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This page is an archive of semi-regular updates relating to many facets of the campaign to save and protect Kuradji Sandon Point. The updates included on this page are:

August 28 2002
April 4 2002
February 18 2002

January 30 2002
December 2001

Additional updates will be added coinciding with new updates produced.

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Public Meeting Success
A public meeting held at Sandon Point on Saturday 24 August attracted over 600 residents and was opened with a welcome from Aboriginal Elder, Reuben Brown. Guest speakers included politicians NSW Upper House members Arthur Chesterfield-Evans (Democrats) and Ian Cohen (Greens) as well as community members and the mayoral candidates. Messages of support were also received from Bob Brown, Jack Mundy, HG Nelson and Geoff Morell, among others.

The declaration of Sandon Point on 22 August as an endangered place of national importance by the National Trust was warmly received at the meeting. Those present voted unanimously to do everything possible to change local political representation unless commitments are made and actions are implemented to protect the site before the next elections. The meeting condemned the government for its inadequate legislation for the protection of Aboriginal culture and heritage and demanded that changes be made to the National Parks and Wildlife legislation to ensure proper and meaningful consultation with Aboriginal groups. Sandon Point Tent Embassy spokesperson Roy "Dootch" Kennedy told the meeting of his own anger and of how many in the Aboriginal community felt sickened by the destruction of their culture.

David Campbell, Member for Keira, announced that he would to write to Minister Refshauge requesting a Commission of Inquiry into the 'balance of the site'.

Mayoral candidates who spoke on the controversial issue included acting Lord Mayor Alex Darling, Michael Organ (Greens), Trevor Mott (ACT Independents), Bob Proudfoot (ALP) and Madeleine Roberts (Democrats). The allegation that protestors were threatening violence to Stockland's NSW Residential Estates Manager, Nick Duncan and his family, were strongly refuted by Michael Organ, who demanded that Stockland apologise.

The NSW Government and Opposition were also called upon to conduct an inquiry into the sale of the Sydney Water Land at Sandon Point: specifically: why it was sold without community consultation, and why part of it was later bought back by Wollongong City Council using Section 94 funds?

The resolutions passed unanimously at the meeting are as follows:

Preamble
We the community stand together in recognition of the importance of the Sandon Point land, its natural coastal wetland environment, Aboriginal cultural and historical significance and European heritage. These values have been recognised by the Australian Council of National Trusts as being of importance to the heritage of the Australian nation, and as being in immediate danger for the short-term monetary gain of a few. Local, state and federal governments have failed the community by their inaction to protect this unique heritage place.

Public Meeting Resolutions
1. We call on the NSW Premier, Bob Carr, and the Minister for Planning, Andrew Refshauge, to act immediately to protect this precious coastal site.

2. We ask that the first part of the Illawarra Regional Park at Sandon Point be established, by resuming:

  • all land within 40 metres of all creeks and wetlands, as requested by the NSW National Parks and Wildlife Service, Commissioner William Simpson and the Sydney Coastal Councils Group
  • all areas of Aboriginal cultural significance, including burial sites tool-making sites, camp-sites and midden areas
  • the former Sydney Water land, which was sold against public wishes, and partially bought back by Wollongong City Council
  • the entire AIR site, for restoration of the original wetlands to protect upstream residents from flooding.

3. We condemn the government for having inadequate legislation for the protection of Aboriginal heritage via the granting of Section 90s. In particular, we demand that changes be made to the National Parks and Wildlife legislation which requires proper and meaningful consultation with recognised Aboriginal groups and Aboriginal elders before Section 90s can be granted. Further that proper and meaningful consultation be spelt out.

4. No public land is to be used by the developer to gain access to the site. Wrexham Road is not to be used as access to the development.

5. We call on the NSW government and opposition parties to carry out an inquiry into the sale of the Sydney Water land at Sandon Point; specifically, why it was sold for $2.1 million without community consultation, and why part of it is being bought back by Wollongong Council for $1.4.million, using Section 94 money. The inquiry needs to investigate whether corruption or incompetence was involved.

