Environmental Defenders Office, acting on behalf of The Wilderness Society (Tasmania), the Tasmanian National Parks Association and two individuals has filed an appeal in the Tasmanian Supreme Court against the decision of the Resource Management and Planning Appeal Tribunal to issue a permit in December 2019 for the Lake Malbena tourist development in the Tasmanian Wilderness World Heritage Area.
“Our clients are appealing against the permit issued by the Tribunal for helicopter-accessed visitor accommodation in a World Heritage wilderness area in central Tasmania”, said Nicole Sommer, EDO Managing Lawyer, Hobart.
“The appeal is on two grounds. We will argue that the Tribunal made an error of law in its interpretation of the planning scheme in finding that it could rely on the Tasmanian Parks and Wildlife’s Reserve Activity Assessment for the proposal instead of undertaking its own assessment against the reserve management plan for the TWWHA.
“We will also argue that the Tribunal should not have relied on the Reserve Activity Assessment for the proposed development because it was defective.”
An appeal in the Supreme Court can only be taken on a question of law arising from the Tribunal’s decision.