Mood:
specialTopic: legal
Sent: Wednesday, November 12, 2008 11:12 AM
This resolution below based on council's own legal advice (discussed in secret session) was passed 13 to zero.
We spoke for 5 minutes with a 2 minute extension as did local environmentalist Bill Sneddon and Tom Bruce for the sandmine.
The public interest has been served in this chapter of a long running issue with this sandmine. Now we await any legal response by the sandminer Birdon Contracting Pty Ltd.
Of major concern now is the alternatively 11, 17 or 22 ha lake window which reduces Tinda Ck flow by 37 to 54%, the minimal $50K in rehabilitation bond available after 20 years of operation, and especially the very risky silt fines/quicksand only 1 to 4 metres below the water surface.
Notice part 3 of the recommendation is not about the sandmine which is on lot 2 but rather works that have illegally strayed onto lot 1. There is still no formal plan of how to close the sandmine - expert hydrologist Chris Jewell in his report for HCC says such a plan is needed as best industry practice. The HCC general manager said last night a closure/rehab plan was an operational issue they would need more advice on.
That:
1. The application under S96 to modify Development Consent DA0134/95, Lot 2, DP 628806, No. 6102 Singleton Road, Mellong be refused as, due to non-compliance with Condition 4 of the original consent, the consent has lapsed and Council is unable to consider the application.
2. A Notice of Intention to serve an Order be issued on the operator to cease operations due to there being no current consent for the operation.
3. A survey plan is to be submitted to Council within two months, showing the location of diversion works in relation to the property boundary. Should any works be located outside the property boundary of Lot 2 DP 628806, those works are to be removed immediately and the land rehabilitated to its natural state.
Background to the paper and comments on the report are here:
7th November 2008 Diamond Diary Part 6: Evidence of illegal operations of sandmine impacting world heritage Mood:sad Topic: legal
Thursday, 30 October 2008 Diamond Diary Part 5: Illegal works on crown land intercepting Tinda Ck headwaters Mood:
blue Topic: legal
Tuesday, 28 October 2008 Diamond Diary Part 4: Attacking the messenger, not the vandalism Mood:
don't ask, Topic: legal
25 October 2008 Diamond Diary Part 3: Getting to grips with the costs regime in the NSW Land & Environment Court, Mood:
not sure, Topic: legal
Thursday, 23 October 2008 Diamond Diary Part 2: How I went bankrupt 'doing litigation for Dixon Sands' Mood:
accident prone Topic: legal
Wednesday, 22 October 2008 Diamond Diary Part 1: Amazing career of environmental litigation Mood:on fire Topic: legal
Tuesday, 21 October 2008 World heritage vandal gets technical win in Land & Environment Court ...for now Mood:
16 October 2008 Hawkesbury City Council public duty to protect their World Heritage park in court Friday 9.30am Mood:
Friday, 10 October 2008 Misleading plan and letter by sandminer in threat to Blue Mtns World Heritage Area? Mood:
sharp Topic: legal
6 October 2008 Google Earth reveals illegal drain intercepting Tinda Creek to World Heritage area? Mood:
