25.9 C
Byron Shire
April 11, 2021

Belongil rock wall may face legal traps

Latest News

A win for the roughy

The battle for the 'roughy had been a tough road for conservationists and hopefully this win will be the last fight.

Other News

New film celebrates getting back outside

'Free From Lockdown: Back Out in Nature' is a new short film in which a group of disabled and non-disabled performers from the Northern Rivers celebrate being in nature after COVID lockdown.

Interview with Dan Willis

Dan Willis brings Best of British back to the Byron Comedy Festival. It was a sellout last year, with the audience confirming it as one of the favourite shows of the program. Dan is back – this time with Rory Lowe and John Flynn, and spoke with The Echo…

Shearwater almost perfect with 99kW solar

Shearwater, the Mullumbimby Steiner School, has made the switch to solar, installing a 99 kW system to power the school into the future.

Another greyhound death in Casino

Another racing greyhound, Slim Pickings, has died at Casino. This is the third racing greyhound death in the Northern Rivers so far this year, and the second in Casino, putting a renewed spotlight on greyhound welfare.

Fundraiser for EB at the Beachy

At any given moment around 500,000 people, mostly children, live with Epidermolysis bullosa (EB) a group of rare medical conditions that result in easy blistering of the skin and mucous membranes. 

Police busy over Easter

Local police say they continue to be disappointed with driver behaviour after being kept busy over the last few days with various kinds of illegal activity.

Hans Lovejoy

Will Byron Shire Council’s Belongil rock wall project create legal liabilities on neighbouring walls?

One would imagine that such a question would need to be clear before embarking on a million-dollar project to dump rocks along a pristine public beach.

But no. The latest unknown that surrounds the Belongil Interim Beach Access Stabilisation (IBAS) works is an admission by council’s lawyers that the legal ramifications have no certainty.

The comment is included in the upcoming council agenda, and comes in response to Cr Duncan Dey’s question surrounding the hydraulic impact of the project on neighbouring walls, ‘which are known to be of lower strength’.

In their answer, staff say, ‘Further potential issues may arise in the present case in relation to “legal liabilities”, including the involvement of third parties, climate change impacts and legislative controls.’

The advice concludes with, ‘Legal Services cannot definitively comment on the “certainty” that the proposed IBAS walls will not create “legal liabilities”, in circumstances where so little is known about the facts that would go to determining the issue.’

Recently it was confirmed that the NSW government withdrew funding over concerns of loss of amenity and the size of the project.

Echonetdaily has previously reported Council’s project has blown over budget, and has no mitigation in place for the expected loss of sand to the beach.

Councillors Sol Ibrahim, Di Woods, Chris Cubis and Alan Hunter – with the vote of Cr Rose Wanchap – have consistently pushed for the project, despite strong community opposition.

Additionally, this right-wing voting block have successfully avoided environmental scrutiny of the project.

Cr Dey’s question was: How certain are we that the properly engineered IBAS walls proposed at Manfred Street Belongil will not create legal liabilities due to the hydraulic impact on neighbouring walls, which are known to be to of lower strength?

The staff answer was:

‘Legal Services understands that the IBAS walls will be constructed pursuant to industry standards, with specific regard to the surrounding circumstances and environment. Reasonable care will be undertaken by all parties during construction to exercise reasonable care and reduce the likelihood of foreseeable risk occurring.

‘Further potential issues may arise in the present case in relation to “legal liabilities”, including the involvement of third parties, climate change impacts and legislative controls.

‘At this stage, however, Legal Services cannot definitively comment on the “certainty” that the proposed IBAS walls will not create “legal liabilities”, in circumstances where so little is known about the facts that would go to determining the issue,’ the answer concluded.


Support The Echo

Keeping the community together and the community voice loud and clear is what The Echo is about. More than ever we need your help to keep this voice alive and thriving in the community.

Like all businesses we are struggling to keep food on the table of all our local and hard working journalists, artists, sales, delivery and drudges who keep the news coming out to you both in the newspaper and online. If you can spare a few dollars a week – or maybe more – we would appreciate all the support you are able to give to keep the voice of independent, local journalism alive.

1 COMMENT

  1. For so many reasons it is becoming increasingly clear that this project should not proceed prior to the ratification of the Coastal Zone Management Plan next year. If the Cabal of Five are so blind to this, one can only wonder about how much wisdom they are employing to reach any of their decisions.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Maybe Canberra needs a bit of distraction biff

Mick breathed in but his Cronulla Sharks football jersey struggled to contain his well-insulated six-pack and he held up his hand as he approached Bazza in the front bar of the Top Pub.

Council crews working hard to repair potholes

Tweed Shire Council road maintenance crews are out across the Tweed's road network repairing potholes and other damage caused by the recent prolonged rainfall and previous flood events.

Poor Pauline

Bob Vinnicombe, Sefton A lot of hypocrisy from Labor and The Greens about respect for women. Look at the treatment they dished out to Pauline...

New film celebrates getting back outside

'Free From Lockdown: Back Out in Nature' is a new short film in which a group of disabled and non-disabled performers from the Northern Rivers celebrate being in nature after COVID lockdown.