Wilderness Society (Tasmania) Inc v Wild Drake Pty Ltd

The Wilderness Society (Tasmania) Inc sought judicial review of a decision by the Tasmanian Planning Commission to grant a permit to Wild Drake Pty Ltd for development on land reserved under the *National Parks and Wildlife Act 1970* (Tas). The land was under the exclusive management of the Director of National Parks and Wildlife, and a reserve management plan was in existence. The Wilderness Society contended that the planning scheme, which allowed for the grant of a permit if the use was in accordance with a reserve management plan, was invalidly made in relation to reserved land.

The central legal issue before the Supreme Court of Tasmania was whether the *Land Use Planning and Approvals Act 1993* (Tas) authorised the making of a planning scheme that enabled a planning authority to assess and permit development on reserved land, notwithstanding the provisions of the *National Parks and Wildlife Act 1970* (Tas). Specifically, the court had to determine if the latter Act, which vests exclusive management of reserved land in the Director, operated to override or preclude the application of the planning legislation to such land.

The Court reasoned that the *National Parks and Wildlife Act 1970* (Tas) did not preclude the operation of the *Land Use Planning and Approvals Act 1993* (Tas) in relation to reserved land. It held that the planning legislation was intended to apply to all land within the state, including reserved land, and that the planning scheme provisions allowing for assessment against a reserve management plan were a valid mechanism for integrating planning controls with the management of national parks. The Court found that the planning scheme did not usurp the Director's management functions but rather provided a framework for assessing development proposals in a manner consistent with the objectives of the reserve management plan.

The application for judicial review was dismissed.