Bastion Decision Now Not Until 2012
A decision on Bastion Point will now not be made until after the Christmas /New year season.
An elephant seal visits Bastion Point in December 2011 - Photo Richard Du Heaume
In June this year, Hyder Consultants were engaged by the inter-departmental Bastion Point Project Control Board (the Board) to undertake a detailed assessment of the alternative option at the current site, in order to produce a report using specific criteria that compares the alternative with Option 3b.
Work commissioned by the consultants has just been completed, and the Board expects to present this material to the East Gippsland Shire Council (EGSC) early in the new year. We understand that EGSC wish to engage with the community prior to its views being finalised. Once the EGSC has provided its input, the Board will be in a position to finalise a recommendation for the Government.
VCAT Decision on FOI Case Announced
Friends of Mallacoota (FoM), represented by the Environment Defenders Office (EDO) and barrister Sam Ure, have been successful in a Victorian Civil and Administrative Tribunal (VCAT) case involving Freedom of Information (FOI).
In October 2010, FoM, a key body in the Save Bastion Point Campaign, went to VCAT to obtain documents relating to Bastion Point from the Minister for Planning and the Department of Planning and Community Development (DPCD). We argued that they had failed to conduct adequate searches in response to requests made under the Freedom of Information Act 1982. We also argued that it was in the public interest to release some documents that had been withheld.
Initially Minister Madden said only one document fell within the scope of the FOI request. Remarkably by the end of the hearing, a further 1,508 pages had been uncovered!
In October this year, the Judge handed down her verdict: she said that a failure by agencies to do a thorough and diligent search thwarted the purpose of the FOI Act, and ordered that the Department and Minister pay the legal costs of FoM. However, she considered that the four documents in contention should be withheld, as it was not in the public interest to release them.
From the documents made available, it appeared that Minister Madden was ready to release an assessment of the Inquiry Panel report within 2 months of receiving it. We believe that this assessment (not released) accepted the Inquiry Panel recommendations of a low key upgrade to the existing ramp at Bastion Point.
However, some undocumented change caused a planned media release announcing his assessment to be cancelled, and the following 6 months saw the progression of Madden’s office directing the DPCD and Marine Safety Victoria to prepare the Minister’s assessment that rejected the Panel findings.
This was despite the efforts of the Executive Director of Planning Policy at the DPCD, who wrote to Madden’s office in relation to a lower impact proposal that had already been suggested by SBPC:
“I suspect that their proposition would support a sensible upgrade of existing launch site – which is what I think most people in Mallacoota thought they were supporting many moons ago when asked if they supported an upgraded facility.
There is a practical solution here where probably $1m – $2m could be allocated to enhance the boat ramp, fix the car parking, … without taking on the huge recurrent costs and impacts that are likely with any other option.. Win Win.”
It is to be hoped that the current government will apply the practical solution suggested by DPCD.
Government’s Project Review Progresses
On 6 September SBPC representatives met with senior Government staff to view the preliminary plans completed by Hyder Consultants for a boat ramp at the existing site, and to provide feedback. There had been a genuine effort to keep the design to the minimum required for an acceptable launching facility, and within the existing footprint. There is no breakwall and no road along the beach. Issues raised by SBPC regarding the plan were noted. The final design will now be drawn up, and then compared with Option 3b using the criteria of safety, costs and environmental impacts. It is anticipated that this work will be completed in October 2011.
Finalists in Clean Beaches Awards!
Friends of Mallacoota featured prominently in the recent Keep Australia Beautiful Victoria (KABV) Awards night, held at the Melbourne Cricket Club on 29th July, by achieving finalist status in five of nine categories.
June Drake, James Thyer, Jenny Mason, Bob Semmens, Maryanne Crocker and Michael Drake with their finalists awards at the MCG
The Keep Australia Beautiful Awards celebrate and recognise the wonderful effort communities put into sustaining their local environments and making them better places to live in. This year KABV received 45 individual entries, consisting of 126 initiatives, from all levels of community such as Councils, local community groups, schools and individuals.
Friends of Mallacoota were finalists in Community Action (Save Bastion Point Campaign), Protection of the Environment (Restoration Works and Bird Conservation), Cultural Heritage (Request for Significant Landscape Classification for the Mallacoota Foreshore), and Community Leadership. See Media Release for more information.
The full results and other information about the awards can be found at Sustainability Victoria Keep Australia Beautiful Victoria.
