The Queensland white shoe brigade's fascination with destroying pristine land in the NSW Northern Rivers region continues

Echo Net Daily image of the site found at NSW EDO

In 1981 Richmond Valley Council gave consent to DA111/1988 for a four stage subdivision by Iron Gates Developments Pty Limited on environmentally sensitive land bordering the Evans River and Bundjalung National Park near Evans Head in the NSW Northern River region.

In 1991 the consent for those 610 lots was challenged in the NSW Land & Environment Court by Richmond-Evans Environmental Society Inc.

Development did not proceed that year.

In 1993 Al Oslack began litigation in the NSW Land & Environment Court seeking to overturn a Richmond Valley Council consent for Iron Gates Developments Pty Limited's 110 lot development application on the same parcel of land.

This challenge went all the way to the High Court of Australia before the consent would be successfully overturned in 1998 and site remediation ordered.

Remediation remains unrealised to date.

Allegedly unlawful land clearing occured on the site at some point before June 2014.

In 2014, Graeme Angus Ingles, former company director of the now defunct Iron Gates Pty Ltd (deregistered November 2008), lodged a fresh application to develop the site under the name of a company registered in Queensland, Goldcoral Pty Ltd trading under the business name Iron Gates Estate Evans Head.

Shares in Goldcoral are fully owned by Portcount Pty Ltd, previous to this shares were owned by Portcorp Land Pty Ltd. 

In 2014 Planning NSW would not consent to the development proceeding without a master plan and the application documents had to be amended.

The development application was registered with Northern Regional Planning Panel on 29 October 2014 as an 186 lot development.

This time it was Dr. David Ashley who applied to the Land & Environment Court in 2015 or 2016 seeking records of council meetings with the developer in the public interest.

Now in 2019 DA2015/0096-amended dated 23 July 2019 is before Richmond Valley Council. 

https://richmondvalley.nsw.gov.au/wp-content/uploads/2019/10/Appendix-2-Revised-ESCIR-23-July-2019-Appendix-A-B.pdf

This amended development application made on behalf of Goldcoral Pty Ltd by Graeme Ingles of the Ingles Group is for a 184 lot subdivision which includes 175 residential lots, 3 residue lots, 4 public reserves, 1 drainage reserve, and 1 sewer pump station lot.

The developmen is estimated to cost over $12 millionn and impacts on Lot 163 DP 831052, Lots 276 and 277 DP 755624, Crown Road Reserve between Lots 163 DP 831052 and Lot 276 DP 755724, Crown Foreshore Reserve and Iron Gates Drive, Evans Head NSW; 240 Iron Gates Drive, Evans Head.

The Queensland 'white shoe brigade' is nothing if not persistent.

BACKGROUND

The Northern Star, 2 October 2019:

A revised proposal for the subdivision of land at the controversial Iron Gates Drive in Evans Head has been lodged.

The proposal from three lots to 175 residential lots, three residue lots, four public reserves, a drainage reserve and a sewer pump station will be publicly exhibited from todayfor community feedback.

The development application was lodged by Goldcoral Pty Ltd and includes clearing work, road works, drainage, and landscaping.

The application will be on exhibition until Monday, November 18. Consent authority for the application is the Northern Regional Planning Panel.

Assessment

Richmond Valley Council general manager Vaughan Macdonald said council would wait for the assessment of a master plan by NSW Department of Planning, Industry and Environment before they finalised the development assessment process.

He said all enquiries regarding the master plan process should be directed to the department’s regional office in Grafton.

Mr Macdonald said the proposal also required approvals from relevant State Government agencies such as the National Parks and Wildlife Service and NSW Rural Fire Service.

“As with all development applications received by council, the Iron Gates proposal will undergo a full professional and technical assessment to ensure it meets relevant NSW Government legislation and planning controls,” he said.

“Following council’s assessment, a report will be compiled and forwarded to the Northern Regional Planning Panel for final determination.”

Mr Macdonald said the planning panel met on an as-needs-basis, and was unable to confirm a final determination date.

Public submissions

He said those interested in the proposal could inspect the application and support documents at council’s customer service centres in Casino and Evans Head, and on council’s website.

He said anyone could formally submit comments to support or oppose the development application during the exhibition period.

