| Timeline |
A timeline for the ADI site
A
few months after the First Fleet anchored in Sydney Cove in January 1788,
Surgeon Worgan summarized the settlers’ activities - ‘the principal
business has been the clearing of land, cutting, grubbing and burning down
trees, sawing up timber and plant for building ...’ (Worgan 1978). ‘The
system of clearing here, by the total destruction of every native tree and
shrub, gives a more bare, raw and ugly appearance to a new place. In
England we plant groves and woods and think our country residences
unfinished and incomplete without them, but here the exact contrary is the
case and unless a settler can see an expanse of bare, naked, unvaried,
shadeless, dry, dusty land spread all round him, he fancies his dwelling
wild and uncivilized.’ (Louisa Meredith 1844, quoted from Sydney’s
Vegetation 1788-1988 -- utilization, degradation and rehabilitation by D.H.
Benson and J. Howell). The
Cumberland Plain of western Sydney was the first regional scale area
exploited for agriculture following European colonisation. Initially the
open grassy woodlands and forests were subject to grazing followed by
clearing to enhance farm production. Ultimately much of the land was
cleared for agriculture. No part of the Shale Woodland escaped some form
of disturbance and most of the relatively few significant areas retaining
a semblance of the original vegetation have generally owed their existence
to some form of Government ownership. (AHC Place Report, ADI site, June
1997) 1770
– The area was occupied by
the Gomerrigal-tongarra
clan, who occupied South Creek. This clan belongs to
the Dharug language group. (Kohen and Lampert 1987) Early
1800s to early 1940s - the
land now known as the ADI site at St Marys/Penrith was owned privately,
with early title dominated by the family of Philip Gidley King, Governor
of NSW 1800-1806. 1803
– Around 1803, surveying and subdivision of the area south of the
Hawkesbury River and east of the Nepean was commenced by Surveyors Grimes
and Meehan, with Governor King and members of his family benefiting from
this (Gartell and Spearitt 1991; Casey and Lowe 1994) 1806
– Governor King granted his son, Phillip Parker King, 600 acres on South
Creek adjacent to his sister’s land grant known as ‘Elizabeth Farm’.
(NPWS) From 1806 grazing commenced on the Kings land grants, which is
estimated to include about one quarter of the former ADI Site (Kinhill
1995). 1810
– Phillip Parker King builds his homestead and named his property
‘Dunheved’. The King family resided at Dunheved until the 1840’s.
They ran a dairy and horse stud, sheep and cattle and grew vegetables and
fruit trees. The farm was reported to be one of the best in the colony in
the first half of the 19th century (Casey and Lowe 1991). 1806
– 1850’s – A number of
smaller land grants were surveyed along South Creek and these made up the
parcels of land that ultimately would be resumed by the Commonwealth
Government for the establishment of the munitions filling factory. (Casey
and Lowe 1991, Kinhill 1995) 1840s
– 1860s – St Marys
Township established within the subdivision of Mary Putlands estate. The
area was increasingly subjected to timber cutting, firstly to supply
railway sleepers, then to supply Sydney’s construction and firewood
needs. (Kinhill 1995) 1891 St Marys Municipality
declared (Kinhill 1995) 1924
– ADI Site consolidated under one title by John William Fisher (Kinhill
1995) 1941-
1943 - Site acquired by the
Commonwealth Governments Federal Defence Department and used for Defence
purposes, for the assembly and filling of munitions. The Government
resumed the property in 5 parcels. F.C Pye owned the Dunheved property at
the time of resumption. Site fenced to discourage intruders. (RES, DUAP
May 1996, Kinhill 1995, NPWS 2004). 1946
– All but a small section of the St Marys factory was closed and part of
the Commonwealth site was transferred for private industrial development.
(Kinhill 1995) 1949
– St Marys Municipality amalgamated with Penrith City (Kinhill 1995) 1950
- New area north of the
original site was resumed by the Commonwealth for construction of a new
munitions plant (Kinhill 1995) 1955
– Works commence on new St Marys Filling Factory, project 590. (Kinhill
1995) 1957
– New factory opens in December and commences production in 1958. (Kinhill
1995) Circa 1972 - The Department of Supply transfers the wastes collected by Commonwealth X-ray and Radium Laboratory, and some Commonwealth wastes, to the Department's site at St Mary's, NSW. 1986
or before - Lend Lease commences Master Plan for development of the site.
(This date an estimate based upon an assertion by Joe Banek in letter to
Penrith Press on 28 May 1996 that Lend Lease “started our master
planning
over 10 years ago”.) 1987
– Test Tunnel, coloured
smoke, red phosphorous and magazine buildings built in Pyrotechnic
section. (Kinhill 1995) 21
July 1988 - Registration of
ADI Limited as Australian Proprietary Company limited by shares (started
as Australian Defence Industries Pty Ltd became ADI Limited on
27/11/1995). ACN 008 642 751. Shareholders: 4 individuals with 1 share
each - Commonwealth of Aust with $366 million shares May
1989 - Company takes over
defence production operations of the Department of Defence. Purpose: to
put “assets” in the hands of a separate limited liability company to
run as a normal commercial venture (ADI Annual Report p.1 1991). Major
customer: Australian Defence Force (AP p.34 1991). 30
June 1990 - 1991 Annual
Report states that Commonwealth of Australia has investment of $424,138
million in ADI Limited, with Authorised Share Capital of $1 billion.
