Michael & Natalie Hercus along with 10 other landowners are allegedly seeking to harm or destroy up to 1.5 million Indigenous artefacts on North Lismore Plateau

Banyam Baigham, The Sleeping Lizard
Click on image to enlarge

Michael McDonald Macky Hercus and Natalie Hercus (née Michaels) appear to be ensconced in one half of a $5 milllion dollar duplex on a leafy upmarket street in Point Piper, Sydney NSW. With her father Harry occupying the other unit.

Michael is the director and company secretary of Mackcorp Pty Ltd whose sole shareholder is Hercus Investments Pty Ltd. Hercus Investments in turn has both Michael & Natalie as directors and Natalie as the sole shareholder. Michael is also sole director, sole shareholder & company secretary of Allura Parklands Pty Ltd.

This former rugby union player & investment advisor and active property developer along with his former Sky News presenter wife are whimsically classified by realestate.com.au among the celebrity buyers and sellers of Sydney's waterside suburbs.

It could be considered unfortunate that they chose to become active participants in a move to effectively destroy the Widjabul Wia-bal People's spiritually and culturally significant Banyam Baigham (the Sleeping Lizard).

In was in May 2020 that the Winten Property Group's 2018 proposal for a large-scale 433-lot residential development on the North Lismore Plateau was rejected by the NSW Land & Environment Court.

In May 2021 Michael Hercus and Allura Parklands Pty Ltd, with other landholders Mr A J & Mrs D L Purtle, Mrs V Giacomini, Giacmor Pty Limited, Mr F Basso & Ms S Novkovic, Mrs M L & Mr G & Mrs L Mazzorana, Mrs L Massorana and Mr A R & Mrs F M Riordan, submitted their own large-scale 742 lot residential development plan for the same general area and had it refused by the Northern Regional Planning Panel (NRPP) in December 2022.

Refusing to take no for an answer this 'celebrity buyers and sellers' couple, through Mackycorp Pty Ltd, presumably along with the other ten owners, have appealed the NRPP decision in the Land & Environment Court. In the process submitting the amended development proposal for 714 residential lots, including 7 large lots and 2 ‘super’ lots for future development), 2 neighbourhood business lots, plus residual lots, public reserves and associated infrastructure.

It appears to matter not a jot to 45 year-old Michael and 46 year-old Natalie Hercus - or indeed any of the other ten owners - that they are seeking to make money from the proposed destruction of a land form respected and guarded by a people and culture which has existed on Country since time immemorial. 

Given that Mackycorp's submitted Aboriginal Heritage Assessment (May 2024) indicates that many of the artefacts found on the proposed development site would on further investigation probably fall into a pre-1199 Common Era time period, this supports the presence of ancestors of the current Widjabul Wia-bal people living in the Lismore local government area since time immemorial.

It probably wouldn't even occur to any of them that their connection to the North Lismore Plateau is as ephemeral as the aerial lifespan of a Mayfly when compared to the Widjabul Wia-bal community's presence there.

Banyam Baigham, The Sleeping Lizard

Images: Change.org & David Lowe

North Lismore Plateau rejected development proposal with the light yellow section representing "Allura Parklands" containing 45 new roads, infrastructure and more than 700 residential dwellings. IMAGE: Echo, 18 January 2023.

ECHO, 18 January 2023:

On Thursday 15 December, it took the four panellists on the Northern Regional Planning Panel (NRPP) less than half an hour, to unanimously decline the Development Application (DA) 5.2021.221.1 for the northern section of the North Lismore Plateau (NLP) also known as The Sleeping Lizard. Their overall reason? ‘Not in the public interest’.

ECHO, 20 July 2024:

The development of Lismore’s Sleeping Lizard – Banyam Biagham (the North Lismore Plateau) as a 742-residential-lot subdivision was rejected by the Northern Regional Planning Panel (NRPP) as ‘not in the public interest’.

The DA is the biggest single development ever proposed in Lismore and includes massive bulk earthworks for infrastructure.

