KILLALEA STATE PARK PROTEST
The natural beauty of Killalea State Park is at risk of development and has created a lot of controversy in the Illawarra area since the announcement by NSW Lands Minister, Tony Kelly of his intention to grant a 52 year lease to a newly registered company, Killalea Coastal Investments Pty Ltd.
Talk of the proposed plans have been in the Illawarra Mercury on nearly a daily basis expressing the public’s outrage. The controversy even hit the front page of the Sydney Morning Herald.
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A very interesting two page article in the Illawarra Mercury on Saturday 14 May 2007 by Sarah Alley (with a huge photo of the area) has an opening statement of: "How much is this Illawarra gem worth? Killalea State Park attracts accolades all round. The jewel of the Illawarra's crown, unrivalled surf at untouched beaches, a unique sanctuary which feels a million miles away - yet only a few miles from town." Another paragraph of the article: "The Government's website says it all: 'About an hour and a half's drive from Sydney, Killalea is 250ha of pristine coastal reserve sited on 8km of coastline with one of the best surf beaches on the South Coast of NSW.' This natural setting features small areas of rainforest among open rangeland and wetlands."
Killalea State Park forms part of the land on which our ancestors Edward & Maria Killalea and their 12 children farmed back in the mid 1800's.
For years Killalea Beach and the surrounding land has been known by the locals as The Farm and is a popular haunt of many surfers. . Surfrider Foundation Australia have put together a great story, “The Killalea Debate so far … or, How they’re selling off the Farm”, complete with photographs of their favourite spot.
There is little doubt it is not only members of the Killalea family that would like to see this land remain untouched and in its natural state for future generations to enjoy.
PROPOSED PLAN OF DEVELOPMENT
Additional information can be found on Mariner Financial Limited and Killalea State Park - Pages 3 to 5
By mid May 2007 community groups were forming to oppose the development of Killalea State Park. Known as “Killalea Overdevelopment and Beyond” the following media release was issued advertising a public meeting.
A coalition of community groups will be undertaking a public meeting outside the education centre at Killalea State Park on 19 May 2007 at 10:30am to oppose proposals to grab multiple sections of the parks public open space and hand it over to a private developer for a major tourism accommodation development.
The protest meeting will be known as ‘Killalea Overdevelopment and Beyond’ since Killalea is just one of many major developments destroying natures own tourism drawcard within our region. This includes a proposed 300 million dollar major development at nearby South Shellharbour beach which already includes tourist hotel accommodation and will promote the destruction of wetlands for a Marina.
Speakers will include State Upper house Greens parliamentarian Sylvia Hale, Howard Jones the Deputy Mayor of Kiama Council, Dave Burgess (pictured) from the Total Environment Centre, Ben van der Wijngaart from Kiama Greens (pictured), Ben Grounds from Healthy Cities Illawarra, Mairi Petersen from SPACE, June Pronk from IEC, Rowan Huxtable from W-CAN, Danielle Ollied, Stephen Henry, and Peter Moran, with Sonya McKay as MC (pictured).
Hopefully the extent of this list, and placards on the day, will show the government the extent of unease within the community regarding the Killalea and other proposed over-developments in the region.
Community members and groups will also present their experience of other major developments of concern throughout the Illawarra which had similar processes that are expected to take place for Killalea.
The Killalea Trust appears to have sought out expressions of interest in 2003 for what looks to be a major tourism development that will change the face and nature of a public park.
Last week the Minister for Lands, Tony Kelly, expected it was more likely that the development be referred to the department of planning. This would be indicative of a major development of state significance.
The Trust has already sought out and chosen a developer and concept plan without genuine community input and in the face of confidentiality agreements signed by Kiama/Shellharbour council representatives on its committee. There is no guarantee that genuine public participation will occur particularly when an agreement has already been signed to provide a 52 year lease to a private developer on formal approval of a concept plan.
Concept plans could include motel type units, two or three swimming pools and restaurants and a range of from 80 to 120 villas, as well as car parks and other amenities.
The growing list of groups opposed to any land from the Killalea State Park being effectively privatised for development include ICEC, TEC, Healthy Cities Illawarra, SPACE, IEC, W-CAN, Illawarra and Kiama Greens.
A coalition of community groups held their first public protest meeting at Killalea State Park on Saturday 19 May 2007. There was a good response with around 200 people attending to oppose any development at Killalea, which saw protesters angered by the proposed size and scope of the development and the secrecy surrounding the approval of the 52-year lease.
Over 170 signatures were collected that day on a parliamentary petition to save Killalea State Park which objects to “multiple parts of Killalea State Park being leased to private interests for 52 years to undertake a major accommodation development in a public park”.
The up to 200 strong and vocal gathering clearly indicated that they were opposed to ‘any’ development at Killalea.
Howard Jones (Deputy Mayor of Kiama Council) spoke of the frustration over the Killalea State Park Trust confidentiality agreements and how it affects transparency regarding development plans with council.
Sylvia Hale (State upper house Greens parliamentarian) stated that she had already formally requested that the Minister for Lands release information on the 52 year lease to the public.
The meeting saw a mixture of community members and groups unite and speak not only of Killalea but also their experience with different environmental issues in the Illawarra.
It is inconceivable that governments are continuing to allow the quarry to increase its environmental damage and visible scar on the park’s beach (the Farm) and its surrounds. These and other major developments beyond Killalea, including the proposed Marina and Foreshore development which will be visible from the park, are intrinsically linked.
