A promising proposal to divert traffic past Byron Bay’s First Sun caravan park and past the swimming pool fell into a heap at Thursday’s meeting after some councillors appeared confused with what they were voting on.
While Cr Rose Wanchap’s motion appeared to be supported by most councillors, there was an air of panic when the mayor put it to the vote. As usual Cr Simon Richardson called the vote at lightning speed. Cr Rose Wanchap told The Echo, ‘I thought by connecting it to an existing large body of work it would be as- sured of earlier implementation, but alas that is not to be.’ She says that due to the flub, the motion will have to wait three months before re- submission. Alternatively Ms Wanchap said she can ‘take it via one of the traffic com- mittees for presentation to Council after that review’. Regardless, Ms Wanchap says she sees it as a ‘very affordable solution to the pre- sent bottleneck that could be implemented this year, at least before the next silly sea- son if not sooner.’ Affordable ‘It seems a waste to have a very substantial road through the First Sun Caravan Park that could be utilised to keep traffic moving. At the moment it provides income from a handful of campers while our town is blocked from all directions trying to accommodate buses, tourists and residents as they cruise around, lapping town looking for parking spots. ‘It is clear from numerous traffic surveys that 85 per cent of the traffic is caused by day trippers and tourists and they just want to get to the beach.’ Her motion requested that a staff report ‘be provided as to the feasibility and cost of creating two lanes into Byron along Shirley Street from the Woolworths Service Station in to the Jonson/Lawson Street roundabout with one lane turning left and connect- ing via the First Sun Caravan Park with Bay Street at the northern end.’ Instead, councillors voted to continue with the current bypass option of up Butler Street, through wet- lands and crossing the dis- used railway at Mitre 10.
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A unified vote by Byron councillors at last Thursday’s meeting will see two letters sent to state government MPs regarding concerns over the rapidly expanding gas mining industry.
It will be requested that macadamia, dairy and beef industries of the northern rivers be classified as a critical industry cluster (CIC). Only horse breeding and wineries in the Hunter Valley have been classified as a CIC – as Cr Alan Hunter pointed out, it was only because they have open cut mines to contend with. Water threat to region And likewise, Council will express its concerns with pen to paper that ‘gas exploration is taking place in a location (Bentley, west of Lismore) within the surface water catchment of one of the region’s urban water supply sources.’ Cr Duncan Dey’s motion says, ‘Incidents in recent years such as wastewater overflows in the Pilliga State Forest and at Casino demonstrate that the infant unconventional gas industry is either not willing to, or not capable of averting such incidents, and that the planning for and granting of exploration licences was premature.’ Will this all make any difference? Probably not if done in isolation, as Cr Di Woods pointed out. She suggested it would be more effective if all north coast councils were aligned. But that’s notwithstanding the public’s discontent which saw thousands turn out at Bentley recently. One of the most interesting parts of the meeting’s debate was the idea put forward by Crs Hunter and Chris Cubis that Council should instead concentrate on the three Rs: rates, roads and rubbish. We shouldn’t be political, they said. It’s an intriguing argument: should we operate as non- political vessels and let the state and feds take care of us? Or, can humans ever achieve a pure non-political state of being? It’s understandable to want less work given the rates of councillors’ pay, but such is the calling to a higher purpose. The possible contamination of waterways from gas mining at the proposed Bentley site, just west of Lismore, has sparked a motion by Greens Cr Duncan Dey for this Thursday’s council meeting.
