The battle continues to save Wallum Wetlands from further encroachment by developers

 

Clarence Property Corporation Limited - issuer of the PDS for Clarence Property Diversified Investment Trust (formerly Westlawn Property Trust) & Epig Lennox Property Trust - through its subsidiaries Clare Property Corporation Limited and Bayside Brunswick Pty Ltd continues to insist it has a right to swing its wrecking ball through what remains of natural landscapes in coastal areas of the NSW Northern Rivers region.

Currently it has eight largescale development projects in northern New South Wales listed on its website.

The Wallum development at Brunswick Heads is one of these sites and Lot 13 DP 1251383 and environs on Torakina Road, Brunswick Heads NSW, has been a bone of contention for years as the local community continues to resist this 'zombieDA'.

Wallum Land
IMAGE: Mac Maderski at savewallum.com

Vegetation mapping of Lot 13 DP 1251383 and environs

Echo, 29 August 2024:

Both opposing parties regarding the 126-housing Wallum development in Bayside, Brunswick Heads, are claiming a victory after the latest court decision, handed down on August 23 by Justice Bromwich.

In a statement, Save Wallum Inc, say the Federal Court upheld the stop-work injunction.

Spokesperson Svea Pitman said, ‘The main contest before the court at the further hearing of Save Wallum Inc’s interlocutory injunction application was the controversial construction of nine artificial frog ponds, which are proposed as part of the early development works’.

‘Justice Bromwich accepted that the construction of these ponds may pose a risk to the site’s Wallum sedge frog population, and has blocked any construction of the proposed ponds until a final determination of the matter.

‘The orders otherwise permit very limited works, including installation of bunting, regeneration of the seed bank along sandy tracks and weed maintenance – strictly without the use of weedicides’.

The trial is scheduled to begin October 14, Ms Pitman said.

Meanwhile, developer Clarence Property says it is ‘looking forward to progressing with its approved housing estate in the Byron Shire after the Federal Court injunction was amended to permit key works to continue’.

CEO Simon Kennedy repeated his comments around the ‘critical need for new housing in the shire that had been identified by Byron Shire Council’.

He said, ‘We believe the court’s ruling affirms our commitment to responsible development and environmental stewardship and we will continue to respect the legal process as we work towards the final determination of this matter in October’.

‘Our focus now is on ensuring safe access for our contractors and progressing with this essential project.’

Ms Pitman added, ‘This is another major win for our community and for the race to save this unique wallum ecosystem’.

High ecological value

Save Wallum advocates say they celebrated Friday’s outcome, ‘viewing it as a critical step toward protecting one of the last intact wallum heathland ecosystems in the Byron Shire’.

Ms Pitman added, ‘This is another major win for our community and for the race to save this unique wallum ecosystem’.

‘The high ecological value of this area is undeniable, with its floristic diversity, absence of invasive weeds, and the presence of so many threatened species’.

She continued, ‘Australia has the highest rate of mammal extinction globally, and in the Northern Rivers, we are on the frontline of the climate crisis.

