Showing posts with label Clarence River. Show all posts
Showing posts with label Clarence River. Show all posts

Monday 5 September 2016

No Yamba Mega Port group puts port question to candidates in Clarence Valley local government election


29 August 2016 · 

With an upcoming council election on 10 September we contacted all candidates standing for the Clarence Valley Council to ask their stance on the proposed Yamba Mega Port.
This is what we asked:
1. Do you support the proposed Yamba Mega Port?:
A. No
B. Yes
C. Unsure
D. Yes, with qualifications
2. Please provide an explanation of your position.
A summary of all answers to question 1 can be seen in the table below.
The statements provided in response to question 2 will be posted individually over the next few days.

NOTE:
Arthur Lysaught, elected unopposed at a council by-election in 2015, is overseas for the duration of this local government election campaign and the 10 September polling day.
Brett Tibbett, a first time candidate, is a surprising absence from this list.

Individual statements supplied to No Yamba Mega Port by candidates to date:
John Riggall
Arthur Lysault - no statement supplied

Thursday 25 August 2016

Yamba Port & Rail Scheme: was the NSW Upper House Inquiry into Crown Land misled?


“We service the property developers and property investors by unlocking access to the best available lands at the best available price.” [United Land Councils Ltd, website page retrieved 20 August 2016]

On 15 August 2016 four representatives of United Land Councils Ltd & United First Peoples Syndications Pty Ltd gave evidence before the NSW Legislative Council General Purpose Standing Committee No. 6 INQUIRY INTO CROWN LAND.

These are excerpts of evidence given by MICHAEL ANDERSON, Deputy Chair, United Land Councils and United First Peoples Syndications:

We advocate the idea of forming a working party with key government stakeholders through which we will secure the support of Aboriginal New South Wales. We are confident that, if we cannot achieve greater unity of Aboriginal people, we will certainly be able to deliver a large number of the most important strategic areas of New South Wales, particularly the coast and some regional locations west of the Blue Mountains. We have brought to the Committee a sample of works we are doing. We present to the Committee our introductory brochure with which we introduce ourselves to Aboriginal organisations across Australia. The brochure sets out our objectives and the benefits we bring to them as members uniting with us. In that brochure, we identify major projects such as damming the Great Katherine dam and building pipelines inland to irrigate the arid central Australia, converting it to Australia's food bowl to the world. We also discuss the project of a super port in Yamba to cater for the international trade for the next two centuries and, through that port, opening up the vast network of disused rail networks to provide a safe and efficient transportation mode. We attach a separate summary of the Yamba super port proposal because that is directly relevant to this Committee and how, working with Indigenous communities, major infrastructure can be created combining port and rail to become the leading means for distribution throughout Australia. We also attach a profile of our leading joint venture partners such Grossman, which a leading German solar, civil engineering and construction company, and the MHR Group, which is a leading Dubai pipeline and infrastructure group. One thing Arabs know is deserts and how to irrigate them. We provide a Lever arch folder that contains some of the template agreements used to effect an amicable settlement on the current Aboriginal land claims that are outstanding. We have drafted a master settlement agreement and we provide for every conceivable use of the land. We provide draft agreements for parks and conservation management, licences for Aboriginal farming and fishing use and access, Indigenous social housing models, trust funds for the provision of the next generations of Aboriginal peoples, and a series of land use agreements to promote business and industry….

Large high-tech warehousing is ideally suited to land under claim. The promise of employment and lasting careers for the younger generation on their own land is meaningful to the Aboriginal community. This same thinking applies to the Yamba super port and rail development. New regional hubs will be created around train intersections. Almost all of these potential growth areas involve Aboriginal lands or land claims.…..

As we hope to present to you, we have the backers, both in international investors and venture partners. We have the capacity and funds to change our destiny. All we ask is that we get on with it. We need no charity. We need no patronising. We ask that we plan for the future together and get the red tape out of our way…..

I sit on another national committee on water planning. New South Wales is yet to put its water plans in to the Commonwealth Government under the Murray-Darling Basin Plan. I sit on those committees and I am one of the assessors on whether New South Wales is doing the right thing with their water resources plan. So we are looking at those rivers and factors that are important to us in terms of looking after them. When you talk about planning, Aboriginal people already know what can be used and what cannot be used. I can tell you that a lot of that land will not be used……

The Hon. SCOTT FARLOW: Could you come back to us on notice as to which land councils in New South Wales are part of your organisation?

Mr PETERSON: Sure.

Mr DAVID SHOEBRIDGE: I would ask on notice what is your relationship like with the New South Wales Aboriginal Land Council? Is it a positive relationship, have you sat down and spoken with them about this particular proposal, are you on the same page? Secondly, what do you mean by "progressive" land councils, if you could provide that on notice?

Mr PETERSON: Those that have been keen to show interest in development.

Mr DAVID SHOEBRIDGE: Development-focused land councils?

