One of the reasons why local government, traditional owners and communities in the Clarence Valley should be very wary of home-grown and foreign lobbyists, investment consortiums and land developers

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.

One of the projects put forward to the Inquiry by those representatives was the industrialisation of the Clarence River estuary by way of construction of a mega freight port.

The following tale involves a number of persons or firms associated with the aforementioned  companies and this mega port & rail project, including Nick Petroulias aka Michael Felson aka Nick Peterson.

The Newcastle Herald, 21 October 2017:

HE WAS brash and brilliant. A young lawyer from Melbourne who became a rising star of the public service, hand-picked to serve as assistant tax commissioner by the age of 30.

That was until a spectacular fall from grace left Nick Petroulias jailed for using his plum position to do the very thing he was tasked with stamping out: defrauding the tax office.

Since his release from prison in 2010, Mr Petroulias has kept a low profile, going by a number of aliases including Michael Felson and Nick Petersen.

He described himself as a “disabled pensioner” on bankruptcy forms in 2015, with his debts estimated at an eye-watering $104 million.

But Fairfax Media can reveal that he has been accused of working behind the scenes to dupe a wealthy Chinese property developer into the illegal purchase of $12.6 million of Aboriginal land across Newcastle.

The matter is the subject of a Supreme Court legal battle that veteran lawyers have described as one of the most extraordinary cases they have seen in their careers.

Labelled by a lawyer familiar with the case as a real-life version of “Alice in Wonderland”, its cast of characters includes an international fugitive known as Robbie Rocket, a convicted drug dealer and a dead company director who somehow continued signing agreements a year after he was cremated in a Sydney cemetery.

The existence of an international money laundering syndicate and a karaoke junket intended as a bribery attempt are among the other sensational allegations contained within thousands of pages of evidence that have been tendered to the court.

Collectively, the lands were valued at $12.6 million.

Two Awabakal board members met with Mr Zong. At the negotiating table, they introduced him to Mr Petroulias – an agent for the parties involved – and Knightsbridge North Lawyers, a firm enlisted to broker the deal.

The only catch, Mr Zong was informed, was that the portfolio of land had already been sold to another buyer a year beforehand.

But he was assured that in return for a payment, that purchaser would remove themself from the picture.

By the end of the year, things appeared to be proceeding smoothly. 

Mr Zong had signed sales contracts, begun pursuing the land’s rezoning and outlaid nearly a million dollars – money he believed was a combination of a deposit and a payout for the former buyer.

But then came a shock announcement that threatened to derail the transaction: the state government had launched an investigation into the land council.

The investigation followed complaints about the land council’s governance and finances.

But Mr Zong alleges he was reassured the deal was still on a steady footing. He claims to have been told by Mr Petroulias that “there was no reason arising from the investigation that would compromise the validity of the transaction documents”. 

However, damning findings from the government’s investigator resulted in the land council being placed into administration. Then, the confirmation came: the sale was off.

Mr Zong ordered the immediate repayment of his $1 million, but his demands were refused. His property development companies – Sunshine Property Investment Group and Sunshine Warners Bay –  launched a civil claim for damages and to recoup the losses.

Caught in the legal crossfire was the land council, its law firm Knightsbridge, and the land’s original buyer, a mysterious company registered under the name Gows Heat.

Since it was placed into administration last year, the Awabakal land council has been under the control of Terry Lawler, a prominent Newcastle financier and philanthropist awarded an OAM in January.

Mr Lawler has recruited a high-powered legal team – including top silk Jeremy Kirk SC – to defend the land council and launch a cross-claim.

They have argued that the sales contracts Mr Zong signed were bogus and none of the proceeds found their way into the land council’s coffers.

Read the full article here.

The Newcastle Herald, 15 December 2017:

A wealthy Chinese developer appears set to withdraw a lawsuit against the Awabakal Aboriginal Local Land Council. 

Tony Zong and his Sunshine Property Investment Group had alleged they were conned into a deal to purchase $12.6 million of Aboriginal land across the city.

On Thursday, the Supreme Court heard the matter – involving disgraced former assistant tax commissioner Nick Petroulias – was “painfully close” to being resolved. 

