Tweed Shire local government the subject of more corruption allegations?

The Northern Star-Daily Telegraph, 19 December 2024:

Independent Commission Against Corruption (ICAC) probe launched into Tweed Shire Council

A corruption probe has been launched into Tweed Shire Council, it can be revealed.

Multiple sources have told this publication an Independent Commission Against Corruption (ICAC) investigation was recently launched into allegations surrounding council processes.

One source stated that the corruption probe was “common knowledge” in council and that “they have been trying to keep a lid on it”.

Another source said ICAC officers had recently raided council offices to conduct searches and obtain information, and that a number of staff had reportedly been suspended.

When asked about the probe, Tweed Shire Council Mayor Chris Cherry said she was “unsure” whether the investigation was “active” and that “it was likely to come out (in the media) sooner or later”. She then referred enquiries to general manager Troy Green.

In response to questions, a council spokesperson said: “All investigations are a matter for the Commission.”

“Where there is an active and ongoing investigation, it is not appropriate for council to give any response,” the spokesperson said.

“All enquiries should be directed to the ICAC. No further statements will be made about this matter by the council.”

An ICAC spokesperson said it would not “confirm or deny if it is undertaking investigations”.

In 2005, the state government sacked the Tweed Shire Council after allegations of corruption were aired to ICAC before handing responsibilities over to three administrators.

The probe came after an independent report by Commissioner Maurice Daly, who examined how Tweed councillors were elected, finding them to be influenced by a developer-led group called Tweed Directions.

The report claimed candidates who presented as independents were backed by developers who were responsible for a property boom on the Queensland-NSW border.

At the time, Local Government Minister Tony Kelly said the move had “distorted the community’s understanding of their real status and purpose” and council had “effectively lied to the community.”

The current probe has no links to the matters in 2005.

In September 2022 Tweed Shire Council published its Fraud and Corruption Control Policy Version 2.0 which reads in part:

Fraud refers to dishonestly obtaining a benefit, or causing a loss, by deception or other means. Corruption, in broad terms, is deliberate, a serious wrongdoing that involves dishonest or partial conduct, a breach of public trust or the misuse of information or material.....

This Policy affirms Tweed Shire Council’s commitment to supporting an integrity fraud and corruption control framework, communicates our intention and direction to fraud and corruption control and shows clear accountability structures.

Multinational and interstate developers are devouring the Northern Rivers region one hectare at a time

 

Alan Edward Larkin
IMAGE: Linkedin

With 30 plus years experience in construction and property development, former managing director and principal of Aspect Property Group in Brisbane and current managing director of Digital Infratech Pty Ltd, Alan Edward Larkin of Coolangatta Qld, joins the conga line of multinational or interstate developers on the make in north-east New South Wales.

Mr. Larkin appears to be part of an alleged consortium involving IRBS1 Pty Ltd formerly trading as Aspect Property Group, Digital Infratech Pty Ltd solely owned by IRBS Holdings Pty Ltd & with Larkin as only listed director and, ASX-listed specialist funds manager Centuria Capital Group (currently $21 billion in assets under management with a $1.7 billion healthcare platform).

According to the Federal MP for Richmond Justine Elliot in February 2022: At the time of the land purchase [in 2019], it was widely publicly reported that Aspect had donated numerous times to the Liberal National Party in Queensland. Searches reveal that Aspect had donated more than $28,000 to the LNP in Queensland, including the infamous LNP Forward Brisbane Leadership Fund.

One has to wonder if the consortium was expecting its largesse in Queensland to translate into favourable treatment by a then Coalition state government in New South Wales.

Echo, 23 November 2023:

The rezoning of the State Significant Farmland (SSF) to build the Tweed Valley Hospital on the Cudgen Plateau near Kingscliff split the community and ultimately came with an ‘iron clad’ promise from local Nationals MP Geoff Provest that no more SSF would be rezoned.

However, the land next to the hospital site was bought by Allan Larkin, Director of Digital Infratech [Managing Director at Digital Infratech Pty Ltd, Brisbane, Queensland], just days before the announcement that the SSF would be rezoned for the Tweed Valley Hospital site. Since then Mr Larkin has proposed a mixed-use site called Cudgen Connection. Initially, they proposed that the site to be part of the stage 2 hospital development but this was rejected. Now they are imminently submitting a development application (DA) that provides private hospital and medical suites, essential worker housing, koala research centre, an education and community housing precinct and more at the 5.7 hectare site.

