Category: Local Government
WED Festival program
Home Expo 2018
Kingscliff TAFE, Saturday 15 September, 9am – 3pm
Be part of this year’s Sustainable Living Home Expo as we provide an all-day program of activities for the whole family to help create more affordable and environmentally-friendly homes and lifestyles in the Tweed.
Be inspired and informed:
- See the creative, inventive display of children’s Sustainable Shoebox House design entries and find out who will win this year’s prizes
- Join in workshops such as keeping backyard chickens, bee keeping, easy food gardens in small spaces, and practical, inexpensive ideas for sustainable living
- Go in the draw to win fantastic prizes
Visit local trade stalls, community groups and talk to Council for all you need to know about smart, sustainable living in the Tweed. Enjoy delicious food and local coffee, and make the most of music and free kids activities available all day.
Home Expo is a waste wise event: BYO cup and bag
Kids Sustainable Shoebox Design competition
Open to all Tweed Shire primary and pre-school aged children.
Construct an eco-friendly ‘sustainable house’ from items found around the home and go in the draw to win great prizes.
Tell me more about the Kids Sustainable Shoebox Design competition.
Address to Tweed Shire Councillors 19 April 2018 from Barry Firth, on behalf of Stop Adani Tweed
We are part of an Australia-wide network of groups like us. The issues that are to do with the proposed massive expansion of coal mining and export in Queensland are of national and global importance. They affect us all.
The latest news from climate science is that the great ocean current known as the Gulf Stream is slowing down. It has already slowed by 15%. This foreshadows changes in the global climate beyond what we have seen so far.
The scientists have been saying for a long time now that we need to “keep it in the ground”. Unfortunately, we collectively have become a bit too good at not listening to them.
Australia did sign the Paris Climate Agreement, though you would hardly know. Of the 52 countries that signed, our level of commitment to reduction of greenhouse gas emissions was ranked second-last. Even this modest level of commitment is not going to be met, for want of truly purposeful leadership.
On the other hand, we, the people on the ground and representatives of local government, know that stronger action is required. Shire Councils know that if they issue a building permit in an inundation zone they will be sued at a later date. The people here are apprehensive about the prospect of more severe flooding and dry spells. It’s up to us to do the work, and to communicate our concerns upwards.
There is no up-side to the Adani coal mining and export proposal. The Galilee Basin has always been too remote to permit economical shipment. Finance for the project cannot be obtained from any reputable source. The market in India does not exist, and the Bangladeshis only found out “yesterday” that they might be a market; other markets in China, Japan and Korea are already contractually bound to coal shipments from Newcastle. The employment opportunities have been consistently over-stated. The concessions already granted to Adani for water rights and deferral of royalty payments are obscene. The Adani group has an appalling social and environmental record in its own country, and we should ask the question whether it’s appropriate for our governments to even talk with them. And so forth!
You might think that operations at the Adani site are pretty quiet right now. But our people up there are saying that drilling is happening, to establish the drainage systems for de-watering the mine site.
We would stop them if we could!
We have written to Minister Matt Canavan saying that the Northern Australia Development plan would be better without Adani, and declaring our opposition to new coal mines.
We have written to the Hon. Bill Shorten to ask him to closely scrutinise the Adani contracts, while praising the work being done within the ALP towards developing a transition plan and asserting our preference for a policy of no new coal mines. We have met with our local MP, Justine Elliot, who says that she is on our side. She also told us that she would be prepared to make a new public statement in favour of our cause at an appropriate event. (We are working on that!)
Please vote “Yes” this evening, to establish our “Adani-free zone”. It’s going to help!
Stop Adani Tweed is a project of Caldera Environment Centre, 4 Queen Street, Murwillumbah 2484 https://calderaenvironmentcentre.org/
**** And here is the Echonetdaily article 19 April 2018 https://www.echo.net.au/2018/04/tweed-council-adani-free/
Final Draft Rural Land Strategy presentation
Draft Crown Land Management Regulation 2017
Comment can be made until midnight on Sunday 15 October 2017.
Documents that explain the Draft Regulation and inform submissions are:
Draft Crown Land Management Regulation 2017 – See Highlights
Key points for submissions – Crown Lands Alliance
Tweed Shire Council submission
Submissions can be made:
Online
or Email to legislation@crownland.nsw.gov.au
or Post to
Draft Crown Land Management Regulation comments
Department of Industry Lands and Forestry
PO Box 2185
Dangar NSW 2309
CEC response to Northern Councils E Zone Recommendations
Minister for Planning
office@stokes.minister.nsw.gov.au
14th December 2015
Northern Councils E Zones Recommendations
Dear Mr Stokes
Members of Caldera Environment Centre would like to submit their concerns in relation to the recommendations of the E Zone review of northern councils as they relate to Tweed Shire.
A recent public workshop on the recommendations was held by our group and the EDO at Murwillumbah. Those attending, approximately 40, overwhelming supported the implementation of E Zones in areas of native vegetation. This is a similar response to that at community consultation sessions during the period of the review. There have been very few issues against the implementation of E Zones in Tweed Shire.
The main considerations being the confirmation of the primary use being for environmental conservation or management and also fulfilling the criteria for E2 or E3 is impractical and onerous. These considerations are unrealistic in that this is a reversal of accepted practice to map and assess vegetation of conservation value, it will be time consuming and costly for Council and/or landholder to determine primary use as environmental conservation or management and likely to lead to disputes. Instead of a scientific approach to verify environmental values this is an ad hoc “use over past 2 years” approach. Similarly to verify the attributes to fulfil the E2 or E3 criteria to be undertaken by the listed methods such as site assessment, aerial photo interpretation and up to date flora and fauna studies will require significant allocation of expertise and funds by Council. It is likely that some areas of high conservation value vegetation currently zoned as environmental protection may not fulfil the recommended criteria.
