Tasmania specific bushwalking discussion.
Tasmania specific bushwalking discussion. Please avoid publishing details of access to sensitive areas with no tracks.
Mon 01 Apr, 2019 4:09 pm
Is one dependent on the other? For example, if the federal hearing has the proposal declined, will this affect the Tasmanian appeal? If so, it could be argued that the Tassie appeal be put on hold pending the federal result. This may save Tassie interests a lot of unnecessary expenditure.
Wed 17 Apr, 2019 6:45 pm
Some details below of the second process, the RMPAT hearing
from the Environmental Defenders Office Tasmania
I think the EDO would welcome any donations too!
"Wild Drake Tribunal Appeal Hearing Set
Wild Drake Pty Ltd filed an appeal in the Resource Management and Planning Appeal Tribunal (RMPAT) against the Central Highland Council decision to refuse the planning permit application for visitor accommodation on Halls Island located in the TWWHA. EDO Tasmania is acting for parties joined: the Tasmanian National Parks Association, The Wilderness Society Tasmania and two individuals.
The appeal has been listed for a 5 day hearing on 24 - 28 June 2019."
Tue 23 Apr, 2019 9:43 am
Can you cut and paste the mercury article. its behind a paywall?
Tue 23 Apr, 2019 10:10 am
That is strange, I got through and I'm unsubscribed
I cannot get through again.
Tue 23 Apr, 2019 10:26 am
Parks and Wildlife joins Malbena appeal
EMILY BAKER, Sunday Tasmanian
April 20, 2019 10:31pm
THE head of Parks and Wildlife has applied to join the legal push to overturn the Central Highlands Council’s rejection of the Lake Malbena development.
The parks department has confirmed National Parks and Wildlife director John Whittington had applied to join Daniel and Simone Hackett’s appeal of the council’s decision in the Resources Management and Planning Appeal Tribunal.
“The Director of National Parks and Wildlife [Dr Whittington] has sought to be made a party to the appeal as he has a direct interest in the matter due to his statutory function,” a department spokesman said in a statement.
The Primary Industries, Parks, Water and Environment spokesman did not elaborate on the arguments Dr Whittington would make before the tribunal.
Mr and Mrs Hackett want to develop a helicopter-accessed standing camp on Halls Island, which is situated on Lake Malbena in the Walls of Jerusalem National Park. The area sits within the protected Tasmanian Wilderness World Heritage Area.
The Wilderness Society has joined the Central Highlands Council before the appeals tribunal, meaning the green group will try to add weight to the council’s decision to block the project. It kicked off a fundraiser last week with a goal of $50,000 to cover its costs in the tribunal.
It is separately challenging the federal Environment Department’s process of approving the development in the Federal Court.
Speaking on Dr Whittington’s application to join the Hacketts’ appeal, acting campaign manager Tom Allen on Friday described the expressions of interest process as “crazy”.
“The Government has bent over backwards to advantage a private developer to profit from public World Heritage land,” Mr Allen said.
“Government departments are supposed to be neutral but Tasmania’s Parks and Wildlife Service is being turned into a travel agency flogging Will Hodgman’s madcap World Heritage holidays from hell.”firstname.lastname@example.org
Tue 23 Apr, 2019 11:47 am
Its the familiar "Game of Mates" (and cronies).
Here is a link to the book and a short reviewhttps://gameofmates.com/about/
And the review
"James is our most mundane villain. His victim is Bruce, our typical Aussie, who bleeds from the hip pocket because of James’ actions. Game of Mates tells a tale of economic theft across major sectors of Australia’s economy, showing how James and his group of well-connected Mates siphon off billions from the economy to line their own pockets. In property, mining, transport, banking, superannuation, and many more sectors, James and his Mates cooperate to steal huge chunks of the economic pie for themselves.
