Supreme Court Case now 10th May
Bastion Point and cynical planning politics
The Windsor Hotel redevelopment document accidently leaked by Minister Madden’s media advisor (25 Feb 2010) reveals a strategy to undermine an advisory committee report, and manipulate a community consultation process. As you can see in the full Madden Media Plan, it also contains the line ‘ March 16 and 17 Bastian (sic) Point decision in Supreme Court’, with the following dot point -’Documents tabled on Feb 16 – will need cover as allegations against Minister’s actions’. Minister Madden tabled his submissions for the case on 16 February. See also Melissa Fyfe’s 7 Mar 2010 story in The Age regarding this wording.
Minister Madden has laid the blame on the media advisor, claiming it is an internal draft document. However, the leaked document names as ‘strategy’ a sham public consultation to undermine an advisory committee. Is this the type of background manipulation Minister Madden has employed with Bastion Point?
Bastion Point Issue on Show in Bairnsdale
Following January’s hugely successful exhibition and auction in Mallacoota of Norm Neilson’s Bastion Point photographs of Bastion Point, Norm has held an equally successful exhibition and auction in Bairnsdale.
The event made sales of around $10,000, and has helped greatly in spreading the word about what is happening at Bastion Point.
The exhibition made the front page of the East Gippsland News
Photo Exhibition a Huge Success
An exhibition and auction of Norm Neilson’s photos of Bastion Point was held at Mallacoota’s Mudbrick Pavilion from 21 to 23 January 2010, culminating in an auction event.
Over 400 people visited the exhibition. All of the 42 works were sold, resulting in over $10,000 being made for the campaign. See our media release here.
Norm’s works will also be shown from 8-13 February at The Stables, 58 Service St Bairnsdale; please download invitation for details of showing times.
Mallacoota Signs Up!
Visitors to Mallacoota over January 2010 will have noticed the large number of homes with signs expressing the community opposition to breakwalls, dredges, and beach roads at Bastion Point.
We know the signs have alerted many visitors to what is happening at Bastion Point.
Even the East Gippsland Shire Council is interested – an officer was spotted driving around taking photos of our signs!
Supreme Court Hearing – 16, 17 March 2010
The case of Friends of Mallacoota Inc. versus Minister for Planning, and Minister for Environment and Climate Change has been fixed for trial in the Supreme Court on 16 March 2010 for two days.
Members of the Public are welcome to attend.
See Madden Decision Taken to Supreme Court for more detail.
Council Begins so-called ‘Community Consultation’
Following East Gippsland Shire Council’s decision to proceed with design of the Option 3b breakwater and road along the beach, it has convened the ‘Mallacoota Ocean Access Boat Ramp Community Advisory Committee’, MOABRCAC. After much deliberation, we felt that there could be some benefit to being on this committee. We have written to Council expressing the following:
“Save Bastion Point Campaign has decided to nominate a representative to MOABRCAC on the condition that its participation in the Committee is not construed in any way as indicating:
· that Save Bastion Point Campaign believes that the Minister’s decision to approve the option 3b boat ramp was lawful
· that steps that have been taken to implement the Minister’s approval are legitimate
· that Save Bastion Point Campaign supports or endorses option 3b.
Save Bastion Point Campaign maintains its position that it is inappropriate for such a committee to be formed whilst the Minister’s assessment decision is the subject of a legal challenge in the Supreme Court of Victoria. Similarly, Save Bastion Point Campaign maintains its support for the Inquiry Panel’s recommendations.”
Council Begins Breakwater Design
Despite the Independent Panel recommendations and current legal action in the Supreme Court, East Gippsland Shire Council has called for tenders for the design phase of the Option 3b breakwater and over-beach road. An update will be posted when further details are known.
The Point Benefit Concert Rocks
The Point Benefit concert held in Mallacoota on 3 October 2009 was a great success. The venue was filled to capacity. The event was MC’d by Mick Bartholemew, introducing musicians such as Penelope Swales, Justin Brady, Mal Webb, Ross Webster, and the Mallacoota Jazz trio (Ken Vatcher, John Grunden and Mike Webb). Over $2,500 was raised for the campaign. A fantastic feeling of solidarity and support!
Hearing Date Set
The directions hearing for the judicial review of Minister Madden’s decision was held on 25 August 2009. A timetable was made setting out dates on which the defendants will provide their affidavit material in response to our application, and then further dates on which we will provide our arguments, and the defendants theirs. The hearing has been set down for no earlier than 9 March 2010.
Thankyou so much to all those who have donated to our fund – we are on the way, but would greatly appreciate further donations.
Madden Decision taken to Supreme Court
Friends of Mallacoota, a member group of Save Bastion Point Campaign, on 4 August 2009 filed proceedings in the Supreme Court seeking judicial review of Minister Madden’s June 2009 decision to ignore the advice of his own Independent Inquiry, and allow the breakwater development to proceed.
This is the first time in Victoria ’s history a community group has sought review of the Planning Minister’s Assessment under the Environment Effects Act in the Supreme Court.
Please see media releases from Friends of Mallacoota and ACF/VNPA. We would greatly appreciate donations to help fund our legal challenge.
Council Votes to Ignore Independent Panel Report
Council was to vote at its 7 July meeting on a motion by Councillor Bill Gamble, supporting the Independent Panel findings and calling on other councillors to follow the Panel’s suggested way forward for a low impact option.