Cr Dey, who is also a councillor of water authority Rous Water, warns that Metgasco’s attempts to extract tight sands gas from prime agricultural lands could have ‘catastrophic impacts.’ He says in the upcoming council agenda for April 10 that the risks have ‘not been adequately investigated’. Additionally, Rous Water, which supplies water to Lismore, Ballina, Richmond Valley and Byron LGAs, has called on the state government to prevent gas exploration in areas it is planning to explore for under- ground water sources. It comes as the state government recently announced a six-month freeze on all new CSG explorations. Substantial risk Cr Dey wrote, ‘My view is that the risk to water quality is substantial while the necessity for unconventional gas to be discovered or, if found, extracted in this particular locality is negligible. ‘There is gas elsewhere.' ‘Rous and hence Byron Shire Council and their de- pendent water supply community rely on the Lismore source. If it were to be re- moved from Rous’s supply system, our future water strategy would be undermined in that a replacement source would be required almost immediately. While groundwater is proposed as ‘the new source’, it requires several years of investigation prior to use. But in reply to Cr Dey’s question on possible contamination, Rous staff said, ‘It is unlikely that surface water runoff will have the potential to impact on local tributaries’, but ‘a key question to be ad- dressed concerns the extent to which the upstream migration of contaminants occurs during... intermediate flow ranges, when potential expo- sure could occur.’ ‘This analysis requires consideration of the variability of tidal flows that would also introduce variability to this situation.’ Meanwhile Council’s Infrastructure Services director, Phil Holloway, says in the re- port that council staff contact- ed Richard Green, team lead- er of the state government’s Groundwater North, over the issue. ‘He has verbally advised that they have no concerns with the Bentley project. ‘It’s a conventional gas bore in that they are looking for dry gas, not fracking for coal seam gas. He also advised that groundwater flows very slowly and said that it may not be even possible for ground- water to travel from Bentley to Byron. ‘Without further investigation he couldn’t comment any further on the issue.’ But in his comments Mr Holloway provided the federal government’s Atlas of Ground- water Dependent Ecosystems which, ‘suggest the ground- water between Bentley and Byron Shire could be linked.’ State govt refused to fund water test Regardless, for those living next door, the possibility of toxic spills and runoff are a major concern. Boudicca Cerese from Gasfield Free Northern Rivers claims the water testing that was done last year was insufficient to make any reasonable comparison. ‘What is required is proper baseline data’, she said, ‘not just this one-off testing but actually, over a period of time, through all different seasons.’ Richmond Valley Council, which covers Bentley, commissioned Lismore-based Richmond Water Laboratories to carry out the 2013 testing, with Metgasco paying for the test after the state govern- ment refused to fund it. No baseline testing It was done within a two- kilometre radius of the well’s location, and looked at the water quality in two creeks, two bores and two dams adjacent to the property where the company plans to drill for tight sands gas. The tests will be repeated two months after the drilling is complete and again 12 months later. Cr Dey is asking for Council to write to Macquarie Street- based NSW coalition MPs regarding the dangers of the activity, while Cr Basil Cameron is calling on councillors to support a letter-writing push to include northern rivers agricultural industries as a Critical Industry Cluster (CIC) status. Currently there are only two CICs in NSW: the horse and wine industries of the Hunter Valley. That legislation protects just those two indus- tries from the state’s rapid expansion of gas mining. Botched boat eviction plans by bureaucrat change to year lease for Bruns Buccaneer