If you want to know how much this costs the nation, how it is done, and what we can do about, Game of Mates is the book for you. You will find no-nonsense analysis informed by the best political and economic research. Those in the Game are named. The costs of hundreds of billions of dollars a year are laid out. Real solutions are proposed and fake solutions are called out as such"
Tue 23 Apr, 2019 12:43 pm
The National Parks and Wildlife Advisory Council advises on TWWHA management to the Tasmanian and Commonwealth
Governments. The council opposed the development, and now PWS is supporting it. Wow. There are so many holes in the DA it could pass for a Swiss cheese. I thought that the statutory function was to uphold the law, and at present the DA is in breach. The entire concept is in breach.
On another level, with a possible change of federal government in a few weeks and a federal hearing pending, might it make sense to do nothing until these are decided? The Tassie appeal is in late June, so the election will be over and the federal hearing might be.
Wed 24 Apr, 2019 6:38 pm
It is ridiculous that the head of TasPAWS - who are supposed to be in charge of protecting our wilderness - is fighting to privatise and develop a part of it. Shows just how corrupt this government and all its processes are.
Wed 24 Apr, 2019 8:56 pm
I would suggest that John Whittington is being directed to join the legal push to overturn the Central Highlands Council’s rejection of the Lake Malbena development, by Will Hodgman.
Thu 25 Apr, 2019 8:33 am
Which is part of the corruption. Public Service are supposed to operate in the best interests of the general public, without fear or restraint, not to appease the political powers of the moment.
Thu 25 Apr, 2019 9:03 am
I agree with your comment, particularly "Public Service are supposed "- however, we all know that does not happen - never has and never will unfortunately.
Thu 25 Apr, 2019 9:16 am
This is surely the lowest point. A survey of PWS staff would undoubtedly return a massive NO to this type of "development" Wittington is a miscreant who was caught shagging his minister. I feel sorry for his wife, his family and anyone associated with the little worm. Disgusting.
Thu 25 Apr, 2019 9:54 am
He is a Puppet on a string ( of Will Hodgman, and that woman )
Thu 25 Apr, 2019 9:58 am
stepbystep wrote:This is surely the lowest point.
Don't worry. They'll find a way to get below even this bar.
Last edited by north-north-west
on Thu 25 Apr, 2019 4:29 pm, edited 1 time in total.
Thu 25 Apr, 2019 11:17 am
I have just learned somethinghttps://www.abc.net.au/news/2018-10-17/ ... r/10383266
Have there been any developments since October 2018? This line of thought brings a new meaning to being in bed with the devloper.
Fri 26 Apr, 2019 9:54 pm
I'm not sure the personal nature of some of these comments is in the spirit of this forum. The public service's role, including John Whittington, is to implement the policies of the government of the day. The government in turn is elected by us. Whatever is behind the involvement in the appeal, the outcome will be determined by the tribunal.
Fri 26 Apr, 2019 10:29 pm
scrub boy wrote:I'm not sure the personal nature of some of these comments is in the spirit of this forum. The public service's role, including John Whittington, is to implement the policies of the government of the day. The government in turn is elected by us. Whatever is behind the involvement in the appeal, the outcome will be determined by the tribunal.
I understand the tenor of your comment, but I believe you have too narrowly defined the role of the public service. It is permitted to critique, that being an element of the need to implement.
As for elections . . . who is this "us"? As for tribunals . . . who votes for them?
But I agree that personal insult is of no use. I'm glad you've challenged that.
Sat 27 Apr, 2019 6:11 pm
As the election nears, it becomes clearer that our current laws surrounding tourism within wilderness areas and the protection of the Tasmanian Wilderness World Heritage Area are inadequate. These issues have been pushed to forefront by the recent proposal to develop Halls Island on Lake Malbena into a luxury eco-lodge, requiring helicopter access into the Wilderness Area.
This issue is much greater than a single political party or conservationist group; the degradation of appropriate laws and processes regarding developments in wilderness and public land affect us all, with very few reaping the benefits.