Even when the land fulfils both criteria then it is not mandatory for the Council to apply the E2 or E3 zone. This certainly does not make sense.
Permitting extensive agriculture in E2 Zones, with consent, and E3 Zones without consent, will be detrimental to the conservation significance of the land within the zone. The example of activities provided in the document being, understorey grazing, can reduce the native seed bank and deplete groundcover and midstorey native plant species. This will result in a loss of biodiversity as there will be a lack of regenerating native plants and introduction of exotic species and loss of structure and function of the plant community.
The recommended removal of Scenic Protection and Aesthetic Values from E Zones will result in the loss of currently protected Scenic Escarpment which is a valuable asset to the tourism industry and also ensures stabilization of the steeper slopes by retaining the vegetation.
The mandatory objectives of E Zones in the Standard Instrument LEP are not met if permitting extensive agriculture is recommended. The objectives of E2 and E3 zones focus on protecting, managing and restoring areas with ecological, scientific, cultural and aesthetic values.
The recommendations are premature as there are current reviews of Biodiversity legislation and Coastal Management Reforms.
This recommended approach to E Zones has the potential to significantly undermine existing biodiversity values and has the potential to decrease future improvement in protection and enhancement of biodiversity values of the north coast.
The Caldera Environment Centre is extremely concerned by the recommendations as Tweed Shire and the other north coast council areas are of high biodiversity significance and there should be insurance that this is not depleted or lost.
Yours sincerely
Caldera Environment Centre
After the EDO workshop about reforms to environmental zones
For a copy of the presentation visit http://www.edonsw.org.au/past_workshop_materials
Links to further information:
EDO NSW:
http://www.edonsw.org.au/new_approach_to_north_coast_environmental_zones
Northern Councils E Zone Review Final Recommendations Report:
Tweed elects its first Greens mayor
Tweed shire has its first Greens mayor after Cr Katie Milne’s name was drawn out of a box in a surprise election ballot last night.
Cr Milne’s luck was sealed when a tied 3-3 vote with factional opponent Cr Warren Polglase had to be split by council’s returning officer Neil Baldwin drawing a piece of paper with her name on it from a plastic tub.
The packed public gallery at the council meeting erupted in cheers at the result.
It’s not the first time the lucky-dip method has been used to determine the yearly mayoral vote, with Cr Polglase now having lost the top job that way four times over the many years he’s served as councillor and National Party warrior.
In a further twist soon after, ex-mayor Cr Gary Bagnall was elected deputy mayor after his name was picked out of the bucket, having drawn 3-3 as well, this time with Cr Polglase’s ally, Cr Phil Youngblutt.
The gallery again erupted in cheers: many of them had earlier staged a rally at the council chambers calling on Cr Bagnall to be returned as mayor and seemed stunned when the popular Murwillumbah cafe owner did not nominate for the position.
Cr Milne, who was backed by Cr Bagnall and Cr Barry Longland, will now lead the shire till next September.
In a prepared speech when she first took her position in the mayoral chair, Cr Milne thanked fellow councillors for their endorsement of her in the ‘very important role’, saying she would try to follow the example of previous mayor Cr Bagnall who had done an ‘extremely’ good job as mayor.
Ironically, the now mayor and deputy made headlines some years ago when they were charged with code of conduct breaches after they jumped through a council fence while investigating a major pollution event.
But the charges, brought by then general manager David Keenan who was later sacked by councillors, were quietly dropped.
As a result of the two councillors’ quest, remedial action was taken by council to prevent pollution by a former council quarry of a nearby creek.
Cr Milne, first elected to Tweed Shire Council in 2008 on the back of her staunch and successful fight against a mega marina proposed for the Tweed River, said she was extremely honoured to be the mayor, which was an ‘exciting role’ to undertake.
Her passionate stand for environmental causes on the Tweed made her a popular figure for politics and the Greens offered to back her into local government seven years ago.
As mayor she said she would ‘always be open to any questions or any calls, my door is open to everybody’.
Cr Milne told media outside the chamber that she hoped there was a ‘healing of wounds across the whole shire’, in reference to suggestions there had been a split in the progressive faction, which had the majority in council for the best part of the past three years.
She said she intended to be ‘a very conciliatory mayor and I have always tried to work with all groups’.
‘Politics can be very divisive but the one thing that unites this community, and I believe, makes us a community, is our common love for this land’.
Meanwhile, north coast Greens spokesperson Dawn Walker said the Richmond federal electorate ‘now has two Green mayors, which is indicative of the growing strength of the party’.
Ms Walker said Cr Milne’s election ’positions the Greens as the main alternative to the National Party on the north coast’.
She said Cr Milne ‘has proved that as Tweed’s first Green mayor, she will work tirelessly to better our shire in everyone’s interests, not just the big end of town that want to exploit Tweed at any cost’.
Mayoral acceptance speech
Firstly I would like to thank my fellow Councillors for endorsing me for this very important role.
It will be a hard act to follow the extraordinary job that Cl Gary Bagnall has done as mayor. His contribution has been invaluable and he went far beyond the call of duty to serve this community.
I would have loved him to continue in the role but it was not just up to me.
As the first Green mayor of the Tweed Shire I am extremely honoured and humbled.
I started advocating for the community of this shire about 15 years ago and haven’t stopped since.
