In North-East NSW 'a "reduced survey effort" and the dropping of a longstanding rule applying 20 metre buffers to "high-use" areas' is being proposed. How much more can a koala bear?

PHOTO: Australia Zoo in The Age

The Forestry Corporation of NSW (originally the Forestry Commission formed by an act of the NSW Parliament) is the largest manager of commercial native and plantation forests in New South Wales.

Not content with revenue of $339 million and underlying profit after tax of $36 million in 2015-16 (latest annual report) it wants to increase its harvesting range and is coming after quality koala habitat on the NSW North Coast.

ABC News, 3 June 2017:

Many of Australia's most iconic marsupials will lose protection from logging bulldozers, under a radical overhaul proposed in secret Forestry Corporation documents.

The documents, obtained by the ABC, propose the elimination of long-standing threatened species protections, such as site-survey rules, in many NSW state forests.

Intense clearing in northern regions, and increased access to protected stream-banks across the state are other major changes.

Environmentalists say if current rules are trashed, protected marsupials including koalas, wombats, quolls, and gliders will be stealthily eliminated.

"If you don't look, you don't find and if you don't find you don't protect," said conservationist Dailan Pugh, from the North-East Forest Alliance.

The conditions are part of new forestry agreements — known as Integrated Forestry Operations Approvals (IOFA) — and cover four major operational areas across the state. Final details are expected to be announced later this year.

Wombats, quolls, koalas face loss of exclusion zones

PHOTO: Wombats could be "buried alive" as their burrows are crushed by machinery, Mr Pugh says. 
(Supplied)

Many iconic marsupials face additional changes in the draft proposals.

The highly endangered spotted-tail quoll faces a 70 per cent reduction of no-logging zones around breeding dens — reduced from 12 hectares to 3.5 hectares.

Wombats, another protected species, are geographically protected by a line north of the Oxley Highway, requiring a 20 metre logging exclusion zone around burrows.

But Forestry Corporation negotiators want to redraw that protective line further north to Waterfall Way — eliminating the 20 metre exclusion in a vast logging zone between Coffs Harbour and Port Macquarie.

Mr Pugh said that would lead to "more wombats being buried alive, as their burrows are collapsed by machinery and falling trees".

He said environmental regulators, such as the EPA, should address declining wombat numbers by expanding current protections state-wide.

For koalas in north-east NSW, Forestry Corporation proposes a "reduced survey effort" and the dropping of a longstanding rule applying 20 metre buffers to "high-use" areas.

It says future protections are "to be developed" utilising new models to retain habitat.

Cost savings if animal surveys dropped

Currently, prior to harvest, logging companies must survey for 87 vulnerable animals, many already facing threat of extinction.

Where an animal habitat is found, operators then implement site protections such as exclusion zones before logging is approved……

PHOTO: Animal surveys normally trigger the protection of trees that may be favoured by red-tailed black cockatoos.

(Supplied: Western Australian Museum)

The author cites "significant cost saving" as a benefit of making the change.

But former Forestry scientist Robert Kooyman worried relaxing the rules around surveys would harm up to 49 animal species.

"Forest management requires that you know what it is you are managing," he said.

"While historic records provide an indication of habitat use, they are inevitably incomplete, do not reflect the dynamics of forests, and many animal species are highly mobile within their range and habitats, and follow resources."……

NSW Berejiklian Coalition Government has decided that a new group will be added to those already receiving under-the-table largesse from corrupt developers

If the investigative history of the NSW Independent Commission Against Corruption (ICAC) since its inception in 1988 (as well as the existence of the Pecuniary Interest & Disciplinary Tribunal) wasn’t proof enough that everyone from ministers of the Crown, members of parliament, judicial officers, public servants, local government councillors and council administrative staff, are capable of being corrupted by rapacious developers, the Berejiklian Coalition Government has decided to increase the field for the convenience of their bagmen by adding yet another layer to the development consent process.