‘It’s heartening to see the court’s decision ensuring that no destructive works can proceed at this stage.’

~~~~~~~~~~~~

Save Wallum Incorporated v Clarence Property Corporation Limited [2024] FCA 967 interim injunction ruling can be found at:

https://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2024/967.html

Rising Tide is organising a peaceful people's blockade of Newcastle coal port this coming November 2024 and has issued an invitation to participate

 

According to mainstream media Rising Tide protest organisers have submitted a Form 1 or notice of intention to hold a public assembly from the 19th to the 26th of November, with part of the peaceful protest involving a three-day blockade of the port via an armada of canoes and small vessels.

It is said that NSW Police have yet to make a decision on whether the protest will be allowed to go ahead.

Readers might recall that at last year's November blockade 109 people were arrested after staying on harbour waters after the 4pm time limited on the three day protest permit had expired. However, only 99 were charged and of these no convictions were recorded for at least 70 protestors.

The People's Blockade 

The People’s Blockade 2024 will be groundbreaking - 10,000 people over 10 days, coming together for a family-friendly Protestival and flotilla blockade in one of the most significant climate uprisings on the planet, stopping coal exports from the world’s largest coal port at Muloobinba (Newcastle) on Awabakal and Worimi land and water for an unprecedented 50 hours!

Come for an hour, come for 10 days!

Last year's Blockade was incredible; with a 3,000 people-powered peaceful flotilla, we stopped the coal ships for 32 hours. And when 109 people chose to take further action and get arrested, they made global headlines demanding an end to new fossil fuels and transition funding for workers and communities. With over 1,000 media hits – it was the largest civil disobedience for climate justice in Australia’s history.

Strap yourself in - this year will be three times the scale - and you don’t want to miss it!

The 10 Day Plan

The People’s Blockade in Newcastle (Tues Nov 19 - Tues Nov 26)

> Tuesday 19 - Setup, Welcome

>Wednesday 20 - Prepare, Skill up + Build our Movement

>Thursday 21 - Prepare, Skill up + Build our Movement

> Friday 22 - Protestival: Flotilla + Beach Fun

> Saturday 23 - Protestival: Flotilla + Beach Fun

> Sunday 24 - Protestival ends; Debrief + Build our Movement

> Monday 25- Celebrate + 2025 Planning

> Tuesday 26 - Pack Up, Wrap Up + Canberra Wave departs . . .

For full details on how to register go to:

https://www.risingtide.org.au/blockade-guide

Tweet of the Week

Photo courtesy of South Gippsland Sentinel Times. At Inverloch Victoria . Pot hole was fixed in 24 hours 🤣🤣🤣🤣 pic.twitter.com/3lERUolw9f

— Sue (@landry235) August 1, 2024

 

Cartoon of the Week

Read the complete First Dog On The Moon cartoon at:

https://www.theguardian.com/commentisfree/picture/2024/jul/10/protesting-stuff-is-your-democratic-right-or-is-it

Clarence River Estuary Cleanup, Saturday 6 July 2024 for 9am start. Volunteers needed from recreational angler community & friends. Register now!

 

Clarence River Estuary Cleanup

WHEN: Saturday 6 July 2024

START: 9am

WHERE: Meet OzFish cleanup crew at dirt park near Oyster Channel Bridge, Yamba NSW 2464

 

REGISTRATION ESSENTIAL: Go to

 https://ozfish.org.au/event/keep-it-clean-yamba-nsw-6-july/

Approach to town side of Oyster Channel Bridge

 

Mirage News. 27 June 2024:

OzFish Unlimited – Australia fishing conservation charity, together with NSW DPI Fisheries are calling on recreational anglers to help clean up the banks of the mighty Clarence River in Yamba on Saturday July 6.

Through the state-wide KEEP IT CLEAN initiative, both organisations want to see as many anglers involved.

"No one wants to catch a plastic bag when they're out on the water and we know the impacts litter can have on local wildlife and marine life. Clean-ups like this make for better fishing experience for all involved," said Caitlin Berecry, OzFish spokesperson.

"Rec fishers see the impacts of litter. And it's not always rec fishing litter that we're cleaning up but by getting involved fishos are inspiring other to think local and create change.

"We simply need Yamba anglers to come down and give us a few hours to better the local environment," said Caitlin.

This clean up and it's follow up event scheduled for early September are part of a wider project OzFish is running in collaboration with the Yaegl Traditional Owners Aboriginal Corporation RNTBC (Yaegl TOAC).

The project aims to restore saltmarsh and mangroves in the Clarence River Estuary, which are culturally and ecologically important native title sites on Yaegl Country.

These habitats are absolutely vital for a healthy fishery, with Clarence saltmarshes being valued at $25,741 per hectare – showing just how productive they really are.

Volunteers can meet the clean-up crew at the dirt park by the Oyster Channel Bridge at 9am. Look out for the OzFish signage. All the necessary equipment for the clean-up will be provided but volunteers are encouraged to bring water and wear sun-safe clothing.

All the collected rubbish is sorted and recorded at the end of the clean-up with items sent to recycling where possible. Eligible items may eventually find their way back into the hands of rec anglers through OzFish's Tackle Loop program.

Prizes and giveaways will be up for grabs.

Registration is essential for the event. To register head to https://ozfish.org.au/event/keep-it-clean-yamba-nsw-6-july/

 

Keep it Clean is a partnership with OzFish and the NSW Department of Primary Industries. It is made possible through funding by the Recreational Fishing Trusts and Marine Estate Management Strategy. [my yellow highlighting]

 

 

OzFish is partnering with NSW DPI to redefine what it means to be a responsible angler. Join us on a Fish For Life journey to preserve the beauty of our waterways and ensure generations to come can experience the thrill of the catch.

Our goal is crystal clear: empower anglers to champion sustainable fishing practices. It’s not just about catching memories; it’s about leaving a legacy of cleaner waters and unspoiled habitats.

Each time you go fishing is an opportunity to make a difference and the Fish For Life – Keep It Clean campaign encourages exactly that. Be part of making a difference use the hashtag #FishForLifeKeepItClean, share the videos, and show Australia just how much our waterways mean to recreational fishers by getting involved.

Opposition Leader & Liberal MP for Dickson, Peter 'The Dickson Spuddler' Dutton, receives a burning response to his declaration on Saturday that a Coalition government would not pursue Australia’s legally binding climate target to cut emissions by 43 per cent from 2005 levels by 2030

Bushfire survivors call out Peter Dutton’s abandonment of communities on the frontline of climate change

________________________________

Bushfire Survivors for Climate Action

________________________________

June 8, 2024

BUSHFIRE SURVIVORS FOR CLIMATE ACTION (BSCA) has spoken out in response to Opposition Leader Peter Dutton’s statements in The Australian today that the Federal Liberal Party would dump Australia’s interim emissions reduction targets. The organisation, founded and led by bushfire survivors, has labelled the move reckless and devastating.

“Here we are watching communities face climate-fueled disasters roll around again and again, with insurance costs rising and homes in some regions becoming uninsurable, yet the Opposition Leader is prepared to delay climate action until the 2040s. To say our members are distraught is an understatement,” said Serena Joyner, Chief Executive Officer of Bushfire Survivors for Climate Action.

“What’s particularly hard to understand is how the Coalition can justify the ever growing expense of worsening climate disasters. The bushfires of 2019-2020 and the 2022 Northern Rivers floods each cost insurers more than $4 billion, and the cost to farmers of the Black Summer fires was $5 billion. Nearly 60% of all local government areas were disaster-declared in 2022 and councils everywhere have been unable to keep up with repairs to local infrastructure.

“And insurance costs are just beginning when accounting for the personal financial and emotional costs to people and communities across the country from more frequent and destructive fires and floods. There’s only so much we can take. Does Peter Dutton expect our regions to just give up and move to the city?

“Scientists tell us if we delay urgent climate action we guarantee that global temperatures will keep rising. That would condemn Australia to face summers like Black Summer on a regular basis, if not worse. It is beyond belief that the Opposition Leader thinks that is an acceptable future for this country.”

About Bushfire Survivors for Climate Action:

BushfireSurvivors for Climate Action (BSCA) is a non-partisan, community organisation made up of bushfire survivors, firefighters and their families working together to call on our leaders to take action on climate change. BSCA formed shortly after the Tathra and District fire in March 2018, and its founding members were all impacted by bushfires, including the Black Summer bushfires in 2019-20, Blue Mountains in 2013, Black Saturday in 2009 and Canberra in 2003.

BSCA has been at the cutting edge of legal reform to reduce climate emissions and hold governments, agencies and companies to account. In 2023 the NSW Environment Protection Agency was the first such agency in the country to introduce a climate policy, which it was required to do as a result of landmark court action taken by BSCA.

https://bushfiresurvivors.org

Yamba CAN announces NSW Upper House Portfolio Committee No.7 visiting West Yamba floodplain urban development site 8:30am Friday 31 May 2024

 

Now is the time to help make a difference!

Portfolio Committee 7 are coming to Yamba

24 May 2024