However, he said council would not consider anonymous submissions.

“For feedback on a development application to be valid, a submission must be properly made in accordance with the requirements of the Planning Act,” Mr Macdonald said.

Mr Macdonald said those providing feedback should be clear on why they were supporting or opposing the development.

State your reasons

He said council needed to understand the reasons behind your submission.

For example, if you think the type of development proposed for your area is unsuitable, you need to say why it is unsuitable – not simply that you don't like it.

It is important to focus on:

Whether the proposed use is consistent with the intent for the area

Whether the scale and design of the proposed development is compatible with surrounding development

How the development addresses the street and interfaces with adjoining properties

Any potential traffic and car parking issues associated with the development

How the development may impact on drainage patterns in the area

How the development fits with the natural environment.

Echo NetDaily, 2 February 2016:

The department of planning and environment (DoPE) has given permission for a proposed development at Evans Heads’ controversial Iron Gates site to go on public exhibition, despite a previous development on the same site being overturned by the Land and Environment Court at the eleventh hour.

The draft master plan for the subdivision would allow for 176 residential lots and four public reserves with fire trails.

DoPE says the land to be developed for residential purposes is ‘already zoned as general residential land by the Richmond Valley LEP’ and that ‘no additional residential land is proposed on the site’.

A DoPE spokesperson said the department recognised ‘the environmental and cultural value of the Evans Head site, including its location on the Evans River, its native vegetation, wetlands and rainforest, as well as the places of Aboriginal cultural significance present on the land.’

The spokesperson added that, ‘if approved, the proponent’s draft master plan would provide a guide against which future development applications can be assessed by the local council or other consent authority.’

Illegally installed infrastructure

But that’s not the view of Al Oshlack, the man who defeated an earlier proposal for the site in the Land and Environment Court 20 years ago.

As a result of that defeat, the court ordered the removal of infrastructure that it viewed had been illegally installed on the land but that was never done.

Mr Oshlack believes that may constitute contempt of court and is preparing to again fight development of the fragile coastal ecosystem.

‘In 1996 the court made orders for land remediation and then they had a special hearing with the chief justice in which they made an extensive remediation order,’ he told Echonetdaily.

‘It never happened. The developer put the company into liquidation and he held out for about 18 years – and the statute of limitations to carry out the court orders lapsed.

‘Part of the development proposal is to test the viability of the various infrastructures: the plan is to utilise as much as they can of the illegally installed infrastructure, plus the illegal access road.

Mr Oschlack said that far from being a ‘guide against which future development applications could be assessed’, the history of the site suggested it was anything but.

‘I think the whole thing should be referred to the Independent Commission Against Corruption. I mean, it’s just a total outrage and contemptuous of the whole legal process and environmental law.

‘And with the alleged illegal clearing that took place in 2014, there has been an investigation going on for two years by the EPA and they have yet to give an answer as to whether they managed to prosecute or not – even though I provided evidence from expert witnesses of the damage that occurred without any development consent,’ Mr Oshlack said.

The department says it is encouraging community feedback on the plan.

Sekuir Migration, 18 April 2018:

Ingles Group, which is known for its wide-scale property developments and well established accountancy firm, Ingles Accounting, is now offering inbound migration services on the Gold Coast.

Graeme Ingles, who heads up Ingles Group, says that migration services are crucial to the ongoing growth of the Gold Coast and that he launched Sekuir Migration in response to growing demand from his customer base.

Many business owners on the Gold Coast are in need of skilled workers, particularly food trades workers who can meet the needs of the thriving tourism and night economy of the region.

ABC North Coast Radio, 25 January 2015:

The Richmond Valley Council has received 62 submissions objecting to the Iron Gates development - the latest comes from the Royal Australian Air Force.

In a two-page letter, the Assistant Director of Estate Planning for the Defence Department, Marc McGowan said: 'Air weapons training at Evans Head is expected to increase in scale and density over time, towards the maximum rate of use of 70 days per year. Aircraft will be conducting bombing during day and night.

'The results of aircraft noise modelling indicate that the aircraft noise exposures from the Super Hornet compare with noise generated by busy road traffic and construction work.

