The TCT received detailed legal advice from Bleyer Lawyers in August 2021 advising us of the legal opportunities to challenge the proposed Rosny Hill tourism development. Some of our opportunities are well into the future and we must stay vigilant and respond when these present themselves e.g. if a sublease is issued to the proponent for the development.
Our lawyers have written to the Clarence City Council (CCC) advising them that the proposed tourism development that was given planning approval by CCC, nearly one year ago, must also be assessed to determine whether it complies with the National Parks and Reserves Management Act 2002 (NPRM Act). In particular, it must be determined whether the proposed development is consistent with the purposes of the reservation and in relation to the statutory management objectives for a Nature Recreation Area.
It would appear that this assessment must be undertaken prior to any sublease being issued to the proponent of the development. Contrary to what appears to be the position taken by council, council does not have the authority to grant the proposed sublease. The NPRM Act does not allow the minister to delegate that power to the council. It is also our view that the council is legally required to provide the TCT and other interested people in the community with an opportunity to provide input to the assessment process in relation to the NPRM Act. It is also our view that the process under the Environment Protection and Biodiversity Conservation Act 1999 does not substitute the council’s need to provide an assessment under the NPRM Act and to provide for public consultation. The Council at one point suggested that EPBC Act assessment may be sufficient and therefore there won’t need to be any separate assessment against the NPRM Act. More than three months since our lawyer’s letter was sent to the CCC we are yet to receive a substantive response.
Peter McGlone