It is a concern that governments are focused on major development of the area instead of saving the environment for future generations, particularly in an atmosphere of climate change.
A Mobile Enviro-Resource Centre (MERC) caravan was at the site again on Saturday 26 May 2007 between 1:00pm and 3:00pm for people who would like to sign the parliamentary petition, offer support, or to gain more information on Killalea and its surrounds.
A copy of the petition will be presented to Parliament by Ms Hale in a formal effort to publicly advise the Minister for Lands and the Minister for Planning of the community’s objection.
Organisers are confident from Saturday’s response that the list of groups opposed to any land from the Killalea State Park being effectively privatised for development will continue to grow. Those groups include ICEC, TEC, Healthy Cities Illawarra, SPACE, IEC, W-CAN, Illawarra, Kiama and NSW Greens.
The most important issue on the day was that the Development Application would probably not be put out for public submissions.
This is because Part 3A of the Environmental and Assessment Act is likely to be employed. This means the power to decide if the development should proceed will be taken from Shellharbour City Council and given to the NSW Minister for Planning, Frank Sartor.
Hands Off Killalea State Park
Dramatic developments took place days later when The South Coast Labour Council held a special executive meeting at which a motion was passed threatening action against the Government if it did not listen to union concerns.
Labour council secretary Arthur Rorris said he had received correspondence from three unions
NSW Fire Brigade Employees Union
Australian Workers Union
Construction, Forestry, Mining and Energy Union
expressing outrage that the NSW Government had signed an agreement to lease three parcels of land to developers Mariner Financial to build a tourism resort.
A motion was passed to reaffirm the labour council's opposition to privatisation and development of parks, to express its concern at the apparent secrecy and lack of public consultation regarding the granting of leases at Killalea and advertised that a community meeting at Shellharbour Links Golf Club would be held on Tuesday 29 May 2007 to form a plan of action.
This made front page news in The Illawarra Mercury on 24 May 2007 entitled “Killalea Green Ban – Unions Threaten Govt. on Resort”.
Unions joined the community in opposing development at Killalea State Park with a South Coast Labour Council meeting held at Links Golf Club on Tuesday night (29 May 2007).
Killalea Group Demands Talks With Govt
The public meeting held on Tuesday 29 May 2007 saw representatives from a number of trade unions, aboriginal elders, environmental groups, residents and members of the broader community resolve to oppose any proposals to privatise, commercialise or in any other way alienate land at Killalea State Park.
Urgent answers were demanded by the meeting, expressing outrage over the proposed Killalea development. Delegates from Save Killalea Alliance and the South Coast Labour Council have formally requested a meeting with State Government Ministers, whereby they will seek details of the current development process including the lease agreement, and the financial records of the Killalea State Trust since its inception – or risk industrial action to stop the plan.
Tourism Minister and Kiama MP Matt Brown told the Mercury “there are some things that need to be kept under wraps for some good reasons”.
Speculation is mounting as to “what needed to be kept under wraps” and “what were the good reasons”.
Such is the fury surrounding the secrecy of this proposed development, that on 31 May three Shellharbour Council members boycotted a confidential council meeting for fear of being gagged from criticising the proposed private tourism development.
Cr Briggs said he was told as it was a confidential briefing by the trust, anything disclosed could not be discussed outside, thereby not allowing him to express himself publicly.
Cr Rose said he wanted to keep himself free to speak out as he was opposed to the park being leased for development. He was also angry that the council had been kept in the dark until after the state election.
Cr Mifsud said he thought the proposed private development had been a sham, it’s a done deal.
New Partner In Killalea Venture
The following day saw more surprises when it was revealed that global investment firm Babcock & Brown had snapped up a 50% share of the proposed development at Killalea State Park.
Billed as “The Farm Village”, further details of the proposal were revealed in the Illawarra Mercury 2 June 2007.
It was further revealed that Peter White is the announced consultant and days later that SJB are the announced architects.
It is interesting to note that Peter White assisted in the successful re-election campaign of Frank Sartor as Lord Mayor of Sydney some years ago.
Frank Sartor, NSW Planning Minister could ultimately be the one who “signs off” on this deal.
The Save Killalea Alliance provided almost 800 signatures opposing development at Killalea State Park to parliament and gave parliamentary presentations to support a motion to release documentation on the park on Tuesday 5 June 2007.
The efforts of people involved in the Save Killalea Alliance led to 799 signatures being presented to Sylvia Hale, Greens MLC, which was presented to parliament. The petition states that:
‘The undersigned petitioners ask the Legislative Council to convey our objection, to the Minister for Lands and the Minister for Planning, to multiple parts of Killalea State Park being leased to private interests for 52 years to undertake a major accommodation development in a public park.’
The delegation also provided presentations to the Greens, Christian Democrats and the Shooters Party in order to obtain support for Sylvia Hale’s (Greens MLC) motion to parliament regarding the release of documentation on the 52 year lease to private interests at State Killalea Park.
Unfortunately the Christian Democrats and Shooters Parties voted with the government to defeat the motion, after the former said they were advised that the documents could be sought through Shellharbour Council.
The Alliance had already pursued the documents said to be public from Shellharbour Council without success, and will be advising the Christian Democrats and Shooters Parties that Tony Kelly’s office has provided a written email indicating they didn’t advise this.
A further concern is the language being utilised by the government including the suggestion that a lease agreement has not been signed. An agreement has been signed to lease sections of State Killalea Park for 52 years which becomes active when the plans for the development are formally approved.