Mr PETERSON: Yes, taking it from bush to something.

Mr ANDERSON: I know a lot of the land councils really want to progress and develop economic strategies, housing estates and start doing that, but unfortunately they are really tied down with a noose around their neck.

Mr DAVID SHOEBRIDGE: If you could answer Mr Farlow's question and mine about the land council on notice that would good.

The CHAIR: We are also looking for the cemetery and the ports attachments, if you can table them.

Mr PETERSON: Yes. [my red bolding]

This development group was thought to have been in discussion with Des Euen and Australian Infrastructure Developments Pty Ltd (A.I.D.) for some time and, although it is possible that United Land Councils & United First Peoples Syndications may have adopted this infrastructure scheme as its own when the original Yamba Port & Rail (Y.P.R Australia Ltdunsolicited proposal was rejected by the NSW Government in April 2014, all may not be as it first appears.

A.I.D. and United First Peoples Syndications are sharing the same graphics and presenting the port proposal in the same terms.

Clarence Valley residents who attended the 2 June 2016  A.I.D.'summit' in Casino will probably recall this graphic prepared by David C Jones, Inverell, for Yamba Port and Rail aka Y.P.R Australia Ltd sister company to Australian Infrastructure Developments Pty Ltd (A.I.D.):

This is a similar graphic also prepared by David C Jones, Inverell, for Yamba Port and Rail, being used by United First Peoples Syndications:

[See: https://www.youtube.com/watch?v=loWRePyoHjI, https://www.youtube.com/watch?v=8KzCURkafsI & https://www.youtube.com/watch?v=5sgGg8QU_Uc, Sydney, 17 May 2016]

If any sort of business relationship exists between A.I.D. and either or both of the two companies which gave evidence, then a reasonable person might expect that this would have been disclosed to the Inquiry - given formal rejection of the Yamba Port & Rail development proposal by the Baird Government.

Just as this inconvenient fact was sidestepped, so too the companies avoided telling these same committee members that both United Land Councils Limited (registered in New Zealand in July 2016) and United First Peoples Syndications Pty Ltd (registered in Australia in April 2016) share Richard John Green as sole director of both companies and, when one delves into the official corporate history, he is the only reliably identified shareholder as well.

Nor did any of those representatives who appeared before the Inquiry explain why United Land Councils appears to believe that it has a right to use Clarence Valley estuary land to; service the property developers and property investors by unlocking access to the best available lands at the best available price. Outright sales are available, but often it will be the interests of the developers or investors to enter into collaborative arrangements…..

When it came to the actual Yamba ‘mega port’ it was more than misleading to avoid mentioning to this parliamentary standing committee the fact that the Yaegl people (holding native title on Clarence River waters from just above Brushgrove right down to the river mouth at the breakwater walls) are concerned about this scheme to industrialise 27.2 per cent of the total estuary area and had refused to meet with A.I.D. in August.

That some measure of local indigenous concerns would have been known to the United Land Councils and United First Peoples Syndications can be inferred by the following statement in the Clarence Valley Independent on 24 August 2016:

Chair of the Yaegl Traditional Owners Corporation (YTOAC), Billy Walker, told the Independent that his board has not yet discussed the matters raised at the inquiry; however, he said it had met with Messrs Green and Anderson earlier this year. Mr Walker said: “From my point of view, I’d have to see what they have to say to the board before making any comment.” He said that a future meeting had not been organised.

When questioned on the subject of the peak state land council the companies avoided disclosing the obvious antipathy towards the NSW Aboriginal Land Council, evidenced by the director's opening remarks at a company event:

“We’ve got the state land council which is not helping our people in any way. You know we’ve got all the councilors sitting up in there in those big offices earning all this money and what have we got for over the last forty years….”
[See: https://www.youtube.com/watch?v=loWRePyoHjI]

There was also a marked failure to mention that, along with the existing port infrastructure ie. “Goodwood Island wharf, a large shed that can accommodate vessels up to 120 metres in length, a small tug wharf and pontoon” [Port Authority of New South Wales Annual Report 2014/15], the estimated land area required to build the proposed "super port" terminals is land on which native title has been officially extinguished

Additionally, the vast majority of this land is privately-held regionally significant farmland. In other words, not Crown land (including land under claim) which is the focus of the inquiry.

Full details of the extent of the legitimate Native Title proudly and responsibly held by the Yaegl people can be found here.

When United Land Councils Ltd & United First Peoples Syndications Pty Ltd spoke of having backers who were international investors and venture partners, like A.I.D.,  they weren't telling untruths. One only has to look at what correspondence is publicly available and, the photos and videos turning up on social media of various "super port" proponents with individuals representing foreign capital, multinationals, professional company directors, corporate strategists and legal shills.