'While Defence makes every effort to minimise the effects of noise on the community, aircraft noise will never be eliminated... and residents in close proximity to Evans Head are likely to be exposed to greater amounts of aircraft noise than experienced in the last few years.'

The statement goes on to read that 'glare from reflective surfaces can affect the visibility of pilots during daylight hours, and artificial water bodies can attract additional birdlife and may expose RAAF aircraft to birdstrike, posing a risk to personnel.

'Based on the above concerns, defence does not support the proposed application.'

Financial Review, 30 March 2011:

Receivers for companies of struggling Gold Coast property developer Graeme Ingles have forced the sale of three major land holdings that could fetch up to $20 million.

The new batch of offerings adds to the bloated stock of Gold Coast land parcels on offer through receivers.

St George Bank has appointed receivers John Shanahan and Ginette Muller of KordaMentha to sell Mr Ingles’s two high-rise development sites at Southport, which could fetch up to $15 million.

The sites total more than 11,000 square metres and both have development approvals for up to 44 levels, including more than 700 apartments.

Smart Company, 20 October 2008:

The Federal Court has found a property developer made misleading claims about the progress of construction of a golf course that was the centerpiece of a Gold Coast property development.

The Federal Court has found a property developer made misleading claims about the progress of construction of a golf course that was the centerpiece of a Gold Coast property development.

The Australian Competition and Consumer Commission took action against Queensland developer Ingles Group and its managing director, Graeme Ingles, over the Tee Trees Residential Golf Community estate at Arundel.

A major selling feature was that it would include a golf course, but there were significant delays in construction of the course.

In 2003, the Ingles Group distributed a letter to potential buyers, providing an update on the golf course construction and a purported explanation for the delays.

But the Federal Court found that by sending the letter to potential buyers, the Ingles Group engaged in misleading and deceptive conduct.

Australian Competition and Consumer Commission (ACCC), 17 October 2008:

Justice Spender declared that, by sending the letter to potential buyers, the Ingles Group engaged in misleading and deceptive conduct.  It had breached section 52 of the Trade Practices Act 1974 by:

• representing that it had approval from the Gold Coast City Council to construct the golf course when in fact the approval granted was only preliminary and required that various further steps be taken before final approval could be granted
• representing that the sole or primary cause of delay in construction was the drought when the primary cause was failure to obtain final council approval 
• representing that it had called for tenders for bulk earthworks for the completion of the course and was awaiting the tender results when it had not yet called for tenders
• representing that bulk earthworks for completion of the golf course would begin once tenders were received, when it did not have reasonable grounds for making such a claim, and
• representing, by implication, that the course's construction would soon be well under way and would not be subject to any significant delays when it did not have reasonable grounds for such a claim, and when there were likely to be further significant delays.

According to Democracy 4 Sale from 2003 through to 2006 the Ingles Group made politcal donations to whichever of the two main poiltical parties held government in Queensland during those years.

How to turn a NSW North Coast family beach from terrific to toxic

In 2014 Evans Head on the NSW Far North Coast scored a 100% rating for having a good or very good rating on all its beaches, with Main Beach being scored Very Good in the State of the Beaches 2013-14 report.

Main Beach, Evans Head, 1 October 2014

Twenty-one months on from that environmental accolade and this is Main Beach sand as at 20 March 2016

The Northern Star, 24 June 2015:

DREDGING will start this week on the Evans River and boat harbour at Evans Head.

Member for Clarence Chris Gulaptis said the NSW Government contributed more than $550,000 toward the Evans Head dredging project. 

"The works are funded under the NSW Government's Dredging of Priority Waterways on the North Coast program which supports commercial fishing fleets and leisure boating through navigational dredging," he said.

"Maintaining access to coastal river entrances and harbours is vital to regional economies and this program focuses on work between Forster and Tweed Heads with provision of work at other locations.

"The work at Evans Head was due to commence this week (22 June) to dredge 18,000 cubic metres of clean marine sand from the Evans River navigation channel that will be used to renourish the beach area between the Evans River northern breakwater and the Beach Street carpark.

"Another 2,000 cubic metres of sediment will be dredged from the boat harbour and pumped into geotextile bags. "

Once dewatered, the sediment will then be transported offsite to a licensed landfill facility.

