Environmentalists begin federal court costs recovery action in fight against Lake Malbena proposal

Environmentalists have taken a step they hope will strike the nail in the coffin for a controversial luxury helicopter tourism development at the remote and protected Lake Malbena.

Lake Malbena and Halls Island in the Walls of Jerusalem National Park. Picture: Rob Blakers

Environmentalists have taken a legal step they hope will strike the nail in the coffin for a controversial luxury helicopter tourism development at Lake Malbena.

Eight years ago the Wild Drake company first proposed to build luxury accommodation pods, accessible only by helicopter, at the remote Halls Island on Lake Malbena.

The location, in the Walls of Jerusalem National Park, is part of the protected Tasmanian Wilderness World Heritage Area.

After the idea was first floated, and the proposal first knocked back in February 2019 by the Central Highlands Council, a series of drawn-out court clashes followed.

Currently, the proposal is in limbo.

It was remitted by the Full Court of the Supreme Court back to the Tasmanian Civil and Administrative Tribunal in 2021 – but Wild Drake withdrew its appeal until a decision is handed down by federal Environment Minister Tanya Plibersek.

With the proposal deemed a “controlled action”, it must be assessed under the federal Environment Protection and Biodiversity Conservation Act over concerns like helicopter noise, possible impacts on the endangered wedge-tailed eagle, increased fire risk, erosion and impacts on wilderness values.

Late last year, the Minister requested additional information from Daniel and Simone Hackett, the couple behind Wild Drake, on the impacts the development would have on Aboriginal cultural heritage.

It is expected Ms Plibersek will hand down her decision within 30 days after the information is received.

Lake Malbena

But the Wilderness Society and the Tasmanian National Parks Association have now taken a critical step they hope will stop Wild Drake in its tracks altogether.

Following the Full Court of the Supreme Court of Tasmania judgment, the two organisations were awarded legal costs to be paid by Wild Drake.

However, they say the debt remains unpaid, and on July 30 lodged proceedings in the Federal Court of Australia for its recovery with a winding up application.

Alice Hardinge, Tasmanian campaigns manager for the Wilderness Society, said if their court application was successful, the process could spell the end for Wild Drake.

“For a decade now, sustained community concern about this proposal has highlighted the risks of inappropriate development in world-class world heritage places. Today, we are seeking to recover costs owed to us by Wild Drake, in a bid to draw this matter to a close,” she said.

Nick Sawyer, Tasmanian National Parks Association president, said the matter had “dragged on for several years” with “several different legal proceedings, which have now concluded”.

“Wild Drake has now missed several deadlines for payment without explanation so we have initiated proceedings to wind up the company in an attempt to recover the costs owed to us,” he said.

Mr Hackett said Wild Drake was continuing with the project assessments required by the federal government, which he expected to be complete within 2024.

He said he was unable to comment on the action in the federal court.

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