Wilderness Society loses appeal against Lake Malbena development

A controversial helicopter tourism proposal in the Walls of Jerusalem National Park has moved one step closer to getting the green light.

• Tourism project still pending, seven months after decision
• Lake Malbena battle goes to Supreme Court
• Community at risk of losing say over major projects

THE WILDERNESS Society has lost a legal battle to block a luxury helicopter tourism development in the Walls of Jerusalem National Park.

The environmental group, along with the Tasmanian National Parks Association and independent co-appellants Richard Webb and Paul Smith, argued developer Wild Drake should not have been granted a planning permit for the Halls Island, Lake Malbena proposal.

A hearing was scheduled to proceed in the Supreme Court of Tasmania last month, but due to COVID-19 restrictions, the appeal was decided on written submissions instead.

Daniel and Simone Hackett, who plan to build a luxury development on Halls Island in the Walls of Jerusalem National Park. PICTURE CHRIS KIDD

The Wilderness Society argued Tasmania’s Resource Management and Planning Appeal Tribunal failed to consider the negative impacts of the proposal on the environment and existing recreational park users like fishers and walkers.

It claimed the tribunal improperly delegated its assessment of the project to Tasmania’s Parks and Wildlife Service, which it said was inconsistent with the Federal Court’s decision last November meaning Federal Environment Minister Sussan Ley would need to give approval.

But a Supreme Court of Tasmania judgment released on Tuesday ruled in favour of Simone and Daniel Hackett – the Launceston couple behind Wild Drake.

“ … while it is apparent that I do not necessarily embrace all of the tribunal’s reasoning, I can detect no error in the outcome at which it arrived,” Justice Stephen Estcourt said.

The Wilderness Society campaign manager Tom Allen said the judgment was disappointing, noting it was based on a legal point, rather than an assessment of the proposal’s merit.

The organisation now has 21 days to consider the judgment and decide whether to appeal it to the full court of the Supreme Court.

The Wilderness Society's Tom Allen. Picture: LUKE BOWDEN

Mr Allen noted that while Tuesday’s judgment reaffirmed the tribunal’s decision to grant Wild Drake a planning permit, the company still didn’t have Federal Government approval.

“While we are disappointed with this decision, in the coming weeks we will explore our options because the integrity of Tasmania’s World Heritage wilderness is worth fighting for,” he said.

Mr Hackett welcomed the judgment, claiming The Wilderness Society had not challenged the merits of the Parks and Wildlife assessment in a previous appeal.

“As our proposal continues through the rigorous planning systems, we look forward to the outcome of the evidence-based federal assessment in the near future,” he said.

Follow @ambervwilson