Join us on Parliament Lawns on May 11th from midday to hear a range of speakers present their viewpoints on the Malbena Development and the issue wilderness developments. This is a chance for recreational users, conservationists, locals and traditional owners to come together on a common cause, be informed as to political party positions and that of key organisations, and to demonstrate that we won't let this issue be swept under the rug.
Hope to see you all there!
Sun 28 Apr, 2019 4:44 pm
John Whittington is the 'Secretary' responsible under the minister.
Andrew Harvey, of last weeks news, is deputy secretary, acting for Jason Jacobi.
Wearing a parks badge doesn't necessarily mean a childhood spent toasting marshmallows.
And all the fresh eyed newbies are of little consequence.
Nevertheless, be great to see a petition of names for and against development.. !!
Sun 05 May, 2019 10:41 pm
Good to see another political party oppose the development.
Shooters Fishers and Farmers Media Release: LAKE MALBENA
While Shooters Fishers and Farmers Party Tas strongly supports rural and regional development, however after thoroughly consulting within the wider community it has been determined the commercial proposal at Lake Malbena is not in the best interest of Tasmania.
SFFP have been carefully considering the ongoing proposal for commercial development at Lake Malbena in the WHA of the Central Highlands and it not one which traditional fishers support.
This area boasts and is regarded as one of the last if not the last truly wild brown trout fisheries, located within a wilderness area on the planet. It is disease free and genetically pure.
The topographical location gives relatively easy access to anglers and hikers now within this WHA may comprise the integrity of this fishery. This area has been utilised & established as traditional use hiking and fishing area by past generations.
Hiking and wild brown trout fishing in this area is an amazing unique Tasmanian experience and is well known and respected worldwide.
This area of Lake Malbena must be protected and promoted widely for traditional use as a legacy for outdoorsman and women to follow just as our pioneers hoped.
Mon 06 May, 2019 1:21 pm
I imagine most are aware of government intervention here questioning the very legitimacy of Council involvement.
I note they didn't and haven't questioned any decisions made by Kentish Council in regards Cradle Mountain development.
Nor have I heard of intervention from Meander Valley council re upper Mersey, Walls area.
This includes huts within the World Heritage area.
Their (government) latest interference seems just that.
Not sure where they stand in that light.
Tue 07 May, 2019 2:04 pm
An update from Greg French:
As you are probably aware, the proponent of the Malbena development, in cahoots with the state government, has lodged an appeal against the Central Highlands Council’s decision to reject the development application (DA). So much for the proponents’ insistence that we must learn to respect the umpire’s decision. The appeal is scheduled for 24-28 June 2019.
The tribunal hearing is essentially the same as a court case. It will involve barristers and expert witnesses, and all parties will be forced to spend tens of thousands of dollars to defend themselves.
The CHC will be defending their decision. Moreover, a partnership of interested parties including the Tasmanian National Parks Association (TNPA) and several independent individuals will be supporting the council (with different barristers and expert witnesses).
The cases to be presented by the CHC and the Partners are very strong, and it seems that the state government is very scared. The Malbena development was always going to be a test case for privatising other places in the TWWHA, including the Western Lakes, and now the whole of the government’s Expressions of Interest (EOI) program is in jeopardy. Consequently the government has sought leave to argue that the CHC should never have been consulted in the first place, that developments in national parks and World Heritage areas should not be subjected to development applications at all, implying that everything should be at the minister’s discretion. The government has also sought to have the PWS support the proponent of the Malbena development should the appeal be deemed necessary. (This should be interesting as the PWS actually mandated that a DA or other consultative process be undertaken.)
Now, to the pointy bit:
The Partners helping the CHC defend its position will need at least $50,000 (perhaps much more) to run their case. To this end, the Tasmanian National Parks Association has launched its Lake Malbena Appeal Fund (https://tnpa.org.au/donate/
). If the CHC loses its case, it’s open slather on privatisation of the Western Lakes. Also, no matter whether the case is won or lost, the independent voices in the partnership will be well out of pocket if donations are not forthcoming. These independents are colleagues of mine, and have been instrumental in getting the case as far as it’s got. We owe them a debt of gratitude.