"The dredging contract for the $564,225 project was awarded to National Dredging Services, a local company based in Yamba," Mr Gulaptis said…..

Echo NetDaily, 1 February 2016:

In a letter to the Environment Protection Authority (EPA), the Evans Head Residents for Sustainable Development group has blasted the Crown Lands department for the quality of spoil dumped on Main Beach last year during dredging operations.

Group spokesperson Dr Richard Gates said ‘In my view the whole dredging process has damaged the beach and the contaminated spoil has probably acted to attract sharks to the area via direct or indirect means’.

Dr Gates said photographic evidence showed that Crown Lands and other departments had failed to ensure that the quality of spoil dumped on Main Beach was consistent with the natural sands of the area.

Photos show black sludge containing material such as oyster shells being dumped on the beach, or being released into the ocean.

He said the Richmond Valley Council had been left to try clean up the mess.

‘In my view there needs to be a thorough review of this whole process,’ he said.

‘Richmond Valley Council has been left to clean up a contaminated beach.  Who will be picking up the bill?

‘And I would like to know why material incompatible with the beach and the ocean was dumped on the Main Beach at Evans Head and who made the decision to allow that to happen.

‘Where were the monitoring authorities and why was no oversight given to the process by independent agencies?

Echo NetDaily, 29 March 2016:

A residents’ group in Evans Head is demanding that a dredge operator pay to clean up Evans Head’s Main Beach after dumping contaminated material on it.

The material, which includes oyster shells, shell fragments, shards of glass, metal cans and organic matters, has resulted in visitors avoiding the beach, and some getting cut feet.

The Evans Head Residents for Sustainable Development Incorporated (EHRSDI) has lodged a complaint about the dumping, and is now asking why the Richmond Valley Council is moving the contaminated material further up the beach.

EHRSDI spokesman Dr Richard Gates said the contaminated spoil dumped on the Main Beach opposite the Surf Club during a dredging program last year in the Evans River.

‘A comprehensive photographic record shows that not only was a considerable amount of the spoil not compatible with the beach but that the spoil was taken from parts of the Evans River which were identified as being not appropriate for the beach,’ Dr Gates said.

‘That material should have been removed and bunded as happened with contaminated material from the boat harbour.

He said despite repeated attempts by council to clean the beach of the contamination with a raking program the shell fragments and glass, etc., continue to appear.

‘And a sand cliff has formed at the beach which makes it difficult for Surf Life Saving to get its rescue equipment to the water,’ he said…..

Evans Head Residents for Sustainable Development Inc. had this to say on Facebook, 23 March 2016:

So what has the EPA had to say about problems with dredging at Evans Head? Well here is their response with names removed.

They received comprehensive information from us about what had happened:

"Thank you for your emails of 19, 22 and 23 November 2015 regarding the dredging works in the Evans River. I appreciate you taking the time to bring these issues to our attention. 

Given that Crown Lands is responsible for assessing and approving the works in accordance with the Environmental Planning and Assessment Act 1979, it is appropriate to discuss the content of the REF with Crown Lands. Towards this end I understand that Mr XXXXXXXXXXXX of Crown Lands contacted you last week to discuss the issues you have raised with the project. 

Crown Lands is currently undertaking a number of navigation dredging projects in the north coast region. Some of these have been recently completed, including the Evans River project. 

The EPA has received several complaints regarding these dredging projects and has conducted inspections in responding to these complaints. This culminated in a recent meeting with Crown Lands regarding the environmental performance of dredging projects in the region. This meeting focused on the environmental issues which have been identified and discussed future refinements to the assessment and management processes to deliver enhanced environmental outcomes in the future. 

In response Crown Lands has agreed to revise its current processes in the following manner :
• A more robust assessment of potential sediment disposal locations;
• A more robust assessment of sediment dewatering methodologies that are to be based on site specific sediment characteristics;
• Improved community consultation;
• Improved management and supervision of dredging contractors; and
• Improved water quality management.

Given the nature of the issues which have been identified during the current dredging program the EPA will be closely monitoring future dredging projects. 

If you identify any further issues with future dredging programs I encourage you to contact our Environment Line on 131 555.”