The tedious and complicated bureaucracy that nearly sank Brunswick Buccaneer boat hire may soon be over. Well, for a year at least. The Echo reported earlier this year that the manager of the NSW government-run North Coast Holiday Parks (NCHP), Jim Bolger, inexplicably tried to evict the 30-year old business and its operator Ilan Schnitzler a year ago with just four days’ notice. It came without explanation and Mr Bolger told The Echo at the time, ‘the Trust will not take part in discussing licence or legal issues through the media’. But in a turnaround, Mr Schnitzler told The Echo that Mr Bolger had a ‘completely changed attitude,’ at their recent meeting, and agreed to allow the boat hire business to continue for a year. And as the licence makes no guarantees past 12 months, Mr Schnitzler’s solicitor, Claire Lovejoy, told The Echo it was possibly because of the NCHP’s controversial plan of management (POM) for the town- ship, which is yet to be determined. Interestingly, when on exhibition the POM did not include the Brunswick Buccaneer in the plan or maps and instead promoted a deck- ing area at the site. As for the way in which Mr Schnitzler had to navigate the bureaucratic smoke and mirrors, be prepared for layers of confusing regulation. While NSW government departments all appear to share responsibility of issuing permits to access the creek, Mr Schnitzler was advised that NCHP controls the embarkation point at Banner Park. At the high-water mark. Still with us? Smoke and mirrors Now that a licence has been signed by NCHP, he has to go back to Crown Lands, NSW Marine Parks and Roads and Maritime Services (RMS) to get the technical tick to legally operate. ‘Previously the departments indicated that permits would be grant- ed after NCHP gave the licence,’ said Ms Lovejoy. ‘Now it appears some of these departments are dragging their heels with emails unanswered for over a month.’ Mr Bolger, who is also NCHP’s media contact, was asked by The Echo for comment on the reversal of his previous eviction intentions but as of deadline there has been no reply. NCHP controversially took control from Council of public parks and reserves in 2006, and The Echo previously reported that the state government took that revenue away from Council. Additionally, the community be- came enraged at Mr Bolger’s plans to fence off public lands in the town. ■ Disclosure: Mr Schnitzler’s solicitor is a relative of the reporter While the state government spewed its usual rhetoric this week, there was one issue that spun at a higher pitch: the rising unpopularity of fossil fuel expansion, especially in regional areas.
A temporary suspension on the issuing of new coal seam gas exploration licences was announced by the O’Farrell coalition government, while the NSW Labor opposition called on the premier ‘to go further and halt all CSG operations across NSW.’ It’s a turnaround for NSW Labor; when in government previously – for 16 hard long years – they were responsibble for the unfettered expansion of the industry, including $1,000 mining licences and royalty-free periods. Agreement Meanwhile two major gas mining companies, Santos and AGL, have sought to address public discontent with a non-binding agreement with NSW Farmers, Cotton Australia and NSW Irrigators Council. It accepts the right of landholders to refuse miners access to their land for gas development. Notably it poo-poos any neighbour who may disagree, with the agreement stating, ‘The parties condemn bullying, harassment and intimidation by third-party groups and individuals in relation to agreed operations.’ It comes only weeks after a Greens bill to give landowners a say on land access was not only rejected by the major parties, but not even debated. While welcoming the announcement, Lock the Gate’s national co-ordinator Phil Laird said the commitment, ‘is no comfort to our Queensland members or to communities in the northern rivers facing off against gas company Metgasco, and cannot be relied upon unless it is enshrined in law in NSW.’ ‘Our message to the government is this: extend rights and protections not just to landholders, but to the communities that rely on the health of the land and the water. Otherwise a gas company can still undermine the safety and security of landholders by buying high-value farming land for coal seam gas extraction, as AGL has done in the Hunter.’ The newly formed state government department tasked to advise and manage rural lands on behalf of landowners has been forced to apologise to members after letters were sent with wrong and missing information.
