Showing posts with label coastal development. Show all posts
Showing posts with label coastal development. Show all posts

Tuesday 1 January 2019

While North Coast Voices was on its annual break….


On Christmas Eve the Morrison Government released the following:


By the time a reader clicks on this link, http://epbcnotices.environment.gov.au/publicnoticesreferrals/,
there will only be 8-9 days left to submit comments.

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In what they are now trying to pass off as an attempt at humour the Liberal National Party of Australia posted this petty, divisive Christmas meme on their Facebook page.



Tone deaf and abysmally stupid was the general consensus.

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The Guardian, 26 December 2018:

A man has been shot by police in New South Wales after he allegedly lunged at officers with a knife, and has been taken to hospital in a critical condition.
Police were called to a home in Waterview Heights, west of Grafton, in the early hours of Wednesday morning following concern for the 36-year-old’s welfare.
Police said he lunged at officers with the knife upon their arrival.
The man was flown to Gold Coast University hospital in a critical condition.
A critical incident team will investigate the circumstances of the incident.

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Stock market volatility continued over the Christmas break as President Donald Trump tweets further personal attacks on the US Federal Reserve and its personnel. Mr Trump's latest attack heightened fears about the economy being destabilised by a man who wants control over the Fed.

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Another young child died whilst being held in custody of US Customs and Border Protection. Eight year-old Felix Alonzo-Gomez died on December 25th after a medical diagnosis of “common cold” proved inaccurate. The boy's death follows that of  7 year old Jakelin Caal Maquin, 7, also of Guatemala, who died in Border patrol custody earlier this month. 
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SBS News, 26 December 2018:

The Coalition could be at risk of losing 24 seats at the next federal election, including those of six frontbenchers, according to a Newspoll quarterly analysis. The analysis, published in The Australian, reveals the government has failed to claw back electoral ground from Labor in both regional and metropolitan seats. While Prime Minister Scott Morrison remains ahead of Bill Shorten as preferred leader, his satisfaction ratings have dropped into the negatives.

According to this Newspoll survey analysis covering 25 October to 9 December 2018, 45% of voters over 50 years of age dissatisfied with Australian Prime Minster Scott Morrison’s performance.

On a two-party preferred basis, polling stands at Labor 53 and Lib-Nats Coalition 47.
Rumours of an early March election, to be called just after Australia Day, persist according to The Guardian.
@nobby15


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@Quad_Finn, 27 December 2018:

Japan has announced its first commercial whale hunt since leaving the IWC. The hunt will take place in July 2019 and will target Endangered Sei whales along with Minke whales & Bryde’s whales. It is not known how many whales of each species Japan intends to kill each season. 

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On Thursday 27 December 2018 Marble Bar in the Pilbarra, Western Australia experienced it's hottest day on record reaching 49.3C at 3.40pm.
           
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The Daily Examiner, 28 December 2018, p.1:

The $300,000 fine issued to Clarence Valley Council by the NSW Land and Environment Court last week for the destruction of a rare Aboriginal object in Grafton will be reinvested into the area, rather than go back into State Government revenue coffers.

The court’s ruling handed down on December 21 included a series of detailed orders as part of the penalty that includes several Clarence-based directives that were reached after consultation with the Local Aboriginal Lands Councils and community members.

It is believed this case is the first of its kind to be ordered with this directive.
The council was prosecuted for the unlawful maiming and removal of a red/black bean scar tree that occurred in 2013 and 2016. The tree, which stood on the corner of Breimba and Dovedale streets in Grafton and was a surviving original specimen from the flood plain before white settlement, was a registered culturally modified object under the Aboriginal Site Register.

The council will pay the fine amount of $300,000 to the Grafton Ngerrie Local Aboriginal Land Council which will be applied to remediation actions.

These include a feasibility study to establish a Keeping Place in the Grafton area for Aboriginal cultural heritage items including long-term storage for the scar tree remnants.

It will also provide research funding into local Aboriginal cultural heritage for educational purposes including training of council field staff and senior management.
The money will also be used to establish a permanent exhibition and fund a series of one-day Clarence Valley Healing Festivals to be held in various Clarence Valley Aboriginal communities throughout 2019 and 2020.

