THE Australian Conservation Foundation is appealing a federal department's decision to refuse access to secret documents relating to Toondah Harbour, a planned development on protected wetlands in Cleveland.
The documents relate mostly to meetings between Walker Corp and the Department of Environment and Energy (now Agriculture, Water and Environment) around the time the Toondah Harbour plan was first referred under national environment law.
ACF's chief executive officer Kelly O'Shanassy said the foundation would ask the Administrative Appeals Tribunal to grant access to these documents thus far kept secret from the public.
"Dealings between Australia's largest property developer - also a major political donor - and our national environmental regulator should not be secret," she said.
"The public has a right to know about decisions being made in its name, particularly when ministers reject the advice of their own departments."
According to ACF, when Josh Frydenberg was environment minister, his department advised him on multiple occasions to reject the Toondah Harbour apartment and marina proposal because of the damage it would do to the wetland.
Documents that have been released to ACF and to the media show Mr Frydenberg rejected this advice and instead sent the proposal to the next stage of assessment.
Annual returns lodged with the Australian Electoral Commission show Walker Corporation donated $50,000 each to the Liberal and Labor Parties during the last reporting period for political donations.
"The wetland is supposed to be protected under Australia's national environment law, but systemic failures in our laws mean a proposal to wreck this environment jewel on Brisbane's doorstep have been able to reach an advanced stage in the assessment process.
"Toondah Harbour, on Moreton Bay, is an important habitat for dugongs, dolphins, whales and sea turtles and is renowned as one of the top migratory bird sites in Australia," Ms O'Shanassy said.
A third version of Walker Corporation's proposal is currently being assessed under the national environment law. An environmental impact statement is expected to be released no later than December 2020.
"This is another example showing why Australia needs a stronger environment law and a new independent regulator to oversee decisions made under the law," Ms O'Shanassy said.