Local Land Services (LLS) blamed administration errors for the mistakes, which saw the election postal ballot package to members containing the wrong information for three candidates and the omission of a ‘holding number’, which assists in identifying and registering members hoping to enrol. And the missing holding number appears to be a statewide flub, after the media spokesperson at head office in Tamworth confirmed it with The Echo. But it remains unclear what, if any statewide response was made to the mistake. Byron Shire rural landowner Alan Goldstein told The Echo that when he received the LLS election pack, it was ‘structured in a way to maximise the ways you could turn your vote into an informal one’, and that without careful examination, there are ‘numerous ways you could make a small mistake or omission.’ Goldstein says that more people will be disenfranchised with LSS, ‘because they will not bother to telephone to get their number.’ ‘The office person said their office thought this process was being severely mishandled.’ Local Land Services (LLS) replaced the Livestock Health and Pest Authority (LHPA) and Catchment Management Authority (CMA) from the start of the year and was calling on landowners to enrol to vote on a new board. MP controls board And, like previous incarnations, Goldstein says, ‘LSS beginning to look as if it will continue in the tradition of not actually producing any real outcomes for the money it collects while performing its functions in an entirely unprofessional way.’ ‘The problem with making such criticisms is that it only seems to lead to another review and name change with no real difference occurring.’ Further criticism of the LSS is that the NSW minister for primary industries controls 58 per cent of the vote, effectively negating any democratic accountability. But a spokesperson for NSW minister for primary industries, Katrina Hodgkinson, told The Echo that, ‘it was appropriate’ that the minister controls the board. ‘The funding base is one-third from the ratepayer, while two-thirds of the funding comes from federal and state government. ‘It’s important the minister has a say on how the board runs.’ When asked if he was aware of the statewide mailout blunder, the spokesperson said he wasn’t. So what will the Local Land Services do for rural landowners? While specifics are vague, the new government body claims it will bring together ‘agricultural production advice, biosecurity, natural resource management and emergency management.’ As for accountability, LSS uses language on its website such as ‘administering, developing, implementing, delivery, communicating, consulting and engaging,’ while they are also ‘preparing State Strategic Plans and Local Strategic Plans.’ Education and training will also be part of their services, but comes without further explanation. For more visit www.lls.nsw.gov.au or the class action against it: llsclassaction.com. A voluntary contribution from Belongil landowners affected by beach erosion is the latest plan by Byron Council to help pay for the remaining amount needed for a rock wall that would cover the last stretch of private and public beachfront in the area.
The topic of ‘interim beach access stabilisation works’ again divided the Greens voting bloc at Council’s meeting on Thursday, with Cr Rose Wanchap siding with Crs Diane Woods, Sol Ibrahim, Alan Hunter and Chris Cubis to support funding the rock wall from an environmental levy. But if the Belongil landowners come to the party, the estimated $155,000 from the levy may not be needed. Cr Ibrahim told The Echo that after meeting all the landowners recently, they were open to negotiations and are looking at ways to maintain beach frontage (as rock walls are known to erode beach frontage). While conceding it isn’t cheap, Cr Ibrahim said, ‘there are other beachfront areas all over the world with rock walls that have been engineered to also have beach frontage’. He also challenged the argument that all Belongil landowners are required to have removable houses in case of a severe storm, as per a 1980s agreement with Council. ‘Some are not subject to the 1980s Council agreement because they bought before that agreement,’ he said. Regardless, a foreshadowed motion will see Council wait for legal advice, which is due in a few weeks, and would be considered prior to tenders being called (Crs Cubis, Woods and Hunter voted against). It’s advice that mayor Simon Richardson says was recommended by a panel of experts in coastal management, who recently met with Council. A staff recommendation that funds from an environmental levy be used to fund the project dominated much of the debate, with Crs Wanchap, Woods and Ibrahim claiming that that the geo-bags that are currently in place – and that have been largely washed away – constituted environmental pollution and a threat to sea life. Cr Woods said that in all her years in Council, she had ‘never heard such hypocrisy’. ‘We are told these bags are falling apart and that the environment is being affected. [It comes down to that] some of us want rocks there, and some of us don’t. Every time we get a report that comes before us, it gets delayed… whatever tactics that can be used are put in place to stop it from happening.’ Meanwhile, Cr Ibrahim argued that the works are interim, ‘as rocks can be moved and relocated’. In reply, Cr Richardson said the issue is ‘not about eco-worrying’. ‘If we truly care about the environment, we wouldn’t have walls there so the turtles and birds might have a beach that they could use.’ Eco-worrying While admitting that the walls will happen, Cr Richardson said it was important ‘how it will happen and how to minimise any possible litigation’. Of the recent meeting with coastal planning experts, Cr Richardson said one of the planners, Angus Gordon, told them either ‘to protect or withdraw’. ‘They all said legal clarity is vital,’ he said. Cr Basil Cameron argued that without a coastal zone management plan (CZMP), which is in accordance with the Coastal Protection Act 1979, Council could be ‘open to failure’. ‘We need indemnity that the landowners won’t sue us if the works fail in years to come,’ he said. Council’s director of infrastructure services, Phil Holloway, told councillors that staff will meet with landowners next week. Executive manager of organisational support, Shannon McKelvey, added that any agreement with landowners ‘would only be with landowners, not the land’. Reporting on Byron Shire Council would be much less colourful if local government masochist Fast Buck$ decided to retire from his public-nuisance hobby horse (it’s a recurring threat).
