Menu

Solar train case dropped

A community action group’s case against the Byron Bay Railroad Company’s solar train has been dropped. File photo

Byron’s solar train appears to have cruised clear of its legal difficulties after a local residents’ group withdrew proceedings against the operators of the service.

On March 26 the Belongil Action Group Association formally withdrew their Land and Environment Court action against the operators of the train, the Byron Bay Railroad Company.

The residents launched proceedings in December last year, claiming that the operation of the train, which runs for three kilometres from Sunrise to Byron, involved a breach of environmental zoning rules.

They said that the small section of track which crossed Belongil Creek was covered by a W1 Natural Waterways zoning under the Byron Local Environment Plan and so was operating unlawfully.

Their action included a failed attempt to stop the train through an injunction application.

The Land and Environment Court’s Chief Judge Brian Preston dismissed this application. However, he noted that there was a ‘serious question to be tried in relation to the matter’.

In a statement, the group said it had chosen to withdraw because of ‘the burden of cost to community participants in prolonged litigation’.

The group had elected to take the Railroad Company ‘on trust’ but would ‘continue to work towards monitoring and ensuring a low impact environmentally sound service that meets community expectations’.

In its own statement, the Railroad Company said it had become apparent as the case went on that ‘BAGA’s legal argument was not strong and that Byron Bay Railroad Company were operating on a lawful basis.’


Leave a Reply

Your email address will not be published. Required fields are marked *

 

Become a supporter of The Echo

A note from the editorial team

Some of The Echo’s editorial team: journalists Paul Bibby and Aslan Shand, editor Hans Lovejoy, photographer Jeff Dawson and Mandy Nolan

The Echo has never underestimated the intelligence and passion of its readers. In a world of corporate banality and predictability, The Echo has worked hard for more than 30 years to help keep Byron and the north coast unique with quality local journalism and creative ideas. We think this area needs more voices, reasoned analysis and ideas than just those provided by News Corp, lifestyle mags, Facebook groups and corporate newsletters.

The Echo is one hundred per cent locally owned and one hundred per cent independent. As you have probably gathered from what is happening in the media industry, it is not cheap to produce a weekly newspaper and a daily online news service of any quality.

We have always relied entirely on advertising to fund our operations, but often loyal readers who value our local, independent journalism have asked how they could help ensure our survival.

Any support you can provide to The Echo will make an enormous difference. You can make a one-off contribution or a monthly one. With your help, we can continue to support a better informed local community and a healthier democracy for another 30 years.”

Echonetdaily is made possible by the support of all of our advertisers.