In my first foray into politics I spent the Christmas of 2001 on the side of the road in Fingal taking surveys to stop over development of that beautiful seaside peninsula.
Before I caught my breath we had to move round the corner to Chinderah to protect the Tweed River in a legal challenge against the mega marina.
It was heartening to realise from our efforts that justice could prevail, that the community had our backs, and that we could make a change if we threw our heart and soul into it.
Over that time I developed a deep love for this incredible environment and a deep appreciation for this amazing community.
When the Greens offered me a position as their candidate for Tweed Council in 2008 I took the plunge.
What motivated me ultimately to make the commitment to local government was the terrifying prospect of Climate Change. I felt that we all needed to step up to this monumental challenge, and if I didn’t why should others?
Council is in a great position to be a leader in combating climate change at the local level, and in combating the dangerous complacency the deniers advocate.
Politics can be very divisive but the one thing that unites this community, and I believe, makes us a community, is our common love for this land.
We are blessed to live here, but with that we have a responsibility to care for this very fragile landscape.
Our shire has the worst record of loss of species in Australia already, and with hundreds more on the brink of extinction we can’t afford to be reckless.
I am very aware that we also have major social and economic challenges. I am pleased that I was able to initiate council’s new Economic Development Strategy that has set a clear pathway to guide council into the future.
I am also pleased to have put on council’s list of reforms new plans for Murwillumbah and Fingal Head, and a strategy for our National Iconic Landscape to protect our scenic views.
I will continue to advocate for the community, and for a new style of development that enhances our well being and helps to keep our planet and our community as safe and prosperous as possible.
PM who pushed for Tyalgum dam ‘a sell out’
New prime minister Malcolm Turmbull has come under attack in parliament for his role in pushing for a controversial dam at Tyalgum eight years ago.
But the election of a labor government in 2007 stopped the dam plans, according to Richmond MP Justine Elliott, who yesterday accused Mr Turnbull of ‘selling out’ over the issues of climate change, renewable energy and marriage equality.
Mrs Elliot claimed that Mr Turnbull had ‘done dirty deals’ in agreeing not to change party policy ‘in return for support to become prime minister’.
‘But it is the same old Liberal-National Party, the same old policies, the same environmental vandals. What we have now is a new prime minister who has sold out: the fact is he cannot be trusted, and Australians know that,’ she told MPs.
Mrs Elliot said Mr Turnbull in 2007 as environment minister wanted to build a dam at Tyalgum, with the Nationals also backing the plan.
‘They ignored and betrayed our community who were strongly opposed to the dam. It was only the election of a federal Labor government that stopped these plans for a large dam at Tyalgum,’ she said.
‘As I have mentioned many times before in this House, we have Liberal and National parties who, at every level, whether it is federal or state, are absolute and complete environmental vandals.
‘Nothing has changed about that. I would like to remind the House that, when the now Prime Minster was the Minister for the Environment and Water Resources in 2007, he had a plan to build a massive dam at Tyalgum, a lovely small village in my electorate of Richmond, on the NSW North Coast. This would have destroyed the village and surrounds, and it would have been an environmental disaster.
‘I remind the House that in 2007 I put questions to the minister calling on him to rule out the proposal for this huge dam and he responded by saying, ‘All options should be on the table in order to find the most cost-effective means to supply this water.’
‘He ignored the concerns of our community, and the community were outraged at the environment minister and they have never forgotten this betrayal.
‘It was only the election of a Labor government that stopped these cruel, harsh plans, but locals remember what happened, they blame the now Prime Minister for that and they also blame the National Party for wanting to build that huge dam.
‘If our new Prime Minister is willing to sacrifice on climate policy, what else has he sacrificed; what other price has he paid; who else has he sold out?
‘Clearly he has also sold out on marriage equality. He has refused to have a free vote in this House. That is another disgraceful act by this Prime Minister, a disgraceful act of betrayal by not allowing a free vote in this House on marriage equality.’
Link to Mrs Elliot’ Speech:
http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22chamber%2Fhansardr%2F842ee7d9-89d4-4e4f-bc93-045b018bbeb2%2F0157%22
Video Link to Justine’s Speech:
Articles & Columns | September 18, 2015 | by The Echo
Eight things Turnbull should do on climate, renewables
Giles Parkinson, reneweconomy.com.au
Malcolm Turnbull’s dramatic replacement of Tony Abbott as prime minister of Australia has raised hopes of a change in direction for the Coalition government, particularly on climate change and renewable energy, and thereby the shape of its economic future.
Turnbull promised an end to ‘policy by slogans’, and a new move to bring the Australian population along with the idea of an exciting future, first of all by explaining what that future might be, and respecting their intelligence.
But is this all just style and no substance? The next few weeks will tell.
Some are hopeful.
Paul Gilding, author and corporate advisor, describes a collective sigh of relief for those arguing for progressive climate and renewable energy policies.
‘For climate advocates PM Turnbull is a ‘Nixon to China’ moment,’ Gilding said today. ‘We will never get on track as a country on this issue without genuine bipartisan support – and because of the way Rudd and Abbott made this a Left/Right issue, only the Liberal Party shifting can deliver the change we need.
‘That’s why Turnbull’s arrival as PM is a game changer for Australia’s approach, but the impact will be medium to long term rather than sudden policy shifts. While Abbott had to say he supported action on climate policy, everyone knew he was faking it because the politics demanded he do so.
‘Turnbull actually supports climate action and has long understood the economic implications of the transition required. And rather than being fearful of those implications he embraces them – seeing the inherent opportunity in a transition away from coal and towards a technology driven transformation of the energy system.