It’s understood Awabakal lawyers want the land council’s costs covered as part of the settlement. 

“There doesn’t seem to be terribly much at issue in the Sunshine matter now except for the terms of discontinuance,” Justice Darke said. 

A separate action against Awabakal is also making its way through the courts. 

Knightsbridge North Lawyers has placed a caveat over the old Newcastle Post Office while it pursues the land council for $26,743 in alleged unpaid fees. 

Justice Darke indicated mediation could occur if the matter remained unresolved when the case returns to court in February. 

Is the NSW Berejiklian Coalition Government moving against Clarence River communities?

According to the state-owned corporation Port Authority of New South Wales, during the 2017-18 cruise season which commenced in October, international cruise ships will be visiting Sydney, Newcastle, Port Kembla and Eden.

On its website the Authority proudly announced an expectation of a bumper season – as other parts of the world buckle under the weight of the cruise ship industry’s agenda and start to say ‘no more’.

When cautionary tales like this are appearing…..

Traveller.com.au, 20 November 2017:

Venice is planning to divert massive cruise liners. Barcelona has cracked down on apartment rentals.

Both are at the forefront of efforts to get a grip on "overtourism", a phenomenon that is disrupting communities, imperiling cherished buildings and harming the experience of travellers and local residents alike……

The backlash has even given rise to slogans such as "Tourists go home" and "Tourists are terrorists".

"This is a wake-up call," Taleb Rifai, secretary general of the United Nations' World Tourism Organisation, told tourism ministers and industry executives last week at the World Travel Market in London.

Meanwhile Royal Caribbean Cruises Ltd (USA) and Carnival Corporation (USA) – the biggest cruise lines operating in Australian waters – are moving some of their passenger ships off the NSW list of scheduled stops and berthing then in Melbourne, Brisbane, Singapore and China.

The cruise ship industry goes where its rapacious business model can be utilised most effectively and Australia has been the flavour of the month for a few seasons now, even if Sydney is losing its sheen.

Before this latest Martin Place brain snap Port of Yamba was the only open port in New South Wales that had not been targeted by cruise lines as a destination port. Perhaps in part because they realise that a barrier estuary – where the barrier is the remains of a once living indigenous woman turned to stone - and multiple deck cruise ships are as compatible as oil and water.

Now the NSW Berejiklian Government and, particularly the NSW National Party, want to include this small regional estuarine port in grand plans for increasing cruise ship traffic in the state. Even though, according to Cruise Lines International Association Australasia, by 2016 New South Wales had captured around 58 per cent of the total Australian cruise market annual dollar spend - that's not enough for those greedy politicians down south.

The government tells us these passenger ships will only be “smaller cruise vessels” but it is also considering building an international cruise terminal in the Clarence River estuary.

Now if one goes online and looks at the cruise ships currently operating on the Australian east coast what is immediately obvious is the dearth of "smaller" ocean-going passenger vessels which might enter the Clarence River safely.

There aren’t enough of them to bring the economic benefit NSW Minister for Maritime, Roads and Freight and MP for Oxley Melinda Pavey implies would flow into the Lower Clarence River along with these ships.

Currently the NSW Dept. of Transport is sending a React Future Transport 2058 van all over the state selling the Draft Future Transport Strategy 2058 and asking people to tell those manning this van what they would like to see happen with regard to local transport needs.

The van came to Grafton in the hinterland of the Clarence Valley on 27 November 2017 wanting to hear opinions on trains, buses, roads, cycleways and air travel, but carefully avoided mention of sea transport, cruise ships or a cruise terminal unless a local specifically asked.

This van is never coming to the Clarence Coast - residents will never see it in Maclean, Iluka or Yamba. Their opinions are being deliberately limited in this faux consultation.

So what is going on here?

Perhaps the answer can be found in the idea being canvassed by the Berejiklian Government that all three NSW designated regional ports should ideally be multi-purpose ports which include cargo shipping, cruise ships and naval facilities.

The state government's push to establish the cruise ship industry in the Clarence River estuary looks suspiciously like the first move to bring this about, as inevitably demands will come from the international cruise lines for significant dredging to occur from the river entrance and along main the navigation channel to ship berths.