The community is quickly heeding the call to become active in order to convince the necessary decision making bodies not to approve development plans for Killalea State Park so the lease does not become active.
Members of the Save Killalea Alliance and unions met with Tony Kelly, MLC on Thursday 14 June at 11:30am in order to discuss planned development for the park.
The alliance will also continue to obtain signatures on the parliamentary petition in order to show opposition towards development at Killalea State Park.
Representatives from Save Killalea Alliance who provided presentations to members of the crossbench – the Greens, Christian Democrats and the Shooters Party - prior to the afternoon sitting of Parliament were:
View the transcript from Hansard which unfortunately saw the motion lost 22 votes to 19 with the Shooters Party members, Robert Brown and Roy Smith and the Christian Democrats’ Fred Nile and Gordon Moyes voting with the government.
$800,000 Killalea Cash
In excess of $800,000 has already been paid to the Killalea State Park Trust by joint venture developers Mariner Financial and Babcock & Brown, who plan to build a “world-class eco-resort” at the park.
The Illawarra Mercury on 7 June revealed that two payments
more than $200,000 for legal fees – a condition of the tender process.
an option fee of about $600,000 – for the exclusive rights to seek a development application for the three sections of the park to be leased.
were made when Lands Minister Tony Kelly signed the agreement to lease the three parcels of land on 30 April 2007.
Questioned in Parliament on Thursday 7 June by Sylvia Hale (Greens MP), Tony Kelly (NSW Lands Minister) continued to refuse to answer her questions about the development proposed at Killalea State Park.
Sylvia Hale addressed her questions to Minister Kelly:
Has any agreement been signed between the Killalea State Park Trust and a developer or developers in relation to proposed or potential development within the Killalea State Park?
If so, what commitment has the Trust made to the developer, in return for what consideration? Does the agreement provide grounds for the developer to seek compensation should its development application for the site not be approved?
Will the agreement be made public? If so, when? If not, why not?
In response Tony Kelly stated that he had already answered the questions but did not provide details of when.
Ms Hale said: “This is the second time that I have put questions about the Killalea development agreement to the Minister and the second time that he has refused to answer the questions. I can find no record of the Minister ever answering the questions or providing the information I have sought.”
“The Minister is deliberately keeping the public in the dark about what deal he has done for a multinational developer to come in and take over a state park for an upmarket resort.”
“Given the Minister’s repeated refusal to answer these questions, the public is entitled to ask what the Minister is hiding.”
“He is treating both the community and the parliament with contempt,” said Ms Hale.
97% say NO to private development in State and National Parks
Green Ban Hits Killalea
In light of the Government's refusal to hand over documents in Parliament on 7 June 2007, relating to the agreement to lease land at Killalea State Park, the Construction, Forestry, Mining and Energy Union have slapped an interim green ban on any development of the park until "satisfactory answers" are provided by the State Government.
Assistant secretary of the NSW branch of the construction division, Peter Zaboyak referred to other successful green bans implemented by the union and said that this was not a bluff.
Reported in the Illawarra Mercury on 8 June 2007, Killalea State Park Trust deputy chair Mark Luchetti said the development agreement would be available on a Government website before the end of the month.
A Department of Lands spokesman said that under Freedom of Information legislation the development agreement must be posted on the NSW Department of Lands website within 60 days of the April 30 signing.
Members of the alliance have liased with Shellharbour Council, Department of Lands, and the Trust to obtain documentation related to the signed agreement without success to date.
“It feels as if the community is currently being blocked from information said to be public”
Although advice was provided by the Lands department to suggest that such information would be available on a departmental website no time period was provided as to when this would occur. We hope this situation changes prior to meeting with Tony Kelly on 14 June 2007.
A ‘Save Killalea’ public meeting is also being organised by members of the unions and the alliance for Tuesday 19 June 2007, 6:00pm, Links Golf Club, Golf Drive, Shell Cove.
The Save Killalea Alliance and unions met with the Minister for Lands, Tony Kelly, MLC, 14 June 2007 to convey community concern about proposed development at Killalea State Park.
While the Minister listened to community concerns he did not answer questions.
The delegation which allowed community members to outline concerns and opposition towards development at the park to the Minister included Uncle Reuben Brown (aboriginal elder), Sonya McKay (ICEC and Save Killalea Alliance), Chris Homer and Andrew Keeling (surfers), Mairi Petersen (SPACE), Ben van der Wijngaart (Kiama Greens), and Arthur Rorris, Mark Paloff and Scott Wilcox on behalf of the unions.
“The Minister should now understand the strength of opposition towards any development at Killalea State Park, which is occurring from a diverse range of community sectors as indicated through the delegation, not just one.”
“The Minister for Lands, Tony Kelly, was shown a petition containing over 1500 signatures in opposition to the development. This brings the number of signatures collected so far to over 2300, which are being tabled in parliament by Sylvia Hale, Greens MLC.”
“The community is under no misconception about the 52 year lease agreement already signed, which is active if the development application is approved.
“The thirteen million suggested by the Minister isn’t worth destroying the natural coastline. No amount of money received through a lease agreement with a private developer would be enough to compensate for the destruction of our natural, pristine coastline, or the loss of our public amenity.”
On being pressed by the delegation, the Minister conceded he would go back to the Trust and ask them if they could reconsider alternatives to funding the park.