‘The influence of this over time, on the business community and on public attitudes will be long lasting and leave a legacy for a generation.’
Others are not so sure. John Hewson, the former Liberal leader and now champion of fossil fuel divestment campaigns, said Turnbull may well have sold out. ‘I think it’s all for Malcolm to do right now,’ Hewson said on ABC TV’s Q&A program. ‘The rumour is he’s sold out on climate change, which I personally think is the largest policy challenge – moral challenge, economic, political and social challenge – of this century.’
So what will Turnbull do? Over the next few days, weeks, months, we will find out. But here are eight things he could do right now:
Stop the slogans
This should be the easy part. No more ‘axe the tax’, no more ‘climate change is crap’, no more ‘wind farms are offensive’, no more ‘coal is good for humanity.’ Oh, and don’t replace the slogans with 120-word ones.
Get excited about new technology:
This shouldn’t be too hard, either. Just before the first leadership crisis in February, Turnbull was in California having a test drive of a Tesla Model S, the up-market electric super-car. He raved about the experience: ‘Tesla has gone from employing 500 people to 11,000 in five years. A reminder of how innovation drives jobs,’ he noted on his blog.
‘Batteries have the potential to revolutionise the energy market, reducing peaking power requirements, optimising grid utilisation of renewables and in some cases enabling consumers to go off the grid altogether. The excitement of technology in the Bay Area is exhilarating…..but not quite as palpable as the jolt you feel when you hit the accelerator!’
Perhaps he should require all party members to test drive a Tesla. He could just as equally share that enthusiasm, and dump the party’s poisonous rhetoric, about other technologies such as battery storage and renewables. And he should not funnel government funds to daft projects like the rail link for the Galilee Basin coal mines. Even Barnaby Joyce understands that.
Get moving on climate change:
There was a telling moment in Turnbull’s first press conference when the newly designated PM was about to answer a question on emissions reduction targets. Deputy Julie Bishop quickly noted that Australia’s targets were set and would not change. It was a reminder to Turnbull that whatever his own views on climate change, he had to take the party with him.
It is clear that Turnbull has cut a deal with the Far Right rump of the party not to reintroduce an ETS – the very policy mechanism that caused his downfall in 2009. But Turnbull’s own views are very clear. As he said in 2010:
‘Climate change is real, it is affecting us now, and yet, right now we have every resources available to us to deal with climate change, except for one, and that is leadership.
‘We cannot cost-effectively achieve a substantial cut in emissions without putting a price on carbon.’
Turnbull has the opportunity to provide that leadership. It will take time to introduce a carbon price, but it will most likely come through a baseline and credit scheme, a sort of emissions reduction fund and safeguards mechanism with bite, and amendments to the current proposal. Reputex goes into more details here.
Sweep out the dead wood:
Turnbull may be constrained by promises made to the Right Wing, but he can change the rhetoric and the mood, and the vision, by sweeping away the inner cabal that fashioned Abbott’s policy making.
This includes the likes of climate deniers such as Maurice Newman, Dick Warburton, David Murray and Tony Shepherd, and shake the Cabinet from the grim grasp of the Institute of Public Affairs and its policy wish-list. The right wing commentariat – including Alan Jones, Ray Hadley, Tim Blair and Andrew Bolt voiced their anger. They will be sniping at every turn.
That generational change is also needed elsewhere, particularly in the energy industry where many of the incumbent utilities, and policy and pricing regulators – from the industry minister Ian Macfarlane down – are from the ‘old school’ of energy management, and don’t seem to get the concept of decentralised generation, and the exciting technologies that Turnbull has alluded to, including EVs (such as his affection for Tesla), solar, and battery storage, and the smart software that will pull these technologies together.
Remove the threat to dismantle CEFC, ARENA and the CCA:
If only Bernie Fraser had hung around for another week. The chairman of the CCA resigned last week, apparently frustrated by his inability to get his voice heard, even by environment minister Greg Hunt. Yet the CCA should play a critical role in advising on climate change policies.
Ditto the Clean Energy Finance Corporation and the Australian Renewable Energy Agency. Both have committed to playing a large role in the imminent roll-out of utility-scale solar, yet have been hamstrung in their broader goals by funding cuts in the case of ARENA, and restricted mandates in the case of the CEFC (Abbott’s instruction not to invest in wind farms or rooftop solar).
Both agencies have been operating with the threat of closure looming behind them. With a positive mandate, both can play a critical role in the bringing in and lowering the cost of the technologies that Turnbull is so excited about.
Express support for renewable energy, and boost the target:
Tony Abbott, Joe Hockey and others in the Coalition made it very clear, they don’t like renewable energy, and they hated wind energy. That has caused the investment drought to continue, despite the reduced 33,000GWh target that was supposed to provide certainty, and turned large investors like Meridian Energy to greener shores. Turnbull should be able to turn that antipathy on a dime, simply by expressing support for new technologies.
Turnbull has been an enthusiastic supporter of renewable energy. Way back in 2010, he even attended the launch of BZE’s Zero Carbon plan for 2020, along with Bob Carr and the Greens’ Scott Ludlam. Turnbull was particularly supportive of solar thermal with storage.
‘As you know the great challenge with renewable sources of energy; solar and wind in particular, is that they are intermittent,’ he told the event. ‘So what do we do when the sun isn’t shining and the wind isn’t blowing. How do we store that power.