The council was also ordered to, at its own expense, publish a notice in several newspapers including The Sydney Morning Herald, Koori Mail and The Daily Examiner and on the council’s website and Facebook pages.

Additional costs include a $48,000 legal bill which will bring the total costs to the council to more than $350,000.

The council was convicted of the offence against s 86(1) of the National Parks and Wildlife Act 1974 of harming an object that it knew was an Aboriginal object.

The original fine was $400,000 but an early plea of guilty made council eligible for a 25 per cent discount on the penalty. The council potentially faced a penalty of up to $1.1million for its actions.

Council general manager Ashley Lindsay said the council agreed it had done the wrong thing by removing the scar tree and accepted the court’s decision.

“As the mayor and I have said previously, we acknowledge the importance of the scar tree to our Aboriginal community and are deeply sorry for the hurt and sense of loss the removal of the tree has caused,” Mr Lindsay said.

“The tree’s destruction does not represent who we are or who we strive to be as an organisation.

“This council values its connections with the Aboriginal community and I genuinely believe we generally work well together.

“But on this occasion we did the wrong thing and for that we apologise.”

BACKGROUND


A scar tree is harmed

1. Until May 2016, a culturally modified tree stood in Grafton, on the corner of Breimba and Dovedale Streets. The tree was either a Red Bean or Black Bean tree. It had a bifurcated trunk with scarring on two parts of it. The larger scar faced a south westerly direction and was approximately 1.4m tall and 40cm wide. The smaller scar faced a westerly direction and was higher up the trunk.

2. Various reasons for the scarring have been passed down by the knowledge holders to local Aboriginal people. Aboriginal elders have said that the scar tree is culturally significant to the local Gumbaynggirr people and that the scarring was made using a stone axe either as a directional marker directing visitors to nearby Fisher Park, or for ceremonial purposes in connection with other sites in the area, or by someone wanting to make a shield.

3. In 1995, the scar tree was registered as a culturally modified tree on the Aboriginal Site Register. In 2005, the information about the scar tree was transferred from the Aboriginal Site Register to the Aboriginal Heritage Information Management System (“AHIMS”) maintained by the Office of Environment and Heritage (“OEH”). The scar tree was thereby identified as an Aboriginal object for the purposes of the National Parks and Wildlife Act 1974 (“NPW Act”). Under s 86(1) of the NPW Act, it is an offence for a person to harm or desecrate an object that the person knows is an Aboriginal object.
4. The local government authority for Grafton and the Clarence Valley,  Clarence Valley Council  (“the Council”), lopped the crown of the scar tree in July 2013. The Council was issued with and paid a penalty notice for harming an Aboriginal object, in breach of s 86(2) of the NPW Act.

5. The lopping of the scar tree exacerbated the decline in the health of the tree. In 2015, the Council included the scar tree on the Council’s annual stump grinding list for removal of the tree. On 19 May 2016, the Council completely removed the scar tree. The scar tree was cut into four pieces, including a cut through the lower scar. Remnants of the scar tree were taken to the Council’s nursery in Grafton. On 20 May 2016, the Council realised what it had done and self-reported to the OEH that, in completely removing the scar tree, it had harmed an Aboriginal object in breach of s 86(1) of NPW Act.

6. On 27 May 2016, the OEH after an investigation of the offence, seized the remnants of the scar tree pursuant to s 156B(4) of the NPW Act. On 9 June 2016, the remnants of the scar tree were relocated to the National Parks and Wildlife Service’s premises at South Grafton, where they remain today.

Full judgment is here.

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Perth Now, 30 December 2018:

Four months after losing the leadership spill he instigated, Peter Dutton has broken his silence in an extraordinary spray at Malcolm Turnbull.

Calling the deposed prime minister spiteful and indecisive, the Home Affairs Minister told Brisbane's The Sunday Mail that Mr Turnbull had brought about his own downfall through his lack of political nous.

"Malcolm had a plan to become Prime Minister but no plan to be Prime Minister," was Mr Dutton's damning evaluation.

He also criticised the former leader for actions he saw as undermining the Morrison government.

"I am the first to defend the legacy of the Turnbull government. Malcolm was strong on economic management, borders and national security, but Malcolm will trash his own legacy if he believes his position is strengthened by seeing us lose under Scott (Morrison),'' Mr Dutton said.

