Newsletter Item – Tasmanian National Parks Association, 30 November 2021
Lake Malbena Update
Following the win before the full bench of the Supreme Court last September (see here), it is now confirmed that the redetermination of the appeal regarding the proposed helicopter-accessed tourism development at Lake Malbena by TASCAT (Tasmanian Civil & Administrative Tribunal, formerly RMPAT) will proceed with essentially the same parties and legal representatives as before. The tribunal’s name change will not affect the conduct of the appeal.
The hearings will involve further legal submissions, particularly on which requirements of the Tasmanian Wilderness World Heritage Area Management Plan 2016 are ‘prescriptive requirements’” that the proposed use is not compliant with. This reflects the Supreme Court’s ruling that the tribunal must itself determine if the proposal is compliant with the prescriptive requirements of the management plan rather than relying on the Parks and Wildlife Service’s Reserve Activity Assessment. It is not expected that the hearings will involve the presentation of new evidence but this will become clearer after the directions hearing.
For a full timeline and summary of the Lake Malbena saga, see here.
There will be a TASCAT directions hearing on Thursday 9 December 2021. It is anticipated that the hearing itself will require two days and will not occur prior to 1 March 2022.
We have already incurred significant additional legal costs in preparation for the directions hearing. The total costs will become clearer after the directions hearing. They are likely to be substantial, so please consider donating to the TNPA Lake Malbena Appeal Fund here.
LAST CHANCE TO CONTROL FERAL DEER
The population and range of wild fallow deer in Tasmania is expanding dramatically. These feral animals are an increasing risk to some parks and reserves; for example, their range is expanding into the Tasmanian Wilderness World Heritage Area. The Tasmanian Government has released a draft deer management plan, but without urgent amendments it is set to fail.
Please consider making an urgent submission to the draft plan calling for ten key amendments that will result in a feral deer management plan that is focused on protecting what’s best about Tasmania, its clean, green economy and incredible wild places.
Your feedback must be received by 5pm this coming Friday, 3 December 2021. You can make a quick submission using the Invasive Species Council’s quick submission guide, or you can make a more detailed one using their online guide. See here for their online submission guide.