It is hard to escape the suspicion that Chinese investors and foreign/domestic infrastructure and development companies have been using both these companies (just as they use Australian Infrastructure Developments) as a way of bypassing the values of Clarence Valley communities and other vulnerable communities across Australia in order to sate their own financial avarice.

One has to wonder what the Committee Chair The Hon. Paul Green (CDP, LC Member), Deputy Chair The Hon. Lou Amato (Lib, LC Member) and members The Hon. Catherine Cusack (Lib, LC Member), The Hon. Scott Farlow (Lib, LC Member), The Hon. Daniel Mookhey (ALP, LC Member), Mr David Shoebridge (The Greens, LC Member) and The Hon. Ernest Wong (ALP, LC Member) would think of being given less than the full picture when it came to the proposed Port of Yamba overdevelopment.

The Inquiry into Crown Land reports to the NSW Parliament on 13 October 2016 and, as there is no way for local communities to correct the record, Legislative Council General Purpose Standing Committee No. 6  will make recommendations regarding Crown lands on the NSW North Coast with an imperfect understanding of the situation in the Clarence Valley.

Brief background

A full list of registered New Zealand companies in which Richard Green was/is a director and/or shareholder can be found here.

Further information on a number of these companies can be found here.

Australian Securities & Investment Commission (ASIC), United First Peoples Syndications Pty Ltd organisation details:

It is noted that no company named First Peoples Advancement Charitable Trust of 89 Kiteroa Street, Rd 2, Cambridge appears on the New Zealand online company register as of 20 August 2016. However, on 22 April 2016 First Peoples Advancement Charity Pty Ltd was registered in NSW, with Richard John Green as sole director & company secretary and all shareholdings held by First Peoples Advancement Charitable Trust (NZ) on behalf of unidentified individuals and/or corporations.

Google Earth image of the New Zealand address of the First Peoples Advancement Charitable Trust:


Wednesday 24 August 2016

The message is being sent that the Clarence Valley does not want the Clarence River estuary industrialised and says "No" to a mega port - Part 2


NSW Greens Spokesperson for Maritime and Ports letter to NSW Minister for Roads Maritime and Freight, 7 July 2016.




Letter in reply from NSW Minister for Roads, Maritime and Freight, 10 August 2016.





Friday 19 August 2016

The message is being sent that the Clarence Valley does not want the Clarence River estuary industrialised and says "No" to a mega port


Letter by local resident and reply by Member of Parliament.

From: Judith Melville [redacted]
Sent: Wednesday, 17 August 2016 12:53 AM
To: ElectorateOffice Clarence
Subject: Unsolicited Proposal by Australian Infrastructure Developments Pty Ltd or Y.P.R. Australia Pty Ltd or Y.P.R Hong Kong or Deakin Capital Pty Ltd for privatization & development of Port of Yamba, NSW

CHRIS GULAPTIS
Member for Clarence
Parliamentary Secretary for the NSW North Coast
NSW Parliament House
Macquarie Street
Sydney NSW 2000

16 August 2016

Dear Mr. Gulaptis,

Re: Future Strategic Planning & the Unsolicited Proposal by Australian Infrastructure Developments Pty Ltd or Y.P.R. Australia Pty Ltd or Y.P.R Hong Kong or Deakin Capital Pty Ltd for privatization & development of Port of Yamba, NSW

The NSW Government-owned Port of Yamba currently comprises “Goodwood Island wharf, a large shed that can accommodate vessels up to 120 metres in length, a small tug wharf and pontoon” which operate on a 24 hour basis [Port Authority of New South Wales Annual Report 2014/15].

The NSW Government has stated in its policy document titled “NSW Freight And Ports Strategy” (2013) that; “Future strategic planning by Sydney Ports will include the regional ports of Eden and Yamba”.

I ask you as the Member for Clarence and Parliamentary Secretary for the NSW North Coast to enquire on my behalf of both the Premier and Minister for Roads, Maritime and Freight as to:

a) when this future strategic planning in relation to the Port of Yama is likely to be undertaken; and
b) whether the planning is likely to proceed as far as an intention for extension and technological upgrade of port infrastructure.

I further ask that you make known to Premier Baird and Minister Gay the fact that a number of residents and ratepayers in the Clarence Valley and, particularly those living on the banks of the Clarence River estuary, have publicly expressed concern about the NSW Government’s intentions towards the port [See No Yamba Mega Port at https://www.facebook.com/noyambamegaport/].

Many like myself are opposed to any strategic plan which involves the industrialisation of the Clarence estuary.

Especially if government leaves the door open to privatisation of the port or development along the lines set out in Australian Infrastructure Developments’ expanded proposal for a 36 sq. km infrastructure build covering an est. 27.2 per cent of the entire estuary area in additional to the approx. 20 km channel dredge to a depth of 18 metres [A.I.D. Australia Pty Ltd, Project 1 Port of Yamba at http://www.slideshare.net/DesEuen1/part-2-of-3-v1, September 2015].