“Even if it was difficult to terminate the current agreement it would be highly improper to have signed a document which wouldn’t allow a development proposal to be rejected. Particularly when it hasn’t as yet been publicly exhibited and submissions received.”
Our next task will be to present the Minister with the questions he said he would respond to, and continue to be vocal against development at the park.
The media reported at length after the meeting with Tony Kelly and we saw headlines with the ABC News Kelly offers Killalea State Park lease assurances; the Illawarra Mercury reported Minister unmoved by Killalea delegation and Shellharbour Lake Times informed Alliance meets minister over Killalea.
The third public meeting held on 19 June 2007, and reported in Illawarra Mercury the following day, saw the Save Killalea Alliance and unions produce further insights into the proposed development at Killalea State Park.
Alliance and union representatives reported back on the meeting with Tony Kelly on 14 June.
“This included the revelation that only around 13 million will be generated over the life of the lease proposed for the park, which becomes active on formal approval of a development application. This figure was confirmed by the Minister for Lands in parliament to be for a period of 52 years.”
The meeting also provided further information on the ad for tenders, details which refuted a reported public meeting at the end of 2002, along with figures that didn’t support the need for further funding arrangements for park maintenance.
“The Trust should now open their books to the public particularly since they continue to use it as an argument to develop the park.”
“The community is overwhelmingly opposed to development at Killalea State Park as indicated from the further 1500 petition signatures presented to the meeting. This adds to the 2739 signatures already submitted to parliament through Sylvia Hale, Greens MLC.”
“The alliance will continue to work on questions to present to the Minister which he said he would answer’
“The alliance also looks forward to analysing the agreement that has already been signed between the parks trust and the developer that is expected to be released on Friday 22 June.”
AFTER weeks of intense lobbying from parliamentarians, community groups and surfers, the lease agreements for the proposed resort at Killalea State Park have been released.
This 342 page document is now available to view by clicking on the above heading. Page 88 in Part A details the proposed development works.
The Illawarra Mercury 23 June 2007 reported that the Development Lease and Development Agreement was drawn up in 2004.
Save Killalea Alliance spokeswoman Sonya McKay said it was a concern that such a detailed agreement had been prepared before the community was consulted.
Shellharbour & Kiama Mayor’s publicly oppose Killalea Development
SHELLHARBOUR Mayor David Hamilton has added his name to the long list of those opposed to leasing a portion of Killalea State Park to a private developer. Despite being a longstanding Australian Labor Party member Cr Hamilton said he could not help but speak out on the subject. He said “No matter where I am, members of the public are coming up to me and saying they don’t want this.” He will urge his councillors to support his protest at a council meeting next week.
KIAMA Mayor Sandra McCarthy has come out in support of her neighbouring colleague suggesting she will also report to her next council meeting, the community concerns surrounding the lease. She has been overwhelmed by concerns being raised with her by community members about leasing part of the Killalea Reserve to private developers. As a member of the Killalea Trust, Councillor McCarthy has until recently been bound by a confidentiality agreement in relation to the expression of interest process. She will now, on behalf of the community, raise concerns with the trust and the State Government, including Member for Kiama Matt Brown.
Reports on the ABC News, Win TV, together with local newspapers, Illawarra Mercury, Kiama Independent and Shellharbour Lake Times all reported over 2 days on 26 and 27 June on what they had to say. Ed Gilmore, President of Killalea State Park Trust responded with a letter to the Illawarra Mercury.
THE first stage of a community consultation process for the planned eco-tourism resort at Killalea has commenced with the launch of a 1800 number for public information.
Here is your chance to speak with a consultant from Twyford Consulting who have been engaged by the developer to assist with public consultation, and for the public to register their views on this development.
If you have been following the debate on this issue you will undoubtedly have formed your opinions. Community groups represented in the Save Killalea Alliance, which also includes a great many Killalea descendants, are totally opposed to any development of Killalea State Park.
Representatives from Save Killalea Alliance with meet with Twyford’s in the coming weeks.
Killalea Developer A Big Donor to the ALP
Electoral Office figures reveal that the international financial services corporation Babcock and Brown, one of the companies involved in the development of a private resort in the Killalea State Park, has donated $143,000 to the NSW Labor Party since 2003/04.
"The Labor Party has done very nicely out of Babcock & Brown. And Babcock and Brown will do very nicely out of being allowed to build a private development in a state park". "Members of the community around Killalea have every right to be concerned about a potential conflict of interest," said Sylvia Hale (Greens MLC).
Ms Hale asked Tony Kelly, Minister for Lands, in Parliament on 20 June about the Killalea State Park Development and whether an independent assessment had been done of the commercial value of the lease. He refused to answer the question.
“The Save Killalea Alliance have exceeded 6,000 petition signatures, submitted to New South Wales parliament through Sylvia Hale MLC, opposing development at Killalea State Park”, Sonya McKay, spokesperson for the Save Killalea Alliance stated.
“Authorities should take notice of the grass roots ground swell which continues to not only oppose leasing land to a private developer, but more importantly the development itself.”
“We have had parties so intent on development, and entering into a contract, that they didn’t genuinely ask the community whether they should.”
“It is a concern that the Trust entered into an agreement containing over a couple of hundred pages with a developer before having genuine community consultation.”
“Although the agreement essentially confirmed what the alliance thought it is still a concern.”
“We are still seeing reference to a significant development of up to 202 accommodation units, other major infrastructure, as well as exclusive areas.”