6. We put on notice Local, State and Federal government representatives that unless commitments are made and implemented prior to the next elections we will do all that is possible to change our political representation.

DCP Review/Master Plan
Following on from the Rick Farley led facilitation Process Committee, the Development Control Plan (DCP) Review Committee has commenced. Community representatives are Michael Organ and Alex Peterson, and Neighbourhood Committee 3 is represented by Cate Wilson and Ross Dearden.

Community Workshops
It is now confirmed that the dates for the public sessions of the Sandon Point DCP Review/Master Plan Workshop are: Tuesday evening, 10 September 2002 (6:30 pm) and Wed 11th to Friday 13th September 2002 from 9 am to 8 pm The Workshops will be held at the south Coast City Church (cnr Lawrence Hargrave Dr and Railway St), Thirroul and will be facilitated by Urban Planning consultants Dickson Rothchild. (Ph 02 9361 4674)

The aim of the workshop is to involve the general community and to ensure there is wide public awareness of the issues.

Note that Council advised a number of reasons why a request that the Sandon Point Workshop be postponed to 17th -20th September (after the Mayoral election) could not be done.

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An additional meeting to provide an opportunity for the community to make presentations to the Sandon Point DCP Review/Master Plan Steering Committee will be on:
Date: Tuesday, 3 September 2002
Venue: Level 10 Council Chambers
Time: 5.00 pm

Neighbourhood Committee 3 meets at 7:30 pm on the 3rd Tuesday of each month at the Thirroul Senior Citizens Hall. You are very welcome to come and contribute and to help to improve our community.

Ross Dearden Secretary,
Neighbourhood Committee 3

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The National Parks and Wildlife Service gave Section 90 consents on 30 January (approval to destroy Aboriginal artifacts) for Stages 1, and Stages 2 to 6. On 12 February Stockland, the developer, attempted to commence construction on Stages 1 to 6 (the southern part of the site between Beacon Avenue and Hill Street, south of Tramway Creek). On Thursday 14th February, while the Kuradji Aboriginal Tent Embassy (SPATE) were seeking an injunction in the Land and Environment Court (LEC), Stockland forced entry to the site in the afternoon through the community picket at Beacon Avenue / Point Street, Bulli. Only an hour afterwards, the Court ordered Stockland to withdraw the machinery and stopped all work until additional evidence in relation to the Indigenous Cultural and Heritage significance of the site is properly assessed.

1. On 20 March 2002 the LEC case began (heard by Justice Talbot) and the Sandon Point Aboriginal Tent Embassy was represented by Barrister, Patrick Larkin.

2. Also on 20 March community reps Michael Organ, Marcel Van Wijk, Boni Martin, Ross Dearden and Reuben Brown met Deputy Premier, Dr A Refshauge with David Campbell, Member for Keira. It was a useful meeting and a summary of the discussion and major outcomes is given below:

- The Minister endorsed the community's call for a consolidated approach to planning of the whole site, inclusive of Cooksons, Bulli Council Depot, and Old Bulli Mine site.
- He acknowledged this requires an analysis of site constraints and consideration of flooding, traffic and environmental issues in particular.
- The Minister arranged for PlanningNSW to talk with Wollongong City Council about overall strategic planning and requested that mapping site constraints (for flooding, riparian zones, Aboriginal Heritage and cultural sites etc) be completed before any development is approved. q Minister Refshauge strongly supported continuation of the Process Committee (facilitated by Rick Farley) as the best way of getting general agreement for the whole site.
- Minister Refshauge asked that David Campbell, Member for Keira, pursue the community request, with Minister Kim Yeadon for an investigation of the sale of Sydney Water land, which took place without appropriate consultation on Aboriginal Heritage.
- David Campbell is also to report back to the community with options for government funding (federal, state and local) for a buy back of sensitive areas of the site.
- The community representatives raised the fact that individual development applications do not represent the full cumulative impact. For example the community has been told of only 11 stages yet more than 20 stages are anticipated from Stockland alone.
- The delegation outlined the benefits of the Illawarra Foreshore Regional Park proposal and the NSW Coastal Policy on the site. . It was confirmed that the Coastal Policy will be applied to the balance of the site, however, we affirmed the Coastal Policy should also be applied to Stages 1 to 6.