Both houses of parliament will be sitting from 23 to 25 August and again from 13 to 15 and 21 to 22 September, which will hopefully allow you ample opportunity to approach the Premier and Minister for Roads, Maritime and Freight.

In anticipation and appreciation of your assistance with this matter.

Yours sincerely,


JUDITH M. MELVILLE

[address redacted]

                        ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

From: ElectorateOffice Clarence [redacted]
Sent: Wednesday, 17 August 2016 1:50 PM
To: 'Judith Melville'
Subject: RE: Unsolicited Proposal by Australian Infrastructure Developments Pty Ltd or Y.P.R. Australia Pty Ltd or Y.P.R Hong Kong or Deakin Capital Pty Ltd for privatization & development of Port of Yamba, NSW

Good afternoon Judith, and thanks for your e-mail about future strategic planning for the Port of Yamba.

I’m happy to raise your questions in this regard with both the Premier and Minister for Roads, Maritime and Freight, along with your opposition, and that of many others in the Clarence Valley, to a proposal by Australian Infrastructure Developments Pty Ltd for a ‘mega port’.

For your interest, I have publicly stated that I believe this project is ‘pie in the sky’ and certainly doesn’t tick any of the social or environmental boxes.

I will contact you again when I hear back from the Premier and Minister.

Regards – Chris



                             ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Letter by Greens candidate in the Clarence Valley local government election and reply from office of the NSW Premier.

To: premier@nsw.gov.au
Subject: Yamba Mega Port

Submitted on Tuesday, August 16, 2016 17:24
Submitted by anonymous user: [14.203.252.72]

Submitted values are:
Title: Dr
First Name: Greg
Last Name: Clancy
Organisation: Ecologist
Phone: [redacted]
Email: [redacted]
Street address: [redacted]
Suburb: Coutts Crossing
State: New South Wales
Postcode: 2460
Subject: Yamba Mega Port
Type of enquiry: Message

Message:
The company AID Australia proposes to build a mega port at Yamba, North Coast New South Wales. If this proposal was to be given approval it would have major impacts on the environment, economy and social aspects of the area. Any economic advantage of the port would be outweighed by the losses in the fishing and tourist industries. The estuary provides habitat for over 20 species of migratory shorebird that breed in the northern hemisphere. Australia is party to three international agreements to protect these species, a number of which are now listed as threatened. There are also locally nesting shorebirds that are listed as critically endangered, endangered and vulnerable breeding in the estuary. More details of the proposal and the potential impact can be found on the attached leaflet. This is concerning a large number of Clarence valley residents and visitors to the area who have agreed to fight the proposal tooth and nail. I ask that your government refuse this proposal if, and when, it is formally submitted and ask to be kept abreast of any developments with respect to the proponents submitting an application for development. Yours Faithfully Dr Greg Clancy

I would like a response: Yes, I would like a response
I would like to receive regular updates from the NSW Government: No

End of message
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Reference: CMU16-19224

18 August 2016

Dr Greg Clancy
[redacted]

Dear Dr Clancy

On behalf of the Premier I would like to acknowledge receipt of your correspondence regarding the proposed Yamba Mega Port.

The Minister for Roads, Maritime and Freight has portfolio responsibility for this issue and I have forwarded a copy of your correspondence for the Minister’s information and consideration.

If you have any further enquiries about this matter please contact the Hon Duncan Gay MLC directly on (02) 8574 5500.

Thank you for taking the time to write to the Premier.

Yours sincerely

M. Monahan

Director, Briefings and Correspondence Unit

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Wednesday 10 August 2016

Memo to potential investors in the Yamba Mega Port scheme


Dear Potential Investors,

You may have seen promotional material created by Australian Infrastructure Developments Pty Ltd or Y.P.R. Australia Pty Ltd for the unsolicited proposal often called the Port Yamba Development (Eastgate) or the Yamba Port Rail Project.

The material probably looks rather intriguing to many of you.

However, there are some matters that this promotional material either does not address or merely skates over.

Today is Wednesday, 10 August 2016.

This is the Port of Yamba Development project timeline still up on Australian Infrastructure Developments’ official company website:


Even if one allowed for the possibility that the NSW Baird Government is politically suicidal enough to give consent for a mega port in the Clarence River estuary and that the first terminals would not be operational until 31 December 2018, that only leaves Des Euen, Thomas Chiu and Lee Purves a mere 873 days to push this project to Stage 1 bulk terminals completion.

Before any part of the extensive port expansion scheme can be progressed there is the sensitive matter of Dirrangun reef, the breakwater walls and possibly the internal training walls, to be addressed. 

Once the potential impact of the removal or significant alteration of breakwater walls sinks in with the communities of Iluka and Yamba I suspect that the friction between community and Yamba Port Rail proponents will increase dramatically.

