Parks – Lake Malbena

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Cassy O'Connor MLC
November 18, 2025

Ms O’CONNOR – Okay, that is good. Could we go now to one of our favourite shared topics, and that is Lake Malbena. What’s your understanding of the condition of Halls Hut at the moment?

Mr DUIGAN – My understanding – hang on, I will read my briefs so I don’t misspeak. My short synopsis would be it’s not materially different to the last time. Okay, Halls Hut, condition of the hut as at 6 September 2024. Both Mr French and Mr Hackett – correspondence regarding the condition of the Halls Hut was sent to Heritage Tasmania for review on 6 September 2024. Do you want me to read the preamble to that, Heritage Tasmania review of Hut:

In regard to the inquiry about the use of a helicopter to undertake maintenance on the hut, Mr Hackett was advised to conduct a self‑assessment of any potential impacts to nationally‑protected matters to determine if flying to Halls Island and undertaking maintenance would require referral under the EPBC Act. The proponent has confirmed he has received this advice from DCCEEW. I understand the proponent is in ongoing discussions with DCCEEW in relation to progressing this matter. The Department of NRE Tas has also written to the proponent seeking an update from the proponent of this matter.

30 April 2025, condition of the hut: Heritage Tasmania reported that an examination of images from Mr Greg French in 2024 show little decline from those at the time of the heritage listing in 2021.

I would reiterate Heritage Tasmania have not raised any concerns regarding the hut’s condition since its listing in 2021.

Ms O’CONNOR – Thank you, minister. Can you confirm that is information from late last year that’s provided to you?

Mr DUIGAN – I think April 2025.

CHAIR – September 2025, you said.

Mr DUIGAN – I sent a heritage review on 6 September 2024. Look, let’s say September 2024.

Ms O’CONNOR – Okay, thank you. What action has Parks undertaken in the past year, for example, to determine whether or not the conditions of the Halls Island hut lease, to quote:

maintain and keep the lessee’s improvements in good repair and condition consistent with their condition on 1 September 2017.

What work has Parks undertaken? It doesn’t sound that much has happened for the past year on the condition of Reg Hall’s hut.

Mr DUIGAN – On the basis of there being no concern from Heritage Tasmania, I’m not sure that there would have been any work.

Ms O’CONNOR – So has there been any follow‑up from the department since Mr Jacobi wrote to Mr Hackett and requested that he undertake a self‑assessment to determine whether his Halls Hut maintenance proposal needed to be referred for EPBC assessment? Fishers & Walkers Tasmania was advised by Mr Jacobi that, ‘NRE Tas will continue to liaise with the proponent in regard to this matter,’ but when the stakeholders made inquiries with NRE more than 12 months after Jacobi’s letter, they were told that beside an understanding that the proponent was continuing to liaise with the federal department, there were no further updates. Has NRE followed up on this?

Mr DUIGAN – Sorry, could you just take me back to the first bit of that?

Ms O’CONNOR – Has NRE followed up on a statement made by Mr Jacobi to a key stakeholder, Fishers & Walkers Tas, that NRE will continue to liaise with the proponent in regard to whether or not Halls Hut and his maintenance proposal needed to be referred for EPBC assessment?

Mr DUIGAN – I think, as I mentioned, in regard to the inquiry about use of the helicopter to undertake maintenance on the hut:

Mr Hackett was advised to conduct a self‑assessment of any potential impacts to nationally‑protected matters to determine if flying to Halls Island and undertaking maintenance would require a referral under EPBC. The proponent has confirmed he has received this advice from DCCEEW.

Ms O’CONNOR – That he needs to refer it for EPBC assessment?

Mr DUIGAN – A self‑assessment. I understand the proponent is in ongoing –

Ms O’CONNOR – But the self‑assessment, as I understood it, was to inform whether or not the federal department would need to undertake an EPBC assessment.

Mr DUIGAN – I understand the proponent is in ongoing discussions with DCCEEW in relation to progressing the matter.

