To the Honourable Minister for the Environment and Water, Tanya Plibersek, I, ________________, urgently call upon you to exercise your Ministerial powers under the EPBC Act, 1999 in regards to the development of “Wallum” (15 Torakina Rd, Brunswick Heads NSW, 2483 ... SEE https://thewallum.blogspot.com/p/the-site.html), a critically important site containing Matters of National Environmental Significance (MNES) - DA 10.2021.575.1.
“Wallum” consists of ~30ha of irreplaceable and rare coastal ecosystems in the Byron Shire, home to threatened species and ecological communities including the Glossy Black Cockatoo, Long-nosed Potoroo, Koala, Wallum Sedge Frog and many others. It is crucial that the laws that are applicable to the site and the Matters of National Environmental Significance are fully complied with.
I am aware that your office reminded the developer of their legal obligation to refer the development to you, however, they refused to do so. I understand that the developer has formed the view that their development will not likely have a significant impact on the environment and the Matters of National Environmental Significance.
Minister, it can't end there because there is a body of evidence from independent experts that says the development is likely to have a significant impact on Matters of National Environmental Significance. I believe that it is therefore now up to you to act before it's too late. I urge you to now use your power and request the developer to refer the development to you because it is likely to have a significant impact on the relevant Matters of National Environmental Significance. The power is in your hands to intervene.
The risks of not acting are too high. We risk this vital area being bulldozed, further fragmenting critical habitat for a myriad threatened species which are Matters of National Environmental Significance, while exacerbating climate change and associated extreme weather events, which are increasingly prevalent within the Byron Shire and our Northern Rivers region.
As a concerned Australian, I worry about the legacy that we will leave for future generations to come. You have the power to decide whether that legacy is one that includes thriving ecosystems supported by clean air, pristine water, and unpolluted land, or, whether it's scarred by generations of greed and inaction, where natural processes can no longer sustain themselves and, as a result, neither can human populations.
Minister, please don't leave this to the community to have to engage in onerous and resource intensive litigation in the Federal Court to seek an injunction to ensure our federal environmental laws are complied with.
This development has already slipped through so many contemporary environmental safeguards and community consultation requirements at the state level, because it is essentially a 'zombie DA'.
We have the chance to properly assess this development's impacts on the relevant Matters of National Environmental Significance, but it will require you to act. I urge you to do all that is within your power to immediately act and request "Wallum" (15 Torakina Rd, Brunswick Heads, NSW) be referred to you under the EPBC Act, 1999.
Yours sincerely, _______________________ Address _______________________ _______________________ Postcode _______________
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The link to Penny Sharpe’s NSW Minister for Climate Change, Energy, the Environment and Heritage, Penny Sharpe contact form is here: https://www.nsw.gov.au/nsw-government/ministers/minister-environment-heritage
FORM POST to Copy, modify & Paste the letter below or use it to help frame your submission to the Minister:
To the Honourable NSW Minister for Climate Change, Energy, the Environment and Heritage, Penny Sharpe
We kindly request an URGENT interim heritage order to protect the wallum site located at 15 Torakina Road Brunswick Heads (DA 2021/575) in regards to the development of “Wallum” (15 Torakina Rd, Brunswick Heads NSW, 2483 ... SEE https://thewallum.blogspot.com/p/the-site.html), from bulldozers for a housing development as it holds natural, scientific & cultural significance. Alternatively, we ask that you make a declaration under the NP&W Act as an Aboriginal place for the wallum site in order for it to be assessed properly for cultural significance.
Please use your ministerial powers to intervene before we lose another culturally significant ecosystem to a Zombie DA. Byron Shire Council has issued a construction certificate on 7 February 2024, accordingly bulldozers are imminent.
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The link to Paul Scully’s contact form is here:
https://www.nsw.gov.au/nsw-government/ministers/minister-for-planning-and-publicspaces
Copy, Modify & Paste the letter below or use it to help frame your submission to the Minister:
To the honourable Paul Scully, Minister for Planning & Public Spaces We kindly request you URGENTLY revoke the decision to approve a
housing development at the ‘Wallum’ site situated at 15 Torakina Road
Brunswick Heads (DA 2021/575). in regards to the development of “Wallum” (15 Torakina Rd, Brunswick Heads NSW, 2483 ... SEE https://thewallum.blogspot.com/p/the-site.html),Bulldozers are imminent as Byron Council have approved a construction certificate on 8 February 2024. Since your department were the consent authority for this development through the NRPP in May 2023 and previously in 2013 as a concept plan, your department has the authority and power to revoke such a poor planning decision.
The proponent will be in breach of matters of national environmental significance and will be reported accordingly if you allow this unsustainable housing development to occur on culturally significant and nationally threatened species and habitats.
We the community strongly oppose this ‘Zombie DA’ and request you revoke the decision, rezone the wallum site as environmental conservation or refer the matter to the Federal Environment Minister for assessment under the EPBC Act. We will not stop until this pristine biodiverse coastal swamp heathland with numerous threatened species is protected from inappropriate development,
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