If any activity required to open up the river entrance for those mega ships looks like placing Dirrangun at risk I’m sure that the Yaegl people, who have now spent twenty years fighting to legally protect their river and dream time reef, will not be happy with the port expansion proceeding and they will have a right to be concerned. A right that is now legally recognized as existing since before written history began in Australia.

As neither Des, Thomas or Lee has held a public information night for Lower Clarence communities to date, that particular failure is going to place a drag on the company’s project timetable from the start.

The hypothetical clock is now ticking.

The dredging of an est. 20km of navigation channel inside the river, at the very least is going to require:

*negotiations with NSW government departments/agencies;

* a least two advertised tender invitations if investors are not planning to just throw their money away;

*sediment sampling at the proposed dredging site and particle size distribution and acid sulphate soils testing to assess sediment properties over the full depth to be dredged;

*assessment of potential impacts on threatened species including wading birds along the est 20 km length of the dredging site;

*assessment of potential noise impacts including what day or night hours of dredging/placement are acceptable; 

* the creation of a dredge spoil management plan;and

*consultation with Birrigan Gargle Local Aboriginal Land Council, Yaegl Traditional Owners Corporation as native title trustees, the general public, local residents and commercial operators, commercial and recreational fishermen, waterway users and environmental groups.

Staying with this hypothetical scenario. Once these lengthy negotiations, assessments and consultations are finalised I suspect the actual dredge and spoil disposal would take up to three years to complete. After all this dredge has to remove at least est.13 metres of river bed in every square metre of a continuous 20 km long line an est 60m wide.

Add to this the time needed to purchase privately held regionally important farm land which the company hasn’t even commenced yet – land held by a number of individual owners some of who are adamant they will not sell - and then allow time for the rezoning process which is bound to be resisted by local residents and affected Lower Clarence communities.  Now those 873 days are beginning to look very inadequate.

At this moment you may be thinking that if all the individual planning procedures were undertaken at the same time the port expansion might move forward faster. However, any large project is only as fast as its slowest strand of required assessment/modelling/
testing and this particular project is being undertaken by a company which admits it has never handled any sort of development project before.

By the time one factors in the many studies required to create a viable development application to commence construction of the built environment then 2023 would not be seen as a long enough time frame to finish Stage 1 bulk terminals.

Some of these studies would be obliged to include the sourcing, transport and stabilzation of enough fill to raise 36 sq.km of terminals and berths above projected flood levels and modelling of existing & changed flooding conditions - because all the proposed terminal & berth areas will be submerged in a 1 in 100 flood to est. depths of 0.05 to 2.8m unless the land is raised. 

At this point in the development process state and local government may become alarmed at the amount of flood water in even a 1 in 20 year flood that will be displaced by a mega port at the end of this ancient floodplain. 

Displaced water (that has likely in some flood events to come at some speed down both the Clarence River and out of the Esk River) which will almost inevitably inundate the proposed remaining undeveloped half of Palmers Island, along with low lying sections of  Woombah, Iluka, Yamba and Wooloweyah, as well as exacerbate upriver flooding as far as MacleanQuite rightly both tiers of government would quail at the thought of this occurring in conjunction with a king tide entering the mouth of the Clarence River and the clock might be permanently stopped on the mega port scheme then and there.

If not and planning madness prevails, the fact that a freight road bridge and new road/s would need to be built so that bulk product can actually reach the bulk terminals - because Stage 1 will not see a completed Pacific West Rail Link stretching from the coast to north-west NSW - and 2023 turns into a rather sad phantasy because the number of planning hoops the company has to jump through just grew in number.

Australian Infrastructure Developments and its shadowy backers would be foolish to believe that Stage 1 would be remotely achievable by 2028.

It is hard to imagine that Australian Infrastructure Developments will ever be able to establish the social contract with the Clarence Valley it needs to proceed, when its grand plan will diminish or destroy so many existing aesthetic, environmental, cultural, social and economic values within the estuary.

Twelve years is a long time to have investment money tied up in a mega port scheme that in all probability will be successfully scuppered by Northern Rivers people power.

Twelve years in which your company reputations and that of your principal shareholders will be held up for global scrutiny. 

Given the power of almost instant communication that the Internet will give to over 50,000 people and the ability of anyone of those with a personal computer to identify and research your company or superannuation fund, are you sure that the hope of future financial returns is worth the public relations risk?

If you think I exaggerate, ask Metgasco Limited what community resistance across the Northern Rivers did to its plans to develop gas fields.

So, potential investors – you might like to consider taking your money and committing it to an infrastructure project in a locality that actually wants what you believe you have to offer.

This is entirely friendly advice, because I like many others would prefer quietly enjoying the Clarence River estuary and the easy, relaxed lifestyle its healthy environment allows me, rather than spending the next twelve years as part of a peaceful but relentlessly effective grassroots protest movement making your corporate lives a misery.