So they had a bit of chat with Crown Lands about getting dredging projects right in future!!!!!! Wait a moment. We're missing something here. So there is a major stuff up with a beach in a community which depends on tourism for its survival and all the EPA can do is make it a 'learning experience' for another government department. Where is the chat with the operator?

You and I stuff up and government agencies are all over us. A powerful department and its contractor stuff up big time and all that happens is they have a chat and are told to learn from their experience so that they can get it right next time.....at our expense!!!! In our view we are being failed badly, very badly yet again by our environment protection authority which is fundamentally a licencing agency for pollution. NOT GOOD ENOUGH. If you are concerned about the beach and what is happening and you think there is a risk to the public there is always the Environment Line 131 555. And you don't need to give your name.

Both the operator and NSW Department of Primary Industries have a lot to answer for.

National Dredging Services (NDS) states it carries a $20 million public liability insurance policy on its works sites – perhaps the good people of Evans Head should be contacting the company and its insurer to inquire as to what a policy of this type actually covers and ask if the company also carries additional insurance.

Photographs from nbnweathershots.com.au, echo.net.au and Evans Head Residents for Sustainable Development Inc.

Australian Federal Election 2016: a picture's worth a thousand words

Financial Review 28 March 2016

Eight months after voting for a rate increase to progress a gas industry in the Northern Rivers Cr. Stuart George became Metgasco Limited's community relations manager

Serendipity or something else?

Richmond Valley Council Ordinary Monthly Meeting Minutes 15 March 2011:

Project Officer for Gas/Intermodal industrial land projects.

This is a Community Strategic Plan (Local Economy) priority....

Snapshot from RVC 15 March 2011 OMM Minutes

The Northern Star 30 April 2011:

DESPITE growing concerns about the burgeoning coal-seam gas industry, Richmond Valley Council (RVC) will proceed with its plans to work with the industry to identify and develop economic opportunities in the region.

Cr. Stuart George’s Linkedin profile:

Community Relations Manager

Metgasco Ltd.

November 2011 – Present (2 years 7 months) Casino

APRIL 2014: Metgasco Limited versus The People of the Northern Rivers

Coal seam gas exploration, mining and wannabe production company Metgasco Limited may be setting up a temporary village - at 1480 Bentley Road, Bentley where the absentee landlords R.J, P.J & S.A Graham of 16 Koonorigan Road, Goolmangar NSW, have given permission for drilling to occur on their land - and this village has permission for removable accommodation, sanitary, ablutions and dining facilities as well as being potentially kitted out with a liquor bar. However, the good people of the Northern Rivers (with a few simple amenities allowed by local government) have massed to fight against the establishment of unconventional gas fields in the region.

The protesters camp courtesy of @1EarthMedia:

On 31 March 2014 Cowra Community News reported:

More than 2000 people have joined residents in the Northern Rivers region this morning (Monday) to oppose drilling by gas miner Metgasco, says anti-coal seam gas (CSG) alliance Lock the Gate.

The company is undertaking an exploration well at Bentley, west of Lismore, that will target tight sands gas, the group says.

Tight sands gas uses unconventional extraction methods like those used to extract CSG, and involves large numbers of wells, extensive infrastructure, and “risky fracking processes”.

“We are here at this blockade to try to protect the valuable farmland and quiet rural lifestyle that we value so much from invasive gasfields,” Bentley resident Liz Stops says in a statement.

“In a survey undertaken in our local area, 84.5 per cent of 266 residents said that they do not want to live in a gasfield.

“The property owner where the drilling is scheduled to occur does not even live here.

“It is the rest of us whose home it is who will have to live with the consequences of this industry,” says Ms Stops....

Bentley protesters from @LockTheGate:

Richmond Valley Watchdog alerts Northern Rivers to NSW Government's search for two new spin meisters

From the Richmond Valley Watchdog’s post NSW Government Hires Spin Doctors to Flog Flawed Planning Laws on 8 September 2013:

Metgasco and Richmond Valley Council partners in unlawfully dumping of coal seam gas mining wastewater

These articles raise as many questions as answers about the apparently cosy relationship between Metgasco and Richmond Valley Council mayor, councillors, senior management - remembering Mayor Col Sullivan supported Cr. Stuart George's decision to become a land administration officer with this CSG mining company in 2011.