Ms O’CONNOR – Is that year‑old information as well? I mean, we’re just trying to –

Mr DUIGAN – Yes.

Ms O’CONNOR – I mean nothing happens with this lease except, you know, the EOI still stands, Daniel Hackett, you know, there’s been a liquidator appointed for his company –

Mr DUIGAN – The reality of this – yes, all of those things –

Ms O’CONNOR – and yet, he still has this peppercorn lease on a whole island in the TWWHA.

Mr DUIGAN – Well, his lease has gone up sort of year‑on‑year –

Ms O’CONNOR – Well, you re-signed it after he’d been bankrupt. Why?

Mr DUIGAN – Because Mr Hackett is working his way through the gears of government ‑

Ms O’CONNOR – It’s very special treatment.

Mr DUIGAN – No, I don’t believe it is at all. I think it’s entirely appropriate for that extension to be applied while he is engaging with the Commonwealth government to meet its requirement. I don’t think that’s unreasonable in any way.

Ms O’CONNOR – Is Mr Hackett a friend of yours?

Mr DUIGAN – No. I don’t think I’ve ever met Mr Hackett.

Ms O’CONNOR – Okay, just double-checking, because I’m trying to get to the bottom of why he apparently – this solo operator with a bankrupt company gets special treatment, a peppercorn lease over an island in the TWWHA, special treatment from the state, handled with kid gloves.

Mr DUIGAN – I don’t – I’m not making any – no.

Ms O’CONNOR – Well, why is it still carrying on?

Mr DUIGAN – Because it’s in the federal government process waiting to be assessed.

Ms O’CONNOR – Yes, but all of that time while that’s been waiting, it doesn’t seem like Parks has even dropped in on Halls Island and had a look at this heritage hut with extraordinary value. They got Hackett to self‑assess.

Mr DUIGAN – Again, a heritage‑listed building site with no concern from Heritage Tasmania. You know, it – I know it raises your hackles, but it’s not raising mine.

Ms O’CONNOR – Well, any sort of private ownership of public, protected lands raises the hackles of a lot of Tasmanians, as I’m sure you’re aware. I’m sure you’re aware.

Mr DUIGAN – I am aware.

Ms O’CONNOR – You got any update from the Commonwealth on when they might respond to the EPBC question?

Mr DUIGAN – I don’t believe so.

Ms O’CONNOR – Made any inquiries?

Mr DUIGAN – No. Well, I haven’t.

Ms O’CONNOR – You’re just going to let it keep rolling along, or is there any information that your Parks advisors can provide?

Mr DUIGAN – Well, we don’t monitor or oversee Commonwealth functions, typically, I don’t know – sorry, I should have checked with my team: anything to report?

Ms MULLER – No.

Ms O’CONNOR – So, this is an expression of interest project. It first came forward, as I understand it, in 2016. That’s nine years of dividing a community, alienating Fishers & Walkers. I mean, at some point, surely you as minister understand you have to kind of, you know, cut the cord?

Mr DUIGAN – Imagine being the proponent. Nine years in the government.

Ms O’CONNOR – Daniel Hackett? Well, he can console himself on his little private island that the government of Tasmania gave him for eight bucks a year, or whatever it is.

Mr DUIGAN – I don’t think it’s eight bucks a year, but anyway.

Ms O’CONNOR – It’s the equivalent.

Mr DUIGAN – As I say, I am not uncomfortable to extend that lease while this process continues.

Ms O’CONNOR – For how much longer?

Mr DUIGAN – For as long as it takes.

Ms O’CONNOR – Is that right? So in 10 years, we could be having the same conversation. It’s terrible. It’s a public protected area, an island in the World Heritage area.

Mr DUIGAN – In the recreational zone, anyway.

Ms O’CONNOR – Yes, the recreational zone, your colleagues in government stitched up so you can get your developer mates in there under private assets. Yes, we know that.

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