An artists impression of the new Cudgen Connection

Tweed Councillors write to the government

At the recent Tweed Shire Council (TSC) meeting (16 November, 2023) Councillors voted to write to Premier of NSW, Chris Minns, NSW Minister for Planning and Public Spaces, Paul Scully, NSW Leader of The Opposition, Mark Speakman, NSW Shadow Minister for Planning and Public Spaces, Scott Farlow MLC, and Member for Tweed, Geoff Provest to request advice that ‘they will uphold the integrity of the Cudgen Plateau and support the existing retention of State Significant Farmland’.....

Full article can be read at:

https://www.echo.net.au/2023/11/call-to-protect-state-significant-farmland-next-to-tweed-valley-hospital-as-promised/

Tweed Shire Mayor Chris Cherry: "I think that [the 2022 flooding] has been a big wake up call for all of us."

 

IMAGE: Google Earth snapshot showing 40 Creek Street, Hastings Point & environs. Retrieved 7 August 2023. Click on image to enlarge.

In the matter of Development Application DA20/0386 for a 13 lot subdivision (11 residential lots, 1 drainage lot and 1 residual dedicated riparian lot) at Lot 156 DP 628026 No. 40 Creek Street, Hastings Point made on behalf of Queensland-based Palm Lakes Works Pty Ltd on est. 17.77 ha of flood prone, environmentally sensitive, estuary land which includes preferred koala habitat and SEPP14 wetland.

The Tweed Shire Council meeting which refused development consent saw councillors cast their votes 6 to 1. The sole councillor in support of the DA, was former National Party campaign director and former mayor Cr. Warren Polglase, who in speaking to the motion was moved to utter words to the effect that he did not believe that climate change was occurring here not having seen it with his own eyes. 

Echo, 7 August 2023:

Click on image to enlarge

The Tweed Shire Council has refused a development application (DA) for an 11-lot subdivision at the site of 40 Creek Street, Hastings Point.

The site is zoned residential but ‘has significant environmental constraints as well as being flood prone’ according to the staff report. Despite that, Council staff recommended approval of the DA.

Mayor Chris Cherry told the Council meeting (3 August) that in 2019 she had been one of the councillors to propose ‘in-principle support’ of the subdivision.

‘Looking through that and looking at what that support was based on, it was conditional support based on this application not increasing its development footprint. It was based on it complying with a number of different conditions that were very important to the council of the day and the community.’

Councillor Cherry said point six of the in-principle support stated that:

‘Any future development application that proposes to increase the number of lots, reduce the size of lots or vary any other developments controls to intensify yield or the development footprint or further impact on the buffer or environmental areas will not be looked on favourably by Council.’

Cherry went on to detail a number of ways that the current DA went beyond the basis of the in-principle support, saying that in ‘the proposal in 2019 only three of the lots were intercepting into the 75m ecological buffer zone. Now most of them are, I think seven of them now [are] into that 75m buffer zone. So the developable footprint has increased.

‘The lot for the existing house was 800 square metres in the plan in 2019. It is now 1,470 metres square.

2022 flood

‘There are a lot of changes that have been made that increased the impact of this development. But the biggest thing that has happened in the time since the in-principle support was given is the 2022 floods. I think that has been such a big wake up call for all of us. And we’ve heard today from the flooding experts, from Floodplain Management Australia and the planning expert who came forward, just how much consideration we should be giving to the location, to the impact of storm surge in a climate change future that we are most definitely going to see. And I think it is imperative that we take this very seriously. [my yellow highlighting]

‘Most of you would have seen the article in the Sydney Morning Herald [saying] that it is inexplicable that Hawkesbury Council keeps approving developments of a floodplain when they have gone through such a massive flood. It is the same for us. We can’t keep repeating the same mistakes. We can’t keep saying it will be okay. To put 2.2m of fill across this site to get flood immunity for the new residents is simply not the way. That’s not good planning. That’s not the way we need to go forward as a community…..

Full article here.

In 2023 some developers refuse to take no for an answer - one example is the multiple occupancy application by Kempcove Pty Ltd, NCV Enterprises Pty Ltd, Peter Van Lieshout, Dolph Cooke, Darko Kovac & Zimmer Land Pty Ltd.

