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Local
resident opposition to ADI development as strong as ever
ADI RAG held an information
stall on the 20th of November 2005 at the annual Werrington Festival. We received strong support
from the local community which expressed its continued opposition to plans
to develop the rest of the ADI Site. It was an overwhelming NO to any
further development, there was no sitting on the fence with those that
came to talk to us.
We also ran a colouring
competition for the kids which was very popular.
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Mystery
surrounds visit of Army to ADI Site
ADI RAG heard that the Army
visited the ADI Site on Monday the 7th November. At this stage this is all
we know but we will endeavour to find out why. If the Army has been called
then one can expect that something dangerous and ordnance related has been
found.
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ADI
RAG lodge submission on DIPNR's Growth Centres Plan
ADI RAG put together a
submission commenting on DIPNR's Growth Centres Plan. Our Submission urged
them to lift the so-called Green Zone and look at real conservation outcomes
such as the creation of large biodiversity corridors. Download
pdf file here
2516kb
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Emu
put down after being attacked by site employee
ADI RAG was tipped off that an
Emu needed to be down after its leg was smashed by a brick thrown at it by
a person working at the ADI Site. A vet employed by Delfin Lend Lease to
sterilise Kangaroos was on the site and had to euthanase the Emu.
It is believed the worker was
a Hire Company employee working for Rodpak Pty Ltd. Rodpack lease one of
the many large buildings/factories remaining on the site off Lend Lease (a
nice little earner). It is believed he was dismissed by Rodpack
immediately and that some employees were so upset that they wanted to sort
him out for his act.
This was an act of animal
cruelty, a criminal act, yet it was not immediately reported by Delfin
Lend Lease to the RSPCA or the Police. Instead they held off for three
days and then contacted their friends at the Department of Environment and
Conservation to investigate the incident.
ADI RAG found out about the
incident 10 days after it happened and alerted the Sydney media. We were
shocked that Delfins vet had not reported the incident asap to the RSPCA
or the Police, and that in 10 days DEC had not done anything to try to
find the perpetrator. It smelt of a cover up by Lend Lease who are always
trying to avoid attention being drawn to their development site.
ADI RAG reported it to the RSPCA to
investigate. We also contacted DEC and it turned out our old mate Jonathon
Sanders was in charge of the investigations, how predictable. He claimed
there were no witnesses to the incident, yet he strangely knew that the
Emu had apparently tried to steal the workers lunch (he implied the Emu
caused the incident) and that the worker no longer worked at the site. How
hard would it be to talk to Rodpak and get the details of the worker and
then go and interview him. If his co-workers were so incensed by his deed
that they wanted to bash him for it then surely there must have been
witnesses. There is definitely something dodgy about all of this, the
official line from DEC and Delfin is that there were no witnesses and that
no one knows what happened to cause the Emus leg fracture.
Another pathetic example of DEC's inability
to defend our wildlife yet defend the developer. This person has committed
a crime and has gotten off scott free. ADI RAG will keep on DEC's back
over this.
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Delfin
Lend Lease taken to Fair Trading over contamination misinformation
ADI RAG has lodged a complaint
with the NSW Dept of Fair Trading about the deliberate misleading of the
public by Delfin Lend Lease. DLL has been caught out telling members of
the public that the ADI Site is 100% clear of contamination and that it
has certification proving this. This follows recent findings of more live
ammunition at Ropes Crossing.
Members of the public have
approached ADI RAG with these claims by DLL managers and sales staff. An
audio tape was given to ADI RAG which contains Arthur Ilias, DLL Ropes
Crossing Project Director, telling members of the public at one of DLL's
Ropes Crossing sales promotion events, that there are no contamination
concerns at the ADI Site, that the site is clean (See below transcript).
Other people that have contacted ADI RAG claim that Ropes Crossing Sales
Staff were asked about the contamination concerns surrounding the site and
they too replied that the site is 100% cleaned up.
This information is false and
misleading. They are bound by the Fair Trading Act 1987 to be open and
honest about the condition of the product they are trying to sell (the
land at Ropes Crossing). Peddling misinformation and withholding from the
public the facts about land contamination and the recent finding of live
ammunition at Ropes Crossing appears criminal. This is a major public
health and safety issue, people coming to buy land at Ropes Crossing need
to know the truth, they need to know the risks involved.
See our latest media
release.
Transcript of Arthur Ilias
of Delfin Lend Lease, at the Ropes Crossing Information Night held
at Penrith Panthers, answering questions from members of public about
contamination of the ADI Site.
Delfin Lend Lease
Salesperson
“Hi how are you”
Member of the public
“I have done a bit of
research about the asbestos…inaudible… and I was wondering, wondering
if the asbestos has been taken away and I was wondering whether or
not…inaudible…”
Delfin Lend Lease
Salesperson
“Inaudible…what I’ll do
is get you to talk to Arthur Ilias our Project Director. “
Member of the public
“Inaudible…about the
cleanup…inaudible”
Arthur Ilias Delfin Lend
Lease Project Director
“From 1993 to 1999 the
Federal Government undertook an extensive remediation program um and and
spent a considerable amount of money, the Federal Government owned the
land, they they did the cleanup. That process which there was an enormous
amount of documentation was audited by the EPA the the NSW Government and
an audit certificate was provided for the whole site.”
“So in 1999 an independent
audit says the site is now suitable for further development except
a couple a couple of little parts, one was under existing buildings and
existing roads so they said we couldn’t test under existing buildings or
bitumen roads so we need to pull those up and to test underneath to make
sure that they’re clean, so we provided a clearance for the whole site
but…inaudible…said but there might be some areas where as you do your
construction work… inaudible…and that is just part of what called a
remediation action plan.”