‘Misleading and Inaccurate’- Bastion Point Economics Report in the News Again
The Bairnsdale Advertiser of 11 July 2011 has reported on another East Gippsland Shire Council debate (5 July 2011) on Bastion Point. This debate was sparked by concerns with the EGSC-commissioned Buchan Consultant’s economic report: Councillor Mendy Urie raised the issue as a matter of good governance; Cr Bill Gamble described the Buchan report as both ‘misleading and inaccurate.’ See article here.
The Buchan report has already undergone two revisions, with one revision fixing a mathematical mistake that saw the report (as used in funding applications to the previous government) overstating benefits by $2.8 million per annum, or $56 million over a 20 year period. See Council Admits Economics Flawed.
Earlier this year, SBPC sent 14 questions to Council regarding the November 2010 revision of the bungled report. We believe that the latest Council debate may have been initiated as a result of Buchan Consultant’s responses to these questions and others questions raised by Mallacoota residents.
Council CEO Steve Kozlowski briefed Councillors on the Buchan issue on 7 June 2011. We have yet to receive any of the documents discussed.
The Bairnsdale Advertiser also reported on comments made by Member for Gippsland East, Tim Bull, on the government’s current examination of the SBPC alternative: Study on existing boat ramp upgrade.
Lower Impact Option Finally Taken Seriously
The Government has confirmed its intention to undertake an assessment of an alternative option at the existing site. The intention is to produce a report to enable proper comparison with option 3b. Hyder Consultants have been engaged to do this work, which will include detailed drawings, cost estimates and a safety audit. Criteria in the comparison will include safety, costs and environmental impacts. Read more details in Update 17.
Brumby Government Overrode Both Planning and Safety Funding Panels on Bastion Point Breakwater
Documents obtained by Freedom of Information (FOI) demonstrate that the Brumby government rolled two separate Panels who recommended against the Bastion Point breakwater and beach road development – first Minister for Planning Justin Madden overrode departmental advice to accept the findings of an Independent Planning Panel Inquiry , and then Transport Minister Pallas overrode a panel assessing grant applications under the Boating Safety and Facilities Program (BSFP).
See Royce Millar’s 18 April 2011 Age article and our Media Release.
FOI documents from the Department of Transport demonstrate the extraordinary lengths the Brumby government went to in progressing the Bastion Point breakwater being planned by the East Gippsland Shire Council – which was required to secure the vote of Independent Craig Ingram. Ingram had made the construction of the breakwater a condition of his support in the event of a minority government
The BSFP assessment panel report described the project a ‘Substantial structure to improve access for recreational boaters who would not normally consider boating in the open ocean from the existing facility’.
The boating safety panel’s overall assessment was: ‘Not recommended: The applicant has not referred to the MSV Safety Audit or addressed the ongoing management of this site. The applicant has not established demand – the project does not respond to existing demand by recreational boaters but seeks to increase demand by its presence ….The case of demand from recreational boaters has not been made’.
An analysis of the failure of Victoria’s Environmental Effects Act in the case of Bastion Point may be seen in the Pacific Rim Law & Policy Journal.
For much greater detail, see Background Information. Downloads of all the FOI files are available here. The article generated great interest in local media and in letters to the Age.
Government to Investigate Alternative Option for Bastion Point
At a meeting held with SBPC last week, senior DSE staff confirmed that the Government is investigating the alternative concept that had been suggested by the Panel and community, before formally considering the Council’s planned breakwater and beach road development. The Government will engage consultants to draw up a design, using the alternative concept put forward by SBPC as a basis.
We welcome this move by the Government, which gives some hope for a sensible outcome. However, we have strong concerns that a proposal such as Option 3b, which clearly does not meet the requirements of the Coastal Management Act, will still be considered.
Thanks to all our supporters for helping to turn the tide. However we must continue to put the case for a low impact facility– see our What can I do? page for suggestions.
Boating Report gives insight into ocean conditions at Bastion Point
Volunteers from Mallacoota have been counting boats over the last 6 months – not because they can’t sleep, but to collect data to better inform decisions on economic and safety issues at Bastion Point. 
The report indicates that wind speed is a major determinant of boat launching at Bastion Point – and a breakwater won’t do anything to change that. See the report here.
At the same time, a new low impact ramp has been opened at Torquay’s Fishermans Beach – see our one pager on this recently completed ocean access boat ramp that meets relevant Australian Standards, whilst giving full consideration to preserving the social, landscape and environmental values of the area.