The Tasmanian National Parks Association (https://tnpa.org.au/
) is a non-profit, non-government organisation committed to the protection of Tasmania’s national parks and reserved lands. It aims to give park users a voice and involve the community in matters affecting these important and invaluable areas. I wholeheartedly support the TNPA.
If you care about the future of the Western Lakes, please donate generously.
Wed 08 May, 2019 12:11 pm
NOTE: Donations over $2 to the Tasmanian National Parks Association Lake Malbena Appeal Fund (https://tnpa.org.au/donate/
) are fully tax deductible.
So far they've raised just under $10,000.
Even small amounts will help. Don't wake up after the case is finished thinking 'whoops, I could've done more'.
Thu 09 May, 2019 8:56 pm
Tasmanian Attorney-General quiet on Lake Malbena advice
EMILY BAKER, Mercury
May 9, 2019 6:38pm
THE Attorney-General will not reveal whether she requested the legal advice that could overturn a council decision to reject a tourism development in protected wilderness.
The Resource Management and Planning Appeal Tribunal last week heard that the Solicitor-General had provided advice to the Attorney-General that would effectively mean councils have no voice on whether developments on reserve land covered by a management plan can go ahead.
The advice was revealed during a tribunal hearing on the Lake Malbena project, which the Central Highlands Council voted earlier this year to block.
The proposed helicopter-accessed standing camp would sit in the Walls of Jerusalem National Park — which falls within the Tasmanian Wilderness World Heritage Area.
If the Solicitor-General advice is upheld it would pave the way for the project to proceed, and could have implications for other developments.
The Lake Malbena proponents are challenging the decision in RMPAT, and National Parks and Wildlife director John Whittington has applied to join as a party to the appeal.
Asked whether Attorney-General Elise Archer had sought the advice on the application of the Land Use and Planning Approvals Act, or whether it had been offered, a Tasmanian Government spokeswoman said: “The Attorney-General is acting on legal advice in her capacity as the State’s First Law Officer.
“It is one of the non-political roles of the Attorney-General, as First Law Officer, to intervene in such proceedings to seek clarification from the courts on the proper interpretation of Tasmania’s laws.”
The federal Environment Department — which assessed the Lake Malbena project under the Environment Protection and Biodiversity Act, including reference to the state law Ms Archer has now argued does not apply — said it was not aware of the Solicitor-General’s advice.
“The application of the Tasmanian Land Use Planning and Approvals Act 1993 is a matter for the State Government,” a department spokesperson said.
The RMPAT hearing will be held from June 24 to 28.
Fri 10 May, 2019 9:51 am
bogholesbuckethats wrote:“It is one of the non-political roles of the Attorney-General...
Oh, the irony of them claiming "non-political" action on this one...
Fri 10 May, 2019 4:05 pm
Any spare funds???
Many thanks to Flylife and Greg French for continuing to push this issue and providing the TNPA link to donate to the legal fund. I’ve made my donation, I wish it could be much more as the TNPA seems well short of its target. This issue is not just confined to Hall’s Island/Lake Malbena, or the Tasmanian Wilderness World Heritage Area, or just relevant to Tasmania. If this proposal gets up, the rest of the TWWHA and other Tasmanian National Parks will not be safe from development, contrary to the whole purpose of national parks. A precedence will be set for other states and the federal government to follow. I don’t expect Kosciusko, Flinders Chase, Ningaloo, Great Barrier etc will be safe. I see Lake Malbena as the line in the sand. This type of development must be stopped here.
Sat 11 May, 2019 7:52 am
And please remember to spread this message far and wide, email your friends who might be on the fringe of the issue. Ask them to spread the message too! Like so many people have said, this is the time to stand. Imagine if the proposal goes through, and in a few years there are proposals coming out our ears trying to damage our wild places. Wouldn't it be sad to sit there and think "I could have done something about this".
© Bushwalk Australia and contributors 2007-2013.