A Federal Court ruling which put aside a decision by the Australian Environment Minister to approve a development at Lake Malbena has been agreed to by the Commonwealth.
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In late 2018, the Wilderness Society challenged a decision by the minister which found no detailed assessment of the proposed development was required under the Environment Protect and Biodiversity Conservation Act 1999.
Wild Drake's proposal would see a standing camp and helicopter landing area constructed on Halls Island in Lake Malbena.
On November 12 this year, the court ruled in favour of the Wilderness Society on two of its three grounds of review and in Perth on Wednesday the Commonwealth conceded to the ruling with Justice Debra Mortimer ordering the minister set aside the decision and a new decision be made.
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A Ministerial spokesperson for Environment Minister Sussan Ley said the department would follow the order of the court but no further comment could be made at this time.
Environment Defenders Office principal lawyer Nicole Sommer said the concession by the Commonwealth its decision was invalid and should be remade showed the Wilderness Society was right to take legal action.
"Our client submitted new evidence to the Environment Minister about this project's noise and impacts on World Heritage values, evidence that was not before the department when the first decision was made," Ms Sommer said.
"This new evidence demonstrates the project is clearly unacceptable because of the significant impact it will have on wilderness values.
"It should be rejected by the minister under the EPBC Act.
"At the very least, the project must now go through a full and detailed assessment, allowing Tasmanians to have a say on what happens in their World Heritage Area."
Wilderness Society Tasmania campaign manager Tom Allen said the decision was a win for all who supported their campaign to keep wilderness for everyone to own.
"To every flyfisher who wants their solitude protected, to every walker who wants to walk in peace and quiet, to everyone who knows there's a better way to do tourism than secretly 'developing' and privatising publicly-owned national parks and World Heritage wilderness at the exclusion of everyone else - this is for you," Mr Allen said.
Mr Allen said Ms Ley could remake the decision.
"We call on everyone who knows there's a better way to do tourism to contact Minister Ley to tell her the Lake Malbena proposal should not proceed but that, if she ignores the clear community consensus against it and remakes her decision, at the very least, it should include an environmental impact assessment that includes wilderness values," Mr Allen said.
"We call on Wild Drake to withdraw its Lake Malbena proposal in favour of something genuinely sustainable, something that's outside a National Park and something that enjoys community support."
Wild Drake proponent Daniel Hackett was contacted for comment.