“But from 1999 once we had
had that certificate in place the site was independently audited and it
was cleared. So uh from our point of view from Lend Leases point of
view well from the Federal Governments point of view they when we bought
the site off them last year they…inaudible…you know that they had an
auditor that said the site was clean, so, we have to accept that as
the appropriate standard which is the highest possible standard that
anyone can get, we accept that as as the site being clean and
remediated.”
Second member of the public
“It’s just that I worked
for Defence and I worked with guys that used to work on that site and they
with all the…inaudible… stuff that’s going on with the asbestos and
stuff like that they say you wouldn’t find half the stuff that’s been
put in the ground there.”
Arthur Ilias
“Yeah, look I I wasn’t
involved then Com uh uh ADI and Comland were the people involved. What
what there was quite a detailed process they went through from 93 to 99,
they spoke to people who’d worked on site, they had a whole lot of
records, they also used sub surface equipment to, they could work out
where any land had been disturbed. There there was that five or six
different methodologies that they used, they just didn’t rely on oh well
I think there might have been something records say there might have been
something so lets check here. There are whole fields of enquiry. There was
a video out that our opponents talk of…inaudible… Earle Grebert, now
Earle…inaudible…what was captured on that tape was Earle Grebert
saying I wouldn’t live there because…inaudible…if you watch the
video in totality what he says at the end is, until the site is cleaned
up. Now that video was made in 91, he died in 9?… but Earle was part of
the people interviewed he actually went back…inaudible…and said yes
fantastic. So there there was an incredible amount of work done, a range
of methodology uhm at the end of the day you undertake the
work…inaudible…we’ve got records, or the Commonwealth have got
records, of the material that was taken, what material it was then you can
identify that…inaudible…that’s what was there that’s the quantity
here it was taken off site and here’s where it was taken to. So and and
I’ve had I’ve had Councillors State Government and a whole lot of
people and we have made it open to all stakeholders and say there’s the
documentation…inaudible…
Second member of the public
“So you’re not
guaranteeing…inaudible…some estates in Western Australia built on old
uh and in Queensland built on old firing ranges are only guaranteed to a
certain depth.”
Arthur Ilias
“No uh look there is a site
audit statement the site audit statement says the site is fit for urban
development.”
Ends..
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More
live ammunition found at Ropes Crossing. How can this land be sold to the
public?
ADI RAG is shocked to learn that workers accidentally
found a large quantity of .50 calibre live bullets at Ropes Crossing,
Delfin Lend Leases, first residential release area of the ADI Site.
Only last month workers found hundreds of
bullets, bomb fuses and asbestos in an area adjacent to Ropes Crossing.
This latest find shows that these are not one in a million finds, the
regularity of these finds demonstrates that the supposed decontamination
of the ADI Site from 1993 to 1999 has failed.
Innocent members of the public should not be
put at risk. Land sales at Ropes Crossing should stop until the site is
re-assessed and fully remediated.
The Daily Telegraph covered the
latest finding of live ammunition at Ropes Crossing.
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Mass
sterilisation of Kangaroos commences
Delfin Lend Lease has
commenced its mass sterilisation of the ADI Sites Kangaroos. The Sydney
media has picked up on this with ABC Radio 702 and Channel
Ten News giving good coverage.
ADI RAG has concerns about the
humane treatment of the Kangaroos. We are led to believe that Delfin Lend
Lease is having major problems with its implementation of this program and
that many roos are being injured or killed and Joeys are being abandoned
because of their mistakes. Sterilisation of this
many Kangaroos has never been attempted in Australia before.
We have called on the NSW
Environment Minister, Bob Debus, to stop Delfin Lend Lease from continuing
with its program until an independent animal welfare organisation is found
to oversee their entire process. It is unethical for the developer - who
really is only concerned about minimising its costs - to be policing
itself during this process. Contact
Bob Debus today.
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Ropes
Crossing Vigil
The weekend vigils have
successfully annoyed Delfin Lend Lease with their CEO, Rod Fehring and
Sydney Regional Manager, Simon Pagett, questioning our signs and slogans.
What is noticeable is the
pathetic number of people visiting the Ropes Crossing Sales Office. We
have been outside their office for three weekends and we would have only
seen 25 cars drive in, many simply turned around and left. This must be
frustrating for Delfin Lend Lease as they have been advertising Ropes
Crossing land for sale for nearly 12 months and spent massive amounts of
money on advertising.
We have renamed Ropes Crossing
- Asbestos Crossing
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Action
against Lend Lease back on
The action against Lend Lease
is back on and will commence this Saturday the 23rd of July 2005.
The action will be weekend vigils (Sat and Sun) outside of Lend Leases
Ropes Crossing Sales Office, on the corner of Forrester Rd and Ellsworth
Dr near Tregear. The vigil will commence at 10am each weekend. Please join
us.
There has always been a question mark about the suitability of the ADI
site for human habitation. Despite a so called extensive remediation
process from1993 -99 in 2005 workers at Ropes Crossing are randomly
unearthing asbestos and unexploded ordnance in an area zoned for urban
development by the State Government. Daracon, the company employed by Lend
Lease to do the earth works, despite these finds, continues to work on
without alerting their union or Workcover. Why? Lend Lease is running the
line with the media that these finds are not in areas earmarked for
housing. It has been left to Whistleblowers to alert the media to the
latest finds.
Our action will alert the public, the government and the media to this
public health and safety time bomb. Development of Ropes Crossing must
stop until there is an investigation by government authorities of Lend
Leases development and the so-called remediation process ending in 1999.
The NSW Greens are calling for this as well. If the site is still
contaminated then there are two options, the Federal Government ( the
original polluter) returns and cleans it up again or the development
stops. Someone in authority has to do something to stop Lend Lease putting
innocent workers and future residents at risk.
