we’ve had them for many years,” he said.

Environment and Parks Minister Roger Jaensch said the project should be allowed to proceed.

“The proponents have met every requirement that’s been put in front of them,” he said.

“All the decisions that have been made about that proposal have now been tested and found to have been sound.”

Mr Jaesnch on Tuesday reannouced $80 million of government spending in National Parks over a four-year period.

.

Follow @DavidJKillick