3. On Friday 22 March the Court hearing was adjourned until Thursday 18 April 2002. The injunction will remain in force until the judge hands down his decision on NPWS consultation for the S 90 certificate.

4. 25 Feb 2002 Press Release: The NSW Government's decision to buy-back Ballast Point, Balmain, has prompted residents in Wollongong's northern suburbs to ask why 60 hectares of coastal floodplain at Sandon Point, between Bulli and Thirroul, should not receive the same treatment. Max Ackerman, said that Sandon Point's case was overwhelming. "The land contains Aboriginal heritage of national significance. Nearly a third of north Illawarra's remaining wetlands are on this site. Threatened flora and fauna species and migratory birds depend on the green corridors and wetlands that will die if this development goes ahead."

5. On 2nd and 3rd March the Save Sandon Point Surfing Festival was held in conjunction with the first anniversary of the Hill Street Community Picket.

6. At the Process Committee Meeting on Tuesday 26 March Rick Farley suggested the formation of several working groups for consideration of :

1. Cookson's land
2. Ray Hannah Motor's land
3. Northern access options (including Gibson Pk)
4. Aboriginal Keeping Place
5. European Heritage issues
6. Creeks, wetlands, biodiversity buffers

7. At the Process Committee Meeting on 26 March, Stocklands agreed to contribute to (not fully fund) a European Heritage study. Stocklands also agreed to contribute towards an Interpretive Heritage facility. They agreed only to give archaeologists Therrin / Fullegar access for monitoring on Stages 1 - 6, but not for the additional cultural heritage studies.

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Some of the Specific Community Issues presented for the consideration of the Sandon Point Process Committee (facilitated by Mr Rick Farley) are:-

1. There are many outstanding issues as represented by the many site-specific Wollongong City Council resolutions and sub-committee resolutions that have been passed in recent years. The outcomes of many of those resolutions remain in contention, or are yet to be finalised.

2. Completion of all studies is required to provide full information for decision making. In accordance with the ESD Precautionary Principal, where there are threats of serious or irreversible damage, any lack of scientific certainty must not be used as a reason for postponing measures to prevent environmental degradation. Specifically, completion of the European and Aboriginal Heritage studies is required as already agreed by Council. In all cases "best environmental practice" must be achieved eg buffers and development setbacks in accordance with the Sydney Coastal Councils Draft Wetlands DCP.

3. All statutory requirements to be followed and no site work to commence without the relevant permits and compliance with all Conditions of Consent. The community deplores the complicity of the various Government Departments and Council allowing these breaches to occur without penalty.

4. Overall site planning. No approvals shall be given to proceed with any staged site work which is not in accordance with the agreed revision of the DCP for the whole site. e.g. Particularly in respect of Indigenous heritage, buffer zones for riparian and green corridors, biodiversity and protection of threatened species, access and traffic management, flood and stormwater treatment.

5. The legitimacy of the sale of the Sydney Water land is a major issue which has been questioned by the community. This land is significant because of the Indigenous sites and environmentally sensitive and regionally significant wetlands. 6. The community believes that all options for a buy back of the whole site, and the Sydney Water land in particular, must be pursued as a part of the facilitation process.

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If you believe you have other issues that the Sandon Point Process Committee is not aware of, or information that you want to contribute to the process, please contact any of the community representatives (Michael Organ, Max Ackerman, Cate Wilson, Boni Martin, Jill Merrin, Marcel Van Wijk, Hamish Brown or Ross Dearden).

You can also contact Mr Rick Farley directly on Ph/Fax 02 9554 6136 Mobile 0408 627 184 or by email: rickfarley@oz2000.com

 

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A lot has happened since the last newsletter dated 30 January 2002. Some of the most important events are:

1. The National Parks and Wildlife Service gave the developer, Stockland, two Section 90 consents (approval to destroy Aboriginal artifacts) for Stages 1, and Stages 2 to 6, on 30 January. Once they received this consent Stockland announced that they intended to commence construction on Stages 1 to 6 (which is the southern part of the site between Beacon Avenue and Hill Street, south of Tramway Creek).