If such dredging occurs then it is possible the Australian Navy will be encouraged to revisit its strategy for use of smaller coastal ports and, a Sydney-centric NSW Government will begin to insist more freight passes through the port despite the known strong opposition of the wider Clarence Valley community to an industrialised Clarence River estuary.

Now might be the time for Ms. Pavey to consider the possibility that, Oxley being a regional electorate bordering the Clarence electorate, may induce many increasingly concerned people in the Lower Clarence to pack a hamper, get in their car and drive down to Oxley for the day and campaign for whomever of her political rivals takes their fancy during the next state election.

At the very least many are likely to write to local papers in her electorate during the 2019 state election campaign informing them of her actions in Clarence.

These letters could start off by mentioning those troublesome smokestacks at WestConnex, her support of the foreign multinational miner Adani’s plans for a mega coal mine which will inevitably pollute the Great Barrier Reef if it goes ahead,  her failure to support road workers who built a section of the new Pacific Highway for her on zero pay for months (pay they are never likely to see), removing historic Windsor Bridge, the reaction of others to her bizarre transport strategy - before moving on to the mess she is about to make of the Clarence River estuary.

After all the Clarence Valley has a habit of standing up for the aesthetic, environmental, cultural, social and economic values that underpin community in this valley and the wider Northern Rivers region.

Just ask Metgasco, Australian Infrastructure Development or Malcolm Turnbull.

NOTE

The name of the culturally significant reef just outside the mouth of the Clarence River is variously spelt Dirragun and Dirrangun in various books and documents, so both spellings are used interchangeably in North Coast Voices posts.

VOICES THE BEREJIKLIAN GOVERNMENT DOESN'T WANT TO HEAR: comment on NSW Ministers Pavey & Constance's not so brilliant idea to invite cruise ships into the Clarence River Estuary

Northern Rivers voices telling it like it is.......

Facebook, No Mega Port Yamba, 15 November 2017:

Victoria Paine Dear Councillors,

I wish to express my deep concern and OBJECTION to the proposal that the Port of Yamba be designated a cruise ship destination and/ the creation of a cruise ship terminal.

My primary concerns are environmental. The self evident environmental damage cannot be justified by monetary gain.

In addition, I am concerned re the reduction on local amenity and negative impact on the quality of life of the community and on local ground based tourism which relies heavily on the integrity of the natural environment.

I urge you to strongly oppose this damaging proposal.

Yours faithfully,

Dr Victoria Paine

MBBS. MPH. BA. FRACGP.

Angourie.

The Daily Examiner, 29 November 2017, p.10:

Yamba port not in ship-shape condition

I would like to thank Valley Watch for keeping the people of the Clarence informed. After visiting their stall at the Yamba River Market this week, I am greatly concerned regarding the lack of public knowledge of the 4200 tonne cruise ship which will be docking in Yamba in October 2018.

Did you know about this cruise ship? I didn’t.

However on September 24, 2017 the NSW Government announced a plan to investigate constructing international cruise terminals in Yamba and Coffs Harbour.

This is part of the government’s launch of the Future Transport 2056 Strategy. Ms Pavey’s office announced: “In October 2018, the Cruise Ship Caledonian Sky plans to stop off at Yamba as part of the Australian Coastal Odyssey.”

There have been a few indications over the years of there being a Port in Yamba; it was even mentioned in the Yamba Survey a couple of years ago. If Yamba’s economy is going to increase by this ship docking in Yamba, think again. There is hardly time for a swim. Please have a look at the itinerary for the holiday makers’ short stay in the Clarence (www.noble-caledonia.co.uk)

The most important question I ask myself is what happens in rough weather? If we think back to the Island Trader, how many times was it forced to stay off shore due to inclement weather?

This cruise liner is eight times heavier than the Island Trader. What guarantee is there that this vessel will not harm the protected Dirrangun Reef? Have the Yaegl people been consulted? Once the reef is damaged, the damage is forever. I wonder if this has been considered or conveniently forgotten.

Yamba Community including the Yaegl people, Clarence Valley Council and the Chamber of Commerce all need to be in consultation before permission is given to allow such a vessel to come into Yamba waters.

