A date has been set for a hearing in the NSW Land and Environment Court into the controversial Belongil rock wall proposal.
The matter will be heard on 28 October this year.
Despite that, the site at Manfred Street, Belongil, has been handed over to the contractor to begin construction of the wall.
Byron Shire Council’s legal services coordinator Ralph James said the hearing followed the recent unsuccessful injunction by a local group to stop the construction works subject to the completion of an Environmental Impact Statement.
Mr James said the beach access at Manfred Street, Belongil, had been closed to public to allow the works to go ahead.
Mr James reminded residents and visitors not to enter the work site.
‘Work sites often attract public curiosity and fences and signage are put in place to keep a safe distance away from the heavy machinery, equipment and materials,’ he said.
‘Please use alternative beach access points during the next 12 weeks,’ he said.
But while construction may have started, local environment group Positive Change for Marine Life, being represented by the Environmental Defenders Office (EDO), is still hoping to win its case at the October hearing.
It’s important to remember: if the Env Court decides that these works are in error, the entire construction must be removed. Yes, all the rocks. The site returned to what it was before.
So by not taking a voluntary injunction, this council is making an approx $1.5 million + bet that the court will uphold this action. The OEH and the Coastal Panel advise against it. Meanwhile, the meetings are being planned for the sand nourishment schemes which must now be developed (i.e. pumping sand from Tallows, etc)
The Mayor tried to get a motion for voluntary injunction passed yesterday to halt works til a decision by court was made. This was defeated 5-4.