On Monday 21 October 2019, the RMPAT handed down the long-awaited decision on the proposed Lake Malbena development. During the appeal, The CHC, Wilderness Society Tasmania, and Tasmanian National Parks Association (TNPA) were represented by the Environment Defenders Office (EDO) and gained success on two jurisdictional points relating to the application of the Land Use and Planning Act on reserved land; to the application of state legislation to matters protected under the Environment Protection and Biodiversity Protection Act 1999. However, it was ultimately found that RMPAT did not have the scope to assess the development against the existing management plan:
“The Tribunal has decided that it did not need to assess whether the proposal complied with the reserve management plan for the Tasmanian Wilderness World Heritage Area, as that assessment has already been completed by the Tasmanian Parks and Wildlife Service in the form of a Reserve Activity Assessment (RAA).”
Reserve Activity Assessment questionedThe legitimacy of the RAA process has been contentious since its introduction, as it is a non-statutory process that does not guarantee public consultation and does not offer any rights to appeal. Further, the RAA does not require independent assessment of impacts on wilderness or input from the State’s own advisory bodies. As it stands, this is currently considered our “gold standard” for assessment of developments, yet as mentioned above is found wanting.
Changes to the state-wide planning scheme are to be introduced next year and will effectively mean development on reserved lands bypass local council approval. This means that any future development on reserved land would only require approval through the RAA process, and therefore does not guarantee any public input. The proposed changes to the planning scheme highlight why it is essential that the RAA
process is changed to allow community consultation and a right to appeal, essential components of a democratic process.
Though it may seem as though the proposal has been given the green light, the appeal is still ongoing and the Central Highlands Council has 14 days to lodge draft conditions on the planning permit. After that time, each party has an additional 14 days to file a response or appeal the decision in the Supreme Court. The lawyers representing the CHC are still in consultation to determine the most appropriate course of action, and it is critical to maintain the conversations around this to keep the issue in the forefront of people’s minds and the media.