The consequences of allowing this vessel into Yamba waters could be catastrophic.

Ilma Hynson, Yamba

The Daily Examiner, 23 November 2017, p.11:

No fortune from hop off, hop on cruise

Sorry to tell you, Ray (Hunt), that the proposed cruise ship visit in October 2018 will not introduce much money or employment to Yamba (Ship Size 21/11).

According to its own itinerary, Caledonian Star will land passengers after breakfast on board before a trip to Iluka Rainforest or YambaMuseum and then back on board for lunch before heading south.

Not many fortunes to be made there!

Gary Whale, Yamba

Facebook:

PE Barclay Tourists come to Yamba because its beaches are natural and so is the river.
Tourism is what keeps Yamba alive.
When we go messing with nature to allow cruise ships in to Yamba we have to calculate to what benefit is it to Yamba if the passengers eat and sleep on the boats and don't spend much locally.
Yamba is unique because of its natural environment and if we take that away what do we have left?
Coffs Harbour is already commercialised and cruise ships would be better to go there.

 November 23 at 1:47pm

Greg Clancy The Clarence Estuary will never be a cruise ship port without major damage being done to the estuary as it just isn't suitable as it now stands. Yes I am scared of what damage might be done if the proposal gets legs. I don't have a problem with the current level of boat/ship activity although even with the limited commercial operations of the past we ended up with Fire Ants at the Goodwood Island wharf. There are real bio-security issues as well as ecological issues. The sands and mudflats of the Estuary provide habitat for many species of migratory shorebirds that migrate here from the northern hemisphere. Australia has signed a number of international treaties to protect them and their habitat. Water from the bilge can carry exotic organisms that could ruin local fisheries, both professional and amateur. Do I need to go on?

 November 23 at 2:32pm

The Daily Examiner, 28 November 2017, p.9:

Crusing around facts

It is simply not true that “You can already cruise into Yamba” (D.Ex 24.11.2017).

The Google search attributed to Councillor Ellem is clearly dated “9th October 2018”.

I think Yambaites would have noticed a 90 metre long, 15 metre wide cruise ship 
coming into port!

We can argue about the merits of such a visit, but facts are stubborn things.

Gary Whale, Yamba

The Daily Examiner, 5 December 2017, p.9:

Community input

The Berejiklian Government in Sydney tells us that its “Future Transport 2056 Strategy and Plans have been created with input from the community since the program began in 2016. So far, we’ve engaged with over 40,000 people across the State in face-to-face and digital consultations”.

Allegedly towards that end the NSW Dept. of Transport had a “React Future Transport 2056” van in Grafton for the day on November 27.

I hopped on a bus and went to Grafton to visit the van because the “Draft Future Transport 2056 Strategy” documents had only two dot points mentioning maritime infrastructure development/ cruise terminal in Coffs Harbour/Yamba and I wanted to find out more, as this draft strategy is scheduled to become a final document in 2018.

I told one of the staff manning this van that I had read in the local newspapers about the van and asked if they could tell me what it was all about.

In response the staff member informed me that the government was going all around the state asking people what they felt they needed when it came to transport – not just for years far into the future but for smaller time frames like 10 years. That they weren’t just looking at what trains and buses were available, but they were also looking at roads, cycle ways and even air travel.

I was then asked if I wanted to give my opinion on what I felt the area needed.

What was strikingly absent from the conversation thus far was any mention of what else was in that draft document which might be thought very relevant to the Clarence Valley – the plan to make the Port of Yamba an official cruise ship destination and possibly build a cruise ship terminal in the Clarence River estuary.

So I introduced that particular topic into the discussion and this is what I found out:

1. There was no information available on the government’s proposal for a cruise ship terminal other than those two brief dot points;

2. The “React Future Transport 2056” van would continue to travel around the state but it was never coming to Yamba;

3. There was no timeline for when investigation of a cruise terminal in the estuary would begin; and

4. The communities of Yamba and Iluka would only be consulted when a site for the cruise terminal was being considered and that this community consultation would probably occur as a part of the Environmental Impact Statement process.

