Darren Coyne
The failure of the state government to pursue a developer for alleged illegal clearing at Evans Head is a green light to the ‘white shoe brigade’, according to opponents of the proposed Iron Gates residential development.
The NSW Office of Environment and Heritage (OEH) has confirmed in an email to the NSW Environmental Defenders Office (EDO) that it would not be pursuing the matter further.
Echonetdaily reported in April that there had been further clearing at the Iron Gates site during April, in the same area that was cleared back in 2014.
The site, which was subject to NSW Land and Environment Court challenges 20 years ago, has never been properly remediated, despite court orders.
Evans Head Residents for Sustainable Development Inc. spokesman Dr Richard Gates challenged the state government to make a determination on the clearing that happened two years ago at the site.
‘It is of concern that here we are two years down the track since the original work was done and we haven’t had a peep out of the EPA,’ Dr Gates said.
The NSW EDO followed through those concerns with a request to the department of whether it would be taking action.
But in the email sent to the EDO on 6 June, Don Arnold from the OEH confirmed that no action was being taken.
‘Further to your recent request, the Office of Environment and Heritage (OEH) conducted a thorough investigation into allegations of clearing of native vegetation in breach of the Native Vegetation Act 2003 and damaging habitat of threatened species, picking plants that are part of an endangered ecological community and harming Aboriginal objects in breach of the National Parks and Wildlife Act 1974,’ the email said.
‘The investigation focussed on alleged conduct between December 2013 and May 2014.
‘The evidence obtained during OEH’s investigation was not sufficient to prove beyond reasonable doubt that any person had committed an offence.
‘OEH is currently considering whether there are viable options to seek the remediation of some of the cleared vegetation.
‘There is no limitation date in this respect.’
Meanwhile, the state government has allowed the recent exhibition of a draft master plan for the subdivision, which would allow for 176 residential lots and four public reserves with fire trails.
Dr Richard Gates said the whole saga showed that the state government, and the authorities involved, were not serious about upholding environmental laws.
‘I think it is a complete cop-out,’ he said.
‘From the aerial pictures it is clear that there were areas of wetlands cleared as well as the riparian zone alongside the Evans River.
‘Why wasn’t this pursued?’
‘It is clear that the white shoe brigade is back and is getting a leg-up.’
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