However, at the packed meeting the motion was controversially ‘amended’ by Councillor Jane Rowe to instead support progressing the design of the Option 3b breakwater, with a subsequent amendment calling for futher safety and economic analysis. This motion was passed, with Councillor Gamble and Mayor Mendy Urie voting against.
See the minutes of the council meeting of 7 July 2009, and a full transcript is available here. The original recording of the meeting is available for those wishing to check the transcript is accurate.
The following month’s council meeting saw council proceeding with establishment of a community advisory committee to oversee some aspects of the design of Option 3b; see the minutes for 4 August 2009. This meeting also introduced the Terms of Reference for the community advisory committee.
Minister Goes Against Inquiry Recommendations
Minister Justin Madden has given the go-ahead for the breakwater proposal, despite his own Inquiry Panel releasing findings that are damming of the proposal. The Minister’s 11 June 2009 decision and the Inquiry report can be found on the DSE website .
Only twice in Victoria’s history has an independent panel found in favour of a community group rather than a development proposal.
The Save Bastion Point Campaign is shocked and outraged that the government has ignored the open Inquiry it has promised. Click here for the SBPC Media Release.
The Minister’s press release can be found at Madden Press Release.
The expert Panel appointed by Minister Madden did not recommend any of the East Gippsland Council proposed options. It had serious concerns with safety and long term usage of the Option 3 proposal. It found that the proposal had poor economic indicators, and was likely to lead to the long term detriment of Mallacoota’s tourism potential. The Inquiry recommended that the Council’s proposed development offered no overall societal benefit, and that an upgrade of the existing ramp and parking be undertaken.
Political Lobbying
It is imperative that we keep politicians aware of the strong community opposition to the proposed development and all its associated problems. Read our suggestions of what to write and to whom.
Update no 12
Road on the beach, inquiry hearing, political lobbying… read more…update no 12
Inquiry Hearing Wraps Up
The Inquiry was held over a marathon 3 weeks, ending on August 5. We can be proud of the community effort – both at Mallacoota and Melbourne.
Read the Save Bastion Point Campaign’s opening address and the closing submissions.
Letters of Support
A series of letters appearing in the Bairnsdale Advertiser on 28th of September expressing support for Linette Treasure and outrage at East Gippsland Shire expenditure on the Bastion Point Development – a travesty of democracy. Bairnsdale Advertiser. 28th Sept 2007 Letters
Meeting Between Two Fires
On 4th September 2007, elders and other representatives of the Bidwal and Monaro (Aboriginal groups with a specific interest and relationship to Bastion Point), along with Yuin, Gunai/ Kurnai, Yorta Yorta, Bunurong and Wurrunjeri peoples, met in Mallacoota with local residents.
This inaugural meeting was regarded as a significant and historical gathering because it was the first time that members of all these Aboriginal groups, and residents of Mallacoota, had come together to discuss and agree on one issue.
The Aboriginal elders and representatives were united in their opposition to the proposed development. They agreed to oppose this development as a collective group, together with the residents of Mallacoota who are also against the development.
A letter stating their opposition to the Council’s proposed development was subsequently written and sent to all relevant Ministers in Parliament, and to the East Gippsland Shire Council.
Oppose breakwater NOW!
ALERT! The Ocean Access Bastion Point EES is on exhibition for public comment. Please write a submission opposing this development by 5pm, Monday, 16 July 2007. For your information see EES, Campaign Update and Submission Writing Kit. Please also join our SURFER AND BEACH USER RALLY. Meet at Federation Square, 10am Fri 8th June to walk to Parliament House. Wear wetsuit or beach gear, carry a surfboard!
Campaigners talk at Sustainable Living Festival 16 Feb 2007
Save Bastion Point Campaigners Tim Frazer and James Thyer will be giving a talk at the Sustainable Living Festival on Friday 16th February at 12.25 – 12.55pm in the festival’s Think tent. Get along to support the discussion on appropriate sustainable development for Bastion Point.
Local Surfriders raffle a second surfboard to Save Bastion Point
The Far East Gippsland Branch of the Surfrider Foundation Australia has successfully raffled a second surfboard to raise awareness and funds for the Save Bastion Point Campaign. The latest raffle was drawn at the 01/02/2006 club meeting. The 1st prize OKE surfboard and cover was won by Julian Counsel of Melbourne. 2nd prize of T-shirt, board shorts and leg rope went to Kym Haasz of Hawthorn, and 3rd prize of T-shirt, board shorts and leg rope was won by Trudy Reichelt of Mallacoota. The Mallacoota Surfriders would like to thank all those people that brought tickets. Proceeds go to a range of club activities. The Club would like to thank the sponsors OKE Surfboards and The Surf Shack for their generous prizes.
Bastion Point Blow-up
A pod of dolphins arrived to swim with local surfers, beach-goers walked to Bastion Point, locals prepared a BBQ – supporters came to share in the collective spirit that was the Bastion Point Blow-up, a Save Bastion Point campaign event, on Saturday 8th October.
EGSC Election Results
The results of the East Gippsland Shire Council (EGSC) election have been posted by the Victorian Electoral Commission. Former Councillors Ben Buckley, Jane Rowe and Harvey Bates were returned and a significant proportion of new councillors have been elected.
Chair of Surfrider Foundation comments on proposal
Managed Solution a Better Option to Headland Development Proposal at Bastion Point:
“Surfing is big business in Australia. Per capita, surfers spend as much, if not more than recreational fishers. The business of surfing relies on the image of a pristine environment – clean beaches with waves and people having fun.”
Click here to download (194KB).