The Berejiklian Government obviously has no intention of opening a face-to-face dialogue with communities living within the Clarence River estuary or at the mouth of the river before plans for the Port of Yamba become set government policy and, will probably avoid any meeting with Yaegl traditional owners for just as long if Ministers Pavey and Constance think they can get away with such a blatant snub.

After all the government has already had discussions with the people it thinks matter – it spoke with representatives of the international cruise ship industry in the first half of last year.

Judith M. Melville, Yamba

Recent voices:

Friday, 1 December 2017 Yaegl Traditional Owners Aboriginal Corporation expressing their opposition to a proposed cruise ship terminal at Yamba

Friday, 24 November 2017 Another local speaking out against the cruise ship industry coming to the Clarence River estuary

Monday, 13 November 2017 Is the NSW Berejiklian Government cruising for a bruising on the Clarence River?

FACT CHECK: Port of Yamba-Clarence River cruise ship and international cruise ship terminal proposal

In online debates concerning the NSW Government's proposal to make the Port of Yamba an official cruise ship destination and possibly build an international cruise ship terminal I have noticed a few misconceptions creeping in - so this post is a brief fact check.

The misconceptions are coloured red.

* The “MV Caledonian Sky” cruise ship is smaller than the “Island Trader” cargo ship and not much bigger than the Manly Ferry.

“Caledonian Sky” at 4,200 gross tonnage, dead weight of 645t, 90.6m length, 15.3m width, 4.25 maximum draft is over twice the size of the “Island Trader” which is 485 gross tonnage, dead weight of 242t, 38.8m long, 9m wide and maximum draft of 2.8m.

The four Manly ferries are 70 metres in length, 12.5 metres wide, with draughts of 3.3 metres and displace 1,140 tonnes and, only operate in a deep water harbour.

* Cruise ships already come into the Clarence River.

There hasn’t been an ocean-going cruise ship carrying passengers enter the Clarence River in a good many years. There is some anecdotal information that one small cruise ship of indeterminate size entered the Clarence River sometime in the 1990s, but that appears to have been both the first and the last time that a local resident can recall its passage which ended with this vessel scraping its bottom on "Dirrangun" reef as it left. 

The last regular passenger service from Sydney to Port of Yamba ended in the mid to late 1950s when the small steamers operating on the NSW North Coast run were withdrawn.

Despite local media reports to the contrary, the “Caledonian Sky” has not entered the Port of Yamba in the past – this cruise ship’s scheduled visit in October 2018 will be her maiden voyage into the Clarence.

* There is not going to be any dredging of the Clarence River entrance or estuary if Port of Yamba becomes a cruise ship destination and an international cruise ship terminal is built.

A representative of the NSW Dept. of Transport raised eyebrows in apparent astonishment when I mentioned that particular belief. Although diplomatically silent the implication was clear - dredging would have to occur.

* Medium to small cruise ships will not have a problem entering the Clarence River because they will have a pilot on board.

In 2015-16 there were 18 ship visits to Port of Yamba, none were cruise ships and the majority of vessels piloted into the Clarence River came in for ship repair at Harwood Island.

However, even with a pilot on board a cruise ship may ground in a relatively narrow navigation channel. The “Regal Princess” grounded in Cairns Harbour in March 2001 as it sailed a 90m wide & est. 8.3 m deep navigation channel with a pilot aboard. The subsequent official investigation found that the dimensions of the Cairns port channel were too restrictive for the 32.25 m wide “Regal Princess”.

Because the Clarence River estuary is strongly tidal the position and width of its main navigation channel can vary and the Yamba-Iluka bar at the river entrance is problematic. 

The bar crossing appears to have been last dredged in 2004.

An Australian Navy tug 29m long, 8m wide with a draft of est. 3.4m grounded on the bar at the river mouth in October 1946 and from time to time cargo ships entering or leaving the Clarence have temporarily grounded when sand builds up outside the river entrance.

* Having cruise ships and a cruise terminal will raise personal incomes in the Lower Clarence Valley.

This argument is often put forward by governments pushing coastal development proposals.

St. John's (population over 108,000) - a regional port in Canada popular with small cruise ships - is currently conducting its own investigation into economic returns from cruise ship visits, because it was told this year that the average amount of money spent onshore by a cruise passenger can be as low as $28.20 and for a crew member as low as $20.79. Note: The Canadian dollar is roughly on par with the Australian dollar.

