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Delfin development threatens critically endangered bushland


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Article by Geoff Brown

Delfin Lend Lease, the developer of the ADI Site, is now promoting its new suburb. It has the appalling name of Jordan Springs (another generic Delfin project with Springs in the name).

Jordan Springs is the 230 ha area of bushland - the now critically endangered Cumberland Plain Woodland - found on the western (Penrith) side of the ADI Site. Check out the spin from Delfin http://jordansprings.com.au/

There should now be a big question mark over this development

There should now be a big question mark over this development with both the NSW and Australian Government's upgrading Cumberland Plain Woodland from Endangered to Critically Endangered. You would assume any development that proposed to clear over 200 ha (there is still another suburb to go at ADI and it is 130 ha) of critically endangered bushland would be struggling to get approval.

Penrith Council recently approved the first 6 ha subdivision prior to the critically endangered listing.

Penrith Council, Delfin, Peter Garrett

They need to be hammered about this issue and reminded they have an obligation to reject developments that threaten critically endangered vegetation. They can easily justify refusal under the Threatened Species Act and the Environmental Planning and Assessment Act. Delfin have also got some kind of get out of jail free card from Peter Garrett whereby they don't have to refer their plans to him for assessment under the EPBC Act. This is appalling as any other proposal in Australia that threatens matters of National significance needs the approval of the Federal Environment Minister.

We are meeting with Garrett's adviser next week and will be raising plenty of issues with him about protecting CPW and the Western Sydney Priority Lands. Also the Cumberland Plain Recovery Plan which is a joint State and Federal Govt Plan.

Comments

This is outrageous! Why can't we sack the government? How much further are they going to go, breaking all the laws to suit the developers' pockets?
This year 2010 is the year that the Convention in Biodiversity, to which Australia is a party, has committed to reduce biodiversity loss. What is Australia doing? NOTHING.
The same thing is happening here in the Tweed Shire. It keeps going from bad to worse with species extinctions set to skyrocket thanks to the same policies as we see here.
Are we just going to sit here and do nothing? There will be no future if we do...

"It’s embarrassing for Australia that we eat our own wildlife ....I’m here to tell you it’s just not right. Simply do not buy, use or eat kangaroo products”
~ Steve Irwin
Sign the most important petition ever created to help kangar

Menkit asks ...

" ... How much further are they going to go, breaking all the laws to suit the developers' pockets?"

.. and so I now ask the question "How would you like it if the developers were allowed to actually WRITE the legislation so they could not only get what they want, regardless of the consequent social and environmental havoc, but to implant in that legislation the means whereby no person could challenge it?"

That is what has happened in Tasmania. The chronicle of deceit appears in a comprehensive article here: http://tasmaniantimes.com/index.php?/article/ricko1/

It's the wickedness of what's happening in Tasmania under a corrupted Labor government that has motivated Australia's much-loved Gardening Guru, Mr Peter Cundall, to resolutely protest outside Parliament's doors, an action for which he and others with him were arrested.

Developer control of Parliament and its processes, something that can't happen without illicit acquiescence, is another example of state-subsidised capitalism wherein We the People finance our own poverty.

You can read more about what's happening in Tasmania here at ...

http://tasmaniantimes.com/index.php?/pr-article/tap-supports-cundalls-accusations-of-corruption/

.. from which the following comments were copied:

TAP supports Cundall’s accusations of corruption.

Bob McMahon
05.02.10 5:07 am

TAP INTO A BETTER TASMANIA

MEDIA RELEASE Friday Feb 5th 2010

TAP supports Cundall’s accusations of corruption.

“Labor and Liberal plotted to corrupt the legislative process in the Tasmanian Parliament” stated TAP Into A Better Tasmania spokesperson Bob McMahon.

“And they succeeded.

“Despite many public statements accusing Gunns of substantially drafting its own legislation to assess its pulp mill (Pulp Mill Assessment Act 2007), the latest by Peter Cundall, neither Gunns nor its fellow travellers in the Labor Government and the Liberal Party have denied the accusation,” asserted McMahon.

“Their silence confirms their guilt.

“All these parties determined to effect a coup d’etat by conniving in the corruption of Parliament and the corruption of due process in Tasmania,” asserted McMahon.

“Gunns was to draft the legislation with passing reference to the public service to put a gloss of legitimacy upon it. It then shot through Parliament at the speed of light and came out the other end with a wholly predictable rubber stamp.

“For those who have wondered why the Pulp Mill Assessment Act is so obscenely favourable to Gunns, especially Section 11 which denies the public access to its own legal system for redress from pulp mill impacts, it is because they wrote it.

“Furthermore, prior to the Gunns wholly predictable withdrawal from the RPDC in March 2007, the full resources of the public service were made available to Gunns for the drafting of their proposed pulp mill Integrated Impact Statement and related work.

“Putting aside the legality of a government subverting public institutions for the benefit of a company, at what cost to the Tasmanian public did those hundreds, perhaps thousands of working hours devoted to supporting the Gunns bottom line come?” asked McMahon.

“We are going through a tragic time in the history of Tasmania and it is only possible to press the restart button if the PMAA is repealed. The stench of corruption surrounds that document like road kill on a hot day,” concluded McMahon.

In the lead up to the State election, TAP will target those politicians who were party to the subversion of parliament and the legislative process. TAP’s aim is to force politicians to answer for their corrupt actions.

Pulp Mill Assessment Act 2007 (No. 4 of 2007)
Requested: 7 Feb 2010
Consolidated as at: 7 Feb 2010

11. Limitation of rights of appeal

(1) Subject to subsection (3) and notwithstanding the provisions of any other Act –

(a) a person is not entitled to appeal to a body or other person, court or tribunal; or

(b) no order or review may be made under the Judicial Review Act 2000; or

(c) no declaratory judgement may be given; or

(d) no other action or proceeding may be brought –

in respect of any action, decision, process, matter or thing arising out of or relating to any assessment or approval of the project under this Act.

(2) For the purposes of subsection (1), "any action, decision, process, matter or thing arising out of or relating to any assessment or approval of the project under this Act" includes any action, decision, process, matter or thing arising out of or relating to a condition of the Pulp Mill Permit requiring that the person proposing the project apply for such other permits, licences or other approvals as may be necessary for the project.

(3) Subsection (1) does not apply to any action, decision, process, matter or thing which has involved or has been affected by criminal conduct.

(4) No review under subsection (3) operates to delay the issue of the Pulp Mill Permit or any action authorised by that permit.

----o0o----

The above extract is from http://snipr.com/uah2t [www_thelaw_tas_gov_au] which is a coded version of http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=ALL;doc_id=4%2B%2B2007%2BGS11%40EN%2B20100207090000;histon=;prompt=;rec=;term=Pulp%20Mill%20Assessment%20Act which was obtained by utilising SnipURL at http://snipurl.com/site/index