And while using morning public access as a personal therapy session certainly adds theatre to policy making, it’s also awkward at times. For example, calling the mayor a ‘small man’ is simply playing the man and not the ball. Serious questions lose credibility in light of such delinquency. And that can lead to the print media using valuable ink and paper to focus on those inane distractions instead. Is Buck$ the Lenny Bruce of Byron Shire without the Jewish wit? Regardless, one of Buck$’s bugbears this week was – again – reflective of his personal experiences with local government: Why are some compliance matters against residents kept confidential, given that the defendant is usually not asked if they wish it to remain confidential? A courteous phone call could alert you to the fact that your activities are being discussed behind closed doors. Sounds fair enough. As it happened, councillors agreed that day for general manager Ken Gainger to commence ‘Class 4 proceedings in the Land and Environment Court’ against the use of the property at 3822 Pacific Highway, Tyagarah. Moving on, it was another full day of policy which had me wishing I had brought more popcorn and pillows. Creating a noise data history of major festivals held at North Byron Parklands in Yelgun moved closer with all councillors agreeing to consider ‘undertaking independent noise monitoring’ after meetings with those concerned. Cr Richardson’s motion states that there are ‘apparent inconsistencies in information provided.’ Heads up for possible water restrictions too: Cr Duncan Dey announced that Rous advised him at a recent meeting that as Rocky Creek Dam is close to 70 per cent capacity, water restriction implentation is imminent. ‘I don’t think they made an estimate of when that is,’ he said, ‘but they will probably be during March if we don’t get rain.’ Byron alcohol-related violence Cr Dey also advised Council that after the recent Byron Bay Liquor Accord meeting, ‘statistics that the police collect are showing a continuing fall… and the general trend through the summer is in a downward direction for crime statistics in relation to alcohol.’ Again moving on, a regional transport plan by the state government that was presented to the Northern Rivers Regional Organisation of Councils (NOROC) was met with ‘significant outrage,’ said the mayor. ‘NOROC in general were significantly outraged that it was an incredibly weak and flimsy document,’ he said. ‘It was very scant on any sort of evidential data; it was as atrocious as I think all the member councils expected it to be and it was incredibly disappointing.’ The mayor said no timeframes were given, no money allocated, no action plan or commencement dates were provided other than ‘there will be one’. In related planning news, the mayor added that he has discovered that the north coast-specific E zones for the local environment plan (LEP) have been on the desk of NSW planning minister Brad Hazzard for four months. March approved The planned political demonstration against possibly the meanest and dumbest federal government in Australia’s history has been given the green light for March 16. But March in March, which will see Byron Bay take part in a nationwide action, saw councillors divided on whether to support it. Crs Woods, Cubis, and Hunter pushed for being apolitical with Abbott and his henchmen and one woman, and an amendment which failed by Crs Woods/Cubis would have seen Council not give the organisers a slight leg up with fees. Cr Cubis said that, while he supports their right to protest, ‘it is inappropriate to pay for the march,’ and to align yourself with the group is ‘a step too far’. But Cr Cameron’s motion passed, with conditions for the go-ahead including that traffic control and escort be provided by the police and that public liability insurance be in place for the sum of at least $20 million. The event will also be notified on Council’s website and in Council’s notices in The Echo at no cost to organisers. Lastly, and by no means inclusive of everything that transpired, a request to ‘review’ Council’s plant replacement program by Cr Alan Hunter brought about vivid recollections of the psychological battles played out on BBC’s Yes Minister. Yes, councillors, there was slight tension in the air as Cr Hunter pushed for a non-threatening sit-down with staff to look over procurement costings for items such as ride-on lawnmowers. Good luck, Alan! Noise monitoring of events at North Byron Parklands (NBP) in Yelgun will be put to the vote on at this Thursday’s Council meeting after the state government refused to hand over its own internal report to Council.