 

On 19 June 2020 NCV Enterprises Pty Ltd at public auction purchased land at 3222 Kyogle Road, Mount Burrell, NSW, for $2 million.

This land formerly owned by Wollumbin Horizons Pty Ltd (in liquidation) had been intended as a commune, the Bhula Bhula Community.

On 14 January 2021 Tweed Shire Council received Development Application 21/0010 Integrated Development – lodged by NCV Enterprises Pty Ltd for multiple occupancy at 2924, 2956, 2984 & 3222 Kyogle Road. A collection of land parcels comprising 1,584.3ha of forested land stretching from Kunghur to Mount Bullah. With a section of the Tweed River within its boundaries.

Described for promotional purposes as Nightcap on Minjungbul at: https://www.youtube.com/c/NightcaponMinjungbul/videos.

Tweed Shire Council rejected the concept plan at its 1 July 2021 ordinary monthly meeting.

Noting that The Development Application was referred externally to: Natural Resources Access Regulator, Heritage, Community Engagement – Department of Premier and Cabinet, NSW Rural Fire Service, Department of Planning Industry & Environment – Biodiversity and Conservation Division. All of the agencies either required further information or did not support the proposal. The Biodiversity and Conservation Division advised that they estimate the proposed development would require extensive land clearing of approximately 106ha of native vegetation with a further 220ha of impact in native populations and areas described as “cleared/grassed paddocks with scattered trees, regrowth and weed thickets”. The cost of Biodiversity Offsets required to offset the loss of biodiversity values to enable the proposed development is estimated in excess of $27 million.

On 10 February 2021 Council passed the matter to the Northern Regional Planning Panel (NRPP) as designated consent authority, recommending refusal.

On 18 August 2021 the NRPP refused DA21/200 a multiple occupancy concept plan for this land. Applicants were listed as Kempcove Pty Ltd, NCV Enterprises Pty Ltd, Peter Van Lieshout, Dolph Cooke, Darko Kovac and Zimmer Land Pty Ltd.

Echo online reported on 2 February 2023:

The contentious Tweed Valley, Nightcap Village multiple occupancy (MO) $39M development application (DA) near Uki, promoted by Pete Evans, was refused by the Northern Regional Planning Panel (NRPP) in August 2021. They had one year to appeal the decision, and with one day to spare the MO solicitors lodged an appeal to the Land & Environment Court (L&EC) against the NRPP’s decision not to give approval for the project.

An ‘on site Mediation Conference’ was originally set for ‘9 and 10 February 2023’, however, this has now been moved to an online meeting starting 9 February…..

Nightcap Village area to be developed

The full article can be read here.

Coming to grips with the reality of Clarrie Hall Dam in 2022 - Tweed Shire Council seeking community feedback on its draft water release strategy

 

Tweed Shire Council, media release, 21 July 2022:

Feedback invited on draft Clarrie Hall Dam Water Release Policy

Learn more about how water is released from Clarrie Hall Dam

Clarrie Hall Dam is the Tweed's main water storage facility. Council is seeking community feedback on its draft Water Release Policy, with an information session to be held in Murwillumbah on 10 August.

Tweed Shire Council has drafted a new policy to clarify and formalise Council’s operational practices in relation to water releases from Clarrie Hall Dam.

The Tweed’s main water supply is the Tweed River. Opened in 1983, Clarrie Hall Dam is located on Doon Doon Creek approximately 15 km south-west of Murwillumbah. The dam has a catchment area of 60 km² and holds up to 16,000 megalitres of water. Releases from the dam help keep the Tweed River flowing when water levels are low.

Clarrie Hall Dam was designed for the purposes of water storage for water supply only and it has an uncontrolled spillway. As such, Council cannot regulate or change the flow of water through the spillway, change the Full Supply Level (FSL) of the spillway, or maintain a surcharge above the spillway level.

Council’s Manager Water and Waste Water Operations Brie Jowett said the draft policy aims to explain Council’s operational practices when it comes to water releases from Clarrie Hall Dam.

“Due to its design and purpose, Clarrie Hall Dam cannot be operated to release water ahead of rainfall events to provide any form of storage capacity for flood mitigation purposes,” Mrs Jowett said.