The Sydney Morning Herald, 30 May 2017:

Councils are set to be stripped of the power to determine development applications above a certain value in a governance shake-up that will mandate the use of independent planning panels across most of NSW….

Draft changes to the Planning Act released by then planning minister Rob Stokes in January proposed empowering the minister to order a council to use an independent panel for development applications in certain circumstances…..

it is understood new Planning Minister Anthony Roberts believes that mandating Independent Hearing and Assessment Panels (IHAPs) is an important probity measure.

The panels, which are optional at present, are used by large councils, including Parramatta and Liverpool.

Fairfax Media understands Premier Gladys Berejiklian and Mr Roberts are considering the change alongside a suite of housing affordability measures to go to cabinet this week.

The final shape of the independent panels has yet to be decided but it is likely they would operate in a similar fashion to the existing IHAPs.

NSW Minister for Planning Anthony Roberts pressuring Byron Shire Council on behalf of millionaire developer

The Northern Star, 20 April 2017:

BYRON Shire Councillor Cate Coorey has reacted angrily to a letter received by council from NSW Minister for Planning Anthony Roberts, pushing council to make a Draft Control Plan for the West Byron site that she and a number of other councillors see as flawed.

At a meeting on November 17 last year, council resolved "that subject to peer reviews of frog, koala, traffic, and water and flood management reports, council (should) approve the Byron Shire Development Control Plan 2014".

Instead, the Planning Minister is pushing council to make the DCP without the reports…..                                                                                                                                                                      

"The minister that approved this rezoning never came to Byron and does not understand the site.

"Now this new Planning Minister is doing the same. The State Government ignores what the people of Byron want."

"The previous council did nothing with this DCP - they were happy to accept the one put forward by the developers, which took no account of the major issues with the site - koalas, endangered frog habitat, acid sulfate soils, flooding and traffic.

"This council is trying to address these serious issues and we are being bullied by the minister, who is threatening to make the DCP himself if we don't submit the inadequate one that we were trying to amend.

"Minister's letter to us says - the proposed amendments, if pursued, would likely result in significant land-forming works and clearing to enable drainage, and a loss of dwelling yield across the site.

"Drainage on West Byron is fundamental to the site……

According to a 20 April 2017 newsletter from the Saddle Ridge Community Action Group: 

Today was a terrific day at the Byron Shire Council meeting.

Four substantial motions that went against staff recommendations.

1.  A motion to return public lands in Brunswick Heads to the community from North Coast Holiday Parks and a restriction limiting them from expanding into the Cypress Pine WW1 memorial grove.  We now have to wait if North Coast Holiday parks will challenge this legally.

2. A motion blocking any attempt to allow heliport operations at Tyagarah airfield and a further motion raising a number of significant issues that need to be addressed before any further expansion and intensification of the airfield goes ahead.

3.  A final attempt by council to write to the Minister seeking peer review of certain elements of the West Byron DCP before it is signed off by the Minister.

4.  The re-exhibition of the Byron Rural Land Use Strategy for a further 28 days with a report to be brought to council before it is again sent back to the Minister.

[my yellow highlighting]

BACKGROUND

The Northern Star, 5 June 2014:

A QUEENSLAND property developer is understood to have bought a major share of the controversial West Byron development.

The Byron Residents' Group, which opposes the development, described the new landowner, property developer Terry Agnew, as "a big player in the Sydney CBD property market" who is about to start building a major resort development on Great Keppel Island.

"We have always been concerned that the West Byron landowners were simply trying to get the development approved before selling out to a developer who could afford to undertake a project of this size," Cate Coorey of Byron Residents' Group said.

"For a long time we have been told that it is local people involved in this development and they have the community's best interests at heart. Now that a major developer has bought this parcel, it changes the landscape quite a bit."

The Northern Star, 5 May 2015:

IT WAS claimed that the West Byron development would alleviate housing distress and make housing more affordable.

But the Byron Residents' Group says recent media reports show this claim to be bogus.