In his motion, mayor Simon Richardson says, ‘In four years time, Council will be the determining body when considering the long-term use of this site and the appropriateness of holding festivals and events. It is therefore beneficial to Council to have its own set of data, over a few years, from which to judge the noise issue and with which to compare other noise monitoring testing.’ While no funds have been identified for the project, Council staff say they have been quoted $6,900 plus GST per event. In a letter to Council on November 8 last year, the Department of Planning and Infrastructure’s Chris Ritchie wrote, ‘I note you have requested to be provided with a copy of the department’s site visit report from the 2013 [Splendour In The Grass] SITG event. The report prepared by the departmental officer attending the event was prepared for internal information only, therefore I am unable to make this available to Council.’ When The Echo questioned the secrecy, the department’s media spokesperson said the officer who attended the 2013 Splendour in the Grass Festival did not prepare a formal ‘site visit report’. ‘The “report” referred to in the letter to Byron Shire Council refers to informal, internal notes that are not appropriate to release publicly.’ Hans Lovejoy & Luis Feliu
The newly anointed NSW Labor candidate for Tweed, Ron Goodman, wasted no time in trying to wedge incumbent MP Geoff Provest (Nationals) over a paid parking proposal for Tweed Hospital. Goodman is demanding that details be released and wants an explanation to why there has been no public consultation. Mr Goodman said, ‘It is an arrogant money grabbing exercise by the Nationals and shows how out of touch they have become. Patients – many of them elderly – and their families have to drive and they will now have to pay for parking. They will have no choice.’ Until recently Goodman, 41, was the editor of www.mydailynews.com.au (APN) and before that worked at Quest newspapers (Newscorp) in Brisbane for ten years. When asked what he thought were Labor’s weaknesses, Goodman laughed said he ‘wouldn’t buy into that,’ but said that he wanted to contribute to the party to make it better and believed strongly in their core values. Goodman will contest Provest’s seat of Tweed in the upcoming 2015 NSW election. Provest ignored by A Stoner It comes as a Tweed residents’ group were recently snubbed by NSW Nationals leader Andrew Stoner despite a request by Provest for them to meet. Dubbed Save Lot 490, the group has amassed more than 10,000 signatures and is petitioning the government to save a 40-hectare block between Kingscliff and Salt from development. It’s one of the last remaining blocks of coastal land on the Tweed and has been the subject of a public campaign for years. Save Lot 490 group’s Jerry Cornford told The Echo that despite Provest trying to arrange a meeting with the group and Nationals leader Andrew Stoner when he was in Tweed recently, the minister’s staff said he was ‘too busy’. The Echo reported at the time that no details of Mr Stoner’s visit were made available. Last year the embattled Leightons Property group pulled the pin on a proposed resort project earmarked for the site, handing it back to the state government. But in a controversial move, the state government changed the block’s status from Crown land to ‘government property’, which the site’s defenders saw as preparing it for sale. Lot 490 was also the site of a rare species of orchid, Geodorum Densiflorum, destroyed by a fire police believe was deliberately lit in July last year, only two weeks after staff had collected seeds and sent them to the Millennium Seed Project at Royal Kew Gardens in the UK. |
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