Wetland Holds Marina Key

Illawarra Mercury

Thursday June 23, 2005

By WILLIAM VERITY

THE future of the controversial Shell Cove marina may rest on whether developers can prove they obeyed planning conditions when they built an artificial salt-marsh wetland.

The barrister representing the multi-million-dollar project, Neil Williams, SC, has disputed a claim by Aboriginal activists that developers allowed consent to lapse.

Under planning laws, construction must take place within five years of consent, granted to the marina and wetland in December 1996 after a Commission of Inquiry.

Speaking on the second day of a Land and Environment Court challenge by two traditional owners - Aaron Broad Henry and Steven Henry - Mr Williams said the project had complied with all conditions.

He also disputed a second claim that an environmental management plan for the Myimbarr Wetlands was void because it was produced without consulting the Aboriginal community.

"There was a plan, it was approved and the works were carried out in accordance with it," he said.

Consultation with Aborigines was unnecessary for the wetlands because earlier studies had found no evidence of Koori heritage.

The only Aboriginal relic found on Shell Cove land was a midden near the marina site at South Shellharbour Beach, and this had a heritage protection plan.

He detailed a wetlands pilot study, survey and geotechnical work as well as preliminary earth-moving as proof that work had started at the site near Shellharbour Village before the December 2001 deadline.

But the Aboriginal applicants' legal advocate, Alan Oshlack, said the Commission of Inquiry made it a condition of consent that developers consulted Aborigines on all three elements of the marina plan - the wetlands, the boat harbour and quarry noise barriers.

"In the 10 or 12 volumes of documents (tendered to court) there is no correspondence, letter, fax, memo or email in relation to consultation," he said.

"It's a condition that has been completely ignored."

He said if work on the wetland was found to be illegal, developers would have to reverse their work and planning for the marina could not go ahead.

Under consent conditions, the artificial wetland - which is nearing completion - must operate for 12 months before construction of the marina and destruction of a natural salt marsh can start.

The court case is expected to adjourn this afternoon, resuming in August to discuss Aboriginal heritage issues.

It almost certainly is the final legal obstacle in the 20-year history for the Shell Cove development, a joint venture by Shellharbour City Council and Australand.