He excoriated Mr Turnbull for not supporting the Liberal Party's candidate in his old seat of Wentworth.

"Walking away from (his seat of) Wentworth and not working to have (Liberal Wentworth candidate) Dave Sharma elected was worse than any behaviour we saw even under (former Labor prime minister Kevin) Rudd."


Stating emphatically that he wasn't a stalking horse for former leader Tony Abbott or a right wing "Bible basher", Mr Dutton said Mr Turnbull's poor management had lost the Libs 15 seats in the 2016 election, leaving the government "with a one-seat majority which just made the parliament unmanageable. We were paralysed.".....

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Unanswered questions at the start of 2019. 

The last federal general election was on 2 July 2016. A year later and the Federal Liberal Party was still $3,711,956 in debt. 

Has the party managed to pay down this debt and how much money have they received as political donations since 1 July 2017?

One might safely assume that sacked prime minister Malcolm Bligh Turnbull will not be personally donating $1,750,000 to the Liberal Party this time around and one wonders if the banks were as generous with their donations once the Royal Commission began requesting their presence at public hearings.

This is the last available donor list. Will the corporations on this list still back the Liberal Party so strongly? 


Sunday 18 November 2018

GJD Developments' Byron DA rejected by NSW Northern Joint Regional Planning Panel as “disrespecting the process”



A four-storey mixed use development covering three building lots totally 2,834m2  approx. 1km from Main Beach, comprising commercial premises, café, child care centre, 24 shop top residential units, 26 serviced apartments and underground parking for 120 cars, has failed to gain consent.

Echo NetDaily, 14 November 2018:

A contentious application to build a four-storey residential/commercial development at the southern end of Jonson Street has been refused by the Joint Regional Planning Panel, with one panelist branding it ‘disrespectful’.

There was a burst of applause from the public gallery as the panel unanimously rejected the $21.1m development at a meeting in Mullumbimby on Wednesday afternoon.

In doing so the panel went against a recommendation from Byron Council staff that the development be approved.

Instead, the panel accepted one of the main objections from locals, namely, that the proposed development was to be two-and-a-half metres above the current 9-metre height limit for that part of Byron.

This would have allowed the developer to squeeze a fourth storey into the building, going against resident’s long-held desire to maintain a three-storey CBD height limit.

In arguing that its proposal should be approved, the developer relied heavily on the fact that Byron Council has proposed to increase building height limits in this part of town to 11.5m.

But the panel found that until the proposed increase had gone through the appropriate community consultation processes and become law, the development could not be approved.

‘I’m concerned that we’re being asked to vary a height limit based on a proposal that hasn’t been subject to community consultation,’ panel member Pamela Westing said.
‘I find it disrespectful quite frankly, not to go through that process before making the application.’

Panel Chair Garry West agreed.

‘Who’s to say that, after the community consultation process, it [the new height limit] won’t come back to 10.5 metres or 10 meters?’ Mr West asked.

‘If we were to approve that at the moment we would be disrespecting the process.’
Earlier, the meeting heard from around a dozen residents and resident group representatives, all of whom objected to the proposal development.

Thursday 11 October 2018

INVITATION FOR PUBLIC COMMENT: Proposed 19.4ha subdivision at Hickey Street, Iluka. curently being assessed as a controlled action


This proposed development of 19.41ha of forested land adjacent to World Heritage Gondwana coastal rainforest in Iluka, NSW, was first sent for public consultation in December 2015.

This is probably the last chance that community members have to offer their opinion on the plan for a 141 lot subdivision on the lot.

The Stevens Group has issued an Invitation for Public Comment which reads in part:

The preliminary documentation for the proposed action is on display and will be publicly available, to be viewed or obtained by download from the online facility without charge, from the 24 September 2018 until 4:30pm (AEST) on the 2 November 2018, at the following locations:

 § Clarence Valley Council Administrative Centre – 2 Prince Street, Grafton, NSW;
 § Clarence Valley Council Administrative Centre – 50 River Street, Maclean, NSW;
 § Iluka Library – Corner Duke Street & Micalo Street, Iluka, NSW;
§ NSW Office of Environment and Heritage – NSW National Parks and Wildlife Service, Level 4, 49-51 Victoria Street, Grafton, NSW;

§ Online at /www.stevensgroup.com.au%20– a link to the preliminary documentation will be available by selecting the ‘Residential’ page, then by choosing the “Iluka Subdivision – Invitation For Public Comment” tab.