Members of NSW Parliament’s Portfolio Committee 7 (Planning and Environment) are visiting Yamba to undertake site visits in relation to the Parliamentary Inquiry into the “Planning system and the impacts of climate change on the environment and communities.”

When is the Committee coming to Yamba: Friday 31 May 2024

Time: 8.30am

The Committee will be travelling down Carrs Drive. There are strict protocols in relation to observers remaining at a distance from the Committee visiting sites.

Yamba CAN Inc would like as many people as possible to stand on either side of Carrs Drive, near the access to Harold Tory Drive and O’Grady’s Lane.

We will have our banners and signs that observers can hold up when the Committee will be driving past in a bus.

Please ensure personal safety in relation to traffic movement.

Please be on site at about 8.20am ready to hold a sign.

The Portfolio Committee 7 Inquiry details and submissions can be seen at:

https://www.parliament.nsw.gov.au/committees/inquiries/Pages/inquiry-details.aspx?pk=2987

Please see attached the NR Times and CV Independent articles this week.

Please spread the word to others to attend and please outline that there are strict protocols.

Secretary

Yamba Community Action Network Inc (Yamba CAN Inc)

Follow us on Facebook

*********

Note:

Portfolio Committee No. 7 – Planning and Environment was established on 10 May 2023 in the 58th Parliament to inquire into and report on any matters relevant to the public administration of:

Climate Change, Energy, the Environment, Heritage, Planning and Public Spaces 

[https://www.parliament.nsw.gov.au/committees/listofcommittees/Pages/committees.aspx]

Click on articles below to enlarge

Clarence Valley Independent 22 May 2024
 

Northern Rivers Times 23 May 2024

YambaCAN-Valley Watch Flood Resilience Meeting to be held on Sunday, 21 April 2024 at Yamba Golf & Country Club - 2:45pm for 3pm start. BE THERE!

 

CLARENCE VALLEY CONSERVATION COALITION'S VOICES FOR THE EARTH "EARTH MATTERS" SESSIONS START AGAIN ON 18 MARCH 2024

 

Clarence Valley Independent, 6 March 2024:

VOICES FOR THE EARTH

EARTH MATTERS SESSIONS START IN MARCH

The Clarence Valley Conservation Coalition (CVCC) is restarting its Earth Matters environmental information sessions on March 18 after a break in 2020 following the advent of covid.

These public events, introduced in 2004, were held every two months between March and November and were conducted by a range of people from the community, or from government or local environment groups. Sometimes the goal was acquiring information about an issue while at other times it involved exploration of an idea, the seeking of a solution or celebrating the wonders of the natural world.

The range of subjects over the years has included sustainable farming, climate change, the impact of light at night, flying fox ecology, cane toads in the Clarence Valley, Grafton’s tree heritage, riparian vegetation on the floodplain, native bees, waste management and recycling, inspiration for your town garden, conservation in north-west Tasmania, national parks in India and Bhutan, and restoring rainforest.

Recently the CVCC decided to restart these public information sessions. The new venue is the Joan Muir Community Centre in Turf Street, Grafton. Sessions will be held between 6 and 8 pm on the third Monday of the month in March, May, July, September and November. The events will generally consist of a presentation by one or more speakers for an hour, followed by a short question and discussion session and light refreshments. Those attending will be asked to contribute a gold coin to assist with expenses.

The first two presentations have been arranged and the CVCC is looking forward to providing the community with information on a range of important environmental matters from March onwards.

Proposed Mineral Mining in the Clarence Catchment is the subject of the first Earth Matters session on March 18. Shae Fleming, Clarence Catchment Alliance Coordinator (CCA), will discuss the current situation on mining in the Clarence Catchment, CCA's role, the community campaign's aim and progress to date, the threat of mineral mining to our local water, species, environment, social, cultural and economic wellbeing and how you can help.

• Leonie Blain

The saying ‘start as you mean to go on’ has acquired a darker meaning under the new Clarence Valley Council Mayor

Clarence Valley Council Ordinary Monthly Meeting 
26 September 2023
Mayor Peter Johnstone in the Chair

 

The first order of business at the Clarence Valley Council Ordinary Monthly Meeting of 26 September 2023 was the mid-term election of a mayor.

So that quite sensibly, if there was a change as to which councillor held the office, the new mayor would chair the remainder of the monthly meeting.

Thus twenty-one minutes into the meeting by a margin of one vote Cr. Peter Johnstone became the new mayor. This was followed by election of the Deputy Mayor, Cr. Jeff Smith.

After these votes the meeting immediately became interesting.