The developer, Mackycorp, is continuing to appeal the NRPP rejection of the staged development for 742 residential lots, two business lots, a future residential lot, 45 new roads, bulk earthworks and significant infrastructure following the failed Land and Environment Court (L&EC) conciliation meeting in February this year.

On July 15, 2024 Bundjalung Elder Mickey Ryan sought to join the ongoing North Lismore Plateau Court appeal following the developer recently submitting to the court a Cultural Heritage Assessment Report, containing test pit results carried out earlier this year.

‘The Report recommends that the developer obtain a permit to allow the estimated half to 1.5 million sub-surface artefacts be directly impacted by construction works, i.e harmed, destroyed or desecrated,’ explained Al Oshlack from the Indigenous Justice Advocacy Network representing Mr Ryan. [my yellow highlighting]

‘This development with all its flaws such as traffic, flooding, storm water, and even landslides will irretrievably destroy one of the most significant Aboriginal sites in the Bundjalung country. It’s vandalism and sacrilege to such a sacred place, this development is a toxic mix of stupidity and greed,’ Mr Oshlack said.

Lismore Council failed to defend Indigenous heritage

The L&EC accepted the application by Mr Ryan to be a party to the developer’s appeal to overturn the NRPP decision.

This was based on the fact that Lismore Council had chosen not to defend the cultural heritage of the site despite this being one of the key factors in the NRPP refusing the DA, Mr Oshlack told The Echo. [my yellow highlighting]

‘In the statement of facts and contentions Lismore Council was not going to defend the Aboriginal cultural heritage component. Even though it was a key basis for the rejection by the NRPP,’ he said.

‘The developer strenuously objected to Mickey Ryan being allowed to join the case.

‘Mickey Ryan won the joinder on Monday based both on the arguments of public interest and for justice – they were considered valid by the court thus Mickey Ryan has now been joined as second responder.’

The L&EC hearing is set down for an onsite hearing on August 12 followed by four days in Sydney.

NOTE: The Widjabul Wia-bal are recognised in law as holding native title over more than 11,500 hectares of what remains of their land and waters held by public authorities/government agencies in the Lismore local government area.

Tweet of the Week

#BREAKING: Tiwi Traditional Owner Dennis Tipakalippa has won his landmark case over Santos’ approvals to drill precious Tiwi Sea Country!

The Federal Court of Australia has found that Santos failed to consult Traditional Owners as required. pic.twitter.com/WXcHLWRH1s

— Environmental Defenders Office (@EDOLawyers) September 21, 2022

The Perrottet Coalition Government just won't give up on a bad tourism idea for the Clarence River estuary

North Coast Voices readers may recall that in March 2017 Lower Clarence River communities became aware that Liberal MLA for Willoughby and NSW Premier Gladys Berejiklian and members of her Cabinet were considering expanding the uses that the Clarence River estuary and the Port of Yamba could be put to.

By November of that year it had firmed into future plans for Yamba to become a cruise ship port and destination with a waterborne trojan horse to be delivered into the estuary in October 2018.

The Yamba and Iluka communities were not amused by both the NSW Government's plans and its lack of consultation.

These communities got loud. The Berejiklian Government went quiet and the named international cruise ship company decided to bypass the Port of Yamba. 

There appeared to have been no specific development activities in 2019 or in 2020 when the global pandemic reached Australia.

However, this was, and under Liberal MP for Epping NSW Premier Dominic Perrott still is, a government which doesn't like taking a decided "No" for an answer.

So this is still appearing on a current tourism website set up under the auspices of the NSW Government.

Note: All webpage snapshots were taken on 16 May 2022 at

https://www.visitnsw.com/travel-information/cruise/yamba

Dunoon Dam proposal debate continues to concern many in Northern New South Wales

Echo NetDaily, 8 April 2022:

A locally-based NSW Nationals MLC was recently pressured over his lack of consultation with Indigenous custodians regarding the contentious Dunoon Dam proposal.

According to the February 24 Hansard transcript of NSW Parliament, Minister for Aboriginal Affairs, Ben Franklin, was asked by Greens MP, Cate Faehrmann, if he had attempted to meet with the Widjabul Wia-bal people around their concerns about the impending destruction of 25 sacred sites, ‘should the Dunoon Dam go ahead’.

