Lake Malbena luxury tourism proposal withdrawn from planning tribunal, but proponent vows to continue

The withdrawal came after a series of court appeals that ultimately landed it back in the Tasmanian Civil and Administrative Tribunal, formerly RMPAT, with a hearing due on Friday which will no longer go ahead.

Central Highland Councils initially rejected the proposal in February 2019, which was overturned in the planning tribunal, approved by a single Supreme Court judge on appeal, then rejected by the majority full bench of the Supreme Court which sent it back to TASCAT.

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Opponents have cautiously welcomed the news, but were concerned about the proponent - Wild Drake, owned by Daniel Hackett - planning to continue the federal process.

Tasmanian National Parks Association president Nick Sawyer said his organisation believed this hinted at potential changes to state laws to avoid another development application process.

"That implies that Wild Drake expect to get state government approvals as necessary somewhere down the track by some other mechanism which is not at all clear at this stage," he said.

"Despite the fact that if there's one thing that the process has so far surely proven, it is that this proposal has not got a social license.

"It would be really nice if it was a clean 'this is the end of the project' victory. But it's not quite that unfortunately for us and our supporters."

But Mr Hackett said he still planned to return to the local planning approvals process once the federal process had concluded.

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"The proposal is presently subject to ongoing assessment under the Environment Protection and Biodiversity Conservation Act 1999," he said.

"We will be turning our considerations to this assessment after the summer break, and will re-enter the local planning process at the conclusion of that process, with additional clarity.

"It is important to highlight that the project has passed all merit-based assessments and decisions at the local, state and federal level, and the current approvals hurdles have related to the legal drafting of these decisions."

The proposed flight path from Derwent Bridge to an exposed rock landing area near Lake Malbena had been altered as part of the federal process to reduce the time the helicopter would be above the Wilderness World Heritage Area.

Visitors would pay $4500 for three nights as part of the proposal.

Opponents have argued that the presence of the helicopter degraded wilderness values, while the planning appeals focused heavily on the "standing camp" on Halls Island, within Lake Malbena.

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The federal environment minister requested more information as part of the EPBC Act matter, finding it was likely to have an impact on wedge-tailed eagles.

Wild Drake's legal counsel - Shaun McElwaine SC - withdrew from the case last week, due to being appointed as a judge to the Federal Court.

Environmental Defenders Office Tasmania managing lawyer Claire Bookless said their clients had been awarded full costs in the Supreme Court, and they were considering their options regarding TASCAT costs.

She said they were treating the TASCAT withdrawal as a victory.

"This case really emphasises the importance of the community having a right to have a say about developments that are proceeding within Tasmania's public land and reserves," Ms Bookless said.

"We would urge the Tasmanian Government to maintain or strengthen these rights in upcoming reforms of both the planning and parks laws."

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The Wilderness Society Tasmania was pleased with the withdrawal, but held concerns for other projects being proposed under the government's expressions of interest process, particularly the South Coast Track.

Spokesperson Tom Allen said they would continue fighting against proposals in national parks.

"What worries us is that the Gutwein Government's parks privatisation policy remains on the table and continues to invite tourism proposals that breach the statutory management plan," he said.

Wild Drake's lease on Halls Island remains in place, having been granted in January 2018.

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