Sincerely,

Clarencegirl

Mouth of the Clarence River

Tuesday 9 August 2016

Clarence River Catchment Fresh Water Diversion: facing today's threat while remembering yesterday's response


2007 bumper sticker

Clarence Valley Council, Ordinary Monthly Meeting Business Paper, 9 August 2016:

Policy or Regulation

Council has previously established its policy position on proposals to divert the Clarence River through various Council resolutions. At its meeting of 18 October 2006 Council resolved (Resolution 12.005/06):

That Council oppose the diversion, damming or re-directing of water from the Clarence River. 

Council again resolved at its meeting of 17 April 2007 (Resolution 05.006/07): That the report on the Clarence River diversion proposal be received and noted and that Clarence Valley Council reiterates its policy position of total opposition to any proposal that would result in any diversion of water from Clarence catchments. 

When the issue of diversion was proposed to be debated at the Local Government & Shires Association (LGSA) Conference in 2007, Council resolved at its meeting of 15 May 2007 (Resolution 05.008/07): 

That the following late Motion be placed before the forthcoming Annual Conference of the Shires Association of New South Wales. “That the Associations approach both the State and Federal Governments expressing their total opposition to any proposal for river diversion.”

As outlined in Report 05.009/07 to the Council meeting of 19 June 2007, it was not possible to put the late motion as the LGSA Conference resolved “That the Association pursue with the Federal Minister for Environment and water, measures to address the current and future concerns with water shortages for inland cities, towns and communities posed by the current drought and future droughts, and that the National Water Initiative consider ways and means of so addressing”.

At its meeting of 16 November 2010 Council again confirmed its opposition to Diversion (Resolution 10.017/10):


The Council again register it strong opposition to any plans to divert waters out of the Clarence catchment.

Clarence Valley Council submission to a NSW Upper House inquiry to which Griffith City Council made a submission asking that an old scheme for damming and diverting freshwater from the Boyd, Mann, Nymboida and Timbarra rivers (Clarence River tributaries) be considered:

10 August 2016
Reference:
DWS#1682591 Contact: Greg Mashiah

The Director
General Purpose Standing Committee No 5 
Legislative Council
Parliament House
Macquarie Street
SYDNEY NSW 2000

Dear Sir

Inquiry into Water Augmentation in Rural and Regional New South Wales - Submission

Thank you for the opportunity for Council to make a submission to the above enquiry. Clarence Valley Council is located on the north coast of NSW and contains most of the Clarence River catchment within its area. The Clarence River is the largest coastal river in NSW. Council is a Local Water Utility (LWU) responsible for sewer and water services to urban area and also provides bulk water to the adjoining Coffs Harbour City Council. Clarence Valley Council is also responsible for floodplain management.

Council’s submission responds to three items in the terms of reference which are considered relevant to Council’s operations:

1b) Examine the suitability of existing New South Wales water storages and any future schemes for augmentation of water supply for New South Wales, including the potential for acquifer discharge.
Clarence Valley and its neighbouring Coffs Harbour City Council have jointly developed a Regional Water Supply (RWS) scheme to provide water security to residents until at least the year 2046. The RWS comprise:
· A “non build” element of water efficiency measures, which commenced in 1997 and is implemented through the joint Water Efficiency Strategic Plan (http://www.clarence.nsw.gov.au/page.asp?f=RES-UHJ-43-64-30), and
· A “build” element, which comprises a pipeline linking the two Council water supplies which was completed in 2004 and construction of a 30,000ML off-creek storage at Shannon Creek which was completed in 2009. The Shannon Creek Dam storage is designed for future raising to 75,000ML capacity to service demand beyond 2046. The storage is “transparent” to its catchment in that all runoff from the catchment is required to be released to match the pre-storage hydrologic.

The RWS project, which was recognised with multiple industry awards including the prestigious International Water Association’s Asia-Pacific Project Innovation Award in the planning category, demonstrates how regional Local Water Utilities can jointly plan and deliver water infrastructure to meet future needs including provision of suitable water storages.

One significant concern for Council is that, while the RWS storage has been designed to be augmented to 75,000ML to provide capacity for development beyond 2046, future legislative changes may adversely impact this option. It is therefore requested that the Committee consider this issue.

1d) examine the 50 year flood history in New South Wales, particularly in northern coastal New South Wales, including the financial and human cost. Since 1966 the Clarence River has experienced 29 floods which exceeded the “minor” flood level at the Prince Street gauge in Grafton (2.10m), and of those 17 were classified as “major” floods (>5,40m). Four floods in a single year were experienced in both 1974 and 1976, and three floods in a single year were experienced in 1967 and 2013.

The town of Grafton is protected by a flood levee which provides protection up to approximately the 5% Average Exceedance Probability (AEP) event, and the town of Maclean is protected by a levee which provides protection up to approximately the 2% AEP event. Since the Grafton and Maclean levees were constructed in the 1970s they have not been overtopped, although in January 2013 at Grafton the flood height was equal to the top of the levee, requiring evacuation of a small area of the town.