Australian Defence Industries Limited is wholly owned by the Commonwealth
of Australia (1991 AP, p.30, Notes to the Accounts). 1986-1991
- Community concern expressed in local papers, with focus on toxins in
waste stored at the ADI site, including radioactive waste, lead, mercury,
arsenic asbestos, TNT, etc. Disposal of waste and compromise of health
standards were main issues. February
1989 - Federal Defence
Science and Personnel Minister Ros Kelly says speculation that munitions
factory will be closed and the land used for housing is “misinformed”.
“St Marys is not listed for consideration at the housing summit.”
(Penrith Press 28/2/89). July 1991 - Australian Nuclear Science and Technology Organisation (ANSTO) enters into a contract with Australian Defence Industries (ADI) to condition and store radioactive waste from the ADI site at St Marys. Sutherland Shire Council responds by launching a court action against ANSTO. (Senate Select Committee on the Dangers of Radioactive Waste, No Time to Waste, 1996, p. 3.) April
1991 - Site placed under
investigation by DUAP to determine if suitable to be released for urban
development program. 1991
- Development proposals for St Marys property were considered by local and
state government. (ADI Ltd Annual Report 1991) 1991
- ADI Ltd commissions Masterplan Consultants to prepare a report on the
site including Vegetation/Landscape and Fauna studies. Consultant Dominic
Fanning of Gunninah Consultants prepares Fauna Study Draft Report.
Consultants EDAW (Aust) P/L prepare Vegetation & Landscape Assessment
Draft Report. The
EDAW (Aust) Pty Ltd study Vegetation & Landscape Assessment classifies
the vegetation into seven communities (16 vegetation units), but finds
only three of these communities to be of significance. These communities
are woodland in the south-western zone and central far north; Open Forest
in the far eastern zone; Closed Forest around Ropes, South and the unnamed
western creekline. These areas become the basis for the early biodiversity
zone. The
Gunninah study bases its analysis of fauna on the EDAW study and therefore
concentrates its trappings and investigations in the three
“significant” areas. They trap in 16 sites, only one of which is in
the western zone (south-western). Gunninah states that areas of Cumberland
Plain vegetation on the site are only of “moderate value, primarily
because they comprise forest and woodland which is regenerating from
timber-getting and substantial clearing prior to the 1940s”. 1991
- Study of contamination of site and location of toxins undertaken by ADI
Ltd. October
1991 - Premier Nick Greiner
announces “State Govt submission for $73 million over 5 years from the
Federal Government Building Better Cities Program for funds to develop the
site enough for further development.” “This submission is to get the
funds to make sure all the preparation can be done properly.” (Penrith
Press 29.10.91) 1991
– New shell filling building constructed. (Kinhill 1995) 1992
- Title on land at St Marys passed to Australian Defence Industries Ltd.
The property was part of the munitions business assets owned by the
Federal Defence Department which were corporatised at the end of the
previous decade. 5
February 1992 - The
Sutherland Shire's court action against ANSTO, launched in July 1991, is
successful. The NSW Land and Environment Court finds that ANSTO's
functions under the ANSTO Act do not extend to the storage of radioactive
waste belonging to other entities, and orders that ANSTO must not bring
the waste from St Marys to its Lucas Heights site.