Spokesperson Cate Coorey says the truth about the planned development, a 108 hectare housing/commercial estate opposite the industrial estate on Ewingsdale Road, has started to emerge with reports saying the major landowners are "planning to develop about 500 houses on 600sqm lots to be priced from $850,000 on a 70ha site."

"I doubt many people who are looking to buy "affordable" homes would be considering $850,000 plus price tags," she said.

The reference to the price of the planned homes was in a report in the Weekend Australian.

Echo NetDaily, 21 September 2015:

A major player in the controversial West Byron development appears to be pulling the plug on his holding just days before the council’s Development Control Plan (DCP) for the subdivision is due to go on exhibition.

Prominent Sydney CBD property developer Terry Agnew bought a sizeable portion of the project early last year from failed local property company Crighton.

He now looks set to make millions of dollars in profit just for sitting on the land for a matter of months.

Mr Agnew’s company Tower Holdings has refused to comment on the issue but a sizeable advertisement appeared in Saturday’s Sydney Morning Herald, with a bird’s-eye view of the land for sale, which appears to be his holding.

In May this year Mr Agnew was spruiking the high prices of Byron land and this is echoed in the ad, which reads ‘Byron Bay median house price is now $966,000.’

The ad says the parcel potentially contains allotments for ‘300-450 dwellings’

The Australian, 10 September 2016:

Property developer and Great Keppel Island owner Terry Agnew’s mansion Rona, fronting Fairfax Road, Bellevue Hill, will soon hit the market through Laing & Simmons agent Bart Doff, as revealed in The Australian earlier this week. Doff says the property is a “beautifully renovated six-bedroom mansion with Opera House and Harbour Bridge views as well as uninterrupted views north to Manly”. Agnew is decamping further north to his Wategos Beach mansion in scenic Byron Bay. His daughter, a champion rower, is moving to the US to study while Agnew’s son is weeks away from completing his senior schooling — hence the desire to downsize.

The Australian,  7 September 2016:

 Rona, one of the ­nation’s grandest estates, will hit the market officially with hopes of $65 million.

Rona’s vendor, property developer Terry Agnew, paid $20.5m for the 45-room estate at 49-51 Fairfax Road, Bellevue Hill, in January 2005.

Echo NetDaily, 12 April 2017:

A planning ‘instrument’ that gives the community and councillors a say on one of the largest Byron Bay suburbs in a generation has been circumvented by Gold Coast developer Villa World Ltd.

Instead, a 290-lot development application (DA) was lodged for around a third of West Byron land last week.

Villa World say they are in a joint venture partnership with Sydney-based developer Terry Agnew, who purchased approximately a third of the 108 hectare lot around two years ago.

The land is located opposite the arts and industry estate on Ewingsdale Road.

Councillors and staff had been working through a revised development control plan (DCP); however, Villa World development manager Peter Johnson told The Echo that owing to a change in NSW premier and planning minister, the company were unsure of a determination timeline and have instead circumvented the DCP.

A DCP is a specific planning ‘instrument’ for the site, and aims to address specifics such as traffic and the endangered koala and frog habitats.

[http://www.echo.net.au/2017/04/planning-minister-threatens-intervention-west-byron/]

NSW Berejiklian Government continues to say no to coal seam gas mining in the Northern Rivers region

The Daily Examiner, 22 March 2017:

THE NSW Government has ruled out coal seam gas mining and exploration on the North Coast.

Deputy Premier John Barlilaro put a line through it yesterday during unveiling of the The North Coast Regional Plan at Coffs Harbour yesterday.

"We've heard the community's viewpoint on coal seam gas loud and clear and this plan states that CSG resources on the North Coast will remain in the ground,” Mr Barlilaro said.

The Member for Clarence, Chris Gulaptis, was another member of the government happy to keep CSG in the ground.

"Despite what the deputy Prime Minister, Barnaby Joyce, might be saying there is no appetite for coal seam gas mining on the North Coast,” Mr Gulaptis said.