Many people contemplating purchasing land at Ropes Crossing would not know
that Ropes Crossing was part of a former munitions factory and that the
site was extensively contaminated. They would not know that radioactive
waste was stored there for 25 years (www.adisite.org/ADI_Site_History.html)
Lend Lease will not tell them this. It is up to us.
Bring your signs or something to paint one on. If you can't make it this
weekend then catch up when you have a day or a few hours free.
The ADI Campaign lnfo line is 9990 4535 this has a brief overview of what
is happening, you can leave us a message. www.adisite.org for the ADI
Residents Action Group Inc website.
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NSW
Department of Environment and Conservation to reconsider size of Regional
Park and size and location of drainage basins following ADI RAG lobbying
efforts
ADI RAG has received a letter
from Scott Cardamatis, the Policy Advisor to NSW Environment Minister Bob
Debus, stating that DEC is reconsidering its earlier position of only
wanting to accept 865 hectares of the promised 900 hectare Regional Park.
Mr Cardamatis met with ADI RAG several months ago and he claims that
following that meeting he had DEC officers undertake further assessment of
the Residual Register of the National Estate and that now DEC is
considering a Regional Park of 878 hectares.
This stills falls short of
an acceptable outcome in regards to the size of the RP but it proves that
there is room to move in negotiations.
Mr Cardamatis also has sought
a review of the size and location of the drainage basins that are going to
be constructed on National Estate Listed land within the Regional Park. He
claims that Lend Lease are investigating the drainage basin requirements
and that imminent amendments to SREP 30 will address the size and location
of drainage basins.
ADI RAG's position is that the
proper place for the drainage basins is within Lend Leases development
land, not within public land set aside for conservation. One of the
proposed drainage basins is located next to the fence line in the south
west corner of the ADI Site it is 7.4 hectares in size. This basin is
solely proposed to treat the urban runoff that flows through Penrith
Council owned land. Just before it enters the site there is a council
owned drainage basin that could be upgraded to negate the need to bulldoze
7.4 hectares of native vegetation including large Forest Red Gums. ADI RAG
have let Penrith Council know that they can fix this issue up. Contact
them and tell them to get their act together. Penrith
Councillors
Download
Letter from Bob Debus Advisor - 10th June 2005.pdf 74kb
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ADI
RAG Stalwart Bernie Laughlan protesting against Carr Government amendments
to the NSW Environmental Planning and Assessment Act
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Jackie
Kelly responds on behalf of Federal Government to snuff out Penrith
Council plans to review National Estate Listing
Jackie
Kelly has responded swiftly to negate claims by Penrith Council that a
resolution to the impasse over the size and management of the Regional
Park can be resolved if the Federal Government make changes to the
boundaries of the 828 hectares of the site listed in the Register of the
National Estate.
Penrith Council
is seeking a change to the 1999 National Estate listing whereby a land
swap can be achieved with the developer, Lend Lease, that results in no
net loss of Regional Park and no net loss of land that Lend Lease can
develop - and profit from.
Council wants to
create a 900 ha RP (no bigger) with smooth boundaries but their proposal
would mean that land currently listed in the Register of the National
Estate would end up being developed for housing and that land the Federal
Government claimed was of little conservation value - land they rejected
for RNE listing - would become part of the National Estate.
The question is
why is Penrith Council not seeking to increase the size of the RP through
a rezoning when the Carr Government amends SREP 30 shortly? Why are they
resorting to such drastic environmentally destructive solutions when other
solutions exist? Why are they trying to achieve a good development outcome
for Lend Lease?
Media
Release
Jackie
Kelly MP Member for Lindsay
June 9, 2005
No land swaps
Claims
that the Department of Environment and Heritage will trade RNE land for
non-listed land at the ADI site are completely unfounded.
The
Australian Heritage Council is the statutory body, not the Department of
Environment and Heritage, which compiles and maintains the Register of
the National Estate (RNE). Only the Council can make changes to the
boundary of a place listed in the RNE, and then it can only do so on the
basis that RNE values are present in the land to be included or absent
from the land to be removed.
The
Department has advised me that there are no proposals before Australian
Heritage Council to modify or amend RNE boundaries at the former ADI
site, or any other place in the RNE.
The
Commonwealth Government is not involved in the current discussions
between local and State governments concerning the boundaries of the
Regional Park. However, the Commonwealth Government has provided clear
guidance for the State Government’s planning process on the
requirements to protect all RNE listed land at the site.
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Penrith
Council collusion with Federal Government putting National Estate bushland
at risk
An impasse exists over the
final size of the Regional Park (RP). The NSW Government proposes only to
accept 865 hectares as RP whilst Penrith and Blacktown Councils demand a
900 hectare RP
Penrith Council has suggested
a proposal that will create a RP of 900 hectares with smooth manageable
boundaries. This, on the surface, appears an ideal option until you
carefully consider what actually is being proposed.
Penrith Councils proposal is
to do a swap with Lend Lease, we give them land listed in the Register of
the National Estate in exchange for land that they propose to develop.
This trade off will result in a RP no bigger than 900 hectares but which
also has nice smooth boundaries.
Council has contacted the
Federal Governments Department of Environment and Heritage - which manages
places listed in the Register of the National Estate - seeking approval
for this proposal. Council claim that DEH told them that changes to the
National Estate listing and alterations to the listing boundary could be
considered.
This proposal if taken to its
full extent would mean that rare Cumberland Plain vegetation currently
protected by the National Estate listing will lose this protection status
and be developed whilst vegetation that DEH has consistently claimed had
no conservation value and therefore was rejected for RNE listing is now
protected.
Penrith Council announced this
proposal and that it had spoken with DEH at the latest Community Reference
Group meeting assisting the NSW NPWS development a Plan of Management for
the RP. The concern is that Lend Lease and NPWS were immediately
interested in this proposal. This proposal means that Lend Lease does not
lose any land to develop so they were very keen.