“We know there is some misinformation within the community about water releases for flood mitigation and during floods at Clarrie Hall Dam and we want to clear that up.

“We’ve put the draft policy on exhibition as we want to hear from all Tweed residents – especially those in flood–prone, downstream communities including Uki, Murwillumbah, Condong, Tumbulgum and Chinderah – to make sure they have all the information they need to understand how Council’s water release operations work.

“It’s important our community understands that it’s not possible to use the dam for flood mitigation. There is no capability to regulate or change the flow of water through the dam’s spillway, nor change the full supply level of the spillway.

“We are encouraging everyone to learn more about the dam’s design and how it is operated by reading the policy and let us know how to improve the policy to make it clearer.”

During a flood event, Council continuously monitors the safety of Clarrie Hall Dam and provides information to relevant authorities as per Council’s Dam Safety Emergency Plan.

You can review the draft and share your feedback by completing the online survey or attend the community information session on Wednesday 10 August at Murwillumbah Services Club from 4.30 pm. Registration is essential. For more details and to register visit yoursaytweed.com.au.

Submissions close on 16 August 2022.

The spillway at Clarrie Hall Dam does not allow for flood mitigation as there is no capability to regulate or change the flow of water through the dam's spillway.

Member for Lismore and Tweed City Council remain strongly opposed to "NSW Government's ill-advised proposal to close four Murwillumbah public schools and replace them with a mega campus"

It seems that less than ten months out from a state election the NSW Perrottet Government is still not listening to local communities in the Northern Rivers region.....

NSW Labor Member for Lismore Janelle Saffin, media release, 9 June 2022:

Janelle Saffin MP has reaffirmed her 'rock solid' opposition to the NSW Government's ill-advised proposal to close four Murwillumbah public schools and replace them with a mega campus. Tweed Shire Council is also opposed.

STATE Member for Lismore Janelle Saffin remains ‘rock solid’ in her support to maintain Murwilumbah’s four public schools.

The NSW Government’s plans to close these schools and replace them with a mega school campus is nothing but a cost-cutting exercise, Ms Saffin says.

“They (the Government) have not demonstrated any educational benefit to students and to boot will sack 20 teachers and four support staff.”

Ms Saffin further reaffirmed NSW Labor’s commitment to keep Murwillumbah East Public School, Wollumbin High School, Murwillumbah Public School and Murwillumbah High School open for the community into the future.

Ms Saffin said Tweed Shire Council’s damning submission and formal objection to the Murwillumbah Education Campus development application, combined with the school communities’ concerns, should be enough for NSW Education Minister Sarah Mitchell to scrap the Government’s ill-advised plan and heavily invest in existing schools instead.

“My position has not changed; if anything, my opposition to this proposal — which is half-baked at best, silly at worst, does not contain a performing arts centre as touted from the original announcement all the way along, is vague on assessing flood impacts and is generally lacking in detail — has solidified,” Ms Saffin said.

“Some issues identified by Council include inadequate playing fields; indoor halls too small to be used as shared community spaces; a lack of shading for students; a 90-space shortfall in car parking spaces (which would put serious pressure on surrounding streets); and an incomplete bushfire management plan.

“It all adds up to a half-baked plan which sells the local community short, prompting Tweed Mayor Cr Chris Cherry to say the State Government should be a ‘model applicant, but is flouting all of our requirements and at this stage is being anything but’.”

Ms Saffin noted NSW Teachers Federation Deputy President Henry Rajendra’s call for the NSW Government to immediately halt its merger plan, and engage with local parents and teachers to permanently protect the staffing entitlement for existing schools.

In Education Quarterly Online, Mr Rajendra said: “The issues raised by Council are in addition to the staffing cuts that will result when the schools are amalgamated. Primary school provision will, at a minimum, lose a classroom teacher, up to two assistant principal positions, a principal position and a reduction in teacher-librarian staffing.

“The situation is far worse for high school staffing. It is predicted that at least 16 positions – 20 per cent of the teaching staffing entitlement – will be cut, including classroom, head teacher, teacher-librarian, careers adviser and principal positions,” Mr Rajendra said.