‘There is the ability with concentrated solar thermal power stations to use the sun’s energy to superheat a substance, in this case molten salt, that will hold its heat for long enough to be able to continue to generate steam and hence energy after the sun has stopped shining or during or day after day of rain. So there is a real opportunity there, with that technology, to generate baseload power from solar energy – something of a holy grail.’
Given that experience, maybe Turnbull should pitch for 100 per cent renewables? It is probably too much to expect Turnbull to lift the current renewable energy target in the short term, but that is exactly what he needs to do. The industry needs a long term policy, and Turnbull will be under pressure to match Labor’s 50 per cent renewable energy target by 2030, which even big investment banks say is readily achievable. Rooftop solar needs ongoing regulatory support as well, and it fits Turnbull’s rhetoric about a new economic future.
Impose emission standards on coal generators, and efficiency standards on cars
Objection to Repeal of North Coast Regional Environmental Plan
DoPE are proposing on getting rid of the North Coast Regional Environmental Plan (1988), apparently because it requires a variety of environmental values to be protected in environmental zones in Local Environmental Plans. This is part of their plan to stop far north coast Councils from implementing their environment zones. It would be great if some others made submissions.
Submissions due 09/07/2015 and can be made online at: http://planspolicies.planning.nsw.gov.au/index.pl?action=view_job&job_id=6839
Attached is NEFAs submission Dailan Pugh
NORTH EAST FOREST ALLIANCE
Objection to Repeal of North Coast Regional Environmental Plan
NEFA strongly objects to the repeal of the North Coast Regional Environmental Plan (1988)
as this would constitute a significant weakening of environmental values and criteria that
were used to identify environmental clauses and zones in north coast Local Environmental
Plans (LEPs). The principal problem is that the Government intervened to stop Tweed,
Byron, Ballina, Kyogle and Lismore Councils from implementing their environmental zones
and clauses, relegating them to limbo as “deferred matters”, and now the removal of criteria
the Councils used to identify the “deferred” environmental zones and clauses will undermine
NEFA are concerned that the North Coast REP is being deleted after 27 years of operation,
and before the “deferred matters” are resolved, specifically to retrospectively reduce the
criteria and undermine the justification for the proposed E Zones and clauses. This appears
to be part of a concerted attack by the National Party and DoPE on environmental protection
in one of Australia’s and the world’s biodiversity hotspots.
NEFA’s concerns are heightened by the fact that DoPE’s removal of E zones and
environmental clauses from the exhibited LEP’s appears to have been illegal.
The North Coast REP needs to be retained in force until after the fate of the “deferred
matters” is determined and the E zones and environmental clauses are restored to far north
Doing Over the North Coast
The North Coast Regional Environmental Plan now only applies to the deferred lands in
Tweed, Ballina, Kyogle and Lismore LGAs. These are lands that the local Councils have
identified as being of the highest conservation value within their LGAs. Byron LGA also had
its environmental protections removed, though also lost coverage of its deferred areas by the
In September 2012, at the behest of our then National Party representatives, Don Page and
Thomas George, the Minister for Planning announced that there would be a six months
review of E zones just for Tweed, Byron, Ballina, Kyogle and Lismore LGAs. It took the
Government a year to complete the review which supported the protection of high
conservation value vegetation in E zones in LEPs. Because the National Party did not like
the outcome, one and a half years later E zones are still in limbo.
In accordance with their Minister’s instructions the DoPE removed all environmental zones
(E2 Environmental Conservation, E3 Environmental Management and E4 Environmental
Living zones) from far north coast LEPs. They also removed a variety of clauses aimed at
protecting values such as streams, steep slopes, endangered ecological communities and
wildlife corridors, for example removing from Byron’s LEP clauses 6.12 Riparian land and
watercourses, 6.13 Development near the E2 or E1 zone, and 6.14 Biodiversity (which
applied to wildlife corridors and EECs).
The E Zones identified in these LEPs have become “deferred matters” excluded from the
new LEPs and governed by the zones and requirements of the old LEPs. This means that
areas identified as having the highest conservation values are still allowed to be used for
intensive agriculture and other inappropriate activities and developments.
Ballina Council notes:
“The consequence of the review is that the State Government has not allowed
Council to apply environmental based zones in the shire through the new local
environmental plan. This means that Council has not been able to recognise the
significant environmental values, features and assets identified by Council’s
research, technical studies and broad consultation as being important to the Ballina
Shire community in the new plan.
The implication of the Parsons Brinkerhoff interim reporting and the Department’s
interim response is that the Ballina Shire community will have a vastly reduced
opportunity to recognise environmental values in its local environmental plan. In
particular, the suggested approach arising from the review is that Council will not be
able to zone areas of coastal, scenic, urban buffer or water catchment values for
environmental protection purposes unless there is an ecological value also
associated with the land. The Department has further recommended a reduction in
the use of other planning tools to recognise such important values.
The approach suggested by the current E zone review documentation is entirely
inconsistent with the historical planning approach in Ballina Shire, which has
operated successfully since 1987. The State Government’s suggested approach is
also inconsistent with the current legal requirements in NSW for local environmental
plans to recognise a variety of environmental values in local planning instruments.
Inability to recognise environmental attributes (inclusive of ecological, scenic
amenity, coastal, urban buffer and drinking water catchment attributes) by way of
zoning weakens the planning framework for addressing these matters. Moreover, this
position weakens the existing structure and function of the planning framework
presently applying to environmental areas in Ballina Shire under the Ballina LEP
The repeal of the North Coast Regional Environmental Plan is intended to further weaken
the planning framework for addressing environmental attributes in all far north coast LGAs.
