Despite the best efforts of our legal representatives, the Resource Management and Planning Appeal Tribunal (RMPAT) overturned the Central Highlands Council’s decision to refuse a permit for helicopter-accessed visitor accommodation at Halls Island, Lake Malbena in the Tasmanian Wilderness World Heritage Area. In January 2020 we (TWS, TNPA & two individuals) lodged an appeal in the Supreme Court of Tasmania in order to argue that RMPAT erred in relying on the Parks and Wildlife Service’s Reserve Activity Assessment of the Lake Malbena proposal. Our initial appeal to the Supreme Court was unsuccessful but we won in our subsequent appeal to the Full Court. The result is that RMPAT is required to consider whether the proposal complies with the “prescriptive requirements” of the Tasmanian Wilderness World Heritage Area Management Plan 2016.
The future course of our legal challenges to the Lake Malbena tourism development is not entirely clear. We are unlikely to have further costs for expert witnesses but we may incur further legal fees which may be substantial. For background and a summary of the Lake Malbena issue, see here.
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