“We understand the lease will only generate around 13 million over 52 years, which isn’t enough to destroy the quality of the area. No amount of money is.”
“We continue to call on the Trust to open its books and show transparency.”
Some councillors have reacted angrily to the mayor's statements this week opposing a 52-year lease for a tourism resort, saying he should have discussed the matter with them first.
Councillor Hamilton's mayoral minute to Tuesday's meeting (3 July) asked councillors to oppose any move by the Killalea State Park Trust or the Department of Lands to lease any land to private enterprise.
Several councillors have objected to Cr Hamilton going out on his own, others have accused him of being a hypocrite, while some say he has risked prejudicing the development application and encouraged the State Government to take it out of council's hands.
In response to the councillors comments, South Coast Labour Council secretary Arthur Rorris said councillors who favoured the lease should speak up and simply say so.
Mr Rorris added that "internal machinations, party politics and point-scoring" should not come into play.
David Hamilton, Mayor of Shellharbour City Council, had proposed to seek support from his fellow councillors to oppose any move by the Killalea Trust or the Department of Lands to lease any part of Killalea State Park to private enterprise.
This request however was deferred when the Mayor announced that he had arranged to take his concerns about the lease of land to private developers directly to the lands and tourism ministers.
He further stated that he had succeeded in arranging a meeting with Minister Tony Kelly and Minister Matt Brown immediately on resumption of Parliament next week to discuss the Killalea Development proposal.
Killalea Annual Report part 1 (PDF 221.6 kb)
Killalea Annual Report part 2 (PDF 18.1 mb)
LANDS Minister Tony Kelly is still at loggerheads with Shellharbour and Kiama mayors after meeting yesterday to discuss plans to lease Killalea State Park land to private developers.
Shellharbour Mayor David Hamilton and Kiama Mayor Sandra McCarthy said they were pleased the minister had given them a decent hearing in Sydney when they took their communities' concerns to State Parliament.
But the mayors' views of what was agreed differed substantially from Mr Kelly's.
Councillor Hamilton said the minister had promised to investigate the confidentiality arrangements surrounding the plans to lease Killalea land for a tourism resort, but Mr Kelly's spokesman denied this.
The mayors also said the minister had promised a comprehensive report on the proposed lease, but his spokesman again insisted this was incorrect.
On April 30, Mr Kelly signed an agreement to lease three parcels of land for 52 years to Killalea Coastal Investments, a joint venture between Mariner Financial and Babcock & Brown.
It allows 202 residential lodges, swimming pools, tennis courts, restaurants and a conference centre.
Both mayors made their concerns about the lease public late last month and recognised community opposition to the plans.
Cr McCarthy is also an ex-officio member of the Killalea State Park Trust, the board in charge of looking after the coastal public recreational land between Kiama and Shellharbour.
Cr Hamilton said the minister seemed surprised at how little he and Cr McCarthy knew about the proposal, and that Mr Kelly had promised an investigation into the trust's confidentiality clauses.
"We had a very open and frank discussion," Cr Hamilton said. "He thought we knew more than we did.
"One of the major problems is members of the trust have not been privy to all the decisions being made. We told the minister the executive had made decisions and after the event taken it back to the rest of the trust and asked for approval."
Cr McCarthy said the mayors questioned why the Government hadn't asked the community its thoughts on the lease, and the minister had responded that Crown land leases did not need to be publicly exhibited.
Mr Kelly's spokesman said the only arrangements made yesterday were to provide the trust's last three years of annual reports and financial audit reports, the plan of management and a summary of non-confidential meeting decisions - which the minister had previously agreed to make available.
The Save Killalea Alliance will be protesting at 11am, 19 July 2007, outside Department of Lands (State Government Office) at 84 Crown Street in Wollongong as part of an increasing coalition of groups opposing the effective privatisation and commercial development of Crown lands, including Killalea State Park, and the Department’s repeated failure to transfer high conservation value public lands to the National Parks estate, Ms Sonya McKay, Spokesperson for the Save Killalea Alliance said.
Environmentalists are protesting at six offices of the Department of Lands around the State.
The National Parks Association of NSW, The Wilderness Society, the Total Environment Centre, and the Save Killalea Alliance have joined in the protest, claiming that there will be little effective protection for over a million hectares of vegetation on Crown leases if the Government pushes ahead with plans to effectively sell-off the entire Crown lease estate.
Wilderness Society spokesperson, Reece Turner said “We have no confidence in the Department of Lands’ ability to protect these areas if they are privatised. We are talking about outstanding areas of conservation significance, including Identified Wilderness, old-growth forests, and extensive areas of poorly reserved woodlands.”
National Parks Association spokesperson, Georgina Woods, said, “This is not just about the Crown lease estate, the recent history of the Department of Lands is a catalogue of failures to protect the environment and act in the public interest.
“The Department of Lands is managing the Crown lands estate as if it is a private property portfolio, making money from it, selling it, preventing proper environmental protection and encouraging commercial development on Reserves and foreshore lands. We are here to tell them that it is not their land, it’s the public’s land, and they must manage it in the public interest.
Protestors from a variety of community groups will gather in Coffs Harbour, Port Macquarie, Taree, Newcastle, Sydney and Wollongong, united in their frustration at the irresponsible environmental management by the Department of Lands.
“We are calling on the State Government to deliver on promises for strong and permanent protection for the forests, woodlands and wetlands on Crown lands in NSW and take control of the Department of Lands.” Ms McKay stated.