Justice Sheahan’s decision to declare the North Lismore Plateau rezoning “invalid and of no
effect” on the grounds that the exhibited Environmental (E) Zones were removed from the
adopted Local Environmental Plan (LEP) amendment pending the outcome of the E zone
review, brings into question the legal validity of the LEPs for Tweed, Byron, Ballina, Lismore
and Kyogle because they all had their exhibited E zones similarly removed.
Justice Sheahan stated “It would have been reasonable for the public to assume, on the
basis of the exhibited proposal, that the land proposed for environmental zones would be
subject to strict controls associated with that zoning. The maintenance of the rural zoning
over those lands has significant legal and practical consequences in respect of the uses to
which that land may be put, and how it is to be managed”
In light of Sheahan’s judgement that “the absence of the environmental zones reflected a
very substantial change in the planning regime” and thus invalidated the LEP amendment, it
is evident that all our Council-wide LEP’s are similarly legally invalid.
Getting rid of the North Coast REP is part of this illegal attempt to limit environmental
protections on the far north coast of NSW by retrospectively reducing the criteria and
justification for the proposed E Zones.
The Need for the North Coast Regional Environmental Plan
The North Coast Regional Environmental Plan specifies objectives and regional policies, for
the future planning and development of land within the region, including to guide the
preparation of local environmental plans. The North Coast Regional Environmental Plan is
identified as one of the key documents underpinning the development of E Zones and
environmental clauses by Byron, Lismore and Ballina Councils, and should have been for
Tweed and Kyogle Councils.
For example the North Coast Regional Environmental Plan identifies requirements to:
retain existing provisions allowing the making of tree preservation orders,
not alter or remove existing environmental protections without undertaking detailed
include significant areas of natural vegetation including rainforest and littoral
rainforest, riparian vegetation, wetlands, wildlife habitat, scenic areas and potential
wildlife corridors in environmental protection zones,
include wetlands, fishery habitats and sufficient land to separate adjoining land uses
from the wetlands and fishery habitats in an environment protection zones,
identify any coastal hazard areas, prohibit development that is at immediate risk from
coastal processes, and minimise the visual impact of development near the shore,
locate urban and tourism development on land that is free from flooding, land
instability, coastal erosion, acid sulphate soils, bush fire risks, aircraft noise pollution
and other environmental hazards.
DoPE’s claims that these requirements are covered by more recent documents is not
justified. DoPE’s claim that “The underlying zones derived from previous LEPs continue to
apply in these areas and provide suitable protection consistent with the REP”, is clearly
untrue as the assessments undertaken by Councils identified numerous additional areas
needed to satisfy the REP’s criteria that were not previously zoned for protection. When
most of the older zones were identified the data available for delineating zones was limited,
with little systematic or comprehensive mapped data available on conservation values.
DoPE’s Practice Note PN 09-002 (Environmental Protection Zones) states that “in most
cases, council’s proposal to zone land E2 needs to be supported by a strategy or study that
demonstrates the high status of these values”. The removal of one strategy will reduce the
weight given to particular attributes, and will remove the need to protect other values not
captured in other strategies.
The deletion of the North Coast REP is apparently intended to undermine the basis of the E
zones and environmental clauses identified for the Tweed, Byron, Ballina, Kyogle and
Lismore LGAs. We consider that this SEPP should not have been removed from deferred
lands in the Byron LGA and should be re-applied until the zoning of the deferred areas is
Is the Far North Coast of NSW less deserving than Elsewhere?
The forests of the North Coast of NSW have been identified as being of outstanding
international, national and state value for threatened biodiversity. They encompass the heart
of the Gondwana Rainforests of Australia World Heritage property. They are part of one of
the world’s 35 biodiversity hotspots because of their exceptional species endemism and the
threat of habitat loss. They include the NSW section of one of Australia’s 15 recognised
biodiversity hotspots, the ‘Border Ranges North and South (Queensland and New South
Wales)’. They also contain the most plants and animals, including those threatened with
extinction, in New South Wales.
Significantly, the E zone review applies only to five council areas in Northern NSW whilst
over 130 Council’s in the State have been allowed to fully complete their LEPs inclusive of
environmental based zones. The decision to stop the far North Coast from protecting its
exceptionally high conservation value vegetation was purely political bastardry and was not
based on the region’s environmental merits, because this region is the most biodiverse in
NSW and part of one of the world’s biodiversity hotspots.
The Local Government areas of Tweed, Byron, Ballina, Lismore and Kyogle encompass the
spectacular volcanic remnants of the Tweed Shield Volcano, centred on Mount Warning, and
the Focal Peak Shield Volcano, centred near Mount Barney. The volcanic ranges support
rainforests, and the sedimentary soils of the valleys eucalypt forests and wetlands.
Heathlands, swamps, melaleuca wetlands, saltmarshes and mangroves characterise coastal
The forests of north-east NSW have been identified as part of one of the world’s 35
biodiversity hotspots because of their exceptional species endemism (at least 1,500 endemic
plant species, i.e., 0.5% of all known species) and habitat loss (70% or more of an area’s
primary vegetation cleared) (Williams et.al. 2011).
These Local Government areas are part of “Border Ranges North and South”, one of
Australia’s 15 outstanding biodiversity hotspots, areas which are rich in biodiversity but also
under immediate threat. The supporting information states:
This sub-tropical and temperate hotspot is one of Australia’s most diverse areas –
and it is the most biologically diverse area in New South Wales and southern
Queensland. It has a variety of significant habitats: subtropical rainforest, wet
sclerophyll forest, mountain headlands, rocky outcrops and transition zones between
These habitats support a huge variety of bird and macropod species. Many are rare
or threatened …
This region’s high population growth, with associated urban and tourist developments
along the coast, is a major cause of habitat loss and fragmentation. Although most
remaining natural areas are protected, they are under considerable threat from
weeds, fire and recreational use.