ADI RAG opposes this proposal
because it is unethical. It means that more bushland with legitimate
rights to protection will be sacrificed for political expediency. That we
live with the lie that the amended National Estate listing and the newly
shaped RP actually protects the sites remaining conservation values.
Penrith Council and the
Federal Government should hang their heads in shame if this proposal gets
off the ground. Now that Lend Lease and NPWS are aware of this possibility
it may be pursued by them with ernest.
ADI RAG believes that the RP
should be increased to well over 900 hectares by taking development land
from Lend Lease. This is the only ethical way to protect the National
Estate and create a Regional Park that has smooth manageable boundaries.
Lend Lease could willingly hand back some of its land to resolve this
impasse or the Carr Government, if it has the political will, could flex
its muscle and rezone Lend Leases land as conservation then compulsorily
acquire it.
This excerpt is from
Penrith Councils June 6 ADI Site Report. The Reports authors are being
deceptive they fail to state that they have had discussions with DEH. They
only include cryptic references to what they are really up to (see
highlighted passages)
Excerpt
The concept of
‘boundary smoothing’ of the residual RNE listed lands and the
adjacent lands should be investigated. This
would provide a potential means by which
a more effective boundary and management approach to the Regional Park can
be achieved. It is relevant to note that
this process was pursued by DEC and DIPNR in
1997 when the existing zoned Regional Park was determined and areas of low
and medium conservation value were
included within the proposed park to ensure effective
management precincts. We have suggested DEC adopt this approach to get
these residual RNE lands or
equivalent areas into the Regional Park. This commitment
should be based on a principle of ‘no
net loss’ in total area available to conservation,
ie, approximately 900 ha.
Download full Report Penrith
Council ADI Status Report.pdf 265kb
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Penrith
Council reveals its proposal for recreation in the Regional Park
This excerpt
below is from a status report by Penrith Council on what is occurring at
the ADI Site. In the report Council reveals a proposal it may take to the
NSW Government for extensive recreation in the Regional Park.
ADI RAG oppose
Penrith Councils policy of seeking unrestricted public access to the
Regional Park and high impact recreational uses and facilities because of
the threats they pose to the ADI Sites high conservation values.
From Councils
Report
Recreation
Opportunities within the Regional Park
Section 30H of
the National Parks & Wildlife Act 1974 identifies opportunities for
recreation as
a primary management principle for a Regional Park. Notwithstanding this,
the briefing paper presented to the
CRG by DEC nominates limited recreation and visitor opportunities (walking
and cycling) within the majority of the Regional Park.
Given the
Government’s nomination of a Regional Park and in considering the
opportunities the
site possesses to provide a more wide ranging opportunity for recreation
experiences ranged around the
environmental values and significance of the site, we believe that there
would be a number of additional activities
which would be suitable in various locations on the
site. There is also ample opportunity to ensure that the more
environmentally sensitive areas
of the proposed Regional Park can be identified and managed accordingly.
It is considered
that the following principles and opportunities for potential recreation
outcomes should be
investigated by DEC:
expanded beyond just walking and
cycling, consistent with the site’s environmental values;
That a range
of appropriate recreational uses which has wide community appeal be
permitted at suitable locations within
the Regional Park. This approach would also consider
the potential for commercially-based uses such as eco-tourism and
environmental education/research which
may provide a recurrent income stream to assist
in offsetting ongoing management costs of the Regional Park;
Additional
recreation precincts and activities such as those listed below should
be given
consideration so a unique visitor experience for the Regional Park can
be obtained,
balanced against the need for conservation:
- Bush
Education Precinct
A Bush Education
Precinct could be established which could provide for bush
camping, eco-tourism cabins, an
environmental/indigenous education centre, a bush
amphitheatre, picnic/barbecue facilities and other suitable activities;
- Family
Activities Precinct
This would
include uses such as picnic/barbecue facilities, informal open areas,
visitor facilities,
shelters and adventure playground.
- Kangaroo
Park Precinct
A fenced kangaroo
area could be provided which is associated with viewing
platforms, Regional Park entry facilities,
visitor facilities, picnic and barbecue facilities,
and cycleways and walking tracks.
A map is appended
to this report which indicates potential suitable recreation precincts and
opportunities within the Regional Park. It
is recommended that
Council endorse the abovementioned
opportunities for consideration by DEC.
Download full Report Penrith
Council ADI Status Report.pdf 265kb
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DIPNR
to commence amending SREP 30
DIPNR has informed Penrith
Council that it is commencing the amendment process for Sydney Regional
Environmental Plan 30 St Marys (SREP 30).
An amendment of SREP 30 means
that the public gets a say in the draft amended plan. It is an opportunity
to lobby for real change. This is the time to call for the Carr Government
to protect more of the ADI Site and reverse bad planning decisions like
allowing Lend Lease to fill massive areas of the South Creek floodplain.
DIPNR has obviously had
extensive discussions with both Penrith and Blacktown councils about what
is being proposed. Penrith Council has revealed some information about the
proposed amendments to SREP 30 by DIPNR in their recent ADI Site status
Report. Interestingly Penrith Council has not included in its report that
it intends to oppose any filling of the floodplain. They argued strongly
against any filling of the floodplain when SREP 30 was first exhibited in
2000. Penrith Council has obviously back flipped on opposing massive
filling of the floodplain.
This excerpt from Penrith
Councils Report
DIPNR has advised
that the reason for preparing the draft amendment is to adjust zone
boundaries to reflect the Commonwealth’s decision to conserve all of the
RNE listed bushlands.
