Environment and Parks – Lake Malbena

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Tabatha Badger MP
September 25, 2024

Ms BADGER – Minister, a few weeks ago, you met with Greg French, who’s the president of Fishers & Walkers Tasmania. He gave you a copy of his book, Wild Heart of Tasmania. I hope you’ve read that book, minister, because it outlines the history of the Lake Malbena saga. Very specifically, it shows that the current proponent of the heli-tourism project was very misleading in his intent for the future of the lease to its previous holder, Liz McQuilkin. He has said that he would still welcome the public to visit the island – that is not true, he is not. And he hasn’t paid his debts – Wild Drake is in liquidation.

Minister, how do you justify that this proponent is still a fit and proper person to hold a private lease over a World Heritage island?

Mr DUIGAN – Thank you. Appreciate the question and I’m indeed a fan of Mr French’s books, particularly a recent gift; he did write a book about all the trout lakes or all the lakes in Tasmania. It’s very helpful if you’re fishing.

Ms WHITE – We know where your heart really is.

Mr DUIGAN – The government is committed to delivering the tourism expression of interest process, and the important role that it does play in facilitating sensitive and appropriate tourism projects within Tasmania’s unique parks and reserves. That is important. We want people to be able to responsibly and sustainably access and enjoy our world-class parks and reserves.

In regard to the Halls Island-Lake Malbena proposal, it remains subject to all local, state and Australian Government planning and approval processes. I won’t be making any comments around historical disagreements between parties; that is not a matter for me.

As I have previously said, I am aware that the environmental organisations lodged proceedings in the Federal Court of Australia in relation to legal costs to be paid by Wild Drake, and they have made an application to have the company wound up. The ASIC website identifies that a liquidator has been appointed. This involves a process that is currently being worked through, with no determination as yet made. I am advised –

Ms BADGER – Minister, I can save you commentary on the legal matters, if you’d like.

CHAIR – Order.

Mr DUIGAN – I’m advised that the proponent has 21 days from the court order to request that the application be overturned. As previously stated, all lease and licence payments owed to the Department of Natural Resources and Environment Tasmania have been paid. As a process is underway, I won’t be dealing in hypotheticals and I certainly won’t be looking to pre‑empt outcomes. The proponent has also advised that they are continuing to work with the Australian Government and are committed to progressing the project and I confirm that the lease is still current.

Ms BADGER – Until when? Was it the 30 September?

Mr DUIGAN – Yes, and just to another aspect of your question around public access. Importantly, I’m advised that access to Halls Island remains available to members of the public.

Ms BADGER – Just a supplementary from that, I’ve sought access and I cannot get a response. Am I free to go there legally, above board, minister?

Mr DUIGAN – Anyone.

Ms BADGER – Anyone? Even me?

Mr DUIGAN – Anyone interested in visiting the island should get in contact with the proponent for information, terms and conditions relating to the public access.

Ms BADGER – That’s great. I’ve been trying for three years. So, perhaps there is a process in place for actually getting a response to be able to go there?

Mr DUIGAN – I think that is probably a matter for the proponent.

Ms BADGER – No, it’s not because you’ve leased the island to the proponent. There’s no conditions for him to adhere to maintaining public access to the island.

Mr DUIGAN – Do you have any further information on that aspect or are you happy?

Ms BADGER – I’m happy to take it on notice just because it’s arisen if that’s helpful.

Mr JACOBI – The public access program has been in place for a number of years now. The proponent developed that public access program to ensure that bushwalkers and fishers can continue to have access to the island and the hut, whilst also ensuring that the environment of the island is protected first and foremost. I’m advised that the outcome of the public access program has actually resulted in increased public access, over and above historical levels. All I can suggest is that I’m happy to take your concerns to the proponent through the Parks and Wildlife Service and ask him directly if he would consider an access arrangement for you.

Ms BADGER – Consider it so he could still deny it – is that right?

Mr JACOBI – Ultimately, it’s a decision for him, but he has always assured the Parks and Wildlife Service that he’s open to any applications for access.

Ms BADGER – If you could follow that up, I would appreciate it. Thank you, Deputy Secretary. My second question.

CHAIR – I think you’ve had a few.

Ms BADGER – Well, I still didn’t get an answer, Chair.

CHAIR – I can’t help if you don’t like the answers. Mrs Beswick, bearing in mind we will break shortly for a short break.

Ms BADGER – Minister, why did it take six years before the department secretary contacted the federal department for the environment to clarify the impact on the Environment Protection and Biodiversity Conservation Act (EPBC) assessment over the Lake Malbena heli‑tourism proposal was having on the urgently required work on Hall’s Hut?

Mr DUIGAN – I will seek some advice on this issue. I have an update on Hall’s Hut. Whether it’s six years or six months, is the question coming back at me.

Ms BADGER – It’s been, I’d say, extremely urgent for six months, but we’ve known about the repairs and the fact that maintenance had to be ongoing on that hut for the full term of the lease, which is six years, if that helps clarify, minister.

Mr DUIGAN – I appreciate the clarification. Thank you for that. I have some comments here that I wouldn’t mind making. That’s around the lease and the hut maintenance. Wild Drake has previously been advised to conduct a self-assessment of any potential impacts to nationally protected matters if they are intending to fly materials in for maintenance on the hut. The proponent has confirmed that he’s received this advice from DCCEEW. Following this advice, the Director of National Parks has also written to the proponent requesting that a self-assessment be undertaken in regard to the conservation works required on the hut, as per the certificate of exemption that was provided by Heritage Tasmania in September 2022. This is a matter for the proponent to progress. However, of note, both Mr Greg French’s correspondence and a corresponding report from Mr Daniel Hackett regarding the condition of the hut was sent to Heritage Tasmania for review on 6 September 2024. Heritage Tasmania reported that an examination of images from Mr Greg French, March 2024, show little decline from those at the time of heritage listing in 2021, and there were no concerns raised by Heritage Tasmania regarding the hut’s condition since its listing in 2021.

Ms BADGER – Thank you for that update, minister.

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