Transcript of media conference with Tom Allen (Campaign Manager, The Wilderness Society), Claire Bookless (Environmental Defenders Office) and Richard Webb (Tasmanian National Parks Association) at Parliament Lawns, Hobart, 16 December 2021.
Tom Allen
On behalf of the Wilderness Society and our co-appellants Tasmania National Parks Association, and Richard Webb and Paul Smith, I’m pleased to announce that we’ve won a significant battle to stop the planning permit applied for by Wild Drake to develop and privatise Lake Malbena inside the Walls of Jerusalem National Park.
This was always the wrong idea in the wrong place at the wrong time. The community knew that, the Wilderness Society knew that, fishers and walkers knew that, the Aboriginal community the palawa knew that. About the only folks who thought this was a good idea was the Hodgman-Gutwein government, the Tourism Industry Council of Tasmania, Jason Jacobi and Wild Drake. The Gutwein government’s parks privatisation policy has never enjoyed social licence. No one wants national parks privatised
To Premier Gutwein we say: ‘end your government’s parks privatisation policy.’ The fact that it remains on the table and invites tourism proposals that breach the statutory World Heritage Area Management Plan is as irresponsible as it is unethical. We’ve always said we want to see responsible tourism thrive alongside properly protected and thriving national parks. And that remains the case.
We extend our deepest thanks to our legal team EDO Tasmania, and our co-appellants Tasmania National Parks Association, Richard Webb and Paul Smith. And also we’d like to thank the Tasmanian Aboriginal Centre for their support, the palawa community, the fishing and walking community, and everyone who’s supported our campaign. We remain concerned about the pipeline of commercial tourism developments focused on the World Heritage Area, and are looking in particular at the plans to privatise, exploit, and tame the palawa’s South Coast Track.
Journalist – Alexandra Humphries
Daniel Hackett today said that they’re merely withdrawing it for now, waiting for the EPBC process to sort itself out before putting it back in. Is it maybe premature to celebrate as a win?
Tom Allen
Well, we we’re definitely celebrating on behalf of the community the fact that there’s no longer application for a planning permit. And that means that the Halls Island and Lake Malbena can’t be privatised And so the community can’t be excluded from this cherished World Heritage island. I can’t really speculate on why Wild Drake might be still considering applying for permission to go ahead under the EPBC Act, when there isn’t a kind of real project on the cards.
Journalist – Alexandra Humphries
It doesn’t worry you too much that it may still be potential for this project to go ahead?
Tom Allen
What worries us is that the Gutwein government’s parks privatisation policy remains on the table and continues to invite tourism proposals that breach the statutory Management Plan. What we want to see is responsible tourism thriving alongside thriving protected nature reserves. And so we know we strongly believe it’s in the island’s best interest that we see a responsible tourism policy from the Gutwein government. No one on the island wants to see national parks privatised
Tasmanian Times
What’s the status of the lease between Wild Drake and Parks?
Tom Allen
The other thing we’re calling for, as well as the ending or overhaul of the Gutwein government’s parks privatisation policy, is also that the lease covering Halls Island be voided. It would be great to see Premier Gutwein do the right thing and instruct Parks and Wildlife Service to void that lease.
Journalist – Adam Holmes
If it does get EPBC approval does that set a precedent for other projects that might look for federal approval?
Tom Allen
You can speculate about what may happen with EPBC. If it does go ahead, we’ll definitely be making the point that it’s not in the interest of our obligations under the World Heritage Area in Tasmania. And I think, you know, anything else is speculation.
Claire Bookless
This is a huge victory for our clients, The Wilderness Society and the Tasmanian National Parks Association, and for the Tasmanian community, who have opposed this development right from the very start. Thousands of people have voiced their concerns about this proposal and the impacts that it would have on our priceless world heritage.
The Federal and Supreme Courts have found areas in the processes followed by both the federal government and the Tribunal in assessing this proposal. Back in 2019, the Tribunal heard compelling expert evidence on the significant threat that this development presents to our World Heritage Area, but the Tribunal granted planning permission for this proposal on a technical legal basis; the Supreme Court overturned that decision.