He replied in part, ‘The short answer is that I have not met with them yet. I do not think they have reached out to ask for a visit. I may be wrong, but I do not think that is the case. Of course, I would be happy to meet with them. I am happy to meet with any Aboriginal organisation or community across this State as much as I possibly can if my diary will allow’.

Mr Franklin also refused to pre-empt the outcome of any meeting, and said that, ‘We must genuinely collaborate and listen to their aims and ambitions and concerns in order to address them effectively’.

I am happy to meet with them

He went on: ‘Can we do that in every situation? No, because there are a range of competing interests within government and they must all be balanced. But I make the commitment that I am happy to meet with them’.

He added there was no plan on the table for the Dunoon Dam, ‘though there has certainly been discussion, and a different position has been promulgated by Rous County Council after the recent local government elections, which may lead to other actions. At the moment there is no plan on the table’. for the Government’s consideration. When there is one, obviously that will need to be considered’……

Ben Franklin has been a Nationals MLC for the last 7 years, first in the NSW Baird Government, then the Berejiklian Government and finally in the Perrottet Government. He has been Minister for Aboriginal Affairs as well as Minister for the Arts since December 2021. These are his first ministerial roles.

Despite living in Northern New South Wales, Mr. Franklin has a spotty voting history when it comes to protecting the aesthetic, environmental, cultural, social & economic values of local communities against the interests of industry lobby groups and party political donors.

On 4 February 2022 in the NSW Legislative Council as he danced around the issues of strong opposition of the Widjabul Wia-bal people to the widespread inundation of sacred land in order to create a second dam on Rocky Creek, along with the loss of 25 ancestral stone burial sites, he clearly stated that he was; “a very proud member of a resident of the northern rivers region of New South Wales and member of the National Party. As such, I understand the critical importance of building water infrastructure as well…..that we must look at what we need to do to build water and other infrastructure in this State”.

Mr. Franklin further stated that; “we must also be incredibly sympathetic to the concerns of Aboriginal people”.

Given his advocacy on sensitive issues often does not survive when it comes to the vote he casts in the Upper House, I am not all that hopeful that he will genuinely assist the Widjabul Wia-bal people to protect Country.

One suspects that he is likely to be more closely aligned with Kevin Hogan the Nationals MP for Page, one of only two federal electorates in the Northern Rivers, who clearly favours dam proposals.

The 43 seconds when without a moment's thought Australian Prime Minister Scott Morrison betrayed the Widjabul Wia-bal people, the unique biodiverse & culturally significant Channon Gorge and the clear wishes of what appear to be a majority of Lismore residents

Listen to this part of Prime Minister Scott Morrison's question and answer segment at the end of his Wednesday 9 March 2022  press conference in Lismore in the NSW Northern River region. 

This is the sacred land, with gorge, watercourse, ancient stone burials and secret business places that Morrison supports destroying. The place where once the water is stopped from flowing freely will permanently inundate core endangered Koala habitat and eradicate endangered Eastern Freshwater Cod breeding habitat.

And for what? The proposed 50 gigalitre Dunoon Dam on Rocky Creek in a catchment area of roughly 50 sq km, even when combined with the existing 14 gigalitre dam on the same creek, would never mitigate or stop flooding of Lismore City and environs.   

I note that Morrison openly blames unspecified Northern Rivers residents who have "resisted" flood mitigation measures (hold all term which includes dams and levees) for the frequency and severity of flood events in recent years.

Northern Rivers couple Pat and John Edwards inducted into the Allen Strom Hall of Fame at the Nature Conservation Council’s 2021 NSW Environment Awards

 

Clarence Valley Independent, 10 November 2021:

John and Pat Edwards were inducted into the Allen Strom Hall of Fame at the Nature Conservation Council’s NSW Environment Awards over the weekend. Image: Contributed

Clarence Valley environmental defenders John and Pat Edwards were inducted into the Allen Strom Hall of Fame at the Nature Conservation Council’s NSW Environment Awards.

