Legislative Council - Fifty-Second Parliament, First Session (52-1)
2010-05-26 Daily Xml

Contents

KANGAROO ISLAND HELICOPTER FLIGHTS

The Hon. M. PARNELL (15:08): I seek leave to make a brief explanation before asking the Minister for Urban Development and Planning a question about helicopter joy flights near the Southern Ocean Lodge on Kangaroo Island.

Leave granted.

The Hon. M. PARNELL: As all members would know, the south coast, in particular the south-west coast, of Kangaroo Island is a wild and remote place where wildlife can exist with relatively little harassment or interference from humans. It is particularly an important habitat for osprey and sea eagles, as well as the sea lions and New Zealand fur seals. Southern Ocean Lodge was granted development approval on 19 October 2006, after having been declared a major development. One of the conditions of approval was that a helipad, forming part of the development, only be used for emergencies and not joy flights.

This condition was changed on 15 October last year: helicopter flights were to be allowed, but they were to be used strictly for transporting guests to and from Kingscote Airport, were limited to 24 flight movements per year and were to be kept well away from the sensitive coastal environment, including the osprey and sea eagle habitat. Flights were to take off and land in a northerly direction only so as to avoid the sensitive coastal environment.

Recently, another person, operating from a nearby property under the name Heli Experiences, applied for and was granted development approval by Kangaroo Island Council that will result in joy flights over exactly the same area that was denied to Southern Ocean Lodge. Not surprisingly, Southern Ocean Lodge is supportive of the approval, as the helipad will be only three kilometres from their resort, and no doubt Southern Ocean Lodge guests will be a mainstay of the joy flight business. This approval has been appealed to the Environment, Resources and Development Court by, as I understand it, Kangaroo Island Eco Action, and a trial is expected next month. My questions are:

1. Does the minister agree that this development is seriously at odds with the position taken by the government when it approved Southern Ocean Lodge as a major development and banned joy flights only four years ago?

2. If, as local residents believe, this is simply a backdoor way of subverting the current restrictions, what action will the minister take to ensure that inappropriate and damaging helicopter joy flights will not be imposed on this sensitive wilderness environment?

3. Will the minister, under the Development Act, or the Attorney-General, under the Crown Proceedings Act, apply to join the appeal to ensure that the court is made aware of the government's opposition to these joy flights?

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Industrial Relations, Minister Assisting the Premier in Public Sector Management) (15:11): I did receive some correspondence in relation to this matter recently, and I have asked my department to investigate it. As I understand it, the facts, certainly in relation to the conditions that apply to Southern Ocean Lodge, are correct as the honourable member has put them. There were conditions relating to the use of helicopter flights. In relation to the development approval that was given, it would appear that the council has not really contravened that approval but let's just say that it is at variance with the spirit of the decision.

What capacity the government would have in dealing with this issue is something I am currently investigating. That is why I have asked the department to first of all ascertain the facts, which is always important, in relation to the development decision of the Kangaroo Island Council and what it means; and, secondly, to see what action, if any, it would be appropriate to take.

I have not considered the question of whether the government should join in any consideration before the ERD Court, but when I receive the report from the department that is a matter I will consider when I have the advice available to me.