The rainforests of the area are of international significance as evidenced by the inclusion of
many of the National Parks in the World Heritage Gondwana Rainforests of Australia, with
more recent national parks identified as qualifying for addition. The Big Scrub once covered
75,000ha and was Australia’s largest area of subtropical rainforest. It is estimated that there
is now only some 664 ha of the Big Scrub remaining as small fragments scattered across its
As well as being identified as one of Australia’s biodiversity hotspots, these landscapes have
been branded as Australia’s Green Cauldron, a centrepiece of national tourism as one of
Australia’s15 ‘National Landscapes’ – “places that capture the essence of our country – our
most inspirational environments offering world class natural and cultural experiences”.
Tourism is a major driver of the regional economy.
Too much has already been lost, all remaining native forests, and other ecosystems, on the
far North Coast of NSW need to be managed to limit impacts and retain or regain natural
processes. There is a need to increase the area of native vegetation, maintain and enhance
linkages between remnant areas, and to ensure the retention and enhancement of remnant
In accordance with the North Coast REP, it is particularly important to identify the high
conservation value vegetation and habitats remaining in the region, along with potential
wildlife corridors, and ensure they are appropriately zoned and protected. Getting rid of the
North Coast REP will make gaining needed protections harder, not easier.
Limpinwood revisited: History repeats
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LIMPINWOOD REVISITED:
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Tweed planners back off prosecuting over illegal works
Tweed Shire Council Chief Planner Vince Connell has recommended that council not proceed with the prosecution of the developer whose unauthorised land clearing caused a major pollution event at Hopping Dick Creek, Limpinwood.
The pollution event destroyed a well-known and loved platypus habitat. It also deposited tons of sediment and construction debris into Hopping Dick Creek. This eventually flowed into Oxley Creek and into the iconic Tweed River.
Our original investigation and photographic evidence can be viewed here.
The advice to council is that the =&0=&and the =&1=&may not be worth it.
Council staff say they are satisfied with the remedial work undertaken by the developer and ‘in light of recent cooperation from the developer’, the recommendation is that council not proceed with the class 5 proceedings.
(http://www.echo.net.au/2014/11/tweed-planners-back-prosecuting-illegal-works/)
The Caldera Environment Centre is extremely disappointed with this turn of events.
Tweed developer to face NSW Land and Environment Court
***Update: Unauthorised works Boorman’s Rd, Limpinwood ***
DEVELOPER TO FACE NSW LAND AND ENVIRONMENT COURT
At the last Tweed Shire Council Planning Committee meeting, it was recommended that:
1. Issues a Notice of Direction to take clean-up action under Section 91 of the Environment Operations Act 1997, to the owner of the site, to undertake remediation works on the adjoining property Lot 2 DP 815182 and adjoining parts of Hopping Dicks Creek; and
2. Instructs Council’s solicitors to commence Class 5 proceedings in the NSW Land and Environment Court action in respect of the failure by the site owner to gain development consent for certain works on the Crown Road Reserve that runs through Lots 127 and 128 DP 755724 under the Environmental Planning and Assessment Act 1979.
Limpinwood Pollution Event Linked to Earthworks, Land Clearing
On the 18th of April 2014, members of the Caldera Environment Centre attended a location at Boormans Rd Limpinwood, identified as Lot 127, DP 755724, to investigate allegations of unauthorised earthworks and land clearing.
The impetus for this investigation was a significant flood event that resulted in a massive industrial debris and sediment load entering into the pristine Hopping Dicks Creek and a well-known frog and platypus habitat.
The sediment plume of red soil was observed as far downstream as the Oxley River Bridge, approximately 15km from the Limpinwood site.
The development site is part of a newly subdivided property which has just recently been put on the market, known as Bryant Estate.
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The Caldera Environment Centre submits the following as evidence of:
- The origin of the sediment load and waste deposited into Hopping Dicks Creek;
- The magnitude of the sediment load and waste deposited into Hopping Dicks Creek;
- The cause of the sediment load and waste entering Hopping Dicks Creek;
- The lack of concern from regulatory bodies about an imminent, but avoidable ecological disaster;
- That development planning regulatory controls are either ineffective or unenforced;
- The property developers with their eyes on the Tweed’s stunning natural landscapes are acutely aware of point number 5.
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September 2013: Significant clearing of the riparian zone along Hopping Dicks Creek and platypus habitat begins. Prior to this, the forest had been thick to the water’s edge. The tractor in the photo below is bogged in the water course.
The event was reported to the Environmental Protection Agency on the 11th September 2013.
The event was reported to the Tweed Shire Council on the 16th September 2013.
The event was reported to the NSW Office of Water on the 16th September 2013.
The report to the NSW Office of Water was subsequently followed-up, but it was discovered they had inexplicably closed the case. A new case was opened on the 20th March 2014.
TSC launches Tweed Platypus Project
=&1=& Wednesday, 23 October 2013 4:38 PM
Dear Caldera Environment Centre,
Tweed Shire Council is undertaking a brand new Platypus Project with the aim of protecting platypus habitat and reducing threats to Tweed platypus populations. The project aims to use community education to harness community support and involvement.