Amendments to the
following matters within the Plan are proposed:-
Structure Plan, zone
boundaries and other items;
Improving the operation of the Plan;
Review of the location and number of retail centres;
The size and location of employment zones;
The location and area required for drainage;
Access arrangements to the site;
Appropriate protection for the residual RNE land.
Additional
matters for consideration include:-
A review of the
deferred matter, a narrow strip of land abutting residential properties
in Cambridge Gardens that was deterred under SREP 30;
A review of permissible uses in the Employment Zone;
Consideration of a possible north-south transit corridor through the
Eastern Precinct and Regional Park linking to Stoney Creek Road.
Ends....
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Lend
Lease lodge its Dunheved Precinct Plan with Penrith and Blacktown Councils
Lend Lease has lodged its
Dunheved Employment Precinct Plan with both Penrith and Blacktown
Councils. This 30.3 ha Precinct is within both Local Government Areas thus
the need to lodge plans with both the Councils.
Almost the entire 30.3 ha is
flood prone land and is to be filled. This is a very controversial
development. Both Councils are reviewing the plan before seeking
endorsement from a Council Meeting to publicly exhibiting the Precinct
Plan.
Both Councils have policies
that oppose filling of the floodplain, yet both Councils support Lend
Leases development of the ADI Site. It will be a very interesting
assessment process.
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New
Threatened Species Legislation may be enforced at ADI Site following
amendments to SREP 30
DIPNR and DEC have informed
Penrith Council that it intends to implement changes to NSW Threatened
Species Legislation during the SREP 30 review amendment process.
Some aspects of the new
amendments to the legislation have been criticised and labelled 'developer
friendly'. Biodiversity Certification is one such new amendment that has
attracted criticism.
DECS website gives this
explanation of Biodiversity Certification
The Amendment Act enables
the Minister for the Environment to certify Environmental Planning
Instruments (EPIs) if satisfied that they will bring an overall
improvement or maintenance in biodiversity values. This new scheme will
encourage councils to address biodiversity and threatened species in the
strategic planning stage. A separate threatened species assessment will
not be needed for development applications in areas that have certified
EPIs.
Biodiversity
certification will be most relevant to local government areas with high
development pressure and high biodiversity. A cooperative program
between State and local government will be established to facilitate the
certification of new EPIs for priority areas including the Far North
Coast and the Lower Hunter.
This means that Environmental
Planning Instruments, such as SREP 30, that cover entire regions, will
only be assessed once, to ascertain the presence and extent of threatened
species. Removed is the ongoing checks and balances of successive
environmental assessment throughout the planning process. One dodgy
assessment in the beginning or an expedient political decision by the Environment
Minister could result in massive ecological destruction.
Penrith Council had this
excerpt in their recent ADI Status Report
Biodiversity
Certification:- The State Government has
recently passed an amendment to the Threatened Species Legislation which
provides a mechanism for a planning instrument to strategically identify
biodiversity conservation areas based on extensive environmental
assessment. The Minister for the Environment may grant certification to
a planning instrument that seeks to effectively promote conservation of
threatened species, populations and ecological communities. This would
have the effect of not requiring separate threatened species assessments
or concurrence at the DA stage, as would otherwise be required under the
provisions of the Environmental Planning & Assessment Act, for
activities that are consistent with the plan as certified.
We understand
these relevant amendments to the Act have not yet commenced. It is
understood DIPNR and DEC will be giving consideration to the
implementation of the biodiversity certification process during the REP
review. This process has the potential to ensure certainty in relation to
those areas of the site which have been identified for both conservation
and development purposes. As such, it would be appropriate to seek DIPNR’s
clarification of the intention to use these provisions and when the
legislation will take effect;
Yeah right!! This
is Penrith Council salivating at the thought of not having to be put
through the wringer by ADI RAG when it assesses all Lend Leases Precinct
Plans, Concept Plans, Subdivision Plans and Development Applications.
These amendments get Councils off the hook. No wonder they are supporting
it.
If this new
legislation is implemented with the amendment of SREP 30 one doubts that
the Minister will commission or enforce any fresh studies of the ADI Site.
Lend Lease will argue that the site has been extensively surveyed and
mapped for flora and fauna. DEC will support them.
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Lend
Lease letter to Diane Beamer - ADI Wetland
Find
out more about this letter to Diane Beamer
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Penrith
and Blacktown Council challenge NSW Government plans to shrink the
Regional Park
Penrith and Blacktown Councils
have finally spoken out against plans by the NSW Governments Department of
Environment and Conservation (DEC) to excise 35 hectares from the promised
900 hectare Regional Park.
Both Councils are members of a
Community Reference Group (CRG) assisting DEC to develop a Plan of
Management for the Regional Park. Their comments were made at the CRG's
recent May 17 meeting.
Both Councils called for DEC
to finalise the boundaries of the Regional Park so that SREP
30 - the plan allowing the site to be developed - can be amended once
and for all. They chastised DEC Officers comments that decisions to add
more land to the Regional Park may be made after the Plan of Management
has been gazetted. These comments demonstrated a selfish approach by DEC ,
that they have no regard or understanding of a logical planning process.
The boundaries of the RP must be finalised before SREP 30 can be amended.
Further changes to the Regional Park would mean a further change to SREP
30.
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Regional
Park and National Estate under threat
Media release 24th March 2005.pdf
There is a massive injustice occurring. We were promised by all levels of government and
Lend Lease that a 900 hectare Regional Park would be created that also
protected the 828 hectares of the site listed in the Register of the
National Estate (RNE). The conserved lands were meant to stay in public
ownership, simply transferred from Commonwealth ownership to State
ownership.
The 828 ha of RNE lands was
not meant to end up in the hands of Lend Lease yet that is what has
happened.
See below extract from correspondence with the Federal
Department of Environment and Heritage (2003).
