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.
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.
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.
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.
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.
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?
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?
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.
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
On behalf of SPACE - PO Box A125, Shellharbour 2529
I noticed in the press that the NSW State Cabinet would be visiting our area and meeting in Kiama on November 28th 2005.
I am enclosing copies of two letters which we have sent recently to both Minister Frank Sartor and Minister Bob Debus outlining our concerns with regard to the proposed Shellharbour Marina and seeking a deputation to them on this matter.
Obviously, it would be excellent for all parties if we were able to meet with both Ministers when they are visiting the area.I spoke with your Secretary Carol yesterday and she asked me to put our request to meet with the Ministers in writing and that you would then forward our request onto the Ministers concerned.
You are most probably aware of the issue of the proposed Shellharbour Marina, and also aware of the opposition within both the Shellharbour and wider community to this project.It is now ten years since the Commission of Inquiry recommended to the Government that the project could go ahead. However, community and indeed government attitudes to coastal development have changed, and we would like to discuss this important matter with the relevant Ministers again.
We therefore request that you ask the Ministers to meet with a deputation from us when they visit our area on November 28th.
The next SPACE meeting will be held on Tuesday at 7:30pm on the 8th of November and will be take place at the Shellharbour Public School Library. All welcome!
Members of SPACE (Shellharbour Peoples Association for Conservation and the Environment) conducted a beach walk along Shellharbour South Beach yesterday, 27th September 2005. Over 30 people took part in the walk which was held to refamiliarise people with the area of beach to be destroyed. The entrance will take out about 300 metres of the beach. It was pointed out that it would be hard to imagine any other Council allowing such a precious asset as a beach to be desecrated in such a way. People viewed the lagoon and the wetlands that will also be destroyed should the 350 berth marina go ahead.
Why: A social gathering to meet other people who feel that the destruction of South Shellharbour Beach should be opposed every step of the way. Can you think of any other place in Australia where this would even be contemplated? We'll take a short walk on the Beach Side and look at where the proposed Marina will cut through the beach.
Shellharbour Council is claiming only 90 metres of the beach will be lost. We'll have the plans there: you be the judge.
SPACE MEETING
Tuesday night 27th September
Shellharbour Public School Library
at 7:30pm
Help formulate future plans.
Everybody Welcome!
Regards, Russell, Mairi and John.
Please let Mairi or Russell know if you are coming.
Group Reactivates to Save Shellharbour South Beach
Recent developments relating to the Shellharbour Marina have resulted in SPACE (Shellharbour Peoples' Association for Conservation and the Environment) deciding to reinvigorate itself.
A spokesperson for the group, Russell Hannah, said that for some time now many people had believed that the boat harbour part of the development was not financially feasible and would never go ahead. Recent statements in the media indicate that the reality of the Marina is still firmly fixed in the minds of some of our councillors and senior council officers. On their part it is an act of faith rather than rationality.
The proposal for the Marina has been around since 1984, a time of high unemployment. This fact was used to support what is likely to be an environmental, ecological and financial disaster in 2006 and beyond.
Mr Hannah said that the new golf course is a clear example of the incompetence with which the scheme has been bedevilled. We have lost a perfectly good local golf course, that was popular with local players, was built largely by local volunteers and acted as a green belt between the Shellharbour Village and Shellcove. It has been destroyed and replaced by a course that most locals can't play on, that was grossly over budget, has severe design faults and that ratepayers have to subsidise by thousands of dollars a month just to keep it operating.
If the Golf Course continues to be a white elephant then many people are worried that it too will be turned into a housing development.
The cost of building the Marina is now estimated to be $100 million, which will of course be paid for from ratepayers' money. After spending over $163 million on the development so far, the surplus is under $2 million. As of the beginning of May, over 1100 blocks had been sold which represents about 38% of the total to be developed. The money derived from the sale of land (all owned by ratepayers) should be ploughed back into community facilities. $100 million would go a long way to an aquatic centre and other facilities that all residents can have access to.
The worst feature of the development, Mr Hannah said, was the damage it will do to Shellharbour South Beach. One third of it will be taken for the Marina Mouth and there is no guarantee that the rest of the beach will not be destroyed.
It is now over 20 years since the development was conceived and ten years since the Commission of Enquiry. Times have changed. The development of Shell Cove Estate and the 1200 houses already built there, as well as the developments in Flinders and Albion Park means there is even more pressure on our beaches. We can ill afford to lose any of them.
