English
The appellants were the proprietors of a block of land and were requesting a development proposal for an eco-tourism and residential development. The development included cabins, restaurant, stores and a conference centre.
The Council originally supported the application however ultimately refused it on the grounds of directions from the Department of Natural Resources and Water. The directions were based on loss of biodiversity and loss of viable networks of wildlife habitat.
The applicant argued that the development refusal should overturned because the proposal made provisions for biodiversity and conservation and the applicants were willing to comply to further conditions.
It was held that there was too much uncertainty in the effectiveness or security of the conditions. Additionally an alternative site for the proposal was found that did not involve the clearing of habitat. It was held that the ecological value outweighed the benefit of the ecological tourism.
The precautionary principle, whereby ‘the lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment if there are threats of serious or irreversible environment damage,’ was held necessary to be applied.
The application was refused and the appeal dismissed.
(Summary provided by Eva Sheppard from the Queensland University of Technology)