1. This Submission concerns the proposed Shellharbour Marina/Boatharbour development which was first mooted in 1983, given approval by Commission of Inquiry in 1996, but not as yet commenced.  We are concerned about " Council's processes " and the "provision of information" regarding the proposed Shellharbour Marina/Boatharbour development.
2. The current proposal is significantly different from what was approved - we believe an amendment should be lodged with the Planning Minister.  The original DA was approved in 1996, an amendment in 2001 consisted of the removal of the engineered landfill cells consisting of contaminated material removed from the old landfill site adjoining Wetland 376, and replacing them with acoustic barriers.  There is no plan as to how the contaminated material will be disposed of, no plan for transporting it, and how the contaminated soil will be separated from the acid sulphate soils during any construction.  It is felt that the Shell cove Marina project has changed significantly since its approval in 1996 that it warrants the requirement for a DA for the removal of the contaminated materials.
3. The original consent stated that the destruction of Wetland 376 required the establishment of an equivalent, compensatory wetland. Wetland 376 is 12.4 ha of Saltmarsh wetland.  The compensatory wetland currently provides for around 0.9ha of saltmarsh with a further 12.4 ha of freshwater wetland, open brackish water and a habitat island.  The habitat in 376 is covered by the 1992 Intergovernmental Agreement on the Environment, the China-Australia Migratory Bird Agreement and the Japan-Australia Migratory Bird Agreement - destruction of that wetland is in clear breach of these Agreements.  Clearly the compensatory wetland is not a compensatory wetland.
4. Concern over the air of secrecy attached to the whole Shell Cove development. Approaches to Council are deflected by stating that information is not available to the public.
5. Other changes to the original proposal include: no pumping system for the marina recirculation system, there is a 15 degree shift in the alignment or orientation of the marina and apparently one of the breakwater groynes will not be built. 
6. If and when the plans for the marina are completed and lodged, will they be an Amendment to the DA or will they simply be engineering plans for the approval of the construction?  Who will be the determining Authority?
7. Council has stated that the construction of the marina will cost $100 million.  The cost for it is to come from the sale of land in Shell Cove.  As about 1100 blocks have been sold out of around 2700 and there is only $4 million in the bank, how will it be paid for?  Will the Council borrow money (as has been rumoured) to pay for it?
8. Land sales have dropped off everywhere, and it seems that this will be the case for some time, where will the money come from?  If the marina construction goes ahead, and the hole is dug, fears are that this could lead to the filling of the wetland 376 (to cap the contaminated material) and the creation of more residential land.
9. Currently there is a dedicated roadway providing access to Killalea Reserve.  This is being replaced by a series of residential streets with 4 x 90-degree bends and leads an extensive traffic volume past the new primary school site in shell Cove.  This is surely extremely bad traffic planning and certainly was not in the original consent.

 The people of Shellharbour need a firm commitment that:

• If the marina does not proceed the existing Wetland 376 will be rehabilitated
• If the marina does proceed, it can only occur when the 12.4ha of saltmarsh wetland has been equitably compensated for.

Russell Hannah                 Mairi Petersen                  Rudy Van Drie