The withdrawal of this appeal before the Tribunal vindicates our clients in defending these proceedings, and their commitment to the protection of our precious World Heritage Area. This case really emphasises the importance of the community having a right to have a say about developments that are proceeding within Tasmania’s public land and reserves. We would urge the Tasmanian Government to maintain or strengthen these rights in upcoming reforms of both planning and parks laws,
Journalist – Alexandra Humphries
Legally speaking, is the process over or could it go on again, if Wild Drake do decide they want to pursue it?
Claire Bookless
Well, this is the end of the road in terms of the planning permit process, this process is over. There has been no planning permit issued. And we understand that this proposal needs a planning permit in order to go ahead.
Journalist – Alexandra Humphries
And would Wild Drake need to go back to the council at this stage given they’ve withdrawn this or would they be able to resubmit?
Claire Bookless
Oh, no. Certainly in order to proceed and to get a planning permission for this proposal, they would need to resubmit application to the Central Highlands Council and the current planning laws.
Journalist – Alexandra Humphries
How were you feeling as someone who’s worked on this for quite a long period of time and for your clients when you found out?
Claire Bookless
This is a really pleasing victory for our clients who’ve dedicated enormous amount of time and resources to this project and to defending and protecting our precious World Heritage Area. So it’s a really pleasing result for our clients.
Journalist – Adam Holmes
The Supreme Court decision seemed to come down to a pretty narrow, I guess, definition of standing camp, around whether or not it’s only a standing camp as part of the proposal. So when it gets resubmitted, as Daniel promises, do you worry that he’ll be able to just tighten all that and it will be able to get through?
Claire Bookless
The full court’s decision was a really good win for our clients. It’s demonstrated that the Tribunal acting as planning authority needs to take into account and make an assessment against the statutory Management Plan for the World Heritage Area. And we believe that there was really compelling evidence before the Tribunal which demonstrated that this proposal was not in accordance with the World Heritage Management Plan. And that is an assessment that both the Tribunal will have to make and the federal minister will have to make in determining this against the federal environmental laws. So we believe that there is still a really strong case that this proposal shouldn’t be given any permissions.
Journalist – Adam Holmes
What impact would him losing his legal counsel have had? Can you speculate on that?
Claire Bookless
We can’t speculate on that. Obviously, that occurred late in the piece. However, you know, this this matter has been before the courts for for a long time, the proponent did obtain other legal representation. So it was not the case that he was without legal advice or representation.
Journalist – Alexandra Humphries
What happens with fees? The costs of the application and so on.
Claire Bookless
Our clients are currently considering their options with respect to the cost of the tribunal proceedings. Again, this has been a withdrawal of a planning appeal, very late in the piece. Our clients were awarded their costs of the Full Court and the Supreme Court appeals so those costs will be awarded to our clients.
Nick Sawyer
Nick Sawyer with the Tasmanian National Parks Association. We joined with the Wilderness Society and two individuals in pursuing these whole legal proceedings. Basically, we welcome the decision by Wild Drake to withdraw from re-contesting the planning appeal. But we’re rather concerned by the fact that they’re still trying to pursue EPBC approval. That implies that WWalild Drake expect to get state government approvals as necessary, somewhere down the track, by some other mechanism, which is not at all clear that the stage. Despite the fact that if there’s one thing that the processes so far have surely proved, it’s that this this proposal has not got a social licence. There’s been an absolutely unprecedented amount of opposition to it. So it would be really nice if it was a clean, this-is-the-end-of-the-project victory, but it’s not quite that, unfortunately, for us and our supporters.
Journalist – Alexandra Humphries
Did you feel though when you heard that it had been withdrawn, still some feeling of victory, then?
Nick Sawyer
Oh, there’s definitely some feeling of victory, but it was very much tempered when I realised that they’re still pursuing the EPBC approval, which made me wonder, ‘well, what are they actually still hoping to achieve?’
Media release – Cassy O’Connor MP, Greens Leader and Parks spokesperson, 16 December 2021
Wilderness Lovers’ Christmas Comes Early with Lake Malbena Appeal Abandoned
The decision of Halls Island heli-tourism proponent, Wild Drake Pty Ltd, to withdraw from their planning appeal is a win for conservationists, anglers and all Tasmanians who want this island’s World Heritage wilderness to remain protected.