The NSW National Parks and
Wildlife service have now revealed that the Regional Park it plans to
create will not include all of the lands listed in the RNE, that the
Regional Park will only be 865 ha.
Lend Leases maps also reveal
that approx 15 ha of RNE land within the Regional Park is to be destroyed
to accommodate Lend Leases drainage basins.
The NSW Development Agreement
referred to in the above extract is the St
Marys Development Agreement.pdf 554kb. The SMDA is a legal agreement
signed by the NSW Government, the Federal Government and Lend Lease.
Contrary to what is stated in the above extract from the Federal
Environment Ministers Office, clauses have been included in this agreement
that the NSW Government does not have to accept all of the 828 ha of RNE
land and that if they don't accept all of it as Regional Park then
management of those areas of the RNE not accepted will remain with the
land owner. As Lend Lease now own the ADI Site that means they are left
owning and managing RNE lands.
This is not
what we were promised. We were promised that 900 ha would be set aside as Regional
Park in public ownership and a further 50 ha as Regional Open Space in
public ownership.
Thousands
of people supported the saving of the whole site. We have, reluctantly, had to
accept the sad compromise that only 900 ha would be set aside for
conservation. Yet even this compromised area is under threat.
It is an absolute insult that this process has been corrupted to the
extent that public land listed in the RNE may end up being managed by a
property developer.
Below
was Lend Leases 2003 commitment that 900 ha of the ADI site would become
Regional Park. They have deceived us and proven what poor corporate
citizens they are.
Follow
this link for more details on these issues
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NPWS
ignores John Howards 100ha Central Park
In February 2004 Prime
Minister John Howard announced that a 100
hectare Central Park at the ADI Site consisting of 40 hectares for sport
and another 60 hectares for passive recreation would be created.
The fine print of this
announcement revealed that there was no new land set aside it was an old fashioned smoke and mirrors illusion. The sporting
part would be within the 40 ha area zoned as Regional Open Space and the 60 ha passive recreation part
was to go within a part of the Regional Park that was not listed in the Register of the National
Estate.
There was always an
expectation that land zoned as Regional Open Space may be used for
sporting purposes and that the Regional Park may be used for passive
recreation. Of concern for ADI RAG was that this announcement implied that recreation
outcomes rather than conservation outcomes would be achieved within 60 ha
of the Regional Park.
On March 15, 2005 the NSW NPWS
revealed maps of proposed recreation uses within the Regional Park (See
below). It revealed a proposal to exclude any recreation from a large
percentage of the site because of plans to revegetate that area. (zone 3
on the map) The area that NPWS wants to exclude recreation from also
happens to be part of the same area that John Howard announced would be
used for passive recreation. The NPWS recreation maps reveals that about
<20 ha (zone 5 on the map) of John Howards Central Park could be set
aside for passive recreation.
This potentially could be
embarrassing for the Federal Government as $4 million was hacked off the
sale of the ADI Site so that Lend Lease could construct Central Park. It
apparently forms part of the sale contract.
ADI RAG believes that the 100
ha Central Park should not go on land that is meant to be retained in
public ownership for conservation purposes. Lend Lease should provide the
land for Central Park within their development precincts. If it must go
somewhere it should go within the Central Precinct as this part of the
site is flood prone and is where Lend Lease propose to fill 60 ha of the
South Creek floodplain. This would resolve a lot of future planning
headaches for Penrith Council
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NPWS
rejects need for Regional Park feral proof fence
A potential State and Federal
conflict is brewing over the issue of whether a feral proof fence should
be constructed around the land set aside as Regional Park.
The NSW National Parks and
Wildlife Service are claiming that a feral proof fence around the Regional
Park may not be a good conservation measure see below story from the Daily
Telegraph (21/3/05)
ADI RAG and other groups have
held concerns for the sites flora and fauna and how it will cope with the
pressures of urban development. In order to ensure the remaining native
wildlife in the Regional Park has half a chance we lobbied Jackie Kelly,
the local Federal Member for Lindsay, for federal funding to construct a
feral proof fence around parts of the site set aside for conservation
purposes. $1.1 million was approved and offered to the NSW Government.
Not surprisingly the NSW
Government has ignored this funding offer and the NPWS recently stated its
opposition to feral proof fencing. Why? Lend Lease are now implementing a
program to reduce the number of Kangaroos on the site. NPWS are overseeing
this process and have imposed numerous conditions on Lend Lease including
the construction of macrofauna proof fencing around parts of the Regional
Park to ensure sterilised and translocated Kangaroos do not re-enter the
Regional Park. NPWS do not want to be stuck with managing Kangaroos in the
Regional Park and because of the threat they pose to public safety.
Lend Lease have agreed to pay
for the macrofauna fencing (which is normal cyclone fencing) therefore
NPWS is happy with this outcome. NPWS do not share our concern of ensuring
the Regional Park is impermeable to cats, dogs, foxes and other feral
animals. A state of the art feral proof fencing system is in the too hard
basket for them, they just want a basic fence that keeps the Kangaroos out
of the Regional Park.
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ADI
Site asbestos concerns fall on deaf ears
ADI RAG is dismayed that the
NSW Environment Protection Authority and the Asbestos Diseases Foundation
of Australia have downplayed asbestos concerns at the ADI Site despite
fresh evidence of the presence of and inappropriate disposal of asbestos
by construction workers employed by Daracon, the company carrying out
earth works for Lend Lease.
ADI RAG first met with the
President of the Asbestos Diseases Foundation of Australia (ADFA) in
January to discuss concerns about random asbestos finds, amounts of
asbestos still on site and ongoing reports of unrecorded tips sites across
the site containing asbestos.
On the 29th of
January ADI RAG filmed asbestos piping that was found atop of and at the
base of massive stockpiles of crushed concrete. These stockpiles of
concrete had in 1999 been validated by contamination experts as free of
contamination yet asbestos was found. Lend Lease had proposed to recycle
this and other stockpiles on site as land fill and/or roadbase.