International cruise lines are usually the source of any financial information on passenger spending and industry observers tend to think that industry figures may be inflated. So it is not surprising to find one independent report published in 2015 states that passenger and crew spending in Cairns was 22 per cent lower than the figure supplied by Cruise Lines International Association (CLIA) a group representing the interests of cruise lines.

By the industry's own optimistic calculations, if all “Caledonian Sky” passengers come ashore then they should at a minimum spend in total between $4,750 and $5,937 during the five or so hours the ship is moored on the river in October next year.

Except that the cruise ship’s itinerary shows these approximately 114 passengers will have both breakfast and lunch on board ship before sailing away and, in the approx. three hours in between meals, will take a walk up to the Yamba Lighthouse at no charge, visit the Yamba Museum which has a gold coin entrance fee or cross to Iluka to wander the Nature Reserve up to Woody Head and back which is fee free - although it may be possible that the ship rents a mini-bus to transport passengers to Iluka wharf for return to the ship.

However, even then this hardly lives up to the cruise ship industry’s boast that each passenger spends on average $200-$250 a day in Australian regional ports.

* If ships the size of the "Rainbow Warrior" can navigate to the Harwood slipway then quite a few of the small similar size cruise vessels can safely do the same.

The second “Rainbow Warrior” was a yacht with 555 gross tonnage, 55m long, 9m wide with a draft of 3m. The third and current “Rainbow Warrior” has 855 gross tonnage, deadweight 180t, is 57.9m long, 11.3m wide and has a maximum draft of 5m.

To date I cannot find any cruise ships of similar size operating on the Australian east coast ocean route.

All east coast ships in P&O’s fleet are large ships, as are Holland America’s fleet. Princess Cruises’ ships are all large and, the  Royal Caribbean’s fleet is also composed of large ships. Ditto Carnival’s fleet and Celebrity Cruises’ ships. Norwegian Cruise Line, MCS Cruises and Cunard Line fleets contain only large vessels. While Oceania Cruises’ fleet is composed of somewhat smaller ships, but with drafts nudging 6m to 7m it probably wouldn't consider entering the Clarence . By comparison Noble Caledonia’s single cruise ship on the east coast is the ship with the shallowest draft found to date, but it may have difficulty coming over the bar in October 2018 and/or with swinging around to depart the estuary.

* Cruise lines are philanthropic - they will help people and the environment by giving money to a local cause.

Some but not all cruise lines do occasionally give money to institutions and causes within ports they regularly visit. It is often looked upon by port communities as 'guilty giving'. 

For example, in 2014 one of Carnival Cruise Line's ships severely damaged a section of pristine reef in the Cayman Islands. The next year the Carnival Foundation announced it was giving a $75,000 donation to the Cayman Islands-based Central Caribbean Marine Institute toward restoration of an ecologically distinct and globally endangered coral species. 

The Cayman Islands government had to step in before the cruise line would hand over $100,000 to the Cayman Islands National Trust towards the Magic Reef Restoration Project to cover the 11,000 sq feet of endangered coral that the "Carnival Magic" crushed.

If the international cruise ship industry genuinely had a social conscience then there wouldn't be reports like "Sweat Ships" (2002) which looks at the abuse of workers' rights aboard cruise ships.

* Modern cruising is really a form of eco-tourism

There is nothing inherently ecological about the design and functioning of a modern cruise ship. 

Modern cruise ships:
* predominately still use bunker fuel when underway and diesel/gas power when berthed if there is no dedicated shore electricity supply available to them; 
* give off emissions when these fossil fuels are burned and these emissions can and do sometimes exceed permissible levels of air pollution;
* emit underwater noise which disturbs whales and dolphins;
* are usually noisy when moored or berthed due to the need to generate power and/or provide entertainment for passengers;
* sewerage and waste water storage systems can sometimes malfunction or fail; 
* have been known to illegally dump sewerage whilst in port;
* will sometimes dump chlorinated swimming pool water overboard;
* sometimes illegally discharge oily waste into the ocean;
* will sometimes have issues with unlawful garbage disposal on some voyages; and
* anti-fouling paint on their hulls leaches into the waters at wharfs and affects the surrounding marine ecosystem.