New Victorian Government can now turn tide on Bastion Point overdevelopment
The Save Bastion Point Campaign today called on the new Victorian Government to act swiftly on its election commitment to review the East Gippsland Shire Council’s proposed overdevelopment of Bastion Point, Mallacoota. Four of the five Gippsland East candidates either opposed or wished to see the proposal reviewed while Craig Ingram, the only candidate supporting it, lost his seat. Read our Media Release.
Australian Coastal Society says Breakwater Acts Against Regional Economy
The Australian Coastal Society has made a strong statement that the Bastion Point breakwater and over-beach road will damage the regional economy. See their Media Release, and also the Campaign Media Release on the latest economic aspects of the development.
Candidates Helpful on Bastion
Candidate positions revealed in the Mallacoota Mouth, and in the Bairnsdale Advertiser, show grass roots candidates other than Independent MP Craig Ingram are not very supportive of the ‘Option 3b’ breakwater plan. In the Mouth, Labor candidate Greg Cooke says “I believe the alternative option provided by ‘Save Bastion Group’ is a better option”, in spite of the Government’s committing financial support prior to environmental approval. Liberal candidate Sonia Buckley says she “will not be supporting the 3b proposal”, with the the Nationals Tim Bull pledging to “take a very good look at it”. The Coalition has said they will review the project as part of the necessary consents and approvals process.
Mr Ingram has again used the “Its just a boat ramp” line – which he had used at the Panel Inquiry hearings, and declared in the Bairnsdale Advertiser he was the only one of the candidates who had shown leadership on the issue.
Council Admits Economics Flawed
After our Campaign brought to East Gippsland Shire Council’s attention the major mistakes in the Buchan Report on Bastion Point economics, the consultants have released a revised report. The consultants have corrected for the $2.8 million annual mistake, which has been labelled by Council as ‘an anomaly’. Read our Media Release on the revised Buchan report, and see the one page Economists at Large response and our 10 point summary of the where the revised Buchan report still doesn’t add up. According to the Council Media Release, Buchan reduced their calculated benefit cost ratio to 1.6 – this is a quarter of that previously advised as it falls from 6.4 to 1.6. It has now been confirmed that the original version of this report, which is so far out in is economic predictions, was used in Council’s grant applications for funding by Regional Development Victoria and Transport Safety Victoria. See the Bairnsdale Advertiser article, and letters. See also Bastion Funding Fails the Tests.
Bastion Point Funding Fails The Tests
A fiery meeting in East Gippsland Shire Council on 9 November 2010 has exposed how fast-tracking of funding for the Bastion Point harbour development has papered over glaring errors in consultant reports and failed official funding tests. See the report in 12 Nov 2010 Bairnsdale Advertiser. See also our 15 Nov 2010 Media Release.
The Council debate also revealed that despite Council being alerted to an annual $2.8 million calculation mistake in the economic benefit analysis of the development by Buchan Consulting, Council staff had not informed the Minister of the error – which over the 20 year period the study examined, would amount to a $56 million overstatement of the gross benefits of the project.
The Director Development for the Council has waited over a month for a response from Buchan about the error – but has passed on the initial explanation that it is only a one line error and won’t affect the economic analysis. This is untrue on both counts, as the error stems from a table with many rows in error, and it is used integrally in the calculation of the benefit cost analysis of the project.
On the same day that Council officers were made aware of the error, Council applied for funding to Regional Development Victoria (RDV) without correcting the gross exaggeration of the economic benefits. Twelve business days later, Minister Pallas approved the funding. It is reported in ABC online that the funding announcement was made before environmental approval, to shore up Mr Ingram’s position as the local MP who can “get results”.
The election provides all political parties with the opportunity to commit to restoring due process so the community can reach a Win-Win solution, not the impending debacle that is Council’s Bastion Point harbour development.
Beach Balls Target Labor’s Bulldozer Politics
Despite just a few hours notice, a band of Bastion Point supporters took part in delivery of 40 beach balls from the people of Mallacoota to Premier John Brumby on 5 November 2010. The balls had messages written on them urging the Premier to think again about Bastion Point, and preserve it for all. We were grateful to Sue Pennicuik, Greens Member for the Legislative Council (Southern Metropolitan), for attending at such short notice. As the Government was in caretaker mode, Premier Brumby wasn’t in at Treasury, but the balls were presented to Mr Brumby’s office by Mallacoota Boardrider’s Tim Frazer. See our Media Alert. Click on images to enlarge – high resolution images are available via our Contact page.