The ADFA President went on to
announce to the media a call for Lend Lease and the State and Federal
Governments to provide some guarantees to future landowners that all
blocks of land sold by Lend Lease were 100% free of asbestos fibres. They
called for special asbestos certificates. See ADFA
media release pdf
ADI RAG wrote to Bob Debus the
Minister in charge of the Department of Environment and Conservation
(DEC), which the Environment Protection Authority (EPA) is now a part of,
to inform him of asbestos finds and concerns at the ADI Site. We received
no response. See Bob Debus Feb 2 2005.pdf
On the 13th of February
Channel Nines Sunday night news aired the footage of our asbestos find.
The following day ADI RAG contacted Bob Debus's Office and that afternoon
the EPA had agreed to meet with us to investigate our concerns. (its
amazing how quick they react when the Sydney media gets involved)
ADI RAG had wanted this
process to be handled formally, hopefully transparently, that is why we
pushed Bob Debus's Office to get the EPA involved. We were concerned by
the ADFA's response of meeting privately with the developer and allowing
them to dictate the investigation process.
Apparently the ADFA met with
Lend Lease and was taken to the stockpile area by Lend Lease and no
asbestos was found. Which was not surprising as Lend Lease had been there
earlier and removed it and other recently dumped rubbish. They also drove
to a location where an ex employee of ADI Ltd had shown the ADFA on a map
the site of a pit containing asbestos dating back to 1989. Again no
obvious evidence of a pit existed, which may be explained by the
fact the claim dates back to 1989.
Following this cursory visit
in the company of the developers it was evident that the ADFA's asbestos
concerns had wained.
Regardless of that outcome ADI RAG informed the EPA
that it wanted them to conduct another, official, site visit with us, the ADFA
and Lend Lease to investigate our concerns. The EPA was unaware that Lend
Lease and the President of the ADFA had already had a private meeting at
the ADI Site.
A 2 hour site visit took place
on the 2nd of March involving two EPA Officers, three ADI RAG reps, the
President of the ADFA and three Lend Lease reps. A briefing was held
before hand and we stated that we had wanted to show the EPA parts of the
ADI Site where asbestos had been found, including parts of the Regional
Park. We were dismayed to learn that they would not investigate our
concerns about the asbestos found in the Eastern Sector Regional Park
because it was the subject of current remediation works being carried out
under Lend Leases Remediation Action Plan (RAP), approved last year by
Craig Knowles.
This was a major blow as the
RAP in no way is looking for asbestos in the Eastern Sector. The EPA then
stated that we take up any asbestos concerns with the Independent Auditor
who is to check Lend Leases RAP for compliance with the contaminated lands
act. This clearly appeared as if the EPA was trying to wash its hands of
any further investigations. We gave them two A4 pages of concerns
pdf about asbestos, which we had earlier faxed to Bob Debus, they said
that they would not answer these questions.
It was clearly spelt out that
the EPA would only investigate the asbestos concerns with the stockpile area. We all drove to the
stockpile area and the EPA was shown an asbestos pipe at the base of the
concrete stockpile that Lend Lease and the ADFA had failed to locate. The EPA
photographed it but amazingly left it on site for Lend Lease to remove and to
test. We walked to the top of the stockpiles and showed them where other
asbestos piping was found and filmed. It and construction waste from
Daracon had been removed.
At this stage it was revealed
by Lend Lease that the asbestos piping we filmed had been put there recently after
it had been dug up during earth works in the Eastern Precinct. We
clearly stated our concern that the stockpile area was supposedly clean
fill and that Lend Lease should not be using it to dispose of contaminated waste. We
stated that had we not blown the whistle this practice would have
continued with the threat that asbestos may have
been crushed up with the concrete when it is recycled spreading asbestos
fibres into the air.
The EPA noted these concerns
and Lend Lease stated its intention to put any fresh unearthed rubbish on
a new separate stockpile. They also stated that they intend to undergo the
painstaking job of sifting through the millions of tons of stockpile to
identify and remove any material that cannot be recycled. It is highly
doubtful that such a process will be thorough and we have urged the EPA to
oversee Lend Leases actions during this process.
On the question of how much
asbestos remains on site Lend Lease admitted that
kilometres of asbestos piping probably remains underground. The EPA's
response to this and the anecdotal evidence from ex ADI Ltd employees of asbestos in unrecorded tip sites was that this was the best
place for it.
This site visit proved that
there is asbestos at the ADI Site yet no one in any formal capacity is
prepared to do anything about it. The ADFA was asked if it was still
insisting that the developer and governments provide certification to
landowners that all blocks sold are 100% asbestos free. It has now
retreated from that position and is agreeing that Lend Lease only need
provide copies to landowners of Site Audit Statements. These statements
are issued by an Independent Auditor to verify the sites cleanup.
The ADFA's position is very disappointing and
appears to let the developer off the hook. The Audit Report of the sites
cleanup has holes in it a mile wide as far as asbestos is concerned. The
Site Audit Statements give no guarantees that any part of the site is 100%
asbestos free. The ADFA appears to have become a pawn in Lend Leases game. Lend Lease
had to issue these Site Audit Statements regardless of the ADFA's
concerns. They are mandatory because the site has been the subject of a
remediation process under contaminated lands legislation.
ADI RAG is still pursuing this
matter to ensure proper process is adhered to.
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Asbestos
found on the ADI Site
See
photos See
movie
Asbestos was found on the ADI
Site by the ADI Residents Action Group on Saturday the 29th January 2005.