(Council
Of The Shire Of Sutherland v. Australian Nuclear Science & Technology
Organisation, Land
and Environment Court of New South Wales, Decision of 5 February
1992, Unreported, Case no. 40215/91.) Sept
1992 - Liberal State premier
Nick Greiner pledges not to block redevelopment of the ADI site. (Penrith
Press 28/9/92) 1992/3
- Greenpeace proposes the site
be named a Regional Park for the protection of its native flora and fauna. 1992/3
- CHANGE suggests reservation as Regional Park or Nature Reserve. 1993
– Production ceases at ADI St Marys Facility. (Kinhill 1995) 1993
- The Board of ADI Ltd ‘opted for the strategy of redeveloping St Marys
in partnership with a leading development company.’ (ADI Ltd AP 1993) 1993
- DUAP included St Marys property in Urban Development Program 1993
- ADI Residents Action Group formed out of concern about contamination on
the site. March
1993 - “Both Councils
[Penrith and Blacktown - ed] last week decided not to proceed with the
rezoning of the site until the Federal Govt indemnifies them against any
possible legal action should decontamination not be carried out
properly”. (Penrith Press 23/3/93) May
1993 - ADI Ltd placed
four-page advert in Penrith City Star outlining urban development
plan for the site. July
1993 - Federal Defence
Minister Robert Ray writes to Blacktown Council saying he is “not
prepared to give council the indemnity in the terms requested”. “I am
prepared however to consider a limited indemnity for the site once ADI’s
decontamination program is completed.” (Penrith Press 13/7/93) May
1994 - Because site spans
two Council areas “Statutory control over process will lodge with State
Planning Minister” (Penrith Press 15/2/94) May
1994 - ADI Ltd annoints Lend
Lease as development partner. “Lend Lease had been selected from 80
companies. The two groups exchanged contracts on 3/5/1994” (SMH 4/5/94). 1994
– Keating Labor Government
Senator and the Minister for Defence, Robert Ray, signs Joint Venture
Agreements between ADI Ltd and Lend Lease. These agreements to this day
are still unavailable for public scrutiny due to a ‘commercial in
confidence’ loophole. Mid-1994 - A regulation is made to enable ANSTO to condition intermediate level radioactive waste at ADI's site at St Marys. Following the recommendation of a Senate inquiry, the regulation is replaced with a regulation which contained a sunset clause. (Australian Nuclear Science and Technology Organisation Regulations, No. 259 of 1994 and No. 415 of 1994. Senate Debates, 11 October 1994, pp. 143144. ) 23 August 1994 - The Minister for Industry, Science and Technology announces that the CSIRO radioactive soil waste and the other radioactive waste at St Marys will be moved to Woomera for interim storage. The Commonwealth Environment Protection Agency will review final transport and storage arrangements. (Statement from the Minister for Industry, Science and Technology, Senator Peter Cook', Media Release, 23 August 1994.) August
1994
- Draft Regional Environmental Study (RES) commissioned by DUAP. May 1995 - The intermediate level radioactive waste in storage at St Marys is transported to a Department of Defence facility at Woomera. The Department of Defence had assumed administrative responsibility for the waste some time previously. (Canberra firm on radioactive waste transfer', The Age, 22 March 1995; 'N-waste site search gains momentum', The Australian, 9 June 1995.) May
1995
- Maryland Development Company registered as Australian Proprietary
Company with ADI Ltd and Lend Lease Development Pty Ltd as joint equal
share-holders of 100 shares each. Reg.No. 069 368 896. Secretary to
company is Kenneth Leslie James of Turramurra, also listed as Secretary to
Lend Lease Development Pty Ltd. Registered office of company 44 Tower Blg,
Australia Square, George St, Sydney, same as registered office for Lend
Lease Development Pty Ltd. 1995
- Kinhill Engineering Consultants (commissioned by DUAP) recommends a
conservation strategy for the ADI Site to include all areas of native
vegetation remaining. Recommended was 834 ha as bushland, 225 ha of
wetlands and corridors = total 1059 ha. Vegetation mapping accompanying
the report appears to have been used by the AHC in its interim listing. October
1995 -
National Parks Association release Proposed National Parks
Additions in the Sydney Region, prepared by Helen Latham. The ADI site
was recommended for reservation in its entirety. Oct
1995
- Draft Regional Environment Study (RES) exhibited by DUAP March
1996 - Landscape
Conservation Committee of National Trust proposed
that the entire ADI Site be entered on the register of the National Trust.
National Trust listing
NSW.pdf 121 kb. This proposal was approved in May 1996. The site was proposed because of
its significant contribution to biodiversity conservation and the
maintenance of water quality in the South Creek and Hawkesbury-Nepean
River system. Its rare fauna and flora with four species listed in the NSW
Threatened Species Conservation Act 1995. Its importance in demonstrating
the principal characteristics of a range of landscapes comprising the
Castlereagh Woodlands of the Cumberland Plain and including three forest
types - a woodland, wetland and grassland. The sub-catchment of the South
Creek area which includes the ADI site was found to have the highest
ranking for naturalness of any of the areas along South Creek. The
Castlereagh Woodlands are at their most easterly known geographic limit
and the site contains rare undisturbed examples of the original Cumberland
Plain soils. (National Trust of Australia (NSW) Listing Proposal) April 1996 - Regional Environmental Study recommended 660 ha of the site as a biodiversity zone, failing to include the CP Woodlands in the western sector of the site. May
1996 - Release of DUAP
Regional Environment Study to investigate sites potential for development. Mid 1996 - Lend Lease presents its development Masterplan to Planning Minister Craig Knowles. Media invited to ADI Site for presentation. ADI RAG protest at Northern Rd gates. Lend Lease recruit Ian Kiernan of Cleanup Australia to help sell the Masterplan. Oct
1996 - Establishment of Section 22
Committee (to advise Minister) to evaluate Lend Lease/ADI Ltd proposals for development of the
site and progress to draft REP stage. Committee comprises members from
