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Map showing AHIMs registered sites of Aboriginal cultural heritage value located at the southern end of the North Lismore Plateau land release site.
Source: Converge Community and Heritage 2012 ‘North Lismore Plateau NSW Cultural Heritage Assessment
12043C/2012’ Figure 46 page 77
Lismore City Council, "North Lismore Plateau
Urban Release Area", 2015
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A
major residential development underway on the New South Wales north
coast is now in jeopardy after successful court action by a local
Indigenous elder.
The
Land and Environment Court has now ruled that approval of the
development application was invalid, because no species impact
statement was done.
Mr
Ryan said he wept with joy when he heard the news.
"I
didn't think we had any chance to win it, it was like a David and
Goliath fairytale come true and we knocked them for six," he
said.
"My
old people told me a long time ago to protect this mountain with
everything I had.
"This
whole mountain is sacred, it's a story from the Dreaming … you can
see in the landscape from the air the sleeping lizard."
Mr
Ryan was assisted by veteran local activist Al Oshlack, from the
Indigenous Justice Advocacy Network.
He
said the case hinged on whether a species impact statement (SIS)
should have been done for a site which is home to the threatened
white-eared monarch and eastern long-eared bat.
"When
they put in a development application, and it's going to have a
significant impact on endangered species, it was up to the developer
to attach the SIS with the development application," Mr Oshlack
said.
"But
then it became the [Lismore City] council's fault, because the
council should have said that 'we can't accept lodging of this DA
because it's not in the proper form'."
'They
just rubber-stamped it'
The
development application was approved by the Joint Regional Planning
Panel in October 2018.
Mr
Oshlack said he tried to raise his concerns at the time.
"They
just rubber-stamped it," he said.
"During
the hearing I yelled at them that we would be taking it to court and
then [they] threw me out."…..
Work
has already started on a housing development on the North Lismore
Plateau, but the Land and Environment Court has ruled the approval
invalid.(ABC North Coast: Bruce MacKenzie)
The
development manager for the Winton Property Group, Jim Punch, said
the court's decision came as a surprise to the developers……
Mr
Ryan has said he will fight any future plans to develop the site, and
will seek to have the land's heritage value formally recognised.
The
matter will return to the Land and Environment Court later this
month, when final orders will be issued.
NOTE
* A Native Title Claim by Widjabul Wia-bal people was registered with the Federal Court of Australia on 28
August 2013, applicable to the land which is the subject of this Development Control Plan.
* Originally Lismore City Council accepted with regard to the North Lismore Plateau (NLP) "Measures to conserve the habitat and movement corridors
of Echidnas, in acknowledgment of the cultural heritage
significance of this species. The NLP land was historically
used as an “increase site” for Echidnas by the local
Aboriginals." See Lismore City Council, "North Lismore Plateau Urban Release Area", 2015.
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