Mr Joyce last week floated a national plan to give farmers who allowed gas wells on their land a 10% share of the royalties generated….

Mr Gulaptis said there was also no appetite to allow CSG mining exploration in the government.

"The government has bought up the exploration licences on the North Coast and in reality there's plenty of natural gas around,” he said.

Mr Gulaptis said the claims of a "gas shortage” in Australia were hard to understand.

"We've got plenty of gas in Australia,” he said. "The issues seems to be ensuring there is enough of it directed to domestic supply and not go offshore.

Berejiklian continues Baird privatisation madness

The Sydney Morning Herald, 12 March 2017:

Serious concerns are being raised about the Berejiklian government's land titles registry sell-off, with multiple parties privy to the process claiming it is being rushed and the wrong model is being used.

One source in the data room says the auction of Land and Property Information (LPI) is going too fast and critical details are being missed, while another insider warns the public might be short-changed $3-4 billion.

The well-placed insider questioned why the government was treating LPI as an infrastructure asset when it was a data and technology one. 

"They're using a model that works for ports, toll roads and power stations, but LPI is completely different; it's a technology asset on the cusp of the biggest technological change in 150 years [moving from paper to electronic titles]," he said.

"They should be using the Telstra model and progressively privatising LPI, which will raise capital, create a commercial focus and fund the building of digital technology and services."

The government is leasing LPI for 35 years and hoping to reap $2 billion, which it plans to spend on rebuilding sports stadiums, despite protests from peak bodies for lawyers, developers and surveyors, that say the integrity of the state's world-class land titles system is at stake.

LPI, which enjoys a 70 per cent profit margin, generated $190 million in revenue in 2015-16. Fees for regulated products will rise by CPI each year.

"It's a bargain, and I believe they're under-selling it by $3-4 billion," the insider said.

He says there's confusion as to why the government was rushing the process, especially with an enviable balance sheet. This claim was backed by a potential buyer.

"There's a sense of urgency and it's very end-date driven," he said. "It's been more about getting this done and not about whether it's being done in the right way."

The source revealed there was a small group within government "hell bent" on privatising LPI. He added there was an "unhealthy influence" of the big infrastructure companies.

"There's an unholy alliance of consultants and advisers, all of whom are earning good fees, and there seems to be a pre-destined outcome," he said. "It's a privatisation feeding frenzy."…

Is the NSW Dept. of Industry seeking to significantly expand the Port of Yamba?

This is the poster being distributed on behalf of the Berejiklian Government by the NSW Dept. of Industry – Lands, which is responsible for managing Crown lands in New South Wales.

The Department privately sought comment from other government agencies and industry sometime around September-October 2016, before it came north with a set agenda to conduct a brief workshop which it attempted to limit to a handful of local Clarence Valley commercial “stakeholders” in December 2016.

This is what was supposedly taken away from those private discussions and that workshop:

Yamba is a priority location under the NSW Freight and Ports Strategy, with the NSW Government’s desire to support efficiency, connectivity and growth of the freight transport network.

The Clarence River Way Master Plan developed by the Clarence Valley Council identifies the Council’s desire to promote Yamba as the gateway port to the Clarence.

To achieve this, the Masterplan outlines twelve actions that include the promotion and development of port facilities, maintaining the port as a deepwater anchorage and working port, developing the port for the mini cruise market, expanding the shipbuilding and repair facilities, and the inclusion of mixed use commercial and retail opportunities.

The NSW Government has recently funded and/or identified a number of priority projects including the pontoon at Ford Park, River Street, Yamba Bay boat ramp carpark improvements, the Hickey Island boat ramp carpark upgrade, access improvements for the Clarence River Canoe and Kayak Trail, location for sewage pump-out in the upper Clarence River and Yamba boating access improvements.

The Department of Industry - Lands are currently conducting works on the Clarence River southern breakwater, with works on the catwalks and revetment wall, as well as the Yamba access ways having been completed earlier in 2016.