DUAP, NPWS, Blacktown and Penrith Councils and relevant State govt
agencies. s22
Committee finds 1991 Gunninah study deficient, stating that “despite the
collection of flora and fauna information on the ADI site since 1991, the
Committee considered it essential that some additional specifically
targeted surveys occur for those threatened species known to occupy the
site or with a high probability of occurring on site, and an analysis of
the significance and secure reservation status of these populations at a
local and regional scale was also required. This was needed to complete
the biological database from which to properly consider the constraints to
future development of the site.” Gunninah
carries out additional surveys, most of them concentrated around the
Biodiversity zone already identified by the developers. s22 Committee
accept this new study even though the western sector generally excluded
from the study. This lack of comprehensive vegetation assessment quadrat
establishment and data collection from within the disputed area indicates
that the area was identified as a low priority for data collection at an
early stage of the process. This indication is consolidated by repeated
references to the western sector as being “highly degraded” and
“depauperate” (ERM Mitchell McCotter 1997). At
best the s22 Committee was unaware of the very small number of quadrats
established without any clear methodology for location or overall
vegetation assessment. Its conclusions can only have been influenced
adversely by the lack of data on the western sector. At
worst the s22 Committee simply took the additional information at face
value without scrutinising it. 1997
- Humane Society International and the Australian Conservation Foundation
jointly nominated Cumberland Plain Woodland for protection as an
Endangered Ecological Community under the Commonwealth endangered species
legislation. June
1997 - Cumberland Plain
Woodland of western Sydney was listed as an endangered ecological
community under the NSW Threatened Species Conservation Act 1995. June
1997 - Western Sydney Shale
Woodland, comprising 1100 ha of the ADI site at St Marys was interim
listed by the Australian Heritage Commission in the Register of the
National Estate. This listing was objected to in part by the joint developers of
the site who challenged the listing of the western side of the
site in particular - the area marked for intense development. The
AHC’s process of assessing Lend Leases objection to the 1100 ha Interim
Listing lasts for over two years. 1997 - NPWS Urban Bushland Biodiversity Study named ADI site as a "Core Biodiversity area" and rated it amongst 19 "Areas of Conservation significance”. UBBS also stated that more study should be done on western sector because they could not get access to that area for study. August 1997 - Section 22 Committee report to DUAP completed. Penrith City Council begins lobbying for conservation of the whole site as a Regional Park and seeks NHT funding for the AHC listed bushlands and funding from the Federation Fund for the rest of the site. Feb
1998 - DUAP announced
preparation of draft REP to be developed for ADI allowing 8000 homes and
more bushland reserve. (Penrith Press 24/2/98). September
1998 - Cumberland Plains
Woodland of western Sydney was listed as an endangered ecological
community under the Commonwealth Endangered Species Protection (ESP) Act.
Federal Environment Minister Robert Hill announced ‘As Australians we
all have a responsibility to protect our precious biological diversity’.
(Media Release 22 Sept 98). ‘The Federal government will be taking
responsibility for nationally listed threatened species and communities,
including when they occur on State land.’ (HSI News Release 23 Sept 98). Oct
1998 - Biosis Research Pty
Ltd commissioned by Aust Heritage Commission in response to objections to
the interim listing by the developers, supported most of the listed area
and identified Cumberland Plain Woodlands in western sector of the site. November
1998 - Hawkesbury-Nepean
Catchment Management Trust and South Creek Catchment Management
Committee announced their joint support for the entire ADI site to become
a Reserve. Gerry McDonald Chair of the South Creek CMC said ‘a prime
issue for government and the community should be the protection and
enhancement of the health of South Creek and its catchment environment.’
(HNCMT media release Nov.98) January 1999 - NSW Minister for the Environment, Pam Allan, advises that State Cabinet has given endorsement to the development of the ADI site in accordance with the recommendations of the Section 22 Committee. February
1999 - Ian Perkins
Consultancy commissioned by AHC to further research vegetation, supported
listing and also positively identified CP Woodlands in western sector of
the site. February
1999 - National Parks
Association launches revised and expanded version of the Latham Report at
the ADI site, calling for protection of the site as a Nature
Reserve/Regional Park. March
1999 - In their State
Election Urban Bushland Manifesto the Nature
Conservation Council identify the ADI site St Marys as one of its
‘icon’ issues for saving as a Regional park for the benefit of future
generations. April 1999 - Federal Government rejects Penrith Councils Federation Fund application to purchase non RNE listed lands. 19
April 1999 - Penrith Council
Report, authorised by Senior Council Environmental Planner, Roger
Nethercote, recommends Penrith Council review its stance of supporting
preservation of the whole of the ADI Site to that of accepting
development. This clearly was a warning of things to come and that behind
closed doors senior bureaucrats and some councillors were working on
steering council away from saving the entire ADI Site. Councillors hold
the line though, thanks to the independents and reject the Reports
recommendations. 30
June 1999 -
COMLAND LTD registered as Australian Public Company No.088 278 451 with John
Fahey c/-
Parliament House Canberra, Minister
for Finance named as member and principal shareholder holding
the one share in the company. Registered office Level 1, 15 Torrens
Street, Braddon. Principal place of business noted as Forresters Road, St
Marys. ADI RAG informed that this company is to take over the role of ADI
Ltd in the joint venture between the Commonwealth Govt. and Lend Lease.