The RAG members were visiting the site to investigate areas of the Site
earmarked for extensive floodplain filling and drainage basins. The
asbestos was noticed near an area of the ADI site known as the
Stockpile area. There was several large pipes found including one of
around 400 mm in diameter. Asbestos was clearly identified and was in a
friable state.
Video footage was taken and
was given to the Asbestos Diseases Foundation of Australia Inc, who have
called for appropriate actions to take place. Channel Nine News covered
the finding and aired video footage of the find and interviews with ADI
RAG and the ADFA on its 6pm Sunday News. (13/2/05)
ADI RAG is calling for the
State Government, Blacktown and Penrith Councils to ensure that the ADI
Site is 100% clean of asbestos before Lend Lease proceeds any further with
its development.
The State Government
commissioned Independent Audit of the Sites cleanup in 1999 was very vague
in regards to the amount of asbestos removed from the Site in the
remediation process. Until the State Government can verify that the total
amount of asbestos that entered the site in its construction left the site
in its demolition then it must be considered that large amounts of
asbestos still remains somewhere on the site to this day.
Following the Channel Nine
news story members of the public have contacted ADI RAG stating they have
worked on the ADI site and have, as part of their work, buried large
amounts of asbestos in randomly chosen pits within bushland
Anyone with similar concerns
should contact us or the Environment Protection Authority.
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Dunheved
Industrial Precinct Plan
Lend Lease
plans to lodge its Dunheved Precinct Plan with Blacktown and Penrith
Councils in March 2005. [This precinct is in both Council areas]
They recently
held a Community information and Feedback Session which was attended by
around 35 people.
Lend Lease failed to provide specifics
of their Precinct Plan, but it is clear that they are proposing to fill an
extensive part of the South Creek Floodplain.
Out of 30
Penrith and Blacktown Councillors only, Clr Kevin Crameri, showed enough
concern to attend.
An
Environmental Planner from Penrith Council who is liasing with Lend Lease
on this Plan was present and appeared to be advocating for Lend Lease on
many occasions. Many thought he was part of Lend Leases team and not a
Council employee. He had no identification to prove he was representing
Penrith Council.
Barry Robson,
the President of the Asbestos Diseases Foundation of Australia Inc, raised
the presence of asbestos on the ADI Site with Lend Lease Project Director,
Arthur Ilias and former manager of the St Marys Munitions Factory and now
on the Lend Lease payroll, Bill Mitchell. They both denied the presence of
asbestos but to appease Mr Robson they invited him onto the ADI Site to
inspect the area of the recent asbestos find [the stockpile area
colloquially referred to as Mt Mitchell presumed to be named after
Mr Mitchell]
SREP
30, the
planning instrument approved by the NSW Government, allows 90 hectares of
the ADI Sites floodplain to be filled. It states that development must
only have minimal impact on flood levels up and downstream. This shows how
SREP 30 has been authored to facilitate a development outcome for Lend
Lease.
Penrith and
Blacktown Councils in 2000 were very vocal in opposing any plans for
filling of the floodplain, citing the dangerous planning precedent it
would set for filling of floodplains and the unknown flooding risk.
We fear Senior
Planners from both Councils, who have developed close relationships with
Lend Lease, will convince Councillors to drop any opposition to Lend
Leases plans to fill the floodplain. Already some statements have been
made by Penrith Council that SREP 30 overrides Councils floodplain policy, therefore they
can't oppose it.
Again it
appears that senior council planners are working hand in glove with Lend
Lease to ensure all planning impediments to this Precinct Plan are
identified and removed in advance of it going on public exhibition.
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Emergency
National Heritage Listing nomination rejected
Federal
Environment Minister, Ian Campbell, has rejected an Emergency National
Heritage Listing nomination of the Western Precinct of the ADI site put
forward by Jackie Kelly the Federal Member for Lindsay.
ADI RAG
assisted Ms Kelly with information to include in the nomination.
The Emergency
nomination was rejected by the Minister without being referred to the
Australian Heritage Council for its expert assessment. Instead the
decision was made by bureaucrats within the Ministers department who have
never visited the ADI Site and based its assessment on prior studies of
the ADI Site, studies that have consistently been proven to be erroneous and out
dated.
Objectors to
the nomination were Lend Lease, The NSW Heritage Office,
Penrith Council, The Urban Development Institute of Australia and,
surprisingly, Senator Nick Minchin, the Federal Finance Minister.
It is plain to
see that the assessment process and the decision by Ian Campbell to reject the nomination was
influenced by political and big business interests. The decision had no
scientific merit and in no way proves that the 230 hectare Western Precinct
of the ADI Site has no outstanding heritage
values.
Of concern to
us is the interference of Nick Minchin. Minchin played an active role in
overseeing the sale of the ADI site to Lend Lease in 2004. Minchin is also
a South Australian Senator, Delfin, Lend Leases subsidiary housing
developer company originated in South Australia and was one of that States
biggest companies.
Also of
concern is Penrith Councils opposition to the nomination and most
importantly that the author of Councils response, Senior Planner Roger
Nethercote, carbon copied Councils response directly to Lend Leases Project
Director, Arthur Ilias. Why was this the case? Most Councillors were totally unaware of Roger
Nethercotes response to the nomination and that he decided to oppose it
without some debate from Councillors. He should have declined to
comment until he had a policy direction from Council as a whole.
This is a
clear indication of the strong relationship between senior planners of
Penrith Council and developers such as Lend Lend Lease. It makes a mockery of a so called
transparent planning process between developer and Council.
It is still
possible for any member of the public to re-nominate the Western Precinct
for National Heritage Listing.
Listed below are the
submissions opposing Jackie
Kelly's nomination
Objections to Emergency Heritage Nom - Lend Lease.pdf
300kb
Objections to Emergency Heritage Nom
- Penrith Council.pdf 93kb
Objections to Emergency Heritage Nom - UDIA.pdf
34kb
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