“With over 6,000 petition signatures being presented to parliament already we also call on the government to reconsider its economic rationalist position to develop Killalea State Park.” Ms McKay said.
Protest at Lands Department Wollongong
19 July 2007
Efforts to “save Killalea” led to protesters targeting Wollongong’s Department of Lands office, which was part of state-wide action against government policy to sell and lease Crown land such as Killalea State Park.
Speakers at the rally included members of the National Parks Association, Wilderness Society, Total Environment Centre, Save Killalea Alliance and the South Coast Labour Council. Sylvia Hale, NSW Greens MP also joined the protest and was presented with a further 2500 signature petitions to take to Parliament. Almost 9,000 signatures have been collected on a petition opposing the development.
Representatives of the Save Killalea Alliance and South Coast Labour Council attempted to deliver a written statement to the NSW Lands Department at Wollongong but found that the door to the building had been locked, however it was opened long enough to successfully hand over the statement to a Department of Lands employee.
These 2 page information reports from the Killalea State Park Trust were forwarded to both Kiama and Shellharbour Council.
After receiving these reports, Shellharbour Mayor David Hamilton publicly accused the Killalea State Park Trust of thumbing its nose at the council over development plans for the park.
The mayor, backed by his councillors, has demanded more information from the trust after it provided council with only brief reports of its June and July meetings.
He said because the trust stated it needed to lease Killalea land to a private company to raise funds to maintain the park, it was important for its financial situation to be transparent.
Killalea State Park Trust chair, Ed Gilmore hit back and accused Shellharbour Mayor David Hamilton of “making a goat of himself”, as the council’s relationship with the trust hit a new low.
Killalea Road Funding
The Killalea State Park Trust is gearing up to build a road down to The Farm beach, an amenities block and space for 90 cars – all funded by the developer behind the planned tourist resort.
Trust chair Ed Gilmore said a development application would go to Shellharbour City Council in a few weeks for the amenities block and a viewing platform, but the road was approved about a year ago.
Shared Rescue Plan
Jennie George, Federal MP and Throsby Labor member has expressed her opposition to the planned tourism resort at Killalea State Park.
Ms George said that the lease of Killalea State Park land to private developers could be stopped by a multi-government shared commitment.
"We do have an opportunity to retain Killalea in public ownership," she said. "It could be a shared commitment between the three levels of government and the community."
Statewide SOS
Kiama councillors will seek statewide support to stop plans to lease land at Killalea State Park.
At an extraordinary meeting on Tuesday 7 August, Kiama Municipal Council voted to submit a number of motions to the Local Government Association of NSW annual conference in October.
The council will request that the Local Government Association campaign against the plans to effectively "privatise" crown lands, particularly state parks, through the use of long-term leases to private companies.
Trust say: ‘why we must develop Killalea’
THE Killalea State Park Trust has operated at a surplus for the past two years, but chairman Ed Gilmore says a planned private resort remains necessary.
The trust's 2005-06 annual report showed a fairly healthy organisation, with a surplus of more than $60,000, and of more than $100,000 the previous year.
The trust's annual reports were unavailable to the public earlier this year. However, amid a groundswell of concern about the lease, the Department of Lands has released more information.
Mr Gilmore stressed the trust still relied on its annual $250,000 State Government grant, which he doubted would continue. He further stated that $250,000 is going to be grossly inadequate to develop this park. We have to be self-sufficient.
Mr Gilmore tells us that state government funding of $250,000 per annum is unlikely to continue. Coincidentally, this amount exactly equals the lease payment we can expect from the private developers ($13 million over 52 years), although Mr Gilmore also says that "$250,000 is going to be grossly inadequate to develop this park".
The Illawarra Mercury reported: Tonight, community members will ask the Killalea State Park Trust to release the full, unmodified contract signed in April.
The Department of Lands posted a revised annexure B concept plan on its website this month, after the Mercury asked why it was missing.
A department spokesman said annexure B was a superceded and subsequently revised concept plan.
Save Killalea Alliance spokeswoman Sonya McKay asked why an annexure to a signed contract was modified.
Save Killalea Alliance and community representatives opposed to the lease of the park meet with the Killalea State Park Trust at their monthly evening meeting.
Shocking reports in the Illawarra Mercury revealed that taxpayers could be liable for millions of dollars in compensation if the Killalea State Park Trust reneges on its deal to lease land to private developers.
Trust deputy chairman Mark Luchetti said the trust could not withdraw from a contractual agreement with developers, and if it did the State Government administered body would be liable for “substantial damages”.
Save Killalea Alliance spokeswoman Sonya McKay said the agreement stated that the trust was under contract to act in a certain way to progress the development. However, the community should still hold the trust to account and not lose faith in getting the deal overturned through Planning Minister Frank Sartor.
She further stated: “We should have been consulted before the contract was signed, before any rights were given to the developer.”
Letters to the editor of the Illawarra Mercury show the public’s outrage on learning that the Trust is “locked in”.
Killalea Park protection is a matter of Trust
Gilmore’s nerve over deal outrageous
Time to clean out the cupboard at Killalea
Developers behind the Killalea State Park resort are ploughing ahead with their plans despite widespread opposition to the proposal.
Mariner Financial development director Anthony Moeller said a meeting with the NSW Planning Department was planned within the next fortnight to "kick-start the schedule".
Mr Moeller said a scoping plan would be submitted to the department's director-general in the next few months and the Government would then direct the company to do further studies, which would take about four months.