The Constitution of this company leaves the door open to privatisation of
the land. July
1999 -
Release of Flora and Fauna Corridors in the Penrith LGA by Penrith
Council. This report identifies the ADI site as being a vital component of
the LGA bushland corridor for its connectivity to adjacent reserves. Aug
1999 -
Maryland Development Company maintains ADI Ltd and Lend Lease Development
as joint owners (search of company through ASIC). This is expected
to change when interest of Comland Ltd registered. Sept
1999
- Australian Defence Industries Ltd still noted as owner of land on title
search of St Marys site. This is also expected to change when Comland
ownership registered. September
1999 – Penrith City
Council Election held. Labor takes control of Penrith Council. A downward
spiral of support for the protection of the ADI Site becomes evident. Sept
1999
- Draft REP still not released for public comment. October
1999 - Australian Heritage
Commission formally lists 828 hectares of the ADI Site
in the Register of the National Estate. This is a massive
reduction from the 1100 hectares that had been interim listed. Reasons for listing
include its Aboriginal archaeological and social significance, its rare,
endangered or uncommon flora and fauna, the presence of Cumberland Plain
Woodland (only 6% of original cover remains), its Castlereagh Woodland and
Riparian vegetation, its hosting of the Cumberland Plain bird assemblage
of 110 bird species. This
listing gives protection to this area of the site under the Australian
Heritage Commission Act 1975. The two-year assessment process resulted
in 270 ha being removed from the interim-listing boundary. This outcome
clearly favoured Lend Lease; it reeked of political intervention and
clearly lacked scientific certainty. Late November 1999 - Release by the State Government of the draft Regional Environmental Plan for the ADI site. Includes proposal for housing on a Heritage-listed area which forms part of the western sector of the site. Deadline for submissions: 10 March 2000 2000
- ADI RAG puts together a comprehensive
submission to the draft Regional Environmental Plan. February
2000 – Penrith Council –
now Labor dominated - changes its policy on the ADI Site of only wanting
to save from development those parts of the ADI Site listed in the
Register of the National Estate. Penrith
Council cites an admission from the Federal Environment Minister, Senator
Robert Hill, that the Federal Government were wanting a financial return
from the development of the ADI Site as reason enough to drop support for
total preservation. Senator Hill’s admission came during a Senate
Estimates Committee when Labor Senator, Steven Hutchins, was questioning
Robert Hill. Senator Hutchins appeared to be well informed of Penrith
Councils policies on the ADI Site. At the same time new Penrith
Councillor, David Bradbury, was a staffer for Senator Hutchins. Penrith
Councils policy shift away from wanting to save the entire ADI site to
only part of it was extremely disappointing as they caved in based on one
statement from Robert Hill that the Federal Government was seeking a
financial return from the ADI Site, as if this point wasn’t obvious from
the time the ADI Site was earmarked for development. It was the excuse
that certain Councillors and bureaucrats had been looking for and they
latched onto it fairly swiftly. Council’s
prior policy to save the ADI site was to seek funding to buy back the ADI
Site through the Federation and Natural Heritage Trust Fund of the Federal
Government. Councils watered down policy also involved them only seeking
Natural Heritage Trust funding for the AHC listed parts of the ADI Site
within the Penrith LGA that the NSW Governments draft REP zoned for
development (Approx 178 ha). February
2000 - NPWS release
Vegetation Map of the Cumberland Plain in Western Sydney. Study jointly
funded by NPWS, Landcom and Urban Development Institute of Australia. UDIA
is an industry group representing medium-to-large developers, including
Lend Lease. Former Blacktown Liberal Councillor, Dr David Poole, now heads
UDIA NSW (2004). It is clear to see the influence Lend Lease have over
local decision makers and political parties. Vegetation
mapping of the ADI site upholds AHC listed area as comprising CP Woodland.
July 2000 - Penrith Council amends its NHT application to the Federal Government. They seek funding of $7.37 million for acquisition of RNE lands sitting outside of the REP Regional Park zone and for offsets to the State Government related to the proposed joint venture contributions for management of the Regional Park. January
2001 - Release by State
Government of final Sydney Regional Environmental Plan 30
(SREP 30). 630
ha or 41% of the site is zoned Regional Park.
