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.
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.