In the March 2001 and May 2009 floods, evacuation of all of Grafton was ordered due to uncertainty about whether the flood levee would be overtopped if the predicted flood heights were reached, and how the flood would behave once the levee was overtopped. As well as the evacuation having a significant financial and social cost for residents, as the levees were not overtopped it also increases future risk of people not evacuating when ordered. In 2011 Council completed a detailed flood levee overtopping study which included extensive 2-D computer modelling. The flood levee overtopping study is considered to have given excellent value for money as in 2013 it enabled evacuation to be confined to the immediate affected area.

A significant human cost of flooding on all residents is post flood clean-up. To reduce the impact on residents Council generally collects flood damaged items which are put on the kerbside by residents, waives its tip fees for disposal of flood damaged items and also offers residents affected by flood mud a rebate on their water bills. Council also assisted with the provision of the Flood Recovery Centre for residents, which provided a “one stop shop” for flood impacted residents.

A significant issue for Council is the increasingly limited and narrow interpretation of Natural Disaster Relief and Recovery Arrangements (NDRRA), which have left the full cost of much essential infrastructure flood damage repair with Council.

As one example, a flood levee damaged in the 2013 flood incurred repair costs of $710,000 but only $98,625 funding was received for this item. The apparent basis for the reduced funding was that under the NDRRA the works were assessed as “riverbank” works; notwithstanding that detailed geotechnical and engineering reports supported Council’s position that the riverbank formed an integral part of the levee at this location and should therefore have qualified as essential public infrastructure. It is requested that as part of this item of the terms of reference the committee consider the NDRRA arrangements as the current interpretation results in cost shifting of repairs to essential public infrastructure to Council.

There are financial and human costs of flooding beyond Council’s costs. Financial costs are common for industries such as agricultural, transport and tourism. The financial impacts on these industries has been repeatedly mentioned after the three recent major flood experiences in the Clarence Valley in 2009, 2011 and 2013. Agricultural financial impacts are usually associated with the loss of crops, livestock, fences, machinery, etc. Transport impacts are associated with the closure of key transport routes resulting in the very long truck ‘parking’ areas either side of locations such as Grafton. The tourism industry impacts are both short-term (cancellations of bookings) and longer term with potential of a tarnished tourism image. Regarding human costs, a recurring theme in the post flood recovery mental health problems related to flooding. The NSW State Government established Clarence Valley Flood Recovery Committees after the 2009 and 2013 floods which comprised representatives from state government agencies and Council, and the final reports from these Committees should assist the Inquiry with further information on the financial and human cost of flooding.

1e) examine technologies available to mitigate flood damage, including diversion systems, and the scope of infrastructure needed to support water augmentation, by diversion, for rural and regional New South Wales. The diversion of the Clarence to west of the Great Dividing Range has been suggested by some people as a possible way that flood damage could be mitigated, with a supposed benefit of providing water for western areas. Council has considered this issue and its position has consistently been that diversion of the Clarence is opposed, as summarised by Council resolution 10.017/10 at its meeting of 16 November 2010:
The Council again register it strong opposition to any plans to divert waters out of the Clarence catchment.

Council’s position in this matter has not changed, and Council considers that any proposal to divert the Clarence River cannot be justified from an economic, environmental or social perspective.

If you require further information please contact Council’s Manager Water Cycle, Mr Greg Mashiah, telephone 6645-0244 or 0428-112-982.

Yours faithfully

Scott Greensill 
General Manager

The assault on the water security of NSW coastal rivers is not just head on. Murray-Darling Basin councils are also now lobbying to change the federal Water Act so that more weight is given to their social and economic arguments when freshwater augmentation or inter-basin water transfer is considered.

Naranderra Shire Council, Committee Minutes, 21 June 2016:

Item 6.1 - Final Report of the Commonwealth Senate Select Committee into the Murray Darling Basin Plan
The Final Report titled “Refreshing the Plan” was tabled in the Senate on 17th March 2016 and is currently the subject of review through the Minister for Minister for Agriculture and Water Resources the Hon Barnaby Joyce MP and the Departmental Officials, with a response due by mid June 2016.
RESOLVED that RAMROC continue to strongly advocate to the Commonwealth Government the merit and value of the recommendations contained in the Final Report of the Senate Select Committee into the Murray Darling Basin Plan, particularly Recommendation 25 relating to proposed amendments to the Water Act 2007 to provide for a triple bottom line equal balance of environmental, social, and economic outcomes. (Moved Albury and seconded Hay)

Now that local governments in the Murray-Darling Basin are again discussing raiding Clarence Valley fresh water, it is worthwhile remembering 2007......