It's not easy being a healthy, mature forest red gum in 2021

 EchoNet Daily, 22 February 2021:

The forest red gum (Eucalyptus tereticornis) has been there longer than the Freckles Early Childhood Learning Centre in Tweed Heads West but the impact of the ibises who are roosting there at night are leaving their deposits on the ground. While this is entirely natural for the birds it has been a cause of concern for the Childcare Centre and Tweed Shire Councillor Warren Polglase (conservative) put forward a Notice of Motion (NoM) at last Thursday’s Council meeting (18 February) to have the tree removed.

While Cr Polglase acknowledged that the tree had been there before the childcare centre and that the ‘25 page arborist report was full of jargon’ that he didn’t understand he felt it should be removed at the cost of the Freckles Childhood Centre…….

‘We should be active and take the tree down,’ Cr Polglase told the meeting.

The forest red gum (Eucalyptus tereticornis). Photo Aslan Shand.

Lights, wind, action

An amendment was put forward by Mayor Chris Cherry (Independent) and seconded by Cr James Owen (Liberal) to ‘investigate the treatment of the ibis with lighting and try to deter ibis from roosting in the tree’ according to Mayor Cherry.

Both Cr Owen and Mayor Cherry both highlighted the magnificence of the tree.

‘The forest red gum is a magnificent tree at 1.6m in girth. The arborist report shows the tree is of exceptional health with less than one per cent of [decay] in the crown. I went with an open mind. I thought could be in bad condition. I really want to find a solution that addresses the issue for the early learning centre but doesn’t require the removal of the tree.’

Cr Owen thanked Cr Polglase for bringing the issue to the councillors attention and that he had been working on the issue with the childhood centre for over 12 months.

‘The primary concern [from the childcare centre] was the Ibis,’ Cr Owen told the meeting.

‘This alternative [motion] seems a possible way to go. I have been down several times – I haven’t seen any fallen branches. I have seen a lot of ibis droppings… Chopping the tree down is a last resort though it may be what occurs further down the track. I think it is a sensible approach to protect such a magnificent tree.’

Councillor Katie Milne sought that the investigation of wind spinners as well as lighting as a way to deter the ibis from nesting in the tree. She pointed out to the council that the forest red gum is a ‘is a primary koala food tree and important seed dispersal.

‘We have been advised there is minimal health risk with the tree. We have to have a policy, and we do have a policy, and we should abide by our policy’ pointed out Cr Milne…..

The amendment was carried with Deputy Mayor Reece Byrnes, and Crs Allsop, and Polglase voting against.

For now the tree will remain – but if the attempts to disperse the ibis fail it will once again be in line for removal.

The Tweed Valley may be extensively explored for gold and minerals if NSW Deputy-Premier and Nationals Leader John Barilaro has his way

 

Tweed Valley IMAGE: nnswlhd.health.nsw.gov.au

On 30 September 2020 Gold Belt Pty Ltd (registered August 2020) announced that in late August it had applied for an exploration licence covering a 118 square kilometre corridor, approximately 33kms in length as the crow flies, from Bilambil Heights in the north to Dunbible in the south of the Tweed local government area. 

This corridor also includes Cobaki, Bilambil, Terranora, Bungalora, Duguigan, Tumbulgum, Duroby, Tumbulgum, Condong, Kielvale, Fernvale, Stokers Siding, Dum Dum, Uki and the outskirts of Muwillumbah. 

Exploration is for metallic minerals including gold, silver and copper and the Tweed is not the only NSW region Gold Belt and, a small cluster of other mining companies registered in Narellan NSW, are seeking to explore.

https://commonground.nsw.gov.au/#!/title/ELA%206115/1992

Google Earth snapshot showing terrain, 15 February 2021

On 15 October 2020 the Echo NetDaily reported that; ‘These areas include densely populated and rural areas and include the town drinking water catchments of the Clarrie Hall Dam and the Bray Park Weir, the Tweed River, the State Significant Coastal Lake of Terranora Broadwater, and important sugar cane growing areas that are highly vulnerable to any impacts on land availability due to production viability of the sugar mill,’ explains Cr Milne in the notes.

‘Tweed Shire recognised as one of Australia’s 8 National Iconic Landscapes and an internationally significant environment with the highest biodiversity in NSW but the highest number of threatened species in Australia.

‘Tourism is an important economy for the Tweed and any impact of these values through such mining activities would be highly detrimental to its tourism reputation.