The news of this reprieve is an early Christmas gift for wilderness lovers, and should send a strong signal to other Parks EOI proponents that Tasmanians who love their protected areas will fight to keep them wild, and public.
Lutruwita/Tasmania’s World Heritage Area, national parks and reserves should not be open for commercial exploitation, and they will defended by all those who understand that.
Mr Hackett’s claims his proposal for Hall Island has passed all ‘merit-based’ assessments at all levels of government are nothing more than hot air. It was turned down by the Central Highlands Council, there was no statutory assessment process with public input at the state level and the developer has been required to go back and start again under the Federal EPBC approval.
Mr Hackett should walk away from the this divisive proposal now. Reg Hall’s historic hut and Lake Malbena don’t belong to him.
Conservationists, anglers, bushwalkers, the Greens and all those who love this island’s publicly owned protected areas won’t give up. We will never stop defending Tasmania’s wilderness treasures from privatisation and degradation.
Media release – Fishers and Walkers Tasmania (FAW-Tas), 16 December 2021
untitled
Fishers and Walkers Tasmania (FAW-Tas)welcome the news that Wild Drake Pty Ltd has relented to overwhelming community pressure and elected not to appeal to the Resource Management & Planning Appeal Tribunal (RMPAT) for a helicopter tourism development at Halls Island, Lake Malbena.
For over three years we have argued that this development and the application of an “exclusive possession” lease over part of the Tasmanian Wilderness World Heritage Area (TWWHA) is completely inappropriate. Wild Drake has failed to get local approvals and been knocked back by the Supreme Court they must now withdraw from the EPBC process.
Anglers and bushwalkers have been respectfully visiting Lake Malbena for generations and FAW-Tas Campaign Manager and avid bushwalker Dan Broun said, “this development has caused division and anxiety from the moment the illegitimate lease was signed off in a secret deal. That lease is redundant, the proponent has no permit and it must be torn up. Halls Island and Halls Hut must be returned to the State and the people of Tasmania – to the anglers and bushwalkers who care for it and who will look after it.”
Bushwalker and mother of bushwalkers Sharee McCammon said “How did it come to this? How did it get to the point where it’s up to the Tasmanian people to protect National Parks from the PWS and developers? Whose favourite camping spot will they want to lock us out of next?”
Brett Smith, angler and FAW-Tas President added “This is a huge relief for everyone who has attended rallies, held up signs at events, written emails, bailed up politicians and lobbied so hard. The Western Lakes Wilderness is unique and revered across the world for its sight fishing for wild Brown Trout, but most of all for its World Heritage wilderness values. Anglers, bushwalkers and other recreational users and nature lovers have dug deep and with sheer weight of numbers, proven that privatisation and peace destroying helicopter tourism will not be tolerated or accepted in our wild places. This should be a stark reminder to the state government, Tourism Industry Council of Tasmania and anyone else who has supported this terrible idea or is entertaining a similar idea in the future – developments with no social license cannot be forced upon us and our beloved wild areas without one hell of a fight – we celebrate the success, but remain cautious and vigilant… Keep the Western Lakes wild and public.”
The TWWHA is globally unique and the Tasmanian government, through the PWS has been afforded the great responsibility of looking after it – as custodians for future generations. By supporting proposals that destroy and degrade this great estate the state has failed in this responsibility.
“The Tasmanian Parks Service must apologise to the people of Tasmania for this great failure, and all the anxiety it has caused. The Gutwein government must immediately abandon the divisive Expressions of Interest (EOI) process they have championed” stated Mr Broun who then added “there is no point going back to the drawing board if they wish to draw the same picture – it will end in the same mess. Now is the time to build a tourism industry that is sympathetic to our great but fragile landscape and respectful of the people who love it.”
Jenny Smith, FAW-Tas treasurer and bushwalker said “this is a failed attempt by rich, entitled developers to lock up parts of our National Parks. It’s a mistake that would be foolish to repeat” Lake Malbena is today the peaceful place it has been since the last ice age and that’s the way it will stay thanks to the great efforts of all the caring Tasmanians and groups that have made a stand – Malbena matters.