Interested persons and organisations are invited to view the preliminary documentation. Written comments can be directed to Stevens Holdings Pty Limited, C/- Ocean Park Consulting Pty Limited, PO Box 99, Miami, QLD 4220, or email (rangi@oceanparkqld.com.au). 

Deadline for submissions is 2 November 2018.

Sunday 23 September 2018

Yamba, the jewel in the crown of Clarence Valley tourism



The Daily Examiner, 18 September 2018, p.1:

The Clarence Valley is out-performing the whole state in tourism growth, according to Clarence Valley Council, with Yamba the jewel in the crown.

Director environment, planning and community Des Schroder said the Clarence Valley had recorded a 12.2 per cent growth, while NSW had only notched up a 5.7 per cent growth.

Tourism has become one of the Valley’s biggest employers with 6.8 per cent of people employed in the Valley working in tourism and hospitality according to Mr Schroder.

Council statistics show Yamba has become the fourth most visited town in the North Coast behind Byron Bay, Port Macquarie and Coffs Harbour, with more tourists than Ballina, Tweed Heads and Old Bar, Taree.

Mr Schroder said according to NSW tourism research Yamba statistics are merely 30 per cent of Byron Bay’s tourism numbers at the moment, but it might not be that way for long.

“Yamba is growing but it’s not Byron Bay yet from a tourism point of view, but it’s getting up there,” he said.

Mr Schroder added the population of Yamba is fairly stable, but still growing.

He said the influx of people visiting Yamba around Christmas is starting to become a constant stream of tourists all year round.

“The impact of the highway will make a big difference,” Mr Schroder said. “The highway will improve access for people coming to Yamba from the north and south.”

With 30 per cent of tourists visiting Yamba hailing from South-East Queensland he said the council is conscious the tourism in Yamba will continue to grow.

“All council can do is put the framework in place,” Mr Schroder said.

“We need to manage lifestyle for the locals while allowing for tourism growth which balances jobs. You need tourism to create jobs but you don’t want to be over run by tourists.”…….

Wednesday 25 July 2018

Pacific Highway Upgrade has hit a noticeable bump in the road and the fault lies firmly with NSW Roads and Maritime Services, Pacific Complete, the Minister for Roads and the National Party


In July 2018 the NSW Roads and Maritime Services (RMS) was called to account by the communities of Woombah and Iluka for a lack of transparency and only paying lip service to community consultation with regard to the Iluka to Devil's Pulpit Section 6 stage of the Pacific Highway upgrade and, the plan to site a temporary asphalt batching plant and a foamed bitumen plant on a rural lot adjoining the Pacific Highway-Iluka Road T-intersection.

Iluka Road is the only road in and out of both of these small villages whose local economies are heavily reliant on a clean, green, family friendly image and nature-based tourism.

This is the official response of the Pacific Highway upgrade consortium to date:

Nationals MP For Clarence Chris Gulaptis in another media release characterised the RMS-Pacific Complete response as Back to the drawing board for Clarence Pacific Highway upgrade asphalt plant temporary asphalt batch plant.

It is unfortunate that he did so, as Woombah residents can clearly see that site preparation on the lot is still proceeding for the temporary asphalt plant and foamed bitumen plant.

Which leaves some residents concerned that Chris Gulaptis is primarily focused on commercial needs of the Pacific Complete consortium and, that NSW Roads and Maritime Services having been caught out are now merely going through the motions so that there is a suitable paper trail should the issue become even more contentious and so come to the notice of Minister for Roads Maritime and Freight, Melinda Pavey.

Residents point out that Jackybulbin and the Rest Area approximately five kilometres away are ideal sites. That the Woombah lot is probably the construction consortium's preferred ancillary site simply because they have an existing lease there.

In response to Gulaptis' spin for the consumption of local media, Woombah and Iluka residents opposing the preferred site have stated in an email:

1. Woombah and Iluka stand united in expressing 'no confidence' in the Laing O'Rourke/Brinkerhoff unincorporated consortium known as "Pacific Complete". Laing O'Orurke is the correct identity for publishing as it is the INSURED PARTY (see attached). Laing O'Rourke Australian arm is for sale and Brinkerhoff is the named party in several issues with previous works such as Lane Cove Tunnel.