This means, in effect, that as far as the State Government is concerned,
development may now proceed. Unbeknown to many people is the fact that the
630 ha Regional Park zoning includes 74 ha of non- AHC listed land
(Blacktown Council data) meaning
that only 556 ha of the Regional Park is AHC listed land. This means that
out of the total of 828 ha of AHC listed land on the ADI Site, 272 ha are
slated for development. No change of any substance was made to the REP,
despite the overwhelming dominance of opposing submissions. 800
of the 830 submissions received by DUAP oppose any development. Also,
without prior public consultation, Planning Minister, Andrew Refshauge,
includes in SREP 30 a separate zoning for an Educational Establishment
allowing 6ha for a Catholic high school, Xavier College. February
2001 – ADI RAG convene an
Emergency Public Meeting at Penrith Library Theatrette to discuss the
gazetting of SREP 30 by the NSW Government. Penrith Mayor, David Bradbury
attends, as does Deputy Mayor Greg Davies. The meeting ends with a
resolution to continue opposition to the development. ADI RAG calls on
Penrith Council to assist with funding of a major Rally to help stop
development as it did with their efforts to stop Badgerys Creek Airport. ADI
RAG formally approach Council for funding of a major rally to save the ADI
Site. Although Council has the lesser goal of only wanting to save the AHC
listed parts of the site, the Labor dominated Council votes to approve
$13,000 in funding to ADI RAG for the Rally. Critics
accuse Labor Councillors of supporting the funding of the Rally as it will
give the mayor David Bradbury, who is also Labors candidate for the
upcoming Federal Election, a good platform to attack the Federal
Government and the sitting member for Lindsay, Jackie Kelly. March
2001 - Western Sydney
Regional Organisation of Councils (WSROC) releases Regional State of the
Environment Report for 1999-2000. The report includes a "community
vision" for the region, which was developed through community
consultation. Of
15 "community sustainability goals", highest priority was given
to "Natural Environment Heritage". This is described as
"regeneration to an ideal goal of at least 15% of the original types
of Western Sydney bushland". Considering that less than 6% of
Cumberland Plain Woodland now remains, developing even a part of the ADI
Site has to be seen as wilful destruction of Western Sydney's (and
Australia's) natural heritage. April
1, 2001 – Up to 1,500
people turn up at the Joan Sutherland Performing Arts Centre in Penrith
for the Save the ADI Site Rally. Speakers at the Rally include: Tom Uren,
Mayor David Bradbury, ADI RAG, Noel Plumb and Naturalist, Richard Wells.
Jackie Kelly declined an invitation to attend and was roundly criticised. ADI
RAG announced at the Rally its intention to form a new political party,
The Save the ADI Site Party, to contest the upcoming federal election. The
announcement of the new political party stuns many at the rally with Labor
and Liberal Councillors attacking ADI RAG’s credibility from this point.
April
2001 - State government
abolishes Hawkesbury-Nepean Catchment Management Trust, which aimed to
empower community groups by helping them network and informing them of the
procedures necessary to find their way through government bureaucracies
and legislation. The Trust had expressed grave concerns over the
development of the ADI site. October 2001 - Save the ADI Site Party negotiating preferences with Liberal and Labor. Negotiations call for further environmental assessments of public land in Western Sydney. October
2001
– Two weeks out from the Federal Election, and under enormous political
pressure from the Save the ADI Site Party, Senator Robert Hill, Federal
Environment Minister, accompanied by Jackie Kelly, the member for Lindsay
announces that all of the Australian Heritage Commission listed lands on
the site, 828 ha, will be ‘protected’. As the Regional Park zoned by the State Governments SREP 30 contains 74 ha of non-AHC listed land Robert Hill’s announcement is interpreted by all, including Lend Lease to mean that the Regional Park area has now increased to 902 ha or 59% of the site. However, final conservation boundaries will not become final until the State amends SREP 30. 12
March 2002 - Senator Eric Abetz, Federal Special Minister of State, announces
the government had fulfilled its
election commitment to protect all areas of the former ADI site at St
Marys that are listed in the Register of National Estate.
December 2002 - The St Marys Development Agreement is signed by the NSW Government and the Joint Venture (Delfin Lend Lease and Comland). This legal agreement replaced the normal Section 94 Developer Contribution process and was designed to provide a legal framework for the provision of public facilities and services, basically, who pays for what and when. Somehow, the NSW Government turned what should have been a straightforward funding agreement into a mass of legal red tape and jargon that appears to legally bind the State Government from using its planning legislation to stop development (see our legal advice on this matter). How could the governments Solicitors allow this to happen? Or is this the modern approach taken by governments to ensure that certain developments cannot be stopped? The Development Agreement also provides the transfer of ownership and funding arrangements for the Park. The Development Agreement is alarming as the NSW Government have left the door open to only accept 850 ha of the assumed 902 ha Regional Park. The decision to accept only 850 ha will be decided by the Regional Park Plan of Management process. It is revealed that Lend Lease is to provide DEC with $6.9 million to fund the establishment of the Regional Park paid in instalments when development milestones are reached. The funding arrangement with DEC appears to have bought Lend Lease environmental immunity, as DEC consistently overlook flaws in Lend Leases environmental studies and plans. June
2003 - Two weeks after the close of the NSW State election (with the
completion of the Londonderry by-election), Diane Beamer, Assistant
Minister of Planning, announces that the Eastern and Dunheved Precinct’s
of the ADI Site will be the first areas released for development.