Iluka is located on the NSW north coast along the Clarence River and is bounded by Queen Street and lluka Bay.

The Clarence River Way Master Plan developed by the Clarence Valley Council identifies Iluka as a river town that is a key tourism and service hub for the Clarence River with an upgrade to the public domain and setting the existing marina, and investigating opportunities for marina development deemed as important.

The NSW Government has recently funded and/or identified a number of priority projects, including the Crown Street Boat Ramp Jetty and the upgrade of the Spencer Street jetty.

Under the Coastal Infrastructure Program, the Department of Industry - Lands repaired the Clarence River Northern Breakwater. Additionally, there are works proposed for the finger jetties and refuelling jetty maintenance. [my highlighting]

Now it is asking for input from the community – presumably to gain some comment it can present as evidence that its entire agenda is supported locally.

This agenda misrepresents the Port of Yamba as "a priority location under the NSW Freight and Ports Strategy". It was only one of six ports and twenty-three coastal harbours included in that 236 page report published in 2013 and only rated a relatively brief mention.

It also misrepresents the 2009 Clarence River Way Master Plan which is heavily focussed on tourism expansion. The plan only allowing for limited expansion of existing industry.

Apart from a two sentence commitment to keep Yamba a "working port" with deepwater achorage it makes no mention of freight activity in any one of its 35 pages.

The former Minister for Roads, Maritime and Freight certainly didn't view the port as urgently requiring a new strategic approach, however the new minister in this portfolio Nationals MP for Oxley Melinda Pavey may have a different perspective.

While eight of the nine current Clarence Valley councillors went to the the 2016 local government election stating that they were not in favour of a heavily industrialised mega port and so might in 2017 be reluctant to fully support the Department's future plans for the working port once these are revealed.

I suspect that Yamba has only come to the forefront after Liberal and Nationals politicians and public service mandarins in Farrer Place & Dangar began to look for regions outside of Sydney where an excuse might be created to convert Crown land into private title.

The current Dept. of Industry-Lands agenda includes what appears suspiciously like a fairly softly, softly approach to gain tacit community agreement for future industrialisation of the Clarence River estuary, including the sell-off, lease or transfer of vacant Crown lands for commercial development.

Additionally, the expansion of Goodwood Island port facilities - which was specifically excluded from the Department's workshop discussion - is apparently now on the table because the online survey canvasses opinion on port freight levels. 

This marches in step with the vested interests of a number of professional consultants, financial advisers, investment fund managers, property conveyancing law firms and property developers whose as representatives made appearances at the NSW Legislative Council Inquiry into Crown Land, with one Sydney-based group including a Yamba super port proposal in their wish list.

It is perhaps no accident that this current online consultation finishes early next month - the same month the Berejiklian Government is due to deliver its response to the parliamentary Crown lands inquiry report.

I note that on 8 September 2016 the Audit Office of New South Wales had this to say about the Dept. of Industry-Lands:

Decisions on sale and lease of Crown land are not transparent to the public and the Department has not provided consistent opportunities for the public and interested parties to participate in decisions about Crown land. Between 2012 and 2015, 97 per cent of leases and 50 per cent of sales were negotiated directly between the Department and an individual, without a public expression of interest process. The Department publishes limited information about decision-making processes, policies or plans for future sales and leases.

Proceed with caution if you participate in this online consultation, but do participate.

For the clean, green reputation of the Clarence Coast plays a large part in what attracts tourists to the Lower Clarence, helping keep local businesses open all year round and significantly contributing to our regional economy. 

It is also a healthy, minimally modified natural estuary environment which sustains the local commercial fishing fleet, places home-caught fish on our dinner plates and allows us such an enviable lifestyle. 

Remember, it has always been concerned local residents, community groups and traditional owners who have been at the forefront in protecting the environmental, aesthetic, cultural, social and sustainable economic values of the Clarence River and its estuary.

Comment and participation in the survey can be done at  yourportcrownland.engagementhq.com until 9 April 2017.