The awards, which were conducted via a Zoom meeting on Saturday November 6, “celebrate the outstanding commitment and achievement of campaigners, grassroots environmentalists and conservation groups across the state”.

“The Nature Conservation Council’s hall of fame was established in memory of the late Allen Strom’s untiring dedication to conservation and education in NSW,” the conservation council’s website states.

“Individuals for this award have been actively involved in the conservation movement for many years, have made a constant and invaluable contribution to the environment and have displayed qualities of integrity, reliability and commitment.”

Mr Edwards said he was honoured that he and his wife, Pat, were inducted into the hall of fame, however, he was a little shy about the attention.

“I always find these things embarrassing,” he said, “I’d rather be off in a corner doing my own thing, Pat is much the same.

“We do the things we do because we believe in them.

“We have five lovely grandchildren who deserve to experience a world like the one we grew up in – one of the things our generation has done is stuff it up for them; so whatever we can do to conserve nature is worth doing.”

Mr Edwards has been one of the people integral in conducting the Clarence Catchment Alliance’s ‘No Mines Clarence Valley’ campaign.....

Read the full article here.

Banyam Baigham, the Sleeping Lizard, returned to the Widjabul Wia-bal Traditional Custodians

An excellent example of natural justice for the Widjabul Wia-bal Traditional Custodians and genuine recognition of their connection to country and culture by Lismore City Council. Well-written and empathetic journalism by Eve Jeffrey.

Echo NetDaily, 14 July 2021:

Everybody (almost) hands up! Councillors Vanessa Ekins, Darlene Cook, Elly Bird, Eddie Lloyd, Nancy Casson, Adam Guise and Neil Marks, vote to hand back the Sleeping Lizard to the local mob. Councillor Bill Moorhouse voted against the motion.

In an emotional and historic vote, Lismore City Council last night passed a motion to hand back Banyam Baigham – Sleeping Lizard, known as the North Lismore Plateau, to the Traditional Custodians.

Lismore Mayor, Councillor Vanessa Ekins, spoke at length about the significance of handing back the Council owned land.

Representatives from the local mob including Uncle Mick Ryan, Aunty Marie Delbridge, Aunty Thelma James and Mindy Woods, and North Lismore Plateau Protection Association Inc. spokesperson Dot Moller, took the opportunity to speak in favour of the motion during public access.

The authority and standing to speak for Country

Uncle Mick Ryan said he had both the authority and standing to speak for that country.

‘At the outset, I say to you all that tonight is an historic moment. Grasping this monumental opportunity is a real positive action, more than just empty words.

‘This is a very big step by our community for justice and reconciliation. For all of us, Aboriginal and non-indigenous alike.

‘Not supporting this hand back will just be a continuation of all the injustices people have suffered through massacre, dispossession, stealing of their children in the 200 years of the discriminatory policies enacted by colonial, state and Commonwealth governments.

‘What happens tonight will reflect not only on the Council but the wider community.

‘I believe it will not only be a tragedy but an opportunity lost. There is no question the land to be handed back has been identified as containing some of the most significant and sacred sites within the Bundjalung nation.

‘My responsibility as a senior elder of the Bundjalung nation is toward the protection of ancestral lands and all the animals, plants and people who dwell within.

‘Let’s commence this process of reconciliation and recognition in a meaningful way to right the great injustice, for Council to listen carefully to what I have said and did a proper thing.

‘We Aboriginal people have a strong tradition embedded in our culture of sharing and caring and welcoming.

‘Go beyond the personal politics and point-scoring.

‘All of you see the demand for supporting this historic occasion and supporting the hand back of our sacred land to the rightful landowners,’ said Mr Ryan.

A deep affinity with particular areas of land

Also speaking for the Bundjalung was Mindy Woods who said that Traditional Custodians have a deep affinity with particular areas of land. ‘Much of our sense of identity is derived from it,’ she said.

‘One area is not exchangeable for another, unlike those of Western land systems. We recognize the cultural, spiritual and historical significance of Banyam North Lismore Plateau.

‘This land is steeped in our history, our culture, our spirituality, and our very existence. This is your history.