* The state government will never be able to dredge the bar or the river because of Native Title.

Yes, Native Title covers the Clarence River from just below Ulmarra to the river mouth and out past the two breakwaters where it creates a 350m buffer around "Dirrangan" reef, as well as a narrower ocean water boundary out from the shoreline starting at Woody Head and going on down past Wooli.

Any cruise ship approaching the entrance to the Clarence River would be sailing in waters covered by Native Title.

However, Native Title rights are non-exclusive and so contain a number of qualifications. Therefore people of goodwill across the Clarence Valley and the wider Northern Rivers region will need to speak up in support of the Yaegl People's stated position if the Berejiklian Government decides to proceed with its international cruise ship terminal proposal.

Excerpt from Native Title Determination Yaegl People #2 Part B:

General qualifications on native title rights and interests

8. Native title does not exist in:

(a) Minerals as defined in the Mining Act 1992 (NSW) and the Mining Regulation 2010 (NSW); and

(b) Petroleum as defined in the Petroleum (Onshore) Act 1991 (NSW) and the Petroleum (Submerged Lands) Act 1982 (NSW).

9. The native title rights and interests described in paragraphs 6 and 7 do not confer:

(a) possession, occupation, use and enjoyment to the exclusion of all others;

(b) any right to control access to, or use of, the Determination Area.

10. The native title rights and interests in the Determination Area are subject to and exercisable in accordance with:

(a) the laws of the State of New South Wales and of the Commonwealth;

(b) the traditional laws acknowledged and traditional customs observed by the Yaegl People; and

(c) the terms of any Indigenous Land Use Agreement, which may be registered by the National Native Title Tribunal in respect of any part of the Determination Area made after the making of this Determination…….

Other interest which existed at the time Native Title over “Dirrangun” was determined are protected.

10. Other interests generally

(a) Rights and interests, including licences and permits, granted by the Crown in right of the State of New South Wales, the Clarence Valley Council or of the Commonwealth pursuant to statute or under regulations made pursuant to such legislation.

(b) Rights and interests held by reason of the force and operation of the laws of the State of New South Wales or of the Commonwealth.

(c) Rights and interests of members of the public arising under common law or statute including, but not limited to the following:

(i) any public right to fish;

(ii) the public right to navigate; and

(iii) the international right of innocent passage through the territorial sea.

(d) So far as is confirmed pursuant to section 18 of the Native Title (New South Wales) Act as at the date of the Determination, any existing public access to and enjoyment of:

 (i) waterways;

(ii) the bed and banks or foreshores of waterways;

(iii) coastal waters;

(iv) beaches;

(v) stock routes; and

(vi) areas that were public places at the end of 31 December 1993.

(e) The rights of:

(i) an employee, agent or instrumentality of the State of New South Wales;

(ii) an employee, agent or instrumentality of the Commonwealth;

(iii) an employee, agent or instrumentality of any Local Government Authority, to access the Determination Area and carry out actions as required in the performance of his/ her or its statutory or common law duty.

Sea claim judgment: Yaegl People #2 v Attorney General of New South Wales [2017] FCA 993 (31 August 2017)

Another local speaking out against the cruise ship industry coming to the Clarence River estuary

Clarence Valley Independent, Letter to the Editor, 14 November 2017:

It is rare for me to get so steamed up that I feel compelled to write a letter to the editor. “Cruise Terminal Slated for Yamba” (CVI 1/11/17). Seriously?

Oh, this will be good for business, good for economic development, good for growth! What is it about the human race that they cannot get their minds past the almighty $ sign? Why do we want growth? Yamba is beautiful as it is. The peace and tranquillity, at least partially the reason we love living here, is already under threat as the highway to Brisbane nears completion and trip times of under three hours can be anticipated.