It seems unbeknownst to the general public that morning as Cr. Johnstone, Mayor Johnstone had sent a notice to the other eight councillors that he intended to make a notice of motion rejecting the tender for Regional Aquatic Facility (Grafton Pool Redevelopment).

So when he as Chair requested that Item ITEM 07.23.184 RFT22/41 be brought forward to be considered as the first item of business, he appeared to do so on the pretext that there were a number of residents & ratepayers in the visitors seats who were there to hear council’s decision concerning this tender. A tender which council officers had formerly recommended be accepted as set out in the 26 September Business Paper.

Cr. Day called the item and Mayor Johnstone requested Day to put forward “his motion” which called for rejection of the tender for the Grafton Pool Redevelopment.

The Day motion was as follows:

That Council as Crown Land Manager of Grafton Westward and General Douglas MacArthur Park Reserve

(R540035):

1. Decline to accept the tender offers for RFT22/41 Regional Aquatic Facility (Grafton Olympic Pool) as

the tenders received were higher than anticipated.

2. Revise the Aquatic Centre project to begin with:

a. replacement of the 50m pool (stage 2),

b. demolition of the existing dive pool and 50m pool and importing fill as required to make the

ground flat,

c. the completion of the other works for which grant funding has already been received,

d. and any other matters that will need to be completed to ensure the operation of the new 50m

pool.

3. Defer commencement of the remainder of the project until after the election of the next council.

4. Prepare a report for the October Ordinary Council Meeting setting out the expected timescale and

recommendations for the completion of the project as set out in item 2.

5. Receive a report at each subsequent Ordinary Council Meeting on the progress of the project until

completion.

In the middle of reading of the motion there was some interjection from the gallery at the point where further consideration of full redevelopment of the site was to be deferred until after the next local government election in September 2024, with no direction to seek another tender for work in the interim set out in Point 2. 

Understandable, given the gallery was peopled by around 40 residents/ratepayers who mostly either firmly supported the Regional Aquatic Facility, had made deputations and/or organised a community petition seeking a positive council decision concerning redevelopment of the community pool site. 

Johnstone barked out “Order” in a best parade ground voice, followed by a somewhat inaudible sentence. Some minutes later he made a second request that the audience “keep silent please”.

After reading of the motion was completed Cr. Novak appeared to notice that the wording of Cr. Day’s motion closely resembled the notice of motion sent out that morning by Johnson and sought confirmation of this fact. Johnson confirmed it was indeed “the same motion” he had sent out.

Cr. Toms then fairly efficiently dissected what was essentially the Mayor’s motion and Johnstone refused to answer a question put to him by this councillor.

Cr. Pickering also called the Mayor out as to the late timing of the motion, but it was Cr. Whaites who called a spade a spade when she asked Johnstone did he wait to introduce the motion at this time because he anticipated using the mayoral casting vote “to not do what our community wants – yes or no”.

Johnstone refused to answer, ending the exchange with Whaites on the words “when the mayor’s speaking you will not speak”. Audible laughter could be heard from the gallery at that point.

Cr. Toms continued to question Johnstone’s understanding of the role of mayor once Council in the Chamber had already made a lawful decision to proceed with the full redevelopment of the Grafton Pool site.

As the formal debate of the motion played out Johnstone reminded the gallery that he could order its members be removed. Given the mild nature and short duration of gallery interjections during this monthly meeting Johnstone’s attitude was somewhat puzzling.

Before it came time to vote on what by then every councillor was accepting as being Johnstone’s motion not Day’s, the motion was called “a farce, a joke, and it’s making a mockery of the entire process” by one councillor and “it’s slow-minded and it’s short-sighted” by another councillor.

At times the ongoing debate became rather tense but remained essentially civil, nevertheless Johnstone accused Cr. Novak of something like an “act of disorder”. Again quiet laughter could be heard from the gallery.

A meeting recess was called which went on for about 5 minutes. After which the Mayor effectively gagged further debate, with the exception of himself. He spoke to his own slyly delivered motion.

In the end Mayor Johnstone’s motion was voted down five votes to three – only Johnstone, Day And Clancy supporting that motion to reject the tender.

Cr. Pickering having earlier foreshadowed the original council officers motion this was then put as follows:

COUNCIL RESOLUTION - 07.23.184

Pickering/Novak

OFFICER RECOMMENDATION