2. Stockland said it wished to continue with the Process Committee (facilitation by Mr Rick Farley), but only in relation to the remaining Stages 7 to 11. This is not the understanding that was given to the community in preliminary meetings with Council and Stockland. At a meeting of Community representatives on Friday night (8.2.02) it was confirmed that the community 'wish to remain in the facilitation process for the whole of the project.'.

3. On Tuesday 12th February the community rallied at the Beacon Avenue entrance to he site to protest and resist the attempted entry of Stockland's heavy machinery to commence Stages 1 to 6. With the support of the South Coast Labour Council a second community picket was set up in Point Street at Beacon Avenue. This is the only legal access that is available to the site. On Tuesday Stockland were denied access but they established a compound with armed security personnel and guard dogs on the western side of the South Coast Railway line.

4. The protest continued on Wednesday 13th and on Thursday 14th February, despite the Kuradji Aboriginal Tent Embassy (SPATE) actually seeking an injunction in the Land and Environment Court, Stockland forced entry to the site in the afternoon through the community picket at Beacon Avenue. About an hour afterwards, the Court ordered Stocklands to withdraw their machinery and prevented all excavation until additional evidence in relation to the Indigenous Cultural and Heritage significance of the site is properly assessed.

5. On Friday 15th the Land and Environment Court decided that a three day hearing on the issues would be held starting on 20 March 2002.

6. The Lord Mayor, Councilors A Darling, V King and Dave Martin and Mike Mouritz met with David Campbell MP and the Minister for Urban Affairs and Planning (A Refshauge) on Friday (15.2.02) in Sydney. No community representatives were permitted to attend. A condition of the injunction is that Debus as Minister in charge of National Parks and Wildlife Service and Gilligan as Director can revoke Section 90 at any time and Stocklands can't sue them.

7. WCC Councilors want the Farley Facilitation Process to continue for the whole site and as part of these reconvened negotiations Stocklands would have to agree to give access to the archaeologists to do the Aboriginal heritage study. At the moment Stocklands have not give approval to carry out the Aboriginal Heritage study on Stages 1 - 6, even though Council has commissioned Richard Fullegar to do the work.

8. Roy Kennedy (SPATE) has confirmed that the first priority of the Kuradji Aboriginal Tent Embassy is for the independent cultural heritage study commissioned by the Wollongong City Council to proceed on Stages 1 to 6.

9. Council has resolved to urge Debus to revoke the Section 90 approvals already given if Stockland refuses access to do the Aboriginal Heritage Study 10. On Tuesday 19th February Mr Rick Farley will address the Area 3 Neighbourhood Committee to collect information and answer questions on the Facilitation Process.

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Some of the Specific Community Issues presented for the consideration of the Sandon Point Process Committee at the last meeting follows:-

1. There are many outstanding issues as represented by the many site-specific Wollongong City Council resolutions and sub-committee resolutions that have been passed in recent years (listed in the table attached to the brief). The outcomes of some of those resolutions remain in contention, or are yet to be finalised.

2. Completion of all studies is required to provide full information for decision making. In accordance with the ESD Precautionary Principal, where there are threats of serious or irreversible damage, any lack of scientific certainty must not be used as a reason for postponing measures to prevent environmental degradation. Specifically, completion of the European and Aboriginal Heritage studies is required as already agreed by Council. In all cases "best environmental practice" must be achieved eg buffers and development setbacks in accordance with the Sydney Coastal Councils Draft Wetlands DCP.

3. All statutory requirements to be followed and no site work to commence without the relevant permits and compliance with all Conditions of Consent. The community deplores the complicity of the various Government Departments and Council allowing these breaches to occur without penalty. (A list of known breaches committed by Stocklands since September 2001 was attached).

4. Overall site planning. No approvals shall be given to proceed with any staged site work which is not in accordance with the agreed revision of the DCP for the whole site. e.g. Particularly in respect of Indigenous heritage, buffer zones for riparian and green corridors, biodiversity and protection of threatened species, access and traffic management, flood and stormwater treatment.