2. "Pacific Complete" has been negligent in [failing to notify] the affected members of the communities (all road users of these communities including children on buses and visitors and assessing the proposed shared access roads) and the lack of experience by the "Pacific Complete" Project Team has caused serious distress to the residents of Woombah and Iluka due to two failed communications engagements.

3. "Pacific Complete" and the Roads & Maritime Service NSW has pursued it's objectives and shown complete disregard toward the genuine safety and security issues that will be faced by residents using Iluka Rd to the Iluka Road Pacific Highway turn-off.

4. "Pacific Complete" failed in its duty to correctly identify and assess all viable sites for the asphalt plant.

5. At this time "Pacific Complete" and RMS have offered no traffic solution in the event that no other suitable location of the plant can be identified.

6. Should "Pacific Complete" and the RMS pursue the Woombah site for the Asphalt Batch Plant with no dedicated route for construction/plant vehicles, residents of Woombah & Iluka will consider forming a class action lawsuit against the parties for wilful endangerment.

7. Objectives now are to monitor Pacific Complete to take the preferred site as one of other now five options that do not affect traffic, local residents and the environment.

8. January is Pacific Complete peak movement of trucks month for the Asphalt Plant. They did not consider this ….would affect our peak Holiday period?

Research by local residents also suggests that RMS and Pacific Complete may not be fully compliant with guidelines for the establishment of ancillary facilities when it comes to the Woombah site.

Of particular concern is; (i) the south west flow of surface water on the lot and, whether during any high rainfall event over the next two and a half years, contaminated water might escape and flow from the batching plant infrastructure into the 80ha Mororo Creek Nature Reserve and then along the final est. 2.5km length of the creek which empties into the Clarence River estuary and (ii) the proposed shared access road for heavy trucks and residents' cars and school buses now intersects with the proposed ancillary site at a point which is a known koala crossing.


Image contributed

The next NSW state election will be held on 23 March 2019 in just eight months time.

If the Woobah site remains the preferred site, by then the asphalt batching plant (and possibly the foamed bitumen plant) will have been operational for at least five months and up to 500 heavy truck movements a day will have been occurring over that time with peak activity coinciding with the Woombah-Iluka annual summer tourism period 

One wonders what the Berejiklian Government down in Sydney and the NSW National Party were thinking.

Do they really believe the dust, noise, odour and disruptive traffic will endear Chris Gulaptis to voters in these towns on polling day?

Monday 23 July 2018

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 – Part Three


In July 2018 the NSW Independent Commission Against Corruption (ICAC) continues to hear evidence in Operation Skyline.

An organisation called United Land Councils Limited was mentioned as allegedly sending its then sole director Richard Green around New South Wales to talk with local aboriginal land councils concerning certain proposals.

These trips appear to have commenced sometime in 2015.

At least one trip taken in 2016 by Mr. Green was to Yamba in the Clarence Valley, allegedly at the behest of Nicholas Petroulias.

The subject of the alleged discussion/s with the Yaegl community in Yamba was the creation of a large port in the Clarence River estuary.

It shoud be noted that by July 2016 Yaegl elders and the Yaegl Traditional Owners Aboriginal Corporation were strongly opposed to a mega port being created in the estuary.

Mainstream media has been following current events as they unfolded.....

The Daily Telegraph, 13 July 2018:

AUSTRALIA’S youngest ever tax chief is behind bars after ­allegedly being caught with a wallet full of counterfeit cash, bank cards in different names and dodgy driver’s licences.

Nick Petroulias, once the nation’s second most powerful tax official, appeared before Burwood Local Court as Michael Nicholas Felson earlier this week having been pulled over by police while driving his luxury black BMW X5.

When the officers stopped him in inner-west Sydney on June 20, the 50-year-old is alleged to have handed them a current New Zealand driver’s licence in the name of another alias, Nicholas James Piers.

Police will allege that inquiries revealed Piers was a permanent resident of Australia and allegedly had a number of aliases including Nick Petersen, Michael Felson as well as his real name — Nick Petroulias.