A master plan would be submitted, to go on public exhibition for one month.
Mr Moeller expects this first stage to take six months, and once approved, stage two will begin when detailed design work is submitted.
A public relations campaign is also starting this weekend with thousands of residents in suburbs surrounding the park due to receive the first in a series of newsletters from the developers, titled Killalea News Update.
The Save Killalea Alliance is concerned about information being currently distributed to the community regarding Killalea State Park and its development.
No evidence to date has been provided to prove that the public information session in 2002 was in fact public and that it was promoted in the press as this before it occurred.
It appears apparent that the Trust did not undertake the necessary effort to consult with the public over their development proposal around this time and prior to signing any contractual rights to a developer and allowing the construction of 202 lodges, swimming pools, tennis courts, restaurants and function centres.
Concerns also exist about the survey results suggested, and what their associated questions and analysis were, knowing that we have collected over 12,000 signatures opposing the leasing as well as proposed development at the park.
This included a significant amount of shops holding the petition for the alliance in aid of protecting the park.
We also want to make it clear that we have not entered into any consultation with the developer, park trust, or consultants, as we were waiting until genuine consultation occurred first.
We, however, still remain concerned that the consultants brief is limited to refining the concept proposal rather then accepting the communities full opposition to it.
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After studying the developers concept plans I raised my concerns with Terry Killalea-Hore about the Killalea family plaque, situated near the beach, and the proposed walking trails which appear to almost go over our plaque. I suggested that a visit to Shellharbour was necessary to access the situation, and in late August, Terry travelled to Shellharbour to meet with representatives of Save Killalea Alliance.
“Last Wednesday, 29 August 2007, Killalea descendants, community groups, surfers, the Greens and unions came together to publicise the plight of Killalea State Park”, Sonya McKay spokesperson for the Save Killalea Alliance said.
“Concept plans on the department of lands internet site confirmed the communities worse fears regarding the construction of 202 lodges over three development areas as well as tennis courts, swimming pools, restaurants and function centres in each of those areas.”
“This includes development in an area identified in the concept plan as ‘The Farm’, which overlooks ‘The Farm’s’ beach and nearby lagoon.”
The Save Killalea Alliance will be distributing a Newsletter shortly and is organising a public meeting for 18 September 2007, at 6:30pm at Links Golf Club, Golf Drive, Shell Cove as well as a barbeque for 28 October 2007, 12-2:00pm at Killalea State Park. The alliance also now has t-shirts and stickers for sale to help with the campaign.
“Video footage to upload on You Tube was taken of Terry and Andrew Hore speaking about the their family plaque as well as Terry’s poem which is hung inside the Administration building at Killalea State Park.”
“The incredible diversity of those involved in the Save Killalea Alliance along with the in excess 12,000 signatures opposing the leasing and development at Killalea State Park should be ample reason for the parks Trust and the Minister to reconsider their actions and decisions. We call on them to do so.”
“The possibility of compensation is one that should remain with the Trust and not borne by the community. The Trust entered into an agreement, its up to them to terminate it.”
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The Killalea family received favourable press in the Shellharbour Lake Times on 5 September 2007 and can be viewed here. I personally would like to thank Terry for his excellent undertaking in representing the Killalea family.
Terry’s report:
On my arrival at Killalea Beach I was wondering what the chances of easily finding the plaque would be. I’m happy to report that it is still quite accessible although down a steep track to the old homestead site and the grass was quite clear around it.
Maybe this wasn’t so a few months ago as the bottom of it is slightly damaged and looks as though it has been hit with a slasher but fortunately the damage is only minimal. Although I’m aware the plaque is OK now I do have concerns about what could happen in the future should the proposed walkways go ahead. I was hoping to discuss the possibility of having it fenced off if necessary or at least know it was being considered in the proposed plans.
One of my aims was to try and talk to somebody on “The Trust” about this but when I fronted up at the office at the park entrance and asked who I could talk to, nobody there seemed to want to get involved at all. I was told I would have to contact Ed Gilmour “confidentially” in writing (but wasn’t allowed his address or phone number) I was only given his postal address which happened to be the same as the office I was standing in which also intrigued me somewhat. I left there wondering if Ed Gilmour was some form of “Almighty Being” who makes every little decision or if they were scared of losing their jobs if they told me anything else.
Whilst in Shellharbour we ate a couple of times at the Shellharbour Workers Club. Other Killalea’s may or may not know they have named one of the function rooms the “Killalea Room”. Also on the menu in the dining room there is a “Killalea Burger” which is a huge chicken fillet, great value and delicious. You also see busses in the area now with “Killalea Tours” written on the side of them.
In general the locals we spoke to are very much against any development at all at “Killalea” and say there has already been far too much out that way in recent years. What I remember as paddocks only about 5 years ago on my last visit is now entirely filled in with new housing subdivisions. There is also a hidden roadway out of the quarry across from Killalea Beach, so the trucks cannot be seen or heard from the new houses etc.
One of the locals I was talking to commented on some underlying tension between a small minority of those in favour of “Saving Killalea” and said that what they are supposedly fighting for unfortunately gets lost in a kind of slinging match at times between themselves. It appears I’m not the only one not interested in hearing or reading about this in newspaper articles and it obviously doesn’t help the cause.
The one thing that everybody seemed to agree on though was “That nobody trusts “The Trust” and that seemed unanimous. Some even made comments about feeling totally deceived by the State government over the “Killalea” proposals.