Labor Puts Cart Before Horse in Funding Controversial Bastion Point Harbour Development
Save Bastion Point Campaign has condemned Ports Minister Tim Pallas announcement on 27 October 2010 that the Labor Government will provide $6.5 million funding for a boat harbour at Mallacoota’s iconic Bastion Point. The funding has been announced before environmental approval has been given by Minister Jennings and cultural heritage approval by Aboriginal Affairs Victoria. Read the SBPC Media Release. You can read Minister Pallas’ Media Release here.
The Last Bastion to be Defended in Inner City Marginal Seats
The Campaign launched an advertisement in The Melbourne Times on 27 October 2010, asking city voters to help defend Bastion Point. Please see our Advertisement and Media Release, which explains why it is important that Victoria’s premier coastal wilderness destination be preserved, and why voters should ask their local politicians what they would do to preserve our coastline.
Bushwalking for Bastion Point
An intrepid group of travellers has set off from Ben Boyd National Park, finishing in Mallacoota on 31 October 2010. The walkers, led by outdoor recreation student Sil Philpott, hope to raise awareness of the Bastion Point issue. A barbeque will be held to celebrate the end of the walk on Sunday 31 October 2010 in Mallacoota’s main street. See the article in the Snowy River Mail.
Annual $2.8 Million Black Hole Found in Council Economic Study
An annual $2.8 million black hole has been discovered in an East Gippsland Shire Council commissioned economic impact assessment into the Bastion Point development.
Save Bastion Point Campaign and Mallacoota residents say it raises major concerns over the credibility of the entire report. See our Media Release, or double click to enlarge the advertisement that ran in the Bairnsdale Advertiser of 11 October 2010.
The study, by Buchan Consulting, was used by Council officers to rush consideration of the development through Council on 3 August, and is believed to be being used to justify the development in seeking government approvals for building and funding the development.
See a one page summary of the Buchan economics report.
See the Annotated Buchan Report where the report’s main mistake is in Table 21.
See how much take-away food and groceries you can buy for $50, which the report says Mallacoota residents will eat on top of their normal diet each time they use a new facility!
See how it was reported on the front three pages of the Bairnsdale Advertiser.
Alternative Concept a Win-Win
The week beginning 27 September 2010 saw the distribution by newspaper and mail of 10,000 copies of a poster that shows two possibilities for Bastion Point; one that preserves its natural values and enhances ocean access and tourism – the other is Council’s planned breakwater that removes beach from public access, creates a dredge-spoil dump, and creates dangerous ocean access into breaking waves. See our Media Release, hear spokesman Leo op den Brouw speaking on ABC radio, or see further details on our Alternative Concept page.
Friends of Mallacoota at VCAT
A case was heard in VCAT between Friends of Mallacoota and the Department of Planning and Community Development and the Minister for Planning, over access to documents under Freedom of Information. The case was heard on 5, 15 and 16 September 2010. A judgement is expected within the next few weeks.
Community Gathers for a Positive Bastion Solution
A crowd of around 120 people of all ages braved a rainy night on 4 Sept 2010 to attend a community event at the Mallacoota Mudbrick – to affirm a positive way forward for Bastion Point and not the breakwater Option 3b being proposed by EG Council. The evening was a great success and showcased local talent. Thanks go to those who organised and made the event a great night: Tim Frazer, June Drake, Gail Sands and Melinda Beacham, just to name a few of the many volunteers
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Devastated gallery turns its back on councillors
The East Gippsland Shire Council voted at their 3 August 2010 meeting 5 to 3 in favour of proceeding to seek government approval for their controversial breakwater development at Bastion Point, Mallacoota. Councillors had just over one week to make their decision after receiving the final design and economic reports which have come under considerable criticism. See our Media Release and ABC news coverage, and Council Minutes.
Click on the photos below to see photos of the 60 people who travelled from Mallacoota, Melbourne and around Bairnsdale to oppose the development.
Council economic study flawed
SBPC commissioned Economists at Large to review an economic impact assesment written for East Gippsland Shire Council (EGSC) by public relations firm Buchan Consulting Pty Ltd. Economists at Large concluded the serious methodological problems within the Buchan economic impact assessment call into question the validity of the results. Buchan Consulting is the fourth company EGSC has commissioned to write an economic report on its proposed harbour development.