The project will work with the community to
- Raise awareness and understanding of the platypus
- Report platypus sightings
- Start a Platypus Watch Group
- Protect and conserve Tweed waterways
Council is engaging a community artist, Kris Martin, to weave a 3m long platypus from cats claw creeper vine, starting on Saturday 2nd November at Uki Hall Park. Kris will be based at Uki for the week (to Friday 8th) and several school groups are visiting to help out. Interested members of the public are welcome to pay Kris a visit and Thursday the 7th is open for people to help weave the platypus and learn how it is done. See the website site for an example of Kris’s work artisean.com.au
=&2=& Uki resident and bush regenerator Eddie Roberts will be at the launch to take interested people on a walk along the Tweed River at Uki to highlight restoration works and maybe spot a platypus.
The launch is to coincide with the Tweed River Festival, and the giant woven platypus will be part of the lantern parade on Saturday 9th November.
Attached is some background info on the project. Happy to discuss anything including promoting the project in the Tree newsletter.
Best Regards,
=&3=& | Waterways Project Officer
Community and Natural Resources | Natural Resources Management
= = == =
BIOREGIONALISM- State System under Question
“ If local government areas were amalgamated, we could have areas like Swiss Cantons, English Counties, or German Lands, and dispense with States, which are a colonial anachronism. Removing one level of government should produce considerable savings for all Australians. “
BIOREGIONALISM
by Paul Hopkins
It has become clear that economic rationalism, the privatisation of government enterprises, and the deregulation of trade, the money market and banking, has not resulted in any significant improvement in the current financial status of Australia. Any short term advantages gained from influxes of speculative investment capital are likely to be lost when profits are sent back home and when the political and financial power of the multinational corporations becomes manifest.
Like a shot of caffeine, there may be some short term stimulus , but there is ultimately a debt or cost to the organism that must be repaid. Large mega units of production and the international trading of commodities may advantage dominant political parties and the big players, but the little guys, especially the environment generally, and our resources of oil, become rapidly diminished.
The bigger the units of production and the more synthetic the processes, the greater the pollution and the environmental damage. Costs are excreted downstream to become the community’s problem and debt. Greater reliance on too few primary resources can spell disaster for our society when there is a downturn in demand. Imports have become more necessary because of our diminished manufacturing base, caused largely by economic rationalism and de-regulation. Our balance of payment deficit and overseas debt is steadily growing.
Bioregionalism attempts to define eco-systems and communities on a rational, geographic basis, on a scale which is human rather than machine oriented.
The principals of bioregionalism can be used when considering natural as well as human systems. Water catchments, separated from one another by upland “dividers”, form themselves into natural bioregions. Obviously there is overlap and interrelationships, but a catchment of (say) 100 kms radius may be convenient.
The Mt. Warning Caldera forms a convenient area which has been recognised as a unit of local government, the Tweed Shire, and recently as a resource management tool, the Tweed Total Catchment Management Committee. A larger unit comprising the Tweed & Richmond River valleys may be more suitable for some functions such as ecosystem management, education, health and welfare administration, and economic production.
If local government areas were amalgamated, we could have areas like Swiss Cantons, English Counties, or German Lands, and dispense with States, which are a colonial anachronism. Removing one level of government should produce considerable savings for all Australians.
Implicit with a bioregional focus would be a move towards self-sufficiency. Householders know that we can save by minimising external leakages. By manufacturing and trading within a bioregion, we should become wealthier. Because there would also be more accountability, we should also become healthier.
Improved communications and less alienation within the bioregional unit should result in a happier and more socially responsible/responsive community. Less emphasis on television and long distance communications and transport could result in more real time and a more down to earth lifestyle.
Economic
Less dependence on the motor car and high-tech solutions should also result in savings to the whole community. For example, local nut, fruit and vegetable growing and processing; local beverage production; local light engineering and constructions; and local eco-tourism, are some industries which are already flourishing successully.
More emphasis on local tertiary education would help provide a better skilled local workforce and hopefully stimulate more local enterprises. Economic performance (the production and distribution of goods and services) has a profound effect on social linkages, organisation and function.
Social
A society which is functioning effectively is likely to be organised on a bioregional basis, governed by geographical constraints. Modern telecommunications and automobiles tend to distort these traditional patterns and organisation with resultant social costs and negative side effects, such as alienation, mental and physical disease; depression, drug reliance and increasing emphasis on synthetic machine oriented and expensive diversions. Bread and circuses becomes McDonalds and movies. The more man-made, mega, and hectic the environment, the greater the need to recreate in the great outdoors. Trips to Bali and Fiji become “de rigueur” to counter-balance metropolitan madness. The more polluted and alienating the city, the greater the need for the simple, quiet and “primitive” paradise.
Ecology
Bioregions and ecosystem units should, by definition, be a neat fit. All ecosystems interface and overlap endlessly, but divides do exist to define boundaries.
The greater the human impacts, the greater the need for proper ecological management. Local knowledge and monitoring is needed to detect eco-system dysfunction. Unfortunately, large corporations can often afford to pollute and degrade because of their economic power.
Local landholders may also be immune to responsible management practices because of parochial attitudes and local dependency on harmful mono-cultural techniques (eg. in areas such as Eden and Wee Waa etc.). Diversity of income and polycultures are likely to encourage biodiversity. Local economic self-sufficiency should help to maintain local biodiversity.
Conclusion
Bioregionalism implies small, friendly and fulfilling units of production, a simpler, cheaper lifestyle, less liable to breakdown. and a better environment with more biodiversity. Less reliance on the dollar could mean good health with sufficient wealth.
Paul Hopkins
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