The Daily Examiner
, 23 April 2007:

BY JOHN McGUREN
Clarence River Professional Fishermen's Association
STORM clouds continue to gather over the Clarence River, but sadly they are the type that threaten its ruin rather than rain.
In comments reported in The Daily Examiner on Tuesday, federal Environment Minister Malcolm Turnbull made it very clear the Howard Government was now virtually committed to the diversion of water from northern NSW into Queensland.
Alluding to the imminent release of results from his feasibility study into such a concept, Mr Turnbull also said a water diversion from NSW would be far cheaper than one from anywhere in Queensland.
Why is he saying that? Because he already knows the outcome of the study and is simply being too cute by half in playing politics with its release and treating us all like little mushrooms.
No surprise there as he hasn't even bothered to speak to any of the tens of thousands of NSW residents who will be directly affected by his fool hardy scheme.
The National Water Commission (NWC) has confirmed this week a desk top study by the Snowy Mountains Engineering Corporation (SMEC) will show it is technically feasible to divert water from both the Clarence and the Tweed rivers into Queensland.
Commissioned by Mr Turnbull and due to be released in the coming weeks, an early draft of the SMEC report has ruled the Clarence and Tweed rivers in as potential diversion candidates, while rejecting the Richmond River.
The outcomes of the SMEC study are focused on engineering feasibility and costs, including constructing dams and other infrastructure and derived from a review of existing information and previous studies.
As we have feared all along, this study has been commissioned for the express political purpose of giving Mr Turnbull's grand act of environmental vandalism economic credibility.
The report estimates up to 100,000 mega litres ? roughly enough water to fill Sydney Harbour twice ? per year could be harvested from the Clarence at a cost of between $1.60 and $2.05 per kilolitre, giving a total supply cost of around $160million to $200million. Mr Turnbull knows all this already.
In his Droplets newsletter, Mike Young, of the University of Adelaide, suggests on average Murray Darling system high security water allocations ? which can include municipal, industrial and irrigation uses ? cost around $1,500/ML, which is just below the SMEC report lower estimate of supply costs for water diverted from the Clarence.
This would seem to put the whole diversion concept very much in the ballpark from a cost and feasibility standpoint and should shake us all out of any complacency stemming from misguided and outdated misconceptions that it's all just too expensive and too difficult.
Add to that the growing willingness of the states to cede powers to the Australian government and this nightmare starts to look very much more like a frightening reality.
Figures like that also give added credence to the growing concerns of state premiers regarding who will ultimately have their hands on the Australian water cash register as it rings up billions of dollars of water allocations into the future.
Just how high might the selling price of water go and just who exactly stands to pocket the wealth generated off the back of the Clarence River being plundered for profit, like the Murray, the Darling, the Snowy and so many other great river systems before it?
Make no mistake, this proposal is as much about money and profits as it is about any notion of pulling together for the national good.
As a community and as responsible Australians are we really prepared to stand by and see the ecology of the Clarence River and the vital industries and unparalleled quality of life that it underpins sold off to the highest bidder?
I sincerely hope we are made of better stuff than that and can look back in years to come and say with pride that we saw through all the politics and fought hard to save the magnificent Clarence River.

The Daily Examiner, 5 June 2007:

Renee Ford

TWO prominent Clarence Valley leaders made their voices heard yesterday, giving submissions opposing any damming or diversion to the Clarence River at an inquiry into water supplies for south-east Queensland.
Clarence River Professional Fishermen's Association industry representative, John McGuren told the Senate Standing Committee a dam in the upper reaches of the Clarence would adversely affect the fishing industry, which he described as the 'engine room of the Clarence Valley'.
"Numerous studies have clearly shown the positive correlation between water flows and catches of key commercial and recreational species, both estuarine and ocean," he told the inquiry. "These relationships don't just exist in the river themselves."
He explained productivity of Australian fisheries was heavily reliant on the terrestrial nutrients delivered by large rivers such as the Clarence.
"It's a key driver to fisheries productivity generally up and down the East Coast," he said.
By overlaying data Mr McGuren was able to illustrate a strong correlation existed between critical environmental flows and Clarence River school prawn catches.
"It's not the percentage of overall total flows to be removed that is the critical factor here, and it is misleading to describe any flow extraction and its potential impacts in these matters," he said.
Clarence Valley Landcare chair, Brian Dodd told the inquiry via teleconference, the upper reaches of the Clarence River were experiencing drought, much like south-east Queensland and Western NSW.
"Damming just doesn't work.
It's been proven around the world, that if you build large dams on streams, it always causes more problems than what they are worth," Mr Dodd said. During the next two days, the NSW Annual Shires Association conference will debate two motions put forward by Western Divisions supporting the diversion of the Clarence River catchments to western NSW.
Clarence Valley mayor Ian Tiley and general manager Stuart McPherson are attending the conference and hope to gain support to squash both proposals put forward by Cobar and Bourke Shire Councils.