That Council, as Crown Land Manager of Grafton Westward and General Douglas MacArthur Park

Reserve (R540035):

1. accept the tender from Hines Construction Pty Ltd for RFT22/41 Regional Aquatic Facility (Grafton Pool Redevelopment) at a cost of $29,141,586 (GST Inclusive) to be funded in accordance with the funding strategy – Attachment B.

2. accept the schedule of rates submitted from Hines Construction Pty Ltd for the earthworks, total

cost to be calculated based on actual quantities as determined by a geotechnical engineer during the project works.

3. delegate authority to the General Manager to approve appropriately deemed variations to the Contract and those variations be reported to Council within the Quarterly Budget Review Statement (QBRS) once the Contract is finalised.

Voting recorded that motion carried as follows:

For - Johnstone, Novak, Pickering, Smith, Tiley, Toms, Whaites

Against - Clancy, Day.

One can be forgiven for suspecting that Clarence Valley Council may have chosen the wrong person to lead it for the next 12 months.

Environmental Activism State of Play 2023

Knitting Nannas look like this and they knit.

Northern Rivers Knitting Nannas
The Echo, 1 July 2022
IMAGE: Tree Faerie

They also year in and year out peacefully protest on behalf of their concerned and often very worried communities AND they infrequently get arrested and go to court. 

On 4 July 2023 Cristine Degan, 74, was arrested after she and Susan Doyle, 76, of Valla, locked on to a harvester in Boambee State Forest, on NSW Mid-North Coast. They were both arrested and fined.

In New South Wales the fines for peaceful protest under the the Crimes Act 1900, the Summary Offences Act 1984, the Mining Act 1992, the Forestry Act 2012 & Roads and Crimes Legislation Amendment Act 2022 are becoming extremely large.

In that state people can now be fined up to $22,000 and/or gaoled for a maximum of two years for protesting illegally on public roads, rail lines, tunnels, bridges and industrial estates.

In other states the laws have grown harsher as well. 

Since 2022 in Tasmania “community member protesting the destruction of old growth forests on a forestry site could face a penalty of over $13,000 or 2 years in prison; and An organisation supporting members of the community to protest could be fined over $45,000”. “While in Victoria Anti-logging protestors who “hinder, obstruct or interfere with timber-harvesting operations” can face up to 12 months in prison and/or a $21,000 fine. PVC and metal pipes which are often used in protest activities are now prohibited in working sites, with additional powers provided to police to search suspect individuals who are “reasonably suspicious”. [UNSW Human Rights Institute, 2022]

Now we have the next generation of protests and protestors and one of the suspected offences confronting 37 year-old Joana Partyka - conspiracy to commit indictable offence - has an attached penalty of imprisonment from 14 years to life in West Australia…..

TheSaturday Paper, 16 September 2023:

When the knock came, I was brushing my teeth. For a moment I considered ignoring it: I wasn’t expecting anyone. Eventually I opened the door and standing there were the police. There were six of them, all armed, members of the Western Australia Police Force’s counterterrorism unit, the State Security Investigation Group. In that moment, I felt dazed, almost sun-drunk. My apartment seemed immediately smaller. As I tried to process what was happening, I knew one thing: they were there for me.

A month before the raid in February, I had spray-painted the Woodside Energy logo onto the plexiglass covering Frederick McCubbin’s Down on his luck at the Art Gallery of Western Australia, thrusting into the headlines Woodside’s grotesque mega-project on the Burrup Peninsula. In the intervening period I’d been charged with criminal damage and pleaded guilty. I’d been convicted and issued with a fine and costs, which I paid.

It was after that case had been resolved that these officers arrived at my small apartment. They handed me a search warrant that outlined two suspected offences: criminal damage and conspiracy to commit an indictable offence.

As the first Disrupt Burrup Hub campaigner to receive that unexpected knock at the door, I was unprepared, uneasy and above all unclear why the police were there. I had no greater clarity when they left with my phone and laptop an hour later.

Now, six months later, I have not been charged in relation to the suspected offences outlined on the warrant. Instead, I have been charged with two counts of failing to obey a data access order – for refusing to provide police with the passwords to my devices.

Later this week, I will defend myself in the first criminal trial to come out of the Disrupt Burrup Hub campaign. It is believed to be the first time a peaceful climate activist has faced trial on this charge in Western Australia – a symbol of just how extraordinary a time it is to be a climate activist in this state…..

Read the full article at:

https://www.thesaturdaypaper.com.au/share/16814/2NDiBXBK