A ‘legacy’ floodplain development on the tidal estuary of Cobaki Creek, known to have recent koala sightings, was approved for a 37-lot subdivision in 1996 – that is 27 years ago. Ten days ago the new developer MAAS from Dubbo, who bought the Tweed Heads West property for $20m+ last year, commenced clearing at the site. Locals say that the access the developer has been using on Triga Street is not legal.
‘It has been a devastating ten days for our community, the Cobaki ecosystems and this precious estuary,’ said Lindy Smith, president of the Tweed District Residents Association and Ratepayers.
Flood prone site
‘The site is on the estuarine floodplain. There was disruption with roads etc in the 2022 floods and the site itself was considerably underwater during the 2022 floods. It was the longest period with vehicular access being cut to this area for residents for during the 2022 floods.’
This is an ongoing issue for ‘legacy’ developments on known floodplains, that have sat undeveloped for years but are now at risk of being developed due to the value of the sites, even though both state and federal governments have stated, after the March 2022 floods, that there will be no more development on floodplains.
Since the devastating 2022 floods and in the lead-up to the state elections local communities such as Tweed, Kingscliff, Tumbulgum and Chinderah etc have been highlighting the issue of flood-prone legacy developments to local councils, MPs and governments. Yet developments such as this one are being pushed forward, despite the dangers to the existing and future residents.
‘There will be a cumulative impact on the existing residential area as well as putting future residents at risk,’ pointed out Ms Smith.
Required referral to EPBC
In August and October 2022 there were three new listings to the Environment Protection and Biodiversity Conservation (EPBC) Act and Ms Smith sid that she had ‘flagged the changes’ to council.
‘I am aware that at least one of those communities is on the crown reserve adjacent to the site. These communities are floodplain and wet forest communities so it is very likely they would be on the development site.’
It is understood that the two ecological communities on the site that are protected are the Subtropical eucalypt floodplain forest and woodland of the New South Wales North Coast and South East Queensland bioregions and the Coastal Swamp Oak (Casuarina glauca) Forest of New South Wales and South East Queensland, Subtropical and Temperate Coastal Saltmarsh.
According to Ms Smith there was a specific condition in the amendment to the DA in 2012 that required that in the event that any threatened species populations, ecological communities or their habitats were discovered during the operation they would be required to refer the site to the EPBC.
‘It is very distressing that this extent of native coastal bushland can suddenly be removed,’ said Tweed Councillor De Nola Firth.
‘There needs to be changes at state and local council level to ensure that current expectations in relation to protecting our precious environment, responsible floodplain use and Aboriginal heritage responsibilities are met in these development applications that were approved so long ago. We need more effective tools to reassess or revoke these legacy approvals.’
Mayor Chris Cherry acknowledged that ‘The destruction of this forest has been devastating for people to watch and hear.
‘There is a 1996 approval to clear that Council cannot do much about but there were clear conditions related to the beginning of construction that should have been followed. Knowing that there were likely EPBC-threatened communities on this land that have been declared since the approval was given 27 years ago, highlights the question of just how much due diligence proponents are supposed to do before they start sending in the bulldozers in this incredibly fragile ecosystem.’
Cease work order
Tweed Council have issued a ‘cease work order’ on Wednesday, however, this is only effective with the cooopeation of the developer as it is not a ‘stop work order’. Therefore works have continued ‘with the thunderous crashing of trees until dark,’ said Ms Smith.
For four decades The Echo has printed the stories some people loved, some people hated, and some pretended not to read. If you want us to keep telling the truth, the real truth, not the sugar-coated version. We’ll need your support to keep the presses rolling. 