‘We support and hope to celebrate the motion that custodianship of Council-owned land on North Lismore Plateau be returned to the Widjabul Wia-bal clan group.

For you, our Councillors, this is a significant decision, but a small and vital step to a long journey towards genuine recognition, reconciliation, protection and celebration of our history,’ she said.

‘We extend our thanks and extend our hand to join you on this journey.’

The Sleeping Lizard

Cr Ekins, who moved a motion that Council hand back Council-owned land on the North Lismore Plateau to the Traditional Owners, was very passionate in her address to the chamber, imploring all councillors to vote in favour of the motion.

‘This is a pretty important decision that we’re making to heal Country.

‘We’ve been talking about the North Lismore Plateau and development on it for 20 years. We’ve spent many years in consultation with the Aboriginal community about the significance of that land. And we know that the site is really significant to the Aboriginal community. It’s Sleeping Lizard Hill, it’s well documented and known to us.

‘We need to hand back Council-owned land to the Traditional Custodians. It’s a really small but significant gesture. And it links Lismore with the National Native Title process that’s going on around us everywhere.

‘A Native Title claim was lodged in 2013, and what that claim has done for the Widjabul Wia-bal Custodians, it has recognized that there is connection for Widjabul Wia-bal people to the North Lismore plateau, going back time immemorial.

Cr Ekins outlined the distant and recent history of the land and concluded that the best use for that land is that it be handed it back to the care and control of the Widjabul Wia-bal Traditional Custodians. ‘It’s a pretty easy decision tonight Councilors, we just decide to hand it back.

‘We can’t use this land. We haven’t used it for 40 years, and we’re unlikely to use it for another decade, but it’s really important to the Widjabul Wia-bal Traditonal Custodians. They can protect it and manage it.’

Just hand it back

‘I’m just asking you to make the decision tonight. Just to hand it back,’ said Cr Ekins.

The motion was passed with votes in favour from Crs Ekins, Lloyd, Bird Marks, Cook, Casson and Guise with only Cr Bill Moorhouse voting against.

National Parks & Wildlife consulting over future of Wollumbin summit track

 

Wollumbin
IMAGE: Visit North Coast NSW

Echo NetDaily, 22 January 2021:

A number of traditional custodians of the sacred site have called for non-Indigenous people to refrain from undertaking the five-hour trek.

Up to 100,000 people climb the mountain each year, according to tourism data. However, some leave rubbish such as soiled toilet paper by the side of the track and at the stunning peak.

The track has been closed for much of the past year owing to COVID-19, and it now appears it may stay that way.

A safety audit and an engineering assessment conducted during the closure have identified significant safety issues with the final climb to the Wollumbin summit.

These include an ‘extreme risk of landslide, rockfall and failure of the chain section of the track’.

A spokesperson from the National Parks and Wildlife Service said the current closure had been extended, at least until May.

Tellingly, the spokesperson also said that the future of the summit track was now under consideration.

This was being done in consultation with various key stakeholders, including the traditional owners of the site.

‘We understand that locals and visitors may be disappointed by the extended closure, however our main priority must always be to ensure the safety of visitors and staff,’ the spokesperson said.

‘We will now consider the future of the Summit track, in consultation with key community and tourism stakeholders, including Aboriginal Elders and knowledge holders.’

Wollumbin, which means ‘cloud catcher’ in some Aboriginal languages, is a traditional place of cultural law, initiation and spiritual education for the people of the Bundjalung Nation.

Under Bundjalung law, only certain people can climb the summit.

The National Parks and Wildlife Service asks visitors to respect the wishes of the local Indigenous mob and ‘avoid climbing this very difficult track’.

New Yaegl signage as Clarence Valley enters a new year

People driving south down the Pacific Highway in past years will remember the sign welcoming people to Yaegl Country. Well now there are six new signs being erected to properly reflect the Yaegl people's recognised connection to Country.... 

(l-r) Yaegl Traditional Owners Aboriginal Corporation RNTBC CEO William (Billy) Walker, YTOAC director and manager Dianne Chapman and artist Charlene Williams. Image: Geoff Helisma.Clarence Valley Independent

 

The Daily Telegraph, 29 December 2020: 

Colourful new signs are popping up on roads along the east coast in what local Indigenous leaders hope will be a precedent across the state. 