Under his various aliases he is alleged to have held one NSW driver’s licence, three Queensland licences, one from Victoria and another from Tasmania, only two of which were current. He has not been charged over those licences.

Once a Melbourne legal whiz-kid, Petroulias (pictured left) was made assistant commissioner of the Australian Taxation Office at the age of 30. In 2014 he was declared bankrupt with eye-watering estimated debts of $104 million.

On Tuesday he appeared in court via videolink from Silverwater Jail dressed in prison greens as he used his fingers to flatten the “comb-over” hiding his bald head.

Court documents show he has pleaded not guilty to knowingly possessing seven counterfeit Australian $50 bank notes and two counts of possessing bank cards with the intention of committing fraud. He was refused police bail on June 20 and refused bail in Burwood Local Court the next day.

His case has been adjourned to August 14 when the court was told he will make a fresh bail application.

Newcastle Herald, 17 July 2018:

A member of the Awabakal Local Aboriginal Land Council has admitted to giving false evidence to the Independent Commission against Corruption and disobeying orders not to discuss its inquiry with other potential witnesses, after an intercepted phone call was played in which he told former tax official Nick Petroulias about an inquiry into land deals with which the pair were involved.

But Richard Green, former deputy chair of Awabakal, denied he was “tipping off” Mr Petroulias about the ICAC inquiry.

He was reprimanded by Commissioner Peter Hall QC for failing to answer questions directly.

“Mr Green if you're going to obstruct this commission you could be putting yourself into real trouble,” Commissioner Hall said.

On Monday, Mr Green was questioned about whether he spoke to anyone after receiving a summons from the ICAC in January, telling him he would be required to appear before its Operation Skyline public hearings and warning him not to discuss the matter with any other person.

When pressed by counsel assisting the commission, Nicholas Chen SC, Mr Green admitted he had a brief conversation with Mr Petroulias about the summons, but said it was because he had not read the warning contained within the letter.

However minutes later, a phone intercept was played where Mr Green was heard to read the contents of the letter to Mr Petroulias, including the direction to keep the summons confidential.

“That was contrary to the clear and express statement of what you were not permitted to do. Isn't that right?” Mr Chen said. “What's your excuse, Mr Green, for doing that?”

“Like I said before I don't – I haven't got an excuse,” Mr Green responded.

The inquiry heard that Mr Petroulias is in custody on unrelated charges. 

The former tax office high flyer is accused of playing a "central role" in four deals to sell off Awabakal land. The ICAC is investigating whether the deals were a sham to benefit Mr Petroulias, his lawyer partner Despina Bakis, and Awabakal board members Mr Green and Debbie Dates.

Mr Green conceded that his signature appeared on a number of the sales agreements. However he insisted he could not read well and had not read through documents when they were given to him to sign by either Mr Petroulias or Ms Bakis.
He could not explain why he signed the documents without telling other board members about them, despite board approval being a requirement of land sales. He agreed his behaviour was "reckless in the extreme" but denied he benefited financially from it.

"When you've got a person acting like Nick you take notice of them," he said. "And I keep saying over and over if people understand how Aboriginal land councils function they will understand what I'm talking about.''

Newcastle Herald, 19 July 2018:

Luxury cars, gold jewellery, and Foxtel subscriptions were among the items that Richard Green bought with money disgraced former assistant tax commissioner Nick Petroulias provided to him, allegedly for helping facilitate the sale of Aboriginal-owned land in the Lower Hunter.  

The Independent Commission Against Corruption heard on Wednesday that Mr Green, a former land council board member, is alleged to have received an estimated $145,000 between 2014 and 2016 for his personal benefit from Mr Petroulias. 

The money was received via several bank and credit card accounts that were operated in Mr Green’s name, but which appear to have been opened on behalf of him by Mr Petroulias. 

Mr Green appeared confused when presented with statements from some of the accounts and denied any prior knowledge of others. 

The commission is investigating whether a series of deals to sell Awabakal land to developers were a “ruse” to benefit former board members Richard Green or Debbie Dates.

It is also probing whether the first of the deals was a sham set up by Mr Petroulias – using a company he allegedly controlled called Gows Heat – so he could on-sell his interests to other buyers. 

BACKGROUND

25 September 2016 What's in a name?