(See
map.) August
2003 - Delfin Lend Lease
submits its Eastern Precinct plans and supporting documents to Blacktown
Council. ADI RAG call for the period of the public exhibition of the plan
to be extended and a further two weeks is granted by Blacktown Council
setting the date of closure of public submissions at 1 October 2003. ADI
RAG prepares and lodges a comprehensive submission opposing the Eastern
Precinct Plan. 22
January 2004
– the Federal Minister for Finance and Administration, Nick Minchin,
announces that the Australian Government had accepted an offer from Lend
Lease to acquire Comland Limited for $165 million. Effectively Lend Lease
acquired the St Marys ADI Site in NSW and Edgewater and Waterford Green in
Melbourne, Victoria. Lend Lease were the only ones offered the opportunity
to bid for Comland. Why? The secretive 1994 Development Agreement may hold
the answer. 4
February 2004
– Blacktown Council adopt the Eastern Precinct Plan despite huge public
opposition to the Plan. Several speakers addressed the meeting,
passionately arguing for the rejection of the Precinct Plan. Labor and
Liberal Councillors combined to approve the plan, citing that their hands
were tied, in that; the NSW Government would step in and remove council
from the planning process if they did not approve the plan. The public
gallery erupted in protest at this pathetic decision. The Mayor, Alan
Pendleton, unable to control the public gallery, closed the meeting. 16
March 2004
– The NSW Department of Environment and Conservation (DEC) endorse the
Final Macrofauna Management Plan, prepared by Cumberland Ecology for
Maryland Development Company. DEC attach 31 conditions to the MFMP. The
MFMP proposes to progressively reduce Kangaroo numbers through the use of
surgical sterilisation, the use of contraceptive implants, translocation
of the site and, if need be, culling. A small population of Kangaroos and
Emus is proposed to be retained in the Regional Park. May
24, 2004–
Blacktown Council notify ADI RAG that it has received a Development
Application from Maryland Development Company (Delfin Lend Lease)
proposing to subdivide the ADI Site into 5 lots. 4 Lots are to be within
the Eastern Precinct with a large residue lot being the remainder of the
ADI Site. A subdivision Concept Plan was also lodged. May
27, 2004
– Diane Beamer, the Assistant Minister of Planning, meets residents for
the first time at a public meeting and argues that the NSW Government if
it were to stop development of the ADI Site would breach the St Marys
Development Agreement and would face likely litigation and a multi
$million compensation claim from Lend Lease. They use this legal argument
to fend off overwhelming public opposition to the development. This led to
questions as to whether the State willingly entered into such a binding
agreement with Lend Lease to guarantee development could not be stopped. 20
July 2004
– First meeting of Community Reference Group to prepare DEC’s draft
Plan of Management for Regional Park. Only six or seven, four hour
Meetings are planned to prepare the entire draft Plan of Management. ADI
RAG claim the process is tokenistic and that prior planning documents and
the St Marys Development Agreement have already predetermined the outcome
for the Regional Park. August 18 2004
– Blacktown Council approves the subdivision Concept Plan for the
Eastern Precinct. October
2004
– ADI RAG successfully lobby Jackie Kelly to provide additional funding
for the ADI Site. Ms Kelly commits $1.1 million for a feral proof fence
around the proposed conservation area. November
1 2004
– ADI RAG became aware that Lend Lease had lodged a Development
Application to subdivide part of the Eastern Precinct. ADI RAG protest to
Council that DA should be publicly exhibited. Council claim that it is
enshrined in Blacktown Development Control plan 1992 that they do not have
to notify or publicly exhibit subdivision DA’s. ADI RAG is seeking legal
advice regarding this matter as a Species Impact Statement accompanied the
DA. A further insult to open and transparent governance comes from the fact that Councillors have nothing to do with the approval of this DA, instead, delegated authority had been granted to one person, Glennys James, Councils Director of Planning and Development Services at the time when the Eastern Precinct Plan was approved. Lend Lease
will lodge several more subdivision DA’s with Council and this same
process will be repeated. Blacktown Council has demonstrated what a
disgrace it is by cleverly shutting the public out of the planning
process. There are major moral issues arising from these outcomes. November 5 2004 - Federal Environment Minister, Ian Campbell, releases the long awaited Report - Review of the Conservation Values of Commonwealth land in Western Sydney. This Report fulfilled an election commitment by the government to ADI RAG. ADI RAG lobbied them for a proper scientific review. The Report however is roundly criticised as no scientific assessments were conducted. It was nothing more than a desktop review of previous studies and literature. November
22 2004 – Jackie Kelly lodges Emergency
National Heritage Listing nomination for the 230 ha Western Precinct of
the ADI Site with the Federal Environment Minister. Lend Lease, Penrith Council, UDIA NSW, NSW Heritage Office, and the Federal Finance Minister, Nick Minchin, all oppose the nomination. December