Mr Hannah concluded by saying that SPACE will be concentrating on informing the public about the problems associated with this development. The first sod has not been turned, he said, so it is not, as many people would have you believe, a 'done deal'. Public Opinion is a powerful weapon and we will be seeking to harness it in our campaign to preserve South Shellharbour Beach.
Shellharbour City Council has successfully defended a legal challenge in the Land & Environment Court mounted against the construction of the Shell Cove Marina.
The legal challenge was issued last year by opponents of the Marina, who were seeking to challenge the validity of consent for the $100 million component of the Shell Cove project.
Justice Talbot today found that development of the Marina had lawfully commenced and that consent for the project had not lapsed.
Council’s General Manager Brian Weir said today’s decision in the Land and Environment Court totally vindicated Council, and its project manager Australand, and clearly underlined that all procedures in the development were correct and appropriate.
“Today’s decision proves what Council has been saying all along – that we have followed due and proper process from the very beginning of this large and complex project,” said Mr Weir.
“Council was always confident that every detail of the project had been scrupulously planned and meticulously implemented to ensure we have a facility which is not only a great community asset, but one which complies with every standard,” said Mr Weir.
Mayor David Hamilton said he was sure the community would also be happy with the outcome as it confirmed that consent for the boat harbour was legally valid and had not lapsed.
“The $1 billion Shell Cove and Marina development is the single largest tourist-residential project ever undertaken by a local government authority in Australia,” said Cr Hamilton.
“Myimbarr is now nearing completion and marks a significant milestone in the project’s development.”
Cr Hamilton said Shellharbour City Council remained committed to the development of the project and just as committed to reconciliation with the Aboriginal community.
“Council has always actively worked with the local aboriginal community and we believe we have a respectful and genuine working with them,” he said.
“The Shell Cove Project remains the greatest opportunity for local aboriginal people in keeping their culture and history alive and vibrant for the next century.”
THE Shell Cove marina proposal heads back to the Land and Environment Court tomorrow as protesters continue their fight to stop the development. The court will hear an application that development consent for the marina has lapsed because no work was carried out within five years of the approval given in January 1997. The hearing comes amid separate claims that Shellharbour City Council could be in contempt of court after it cleared the Aboriginal tent embassy on the site last Thursday. The council switched tactics last week and dropped its Land and Environment Court action to remove one of the campers. That meant the council was no longer bound by an undertaking not to interfere with the campers while the application remained before the court. Instead, the council used its common law rights as owner of the land to clear the area on the basis camping on that site was illegal. The council said the unoccupied camping equipment was removed last Thursday, but protesters claim some tents were cleared earlier…. Mr Oshlack contended that last week's clearing of the embassy had provided him with further legal ammunition to press his case. 'An inspection of the land where the embassy was situated revealed 10 separate Aboriginal artefacts have been disturbed without consent,' he said. 'We've been putting together an affidavit for the litigation commencing Wednesday that this is in breach of the National Parks and Wildlife Act.'
To be added to the NSM e-list and receive critical updates on developments at the site and in the courts, simply send an email with subscribe in the subject line to noshellharbourmarina@hotmail.com
You will then be added to the NSM contact list, and will be able to participate in live forums and discussions online. If you do not have msn, you can still be added to the e-mailing list and will receive updates no more frequently than every 2 weeks.
Feel free to email an administrator with any queries or suggestions at the same address as above.
Unfortunately, on the 15th of April, the Shellharbour City Council cleared the Shell Cove Aboriginal Tent Embassy from their occupation of the dunes at Shellharbour South Beach. The area around the entrance and the site of the evicted tent embassy is now fenced off, with new "No Camping" signs places nearby.
But on an optimistic note, the legal representative for the Shell Cove Aboriginal Tent Embassy, Alan Oshlack, promises, "The embassy will be back, bigger and better than ever. The council is in for a big surprise within three weeks."
14 new photos of Shellharbour South Beach and the surrounding wetlands uploaded today.
Photos of the proposed development site and the Shell Cove Aboriginal Tent Embassy to be uploaded later this week
Copy of Shellharbour City Council's plans for the proposed marina and surrounding commercial/residential development to be uploaded as soon as they are obtained
"...although Shellharbour Council has the upper hand in the sense that it can build sub-divided hillside houses, the marina itself can never have an entrance across the beach because that's Crown land and that's part of the native title claim."
[see "Shellharbour's Marine Quandary" in related readings]
No Shellharbour MarinaPhotosProfileFriends
Tools 
Print
