Tribunal Strikes Down Rail Trail Appeal

The extension of the North East Rail Trail is a step closer following a recent ruling from TasCAT (formerly Resource Management Planning and Appeals Tribunal).

The Civil and Administrative Tribunal heard an appeal against the project that plans to extend the NERT by 26 kilometres from Scottsdale to Wyena.

Dorset Council’s development application to remove rail line to extend the rail trail to the boundary of its border with Launceston Council was appealed by Michael de Bomford on two grounds.

These were, broadly, that crushing the ballast under the rail line would contaminate waterways and that the council should have gone through an Environmental Protection Authority process to obtain permission for materials handling.

The Tribunal has ruled that neither ground of appeal was ‘made out’.

Excerpt from TasCAT decision

Conclusion

86. Neither ground of appeal is made out.

87. Before making final orders, the Tribunal will hear from the parties with respect to the precise terms of the conditions as proposed by paragraphs 83 – 85 above, to be amended and included in a permit.

88. In that respect, prior to any final determination, the Tribunal directs:

1. Council provide to the Tribunal and the Appellant draft permit conditions incorporating an amended CEMP condition and new stormwater condition within seven days of the date of this decision; and
2. Within seven days of receipt of the draft permit conditions, the Appellant is to advise the Tribunal and the Council whether the terms of the amended / new conditions can be agreed or whether the Tribunal is required to reconvene to hear from the parties.

You can read the full ruling on the appeal here.

However, it is requiring the council to modify its Construction Environmental Management Plan to include a contamination risk assessment of all areas near watercourses. This includes sampling for arsenic and polycyclic aromatic hydrocarbons and using construction methods that will minimise dust, soil and other infrastructure becoming airborne.

It is also asking council to undertake engineering designs and drawings for stormwater discharge and to amend the permit conditions for the project.

The tribunal is requiring the council to amend the permit conditions and provide these to de Bomford by Tuesday next week.

If de Bomford does not accept these new conditions, the tribunal may be reconvened to hear more evidence before it makes its final determination.

Opponent of the project and Chairman of North East Residents and Farmers, Stuart Bryce, said the appeal is about keeping the railway in place to protect the environment.

“It is not about subjecting farmers and users of a rail corridor to potential environmental harm,” he stated.

Background

Scottsdale Rotary first converted a section of the disused north east rail line between Tonganah and Billycock Hill in 2012, it then extended that through to Scottsdale in 2015.

In February 2014 Northern Tasmania Development commissioned a report from TRC for preliminary demand and economic benefit assessment of an extended trail through to Launceston.

Dorset Council applied to the National Stronger Regions Fund and received $1.47 million in matching funding in early 2015 to extend the rail trail through to the outskirts of Launceston.

A group of rail enthusiasts then put up a competing proposal for the same length of line to run a tourist train.

In October 2017 Infrastructure Tasmania released a review of the train proposal which found it had merit but also challenges and so requested the Department of Treasury and Finance to conduct an economic analysis of both options.

This was released in July 2018 and recommended the rail trail be the preferred option between Scottsdale and Lilydale/Lalla. The government then issued a statement saying it would support the rail trail to Lilydale Falls and then pathway to Lilydale.

The Tasmanian Legislative Council announced an inquiry into the rail trail in October 2018 and reported in late 2019 supporting the government’s compromise position.

The government transferred rail corridor management to Dorset Council in late 2019.

In September 2020 the federal government announced it would provide funding to Dorset Council for the project, following the expiration of its grant due to the state government interventions.

In January 2021 Dorset Council lodged a development application to being work on the rail trail and approved the project in February.

Appeals were lodged with the Resource Management Planning and Appeals Tribunal against the project, with one appeal surviving to hearing stages.