Lock the Gate Northern Rivers:

Lock the Gate Northern Rivers has received confirmation from the Environment Protection Authority (EPA) that Metgasco have been disposing of wastewater from its coal seam gas exploration activities illegally at the Casino Sewage Treatment Plant (STP) for almost a year.
This wastewater disposal practice represents a violation of both the gas company’s water management plan as well as the Richmond Valley Council’s STP license and both parties have been told by the EPA to stop immediately.
This information is contained in a letter from the EPA to lawyers acting for Lock the Gate Northern Rivers which was received late last week. A copy of the letter is available on request.
“We found out in March that Metgasco may be removing wastewater from their holding ponds to stop them overflowing and raised our concerns with Richmond Valley Council at that time,” said Boudicca Cerese, spokesperson for Lock the Gate Alliance Northern Rivers.
“Council then referred the matter to the EPA who have now confirmed that Metgasco have disposed of more than 1 million litres of CSG wastewater at the Casino sewage plant since March 2011 in breach of conditions for management of the plant.”
“This disposal practice makes it obvious that Metgasco’s holding ponds are unable to contain the volumes of wastewater produced in drilling operations, despite repeated assurances by them that the ponds are sufficient and will not overflow during heavy rainfall events.”
“The whole matter indicates complete disregard by Metgasco of the regulations under which this industry is supposed to operate, an apparent lack of concern for the impacts of their activities on the environment, and an inability to properly manage the operations which they are undertaking”.
“What we are seeing is an abysmal failure of the current system to properly manage this harmful industry, with industry and local council both flouting existing regulations and a state government that is failing in its duty of care by neglecting to monitor and control the industry.”
“We are calling on the state government to suspend all of Metgasco’s CSG operations in the region and fully investigate their activities to ensure that no further unlawful practices are taking place.”
“It should not be up to local residents to monitor and report on these companies – that is the role of government and for all their talk about strengthening regulation of the industry, they are currently missing in action on this issue,” she said.

The Northern Star 13 June 2012:

But Metgasco has failed to see what all the fuss is about.
In a statement, chief executive Peter Henderson said that all of the company's operations, including the management of "produced water", was approved by "government authorities".
He also said the discharge was safe.
"We have independent technical advice that produced water ... can be discharged safely to the local sewage plant," he said.
Council general manager John Walker said the council had misinterpreted its licence conditions, but he said the council alerted the EPA after concerns regarding the practice were raised with the council.
"We did it, we thought it was okay, it's not okay so we won't do it any more," Mr Walker said.

On Saturday 8 September 2012 all NSW councils will hold an election, including Richmond Valley Council. Something residents and ratepayers might like to start thinking about right now.

Richmond Valley Council declares moratorium on new coal seam gas projects. When will Clarence Valley Council do likewise?

Today's Northern Star reports:

Richmond Valley Council has joined the growing list of Northern Rivers councils to declare a moratorium on new coal seam gas projects.

Councillors voted to approve the moratorium (Stuart George, who works for Metgasco, and Charlie Cox excluded themselves from the vote) despite previously having opposed a moratorium.

NSW Greens MLC Jeremy Buckingham, who is the party's spokesman on mining, said it was clear the coal seam gas industry "has not got a social licence to operate in NSW".

"Local government is acting to fill the void left by the state government's failure to implement a moratorium on coal seam gas," he said.

"Santos Chief Executive David Knox's assertion that opposition to coal seam gas has 'peaked' is just wishful thinking. We saw a massive rally in Sydney recently, and 7,000 people marched through Lismore just last weekend. Community understanding and concern continues to grow.

"Last week Marrickville Council voted against allowing coal seam gas at St Peters, and Dart Energy canned their plans to drill. Narrabri Council is considering a motion to stop coal seam gas; Lismore Council has a moratorium; Moree Council, Leichhardt Council, Kyogle Council, Tweed, Byron, Wollongong Council, Camden, Campbelltown and Wollondilly have all expressed concern.

"There is nothing like a looming election to focus the mind of elected officials, and Councillors across NSW are recognising that the community wants to protect their land and water from the threat of coal seam gas.

"Congratulations to Richmond Valley Council for standing up for their community and a healthy environment."