Have we not seen what became of the Gold Coast, the Sunshine Coast and now, regrettably, Byron Bay? When I first visited Surfers Paradise you could count the high rise buildings on the fingers of one hand, and two or three of those were only about ten stories. It was a lovely little place. I suppose there must be some people who think it’s a lovely place now, but I never seem to meet them. There was a time you could have your afternoon nap in the middle of the main street of Byron Bay. These days it is a constant stream of cars driving round and round the streets desperately hoping to find a parking space before its time to go home again!

So now, in the slavish pursuit of growth and economic development, are we going to do the same thing to Yamba? The only kind of growth that would be really good is if we could actually grow the planet itself, to meet the needs and expectations of an ever growing population. As for economic growth, I imagine, if you were to ask the majority of people who live here, they would tell you they didn’t come to Yamba to make their fortunes. Even those operating local businesses must surely have done the arithmetic and decided that their enterprise was never going to feature in Forbes; but it would fund the kind of lifestyle you cannot find in a city. If the almighty dollar is so important then go to the cities; go to where the market is, don’t try to drag the market here.

Patrick Roberts, Yamba

Clarence Valley Council decides to open its door wide to the cruise ship industry

On 21 November 2017 at Clarence Valley Council’s ordinary monthly meeting Mayor Jim Simmons, Deputy Mayor Jason Kingsley and Crs. Richie Williamson, Arthur Lysaught, and Andrew Baker voted in effect to open council’s doors to the cruise ship industry by indicating in principal support for the Port of Yamba to be a designated cruise ship destination, with the possibility of establishing an international cruise ship terminal within the Clarence River estuary.

The debate in the chamber indicated that councillors received a number of emails on this subject from valley residents and that the majority of these expressed concerns about this Berejiklian Government proposal.

However, community concern was virtually ignored by both council administration and this group of five councillors hell-bent on doing Sydney's bidding after Nationals MP for Clarence Chris Gulaptis had reportedly lobbied on behalf of the proposal.

As usual Cr. Baker excelled himself when it came to the number of inaccurate statements he could pack into his participation in debate.

Concerned Iluka and Yamba residents now await this…….

Facebook, ABC North Coast, 21 November 2017:

Billy Walker The Yaegl Traditional Owners Aboriginal Corporation held a meeting last week where this issue was raised. Keep an eye out for our response in the local papers in the next week or so.

Was the NSW Port Authority even aware of Noble Caledonia cruise line's plan to enter the Port of Yamba in 2018?

On or about 23 October 2017 NSW Minister for Maritime, Roads and Freight Melinda Pavey, along with Minister for Transport and Infrastructure Andrew Constance and Nationals MP for Coffs Harbour Andrew Fraser, jointly announced “An investigation into a new International Cruise Ship Terminal for the NSW mid North Coast will start as part of a future transport blueprint, with Coffs Harbour and Yamba identified as potential locations.”

Within days Minister Pavey’s office told a Clarence Valley journalist that; “In October 2018, the Cruise Ship Caledonian Sky plans to stop off at Yamba as part of the Australian Coastal Odyssey.”

So much for the promised “investigation” before the starter's gun was fired.

On 20 November 2017 ABC North Coast's Facebook page revealed that the cruise ship’s scheduled ‘visit’ to Yamba was “not confirmed”:

A UK-based company is advertising an ocean cruise that includes a stop at Yamba.

The website for Noble Caledonia offers places on an Australian Coastal Odyssey which departs from Thursday Island in October next year.

The 90-metre-long Caledonia Sky will sail for 22 nights down Australia's east coast at a cost of more than $19,000 each for about 100 passengers.

One of the destinations listed is the north coast port of Yamba, but the state's Port Authority says there is no confirmed booking for the ship.

The ABC is seeking comment from the company.

Now the Noble Caledonia cruise line can formally request entrance to the Port of Yamba anytime up to 72 hours before “Caledonian Sky”’s arrival - although as an ocean-going ship requiring pilotage it would probably need to announce its intentions and book the pilot much sooner than that - so the Port Authority of NSW probably doesn’t have a confirmed booking yet.

Or is this response by the Port Authority more along the lines of a diplomatic face saver because Minister Pavey hasn’t told this state agency of a seemingly cosy little agreement she has with this cruise line?

Should Lower Clarence residents be checking the political donations register to see if the cruise ship industry has been making political donations to the NSW Nationals recently?