5. The legitimacy of the sale of the Sydney Water land is a major issue which has been questioned by the community. This land is significant because of the Indigenous sites and environmentally sensitive and regionally significant wetlands. The community believes that options for a buy back of the whole site, and the Sydney Water land in particular, must be pursued as a part of the facilitation process.

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The first Sandon Point Process Committee meeting facilitated by Mr Rick Farley with WCC, SCLC, Stocklands and community representatives was held at 5pm on 30 January 2002. The meeting was attended by Mick Mouritz and Bronwyn Seiden (WCC); Peter Wilson and Arthur Rorris (SCLC); Nick Duncan and Paul Hedge (Stocklands), Roy Kennedy and Peter Button (Sandon Point Aboriginal Tent Embassy, SPATE) and community reps Max Ackerman, Marcel van Wijk, Cate Wilson, Boni Martin and Ross Dearden.

The meeting introduced Mr Rick Farley to the Process Committee and adopted a meeting protocol and procedures. The aim is to have a transparent process that develops trust and provides an open and honest forum for "good faith" negotiations. The agreed objective of the process is to produce a report to assist the Council in its review of the Development Control Plan for the whole area.

It was agreed that only Mr Farley would talk to the media about the matters under consideration by the Process Committee.

Stocklands has agreed to participate on the basis that they are not going to give up their legal rights to develop their land. It is to be hoped that the alternative solution that will be recommended is a better outcome for the community and one that Stocklands would see advantages in adopting.

Rod Oxley has given Mr Farley his assurance that Council will look favourably on the Process Committee's recommendations.

A list of approximately 45 Reports on Sandon Point was presented, including statements of evidence for Stockland and Council in the Land and Environment Court Appeals. All the reports are available for the public to view on Level 4 of WCC.

At the meeting each of the parties provided their issues for discussion. A summary of the Community Issues presented for the consideration of the Process Committee follows:- The range of concerns and issues associated with Sandon Point development include, but are not limited to:

> Aboriginal Heritage
> European Heritage
> Flora & Fauna Rare and Endangered Species
> Flooding
> Open Space consideration
> Biodiversity
> Green and Riparian Corridors
> Tourism
> Employment
> Impact on the marine environment
> Site contamination
> Ecologically sustainable development issues
> Coastline management
> Impact on existing infrastructure (sewerage, roads, education, social issues)
> Traffic
> Water quality

Some Specific Issues of Contention

1. There are many outstanding issues as represented by the many site-specific Wollongong City Council resolutions and sub-committee resolutions that have been passed in recent years (listed in the table attached to the brief). The outcomes of some of those resolutions remain in contention, or are yet to be finalised.

2. Completion of all studies is required to provide full information for decision making. In accordance with the ESD Precautionary Principal, where there are threats of serious or irreversible damage, any lack of scientific certainty must not be used as a reason for postponing measures to prevent environmental degradation. Specifically, completion of the European and Aboriginal Heritage studies is required as already agreed by Council. In all cases "best environmental practice" must be achieved eg buffers and development setbacks in accordance with the Sydney Coastal Councils Draft Wetlands DCP.

3. All statutory requirements to be followed and no site work to commence without the relevant permits and compliance with all Conditions of Consent. The community deplores the complicity of the various Government Departments and Council allowing these breaches to occur without penalty. (A list of known breaches committed by Stocklands since September 2001 was attached).

4. Overall site planning. No approvals shall be given to proceed with any staged site work which is not in accordance with the agreed revision of the DCP for the whole site. e.g. Particularly in respect of Indigenous heritage, buffer zones for riparian and green corridors, biodiversity and protection of threatened species, access and traffic management, flood and stormwater treatment.

5. The legitimacy of the sale of the Sydney Water land is a major issue which has been questioned by the community. This land is significant because of the Indigenous sites and environmentally sensitive and regionally significant wetlands. The community believes that options for a buy back of the whole site, and the Sydney Water land in particular, must be pursued as a part of the facilitation process.

