You can read the full RMPAT decision here.
Media release – Residents Opposed to the Cable Car (ROCC), 23 February 2021
TRIBUNAL DECISION A WELCOME INDICTMENT ON CABLE CAR DEVELOPER
The rejection of a planning appeal by the kunanyi/Mt Wellington cable car developer that sought to minimise the assessment of the impact of its development on Aboriginal heritage values is a welcome confirmation that as part of a Development Application, the Wellington Park Management Plan applies and the requirement to conduct an on-site heritage assessment is to be enforced.
“This appeal demonstrates the cable car proponent still fails to understand the Aboriginal significance of kunanyi and is an indictment on its approach to achieve approval and a social license,” said Vica Bayley, spokesperson for Residents Opposed to the Cable Car (ROCC).
“This proponent wasted time and money on prosecuting an attempt to low-bar its Aboriginal heritage assessment. While the tribunal decision is welcome, it’s a sad day when a tribunal has to force a private developer to do a half-decent heritage assessment on a publicly–owned reserve, protected for Aboriginal heritage values and well-known to be a place of Aboriginal cultural significance.
ROCC acknowledges the work of staff at the Hobart City Council and thanks it for its persistence in maintaining the request for additional information on Aboriginal heritage, in the face of the proponent’s appeal.
The Wellington Park Management Plan is clear on the need for an on-site survey and acknowledges the ‘spiritual significance’ of kunanyi to Aboriginal people, initiating a project to investigate the broader cultural significance of the Mountain.
“Any credible heritage assessment needs to look beyond a limited archeological search and consider the impact of a 4000m2 pinnacle development, cable car over the Organ Pipes and base station complex on the broader Aboriginal cultural significance of kunanyi.
“This appeal will go down as another embarrassing failure for the cable car developer & should be forever remembered as a shameful low in the private sector’s approach to understanding, protecting and respecting Aboriginal heritage in lutruwita/Tasmania.”
Cassy O’Connor MP | Greens Leader and Member for Clark, 23 February 2021
RMPAT Exposes MWCC’s Disregard for Aboriginal Heritage on kunanyi and Process
The Resource Management Planning Appeal Tribunal’s rejection of the appeal by the Mount Wellington Cableway Company (MWCC) is welcome. The protection of Aboriginal heritage must be prioritised when assessing all development proposals.
The MWCC application sought to minimise assessment of the impact a cable car would have on Aboriginal heritage values. That says everything you need to know about the cable car proposal, the proponent and the Liberal Government that has been cheerleading this proposal from its inception.
Kunanyi is a place of immense cultural significance to the Tasmanian Aboriginal people – both in the past, and now. To try to minimise that is an affront to the palawa people.
MWCC bought up domain names that include the title ‘kunanyi’ without consulting the Aboriginal community. They have since refused to do a comprehensive on-site heritage survey. It’s an understatement to say this is disrespectful.
Of course they don’t want to have to look for Aboriginal heritage, in case they find some. Just as they don’t want to acknowledge the ongoing connection the palawa of southern Tasmania have to kunanyi.
MWCC’s disregard for Aboriginal heritage has been, in large part, fostered by Liberal government facilitation of their divisive, destructive cable car proposal.
It’s little wonder the proponents believe they have a right to public – and critically, First People’s – land when the Liberals, backed in by Labor, have done everything within their power to gift it to them.
The mountain and its summit are public land – it’s Aboriginal land. A cable car on kunanyi is anathema to the protection of the mountain’s cultural and natural values
Media release – Mount Wellington Cable Way Company (MWCC), 22 February 2021
MWCC Disappointed with Tribunal Decision
Mount Wellington Cable Way Company (MWCC) says it is disappointed with today’s ruling by the Resource Management and Planning Appeals Tribunal (RMPAT) but not deterred from pushing ahead with the cable car.
MWCC Chair Chris Oldfield said today the company was examining its options in relation to tribunal decision and council requests for additional information.
“One of our main concerns was that to meet council’s request would require a much more intrusive on-site survey with accompanying disturbance of the land and we did not believe it was appropriate to do that prior to approval of our DA.
“Disappointingly the ruling also appears to support the notion that council can continue to ask new questions which delay consideration of our DA, which we believe is against the spirit of the planning laws and undermines confidence in the process.
“Meanwhile we have made significant progress on other fronts and still plan to commence construction by the end of this year, should the project receive full approval,” Mr Oldfield said.
MWCC had sought a ruling from the tribunal on council requests for additional information, including in relation to Aboriginal heritage issues which it believed breached the Land Use Planning Assessment Act.
In June 2019, the council sought an Aboriginal heritage desktop assessment undertaken by Aboriginal Heritage Tasmania (AHT) demonstrating that there will be no Aboriginal heritage sites affected by the proposed development.
MWCC provided that information on 2 October 2020 which included specific advice and guidance from AHT in accordance with the planning scheme.
The guidance provided to the HCC from AHT, was that they accepted the MWCC’s procedure of an ‘Unanticipated Discovery Plan’ for the construction phase. However, the council refused to accept this advice and then made a new request on the same day for more information.
Mr Oldfield said the issues for MWCC was the fairness of the planning process and delivering the best outcome for the preservation and importance of Aboriginal heritage.
“We are confident of advice that the careful siting of our cable car development is highly unlikely to disturb any Aboriginal heritage sites. We respect the original custodians of kunanyi/Mount Wellington and have guaranteed that strong protocols are in place to protect any Aboriginal heritage that may be discovered within the project footprint route,’’ Mr Oldfield said.
“In light of the RMPAT ruling we need to re-evaluate how best to provide the requested information so that council can move forward to the next stage which is the release of the DA for public comment,” he said.
Earlier…
Media release – Mount Wellington Cable Way Company (MWCC), 29 October 2020
MWCC Seeks Tribunal Ruling on Council Delay
Mount Wellington Cable Way Company (MWCC) is seeking a planning appeals tribunal ruling on a new Hobart City Council request which it believes breaches the Land Use Planning Assessment Act.
MWCC Chair Chris Oldfield said today that the new Council request is outside the planning laws and will further delay the approvals process.
“The planning laws set timelines for Councils to make decisions. We have followed the process and it is unreasonable for the Council to now try to make requests clearly outside this process. Were we to accede to this it has the potential to open the way to a never-ending list of new questions.
“Consequentially we lodged an appeal with the Resource Management and Planning Appeals Tribunal to get a ruling on the validity of the new request,” Mr Oldfield said.
In June, the Council sought an Aboriginal heritage desktop assessment undertaken by Aboriginal Heritage Tasmania demonstrating that there will be no Aboriginal heritage sites affected by the proposed development.
MWCC provided that information on 2 October and is confident it meets the planning law requirements.
“Now they have a further request which we believe is invalid under the law.
Mr Oldfield said the issue for MWCC was not about Aboriginal heritage but the fairness of the process.
“We do not believe that the cable car development will disturb any known Aboriginal heritage sites but we respect the original custodians of kunanyi/Mount Wellington and have guaranteed that strong protocols are in place to protect any Aboriginal Heritage that may be discovered within the project footprint route,’’ Mr Oldfield said.