9 2004
– Lend Leases bulldozers move into the ADI Site for the very first time
and begin clearing vegetation. Blacktown Council have apparently approved
Lend Leases subdivision DA. There was no public notification of this
decision. December
15 2004 – Ian Campbell the
Federal Environment Minister rejects Jackie Kelly’s Emergency National
Heritage Listing nomination of the Western Precinct without referring the
nomination to the Australian Heritage Council for any type of site
inspection. The Ministers decision was roundly criticised for its lack of
scientific assessment and reliance upon questionable data. The Ministers written justification for rejecting the nomination highlights the absurdly high assessment threshold a place must meet to get protection on the National Heritage List. Ian Campbells rejection of ADI Site Western Precinct heritage nomination.pdf 57kb March 15 2005 - The NSW Department of Environment and Conservation (DEC) reveals management options that involve excluding 35 hectares of National Estate listed land from the Regional Park. This option would mean that only 865 ha of the ADI Site would be formally protected as public land. Late April 2005 - Lend Lease allows Penrith and Blacktown Councils to review its Dunheved Precinct Plan prior to lodgement. May 17 2005 - Penrith and Blacktown Councils representatives of the Community Reference Group assisting DEC to develop a Plan of Management for the Regional Park tell DEC that they oppose their plans to reduce the size of the Regional Park from 900 hectares to 865 hectares. August 6 2005 - ADI RAG begin weekend vigils outside of the Ropes Crossing Sales Office. August 18 2005 - Delfin Lend Lease begin the mass sterilisation of 4000 Kangaroos on the site. This story reported by Sydney media. September 2005 - Delfin Lend Leases Dunheved Precinct Plan goes on exhibition for 28 days. It has been lodged with Blacktown and Penrith Councils because the Precinct straddles both LGA's. September 9 2005 - A large amount of .50 calibre machine gun bullets are found at Ropes Crossing. A worker accidentally found them poking out of a pile of soil that had been sourced from a development area, an area of the site that had been given the all clear as being free from contamination. This story made the Sydney media. October 2005 - ADI RAG lodge a submission (2566kb) with DIPNR commenting on their Growth Centres Plan. Our submission opposes the Green Zones imposed on small landowners with degraded land and details how DIPNR can create a series of biodiversity corridors on Western Sydney. This strategy involves saving the Western Precinct of the ADI Site. November 2005 - NSW Department of Planning places advertisements in local press inviting public comment on a draft amendment to SREP 30 St Marys. Frank Sartor the Planning Minister puts out a media release claiming that the NSW Government has listened to the community and is adding an extra 270 ha of the site to the Regional Park making it 900 ha. Truth was that Sartors announcement was just a rehash of a commitment by the Federal Government in 2001 to protect all of the AHC listed parts of the site in a 900 ha Regional Park. November 20 2005 - ADI RAG lodge submission (3190kb) with Planning NSW opposing amendments to SREP 30 March 10 2006 - Delfin Lend Lease make formal request to Frank Sartor, the NSW Planning Minister, seeking remaining Precincts of the ADI Site to be declared as Release Areas. April 7 2006 - Planning Minister Frank Sartor gazettes amendments to SREP 30 making a politically convenient decision to add only a further 3 ha to the Regional Park. The additional area protected was a wetland area featured extensively by Sydney's most influential newspaper, the Daily Telegraph. Diane Beamer and Allan Shearan announced that the 'Secret Garden' had been saved. The Daily Telegraph once described the entire ADI Site as Sydney's Secret Garden yet because they featured the image of the wetland so often the politicians began distorting our campaign and confusing the general public into believing the fight was to only save this one small area of wetland. The amendment to SREP 30 protecting 900 ha of the ADI Site as Regional Park was a major back down by the NSW Government as they were attempting to reduce it to only 850 ha. This back down proves that people power can get results. April 18 2006 - Serious allegations of inhumane treatment of Kangaroos by Delfin Lend Lease raised as ADI RAG discover a darted Kangaroo with severe head injuries drowned in a dam within the Western Precinct. The roo had escaped from an enclosure whilst being sterilised. More evidence is gathered in the following week and a complaint is raised with DEC and the RSPCA. April 28 2006 - Media pressure about the inhumane treatment of the Kangaroos by Delfin Lend Lease as part of their sterilisation program forces intervention by NSW Environment Minister, Bob Debus. Bob Debus states that the program will cease until NPWS meets with Delfin Lend Lease to discuss the allegations. The NSW oppositions Shadow Environment Minister, Michael Richardson, speaks out strongly in the media against the inhumane treatment of the Kangaroos.
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This link is to a Penrith Council Report which gives Delfin Lend Leases account of its timeline 24 July 2006 - Penrith Council Policy Review Committee Meeting Report.pdf 240kb |