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The Process Committee will meet regularly over the next 3 - 4 months and there will be opportunities for input from the general community. During the next week Mr Farley will be meeting with individual parties and identifying issues where agreement might be possible or where detailed negotiation is required.

The next meeting has been set for Tuesday 26th February 2002. It will aim to define the issues where there is agreement and /or disagreement. It will also identify where further information is required and review the public comments to date.

If you believe you have other issues that the Committee are not aware of, or information that you want to contribute to the process, please provide it to one the community representatives (Michael Organ, Max Ackerman, Cate Wilson, Boni Martin, Jill Merrin, Marcel van Wijk, Hamish Brown or Ross Dearden).

You can also contact Mr Rick Farley directly on Ph/Fax 02 9554 6136 Mobile 0408 627 184 or by email: rickfarley@oz2000.com

Rick Farley has agreed to address the next Area 3 Neighbourhood Committee Meeting at 7:30 pm on Tuesday 19 February at the Thirroul Senior Citizens Hall. Come along to meet him and find out more about the process first hand.

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Here's a quick update on some key issues:

The next Sandon Point Working Party for the Alternative Resolution Process/ SCLC / WCC meeting with Stocklands and community representatives is now to be on 10 January 2002. We have finalised the terms of reference and the brief for a facilitator and the Council has called for comment on the brief. The brief has been sent to a shortlist consisting of:

1. Rick Farley
2. Wendy Sarkissian
3. Brian Elton & Associates
4. ESD Group: Chip Kaufman

The proposals were to be in by 14 Dec but time has now been extended to 21 Dec.

On Sunday 16th December the Sandon Point Aboriginal Tent Embassy (SPATE) celebrated the 1st anniversary of the embassy, which was established at McCauley's Beach on 26 December last year. There was plenty of music, good food and good company. Special thanks to all those who helped and made the afternoon a success. It also made National News on Monday mornings on the ABC.

We received a letter from Andrew Refshauge MP, via Stephen Martin, in regard to our request to have Sandon Point proposed as a Regional Park by the NPWS. The letter was not positive and said that the acquisition of land for the Regional Park would have to be justified "not only on social economic and environmental grounds, but also against other high order acquisition priorities across the state". We'll keep on trying...

We finally got a response from Environment Australia about the Environment Protection Biodiversity Conservation Act and Sandon Point issues. We had hoped that EA would request Stockland to carry out an Environmental Impact Assessment but they did not consider this necessary.

On Monday 17th Dec 2001 NC3, SPATE and NIRAG reps met with David Campbell, Member for Keira, to discuss solutions for Sandon Point. The meeting resulted in us gaining his support for several key issues at Sandon Point including obtaining assistance to represent the Sandon Point issues to Bob Debus (Minister for the Environment) in regard to NPWS recognition of the significance of the site and further consideration of the Section 90 request that we believe is about to be approved which would allow destruction of Aboriginal relics. We also asked him to represent the case for obtaining buyback funds from a variety of Government sources as appropriate. The issue of the sale of the Sydney Water land was raised and the need for improved public consultation was recognised.

Also on Monday 17th Dec 2001 the recision motion for the Thirroul Bowling Club proposal was carried at the full Council meeting, so now the proposal will not go on exhibition. Hopefully there will now be a rethink and Thirroul will get a more appropriate design that is within the planning guidelines and will still allow the club to be viable.

The revised plans for Thirroul Leagues club site are on exhibition (D00/1202) and were discussed at Neighbourhood Committee on Tuesday, Dec 18th.

REMEMBER THE XMAS PARTY BBQ AT THE PICKET at 6 PM THIS SUNDAY 23rd Dec.

Thanks to all our supporters for your efforts throughout the year and particularly over the last few weeks. The Community Picket at Hill Street is more than ever a focus for community action. Call in to get the latest news or have a cuppa. If you can help with a few hours of your time phone the picket on 0402 547 800.

Neighbourhood Committee 3: Next meeting is at 7:30 pm Tuesday 16 January 2002 at the Thirroul Senior Citizens Hall.


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