Sandon Point
online newsletter
3 November 2003
COI Findings Vindicate Community

On 16 October the findings and recommendations of the Commission of Inquiry on the preferred land uses, planning outcomes and management options for certain land at Sandon Point, having regard to its values and constraints in the broader context of the surrounding urban and non urban environment were publicly released. The report was sent to Craig Knowles, Minister for Infrastructure and Planning, in September.

The COI found that the Sandon Point area 'has significant inherent cultural, ecological and social values' that are too important to compromised by both the Stockland Masterplan and Wollongong City Council's Development Control Plan. It has recommended significant protection measures, and sweeping changes to the Stockland proposal, vindicating the community's 15 year campaign to protect the area.

The recommendations include:

  • Further studies to identify and fully assess Aboriginal heritage values;
  • The entire eastern section of the Sandon Point area be zoned as 7(a) Special Environmental Protection;
  • Protection of creek corridors to ensure important riparian and ecological values are enhanced (including a buffer zone of 100m on Woodlands Creek);
  • Cookson Plibrico to remain in operation;
  • The Heritage-listed Turpentine forest on Cookson's land be zoned as 7(a) Special Environmental Protection.

The final outcome of the Commission of Inquiry now rests with the Minister. As consent authority, he has the power to accept or reject the findings.

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Partial Victory - but battle not over

With the findings of the Commission of Inquiry now public, and the damning indictment of both Stockland and Wollongong City Council, we can celebrate a partial victory. However, the campaign to save and protect Sandon Point is far from over. It needs to be noted that the findings and recommendations of the Commission of Inquiry (many of which are contradictory) are just that - findings and recommendations. Craig Knowles, Minister for Infrastructure and Planning, is consent authority.

Whilst the damming indictment of Stockland and Wollongong City Council by the Commission of Inquiry has vindicated the 15-year campaign to save and protect, a lot needs to be done before the community visions for the area will come to fruition. Whilst the Commission of Inquiry recommends sweeping changes, and the rezoning of substantial sections of the Sandon Point area to 7(a) Special Environmental Protection, it states that the construction of 3 storey apartment buildings is suitable - in spite of its stated need for more studies to be undertaken to assess the potential and likely impacts.

The contradictory nature of the Commission of Inquiry are apparent in recommendations for the protection of ecological communities and creek/riparian corridors. Buffer zones of up to 100m are recommended, yet the southern bank of tramway creek, including the Sydney Coastal Estuarine Swamp Forest Complex (SCESFC) community, are explicitly excluded from these recommendations.

Aside from the contradictory nature of the findings and recommendations Craig Knowles, Minister for Infrastructure and Planning, as consent authority, has the power to decide whether the recommendations are adopted, dismissed or ignored. You don't have to think to far back for an example: the outcomes of the Commission of Inquiry into the Illawarra Escarpment - also containing many positive outcomes, including a minimum setback of 40m from all creek banks - have yet to be implemented.

Less than a week after the public release of the of the Commission of Inquiry, Stockland are already undertaken works without consent and in direct contravention to its findings and recommendations.

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No Win Yet on Aboriginal Cultural Issues

Whilst the findings and recommendations of the Commission of Inquiry are a large step forward for the consideration given to, and promotion of, Indigenous Significance, they are contradictory and still fail to address the continuing destruction of heritage and culture at Sandon Point.

In summarising their findings and recommendations, the Commissioners indicate that they are not restricted to scientific determinations of Significance, as set out by legislation including Section 90 of the National Parks and Wildlife Act 1974 - the legislation that regulates the destructions of Aboriginal cultural sites - yet the contradict their own findings.

The Commissioners state that:

Sandon Point was an important meeting place for Aborigines and embodies timelessness. The Aborigines' longstanding and intimate relationship with the land ensures that Sandon Point is significant to them. Oral and written testimony before the Commission is irrefutable in this regard. Nearly all Aborigines who tendered evidence to the Commission do not want residential development to occur on any of the land as it has all been an integral part of their traditional life and culture over thousands of years.

and that

Aboriginal cultural significance can only be determined by the Aboriginal community

yet they proceed to state that the housing can be established on certain parts of the area - where archaeological artefact evidence is deemed to be low - despite the acknowledgement that a focus on 'physical' significance in determining Aboriginal culture is simplistic and culturally inappropriate.

This is in direct contrast to the call for no houses to be built.

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In This Issue...

COI Findings Vindicate Community.
Paritial Victory - but battle not over.
No Win Yet on Aboriginal Cultural issues

 

 

www.sandon-point.org.au
 


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