‘There has been vehement opposition from the Tweed Community to mining activities in the past in regards to Coal seam Gas Mining and Commercial Water Extraction with these activities now prohibited in the Tweed Shire.

‘This mining application is highly inappropriate for such a sensitive and significant location as the Tweed Shire.’…..

Echo NetDaily, 15 February 2021:

The application for a mining exploration licence that covers a large swathe of the Tweed Shire continues to raise concerns for Tweed Shire Councillors and residents.

The application, that was lodged in early October 2020, covers 118 square kilometre corridor from Bilambil Heights in the north to Dunbible in the south. It relates to the exploration of metallic minerals including gold, silver and copper.

At the previous Tweed Shire Council meeting (4 February) Councillors noted that the Minister for Regional NSW had responded to their letter in mid-October that objected ‘in the strongest terms to the Exploration (Minerals) Licence Application ELA 6115 in the Tweed Shire’.

While there is no exploration on private land without the written consent of the landholder and no exploration in National Parks or nature reserves Mayor Chris Cherry (Independent) said mining consent on council land needed clarification.

Mayor Cherry told the meeting that she had ‘heard very strongly that people don’t want the mining to happen’.

The majority of councillors, with Cr Pryce Allsop (Conservative) against, voted to write back to the minister ‘to reiterate our deep concerns with regards to gold exploration/mining in the Tweed Shire due to the international significance of the environment and scenic landscape of this Shire, and…’ that the Council does ‘Not support gold exploration or mining activities on Council owned land and any requests for such, including for owners consent to lodge an application, or request for access must be brought to a Council meeting for determination.’

Courts can rule for mining

Councillor Katie Milne (Greens) clarified that while access arrangements are required for the mining exploration to take place on private land a landholder cannot always refuse consent.

‘It is shocking for a lot of people to find out that while they get compensated they don’t have the right to say no. If the negotiation between the landholder and mining company is not successful then it can be taken to court for approval,’ said Cr Milne.

‘It could be a very big and concerning issue for what is actually an internationally environmentally significant area. The Gondwana rainforest (UNESCO world heritage) is the best example (of the most extensive area of subtropical rainforest) in the world. I think sometimes the state government does not remember that we are an internationally significant environment. We have a very big duty to protect this area. Any mining – including water, sand, and gas – all has a very large impact on our landscape.

‘The land area covered (by the mining exploration licence) is absolutely vast – if it gets approved we may be in the shock of our lives.’

BACKGROUND

NSW Deputy Premier & Nationals MP for Monaro John Barilaro proves once again that he doesn't understand that mining & overdevelopment has marked downsides for communities in north-east NSW  16 February 2021

Barilaro, the stealthy empire builder in 2020 22 November 2020

Dispatches from the Australian Koala Wars 21 September 2020

Extraordinarily high levels of manganese in town water after rain causing a problem in Tweed Shire

EchoNetDaily, 31 February 2020: 

Following recent rains the water supplied to the Tweed Shire catchment has been appearing dirty as a result of the high mineral content that has washed into the river following the long dry spell. 

On Wednesday evening Tweed Shire Council stopped pumping water through the reticulation network in a bid to isolate the issue of dirty water to Murwillumbah. 

However, this has been unsuccessful and the dirty water has spread to other areas of the shire. 

Residents are advised that while the water is unsightly, it is fit for drinking. 

However, it should not be used to wash clothes, particularly light-coloured clothes, as it may stain them. 

Difficult treatment process 

‘The levels of manganese in the weir pool are extraordinarily high,’ manager water and wastewater Anthony Burnham said. 

‘These elevated levels of mineral are a result of the recent intense rain washing a lot of organic matter into the waterways, which has then drawn on the dissolved oxygen levels as it decays. 

‘The dissolved oxygen level in the weir pool is now very low, exacerbating the minerals issue as the manganese and iron is dissolved and not in its usual particle form, making it harder to remove.’ 

Council is now drawing water from the top layers of the weir pool, where the water quality is better. 

Removing iron and manganese from the water during the treatment process if finicky and requires constant fine-tuning of the treatment process.

‘Our water treatment process was unable to achieve that fine balance yesterday and the discoloured water is now more widespread throughout the reticulated water network,’ Mr Burnham said.....