Minister Regional Transport and Roads Paul Toole said the statewide pilot of the new signs kicked off this week on Yaegl Country in the NSW Northern Rivers region. 

“Many of the transport routes we take for granted today follow traditional Aboriginal Songlines, trade routes and ceremonial paths in Country followed by Aboriginal people for tens of thousands of years,” Mr Toole said. 

“These include roads, rail lines and water crossings around the state, so it’s a step forward to recognise the lands these routes cross by incorporating the new Acknowledgement of Country signs at important locations.” ......

Yaegl Traditional Owners Aboriginal Corporation RNTBC CEO Bill Walker said: “Yaegl people always have and always will have the physical and spiritual connection to the land, rivers and sea and will keep maintaining their culture through Caring For Country”. Transport for NSW has also worked closely with other Aboriginal Nations to roll out similar signs across the state.

IMAGE: NBN News

This logo will be displayed at six sites along the Pacific Highway and Big River Way commencing at the northern and southern boundaries of Yaegl Country.

Elders and Widjabul Wia-bal people: ‘We are tired of being ‘consulted’ and then ignored. Enough is enough.’

 

Echo NetDaily, 14 December 2020:

Widjabul Wia-bal traditional owners of the area between Dunoon and the Channon have told Rous County Council not to follow Rio Tinto with the destructive Dunoon Dam.

They have told the General Manager of Rous County Council, Phil Rudd, that they will not accept the building of the proposed dam, which would inundate ancient burial sites and extensive evidence of occupation in the past and in recent times.

John Roberts, a Senior Elder of the Widjabul Wia-bal said, ‘I was one of the stakeholders consulted in 2011 about the impact of the Dunoon Dam on cultural heritage.

‘In the 2011 Cultural Heritage Impact Assessment prepared for Rous, we stakeholders said with one voice that no level of disturbance was acceptable to us. We still say that. Nothing has changed. There is no need for another study. Our opinion has not changed.

‘Our cultural heritage is a direct connection to our ancestors. We have been here for thousands of years. These sites provide us with a link to our traditions, our land and our living heritage. They allow us to educate our young ones in their history.’

Unanimous decision

A unanimous decision of Elders and Widjabul Wia-bal people was given to the Rous County Council General Manager last Tuesday, December 8th.

The group insisted that Rous abandon plans for the Dunoon Dam.

‘So many of our cultural sites have been destroyed. To destroy more is unacceptable to the traditional owners,’ said Mr Roberts.

‘We are tired of being ‘consulted’ and then ignored. Enough is enough.’

The Widjabul Wia-bal collective insisted that Rous County Council no longer deals with individuals. They said in future Rous must consult with the whole stakeholder group.

Rous have agreed to provide all correspondence between Rous and the Widjabul Wia-bal representatives since the dam was first mooted in 1995……

Rous County Council, meanwhile, have issued a statement saying they will table their plan to future-proof the region’s water supply at their next ordinary meeting, on 16 December 2020.

Channon Gorge, threatened by proposed Dunoon Dam. Photo David Lowe.

The statement said, ‘The combination of solutions set out by the Future Water Project 2060 include:

• Utilisation of the Marom Creek Water Treatment Plant for the increased use of groundwater from the Alstonville area.

• Further detailed investigations into the viability of the proposed Dunoon Dam.

• Ongoing water conservation and demand management.

• Pioneering investigations into water reuse.

‘Councillors will carefully consider the plan in light of the outcome of a 10-week public exhibition of the Future Water Project 2060. Council acknowledges the community’s concerns and aspirations and greatly appreciates the time invested by those who made a submission.’

Rous have asked people who wish to find out more about the Future Water Project 2060 to please visit www.rous.nsw.gov.au/futurewater.

Dunoon local Jill Hawthorn responded on social media by saying, ‘When the experts say we need back up options for dry times coming – and 30% of our water system should be not rain dependent. This means we need to look seriously at water reuse and solar powered desalination – can you hear your community Rous?