Round and round the mulberry bush........

Developers operating out in the Gulmarrad area in the Clarence Valley are in the spotlight again for the same-old, same-old reason: alleged unlawful wholesale land clearing.

In fact this area is becoming somewhat notorious locally for the number of 'mistakes' which lead to loss of native habitat.

What is interesting in the Government's response to a question in the NSW Parliament is the fact that absolutely no mention is made of the development application on the 50ha block Lot 1072 currently before Clarence Valley Council.

Nor is the fact that the smaller 17ha lot owned by B & J Taylor P/L also appears to be involved in a Gulmarrad development application/approval and that this company has a longstanding dispute with council.

Of course the company is not saying much, except through their solicitor on the disputed matter.

*BACKGROUND

Council report dated 12 September 2006 is attached and contains detailed background information. Following the resolution of 12 September 2006, the General Manager and Deputy General Manager (Civil and Corporate) met with Mr Joe Feeney, representing the owners, on 7 November 2006. Mr Feeney was not amenable to Council's offer of $10,320.25 plus the refund of $1,325.00 for DA fees and in fact made a counter-request in writing dated 7 November 2006 for $150,000. This was not accepted as it was substantially outside the figure set by Council.

ISSUES

A copy of the submission from McNamara James and O'Connor dated 18 July 2008 is attached.

*2080—REPORT OF ILLEGAL LAND CLEARING: 28 August 2008

Mr Cohen to the Attorney General, Minister for Justice, and Acting Minister for Education and Training representing the Minister for Climate Change and the Environment, Minister for Women, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer)—

1. What action did the Department of Environment and Climate Change (DECC) take in relation to the report of illegal land clearing in Maclean, Lot No. 1711, 1712 (DP 616116) and Lot 1072 (DP 702367)?
2. Did the landowner have a Property Vegetation Plan in relation to these properties?
3. Has the landowner made any representations to DECC as to the reason for undertaking the clearing activity?
4. Is the clearing undertaken by the landowner covered by any exemptions under the Native Vegetation Act?
5. Did DECC notify the Clarence Valley Council staff of the state conservation significance of the Gulmarrad area in mid 2007?
   1. Specifically, what advice did DECC communicate to the Clarence Valley Council?
6. Has DECC or any representative of DECC visited and inspected the land in Maclean, Lot No. 1711, 1712 (DP 616116) and Lot 1072 (DP 702367)?
7. Did DECC identify any old growth Endangered Ecological Communities (EEC) on the land?
8. What findings, preliminary or final, have DECC made in relation to the construction of roadway and other infrastructure on the site?
9. Does the process of sediment moving into Endangered Ecological Communities Swamp Sclerophyll Forest fall within the scope of matters prescribed in Schedule 3 of the Protection of the Environment Operations (General) Regulation 1998?
10. If evidence indicates that sediment created by the clearing process has polluted water in EECs will DECC use Section 120 of the Protection of the Environment Operations Act 1997 to prosecute the land owner or holder?
    1. If not, why not?

Answer—

1. The alleged illegal clearing was first reported to the Department of Environment and Climate Change on 18 July 2008 and the matter is being investigated.
2. No record of a Property Vegetation Plan has been identified to date.
3. Yes. The landowner indicated that the clearing was undertaken for agricultural purposes, in accordance with exemptions available under the Native Vegetation Act 2003 for "routine agricultural management activities".
4. The Department is investigating this issue as part of its broader investigation.
5. Yes, as part of broader advice provided to a number of local councils on the North Coast.
   1. The Department provided maps to Clarence Valley Council (and other councils on the North Coast) showing areas of state, regional and local biodiversity significance. The mapping identified areas of state biodiversity significance in the Gulmarrad area.
6. Yes. An initial inspection was undertaken on 23 July 2008.
7. It is not appropriate to comment as this is part of an ongoing legal investigation.
8. It is not appropriate to comment as this is part of an ongoing legal investigation.
9. Yes.
10. The local council is the appropriate regulatory authority with respect to water pollution issues on the property.
1. See response to question 10.