Whilst at “Killalea” I again pondered over why anybody would want to ruin such a beautiful & peaceful place with ugly building etc and the only reason I can come up with is “Financial Gain”. Once buildings are erected the attraction to the place is immediately lost for tourist and locals alike, other than those fortunate enough to end up living there permanently and still able to view the sea maybe.
There is no way I can see those proposed temporary looking buildings lasting 52 years and I wonder how long we will have to wait for the truth to come out as to what the real agenda is for this land. Others I have spoken to are asking similar questions too.
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KILLALEA STATE PARK:
Killalea State Park is Crown Land – land that is owned by us all and should be cared for us by the Killalea State Park Trust.
However, the Trust has signed an agreement to allow for a 52 year lease and development by private developers, upon formal approval of a concept plan.
The Concept Plan for the development, now on the Department of Lands website, proposes 202 lodges in the Park in 3 areas, together with swimming pools, restaurants, tennis courts and Conference centres for each area. Exclusive and inaccessible areas are proposed as well.
The SAVE KILLALEA ALLIANCE was formed by community groups, surfers, Killalea descendants, and the Greens, supported by the unions, to publicise and oppose the proposed development. “The incredible diversity of those involved along with the in excess of 12,000 signatures opposing the leasing and development at Killalea State Park should be ample reason for the Park Trust and the Minister to reconsider their actions and decisions. We call on them to do so,” said the Alliance spokesperson Sonya McKay.
WE BELIEVE THAT KILLALEA SHOULD STAY IN PUBLIC HANDS
Some people will already have received a Killalea Newsletter from Twyford Consultants telling us about the proposal. We are advised that their brief is to “refine” the proposal, and not accept the fact that our community, and indeed the wider community, does not want the development at all.
The SAVE KILLALEA ALLIANCE has NOT entered into consultation with the Trust, Twyfords or the developer. We were, and still are, waiting until there was genuine consultation first.
Their newsletter states that there was a public information session in 2002, but the public were not informed. It is also unclear what questions were asked in the survey cited in their newsletter.
WHAT WE HAVE DONE SO FAR
The community has had 3 well attended Public Meetings, had a lot of publicity, met with Kiama Council, had a deputation to the Minister for Lands and met with MPs from the Upper House.
We now have stickers and Tshirts available to publicise our campaign.
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Please phone 4296-2339 or 0407 910 029 if you would like to get one, or phone Jane on 0409 968 092 to help with the petition. Financial contributions can be made to Wollongong IMB Account No 200478358.
BUT WE NEED TO DO MORE
We ask that you help us in our campaign to Save Killalea by doing 1 or all of the following:
Today’s Save Killalea Alliance deputation to see Matt Brown, MP for Kiama and Lylea McMahon, MP for Shellharbour was more an exercise in formality rather then parliamentarians genuinely listening to the community, Ms Sonya McKay, spokesperson for the Save Killalea Alliance said.
Ms McMahon advised the deputation early on that Killalea State Park was not in her electorate.
She, however, was later reminded that community members opposed to the development proposal for the park resided in her electorate.
Although Matt Brown suggested he was listening to the deputation he continued to defend the proposed development at Killalea State Park without what appeared to be a clear understanding of the location of lodges and processes involved.
He further suggested that the Trust had already taken out loans, that a lot of money had already been spent, and that public consultation processes had taken place through media involvement.
The community, however, were not provided a genuine opportunity to influence the decision making process when the Trust first proposed to develop the park.
“We have not been provided evidence that the community were informed of a public information session in 2002 prior to it occurring while documents and videos provided at the time cost $300.00”, Ms McKay stated.
“We call on our local parliamentarians to support the thousands of people who have signed the petition opposing the leasing and development of Killalea State Park,” Ms McKay said.
“A development that includes 202 lodges in three areas of the park, as well as swimming pools, tennis courts, café/restaurants, and functions centres for each of the three areas.”
Both Matt Brown, MP, and Lylea McMahon, MP, have been invited to the Tuesday, 18 September public meeting at Links Golf Club, Shell Cove at 6:30pm.
Labor MPs accused of lip-service
The Illawarra Mercury has reported that State politicians, Kiama MP Matt Brown and Shellharbour MP Lylea McMahon were only paying lip-service to concerns about the future of Killalea State Park and ignoring community concerns at a meeting with the Save Killalea Alliance.
Matt Brown described the 45 minute meeting as productive and Lylea McMahon said she would not be drawn on her opinion of the proceedings except to say: “Residents were able to raise their issues and concerns.
Killalea State Park is not in Ms McMahon’s electorate but some residents still had concerns about the issue which, in part, let to Monday’s meeting.
Shellharbour Mayor David Hamilton accused the Save Killalea Alliance of clouding the Killalea issue. It is very unclear what Mayor Hamilton meant by this statement.
Although the paper reported that the Alliance handed over the signature petition this was not the case, the MPs were shown the 15,000 signature petitions opposing development at Killalea State Park. The petitions will be handed to Sylvia Hale Greens MP to submit to Parliament.
The State Government has rejected the Shellharbour Mayor's proposal to develop Killalea State Park.
Councillor Hamilton's proposal, contained in a letter to NSW Lands Minister Tony Kelly, would involve Shellharbour City Council taking control of the park, which is now earmarked for private development
Labour council secretary Arthur Rorris said the plan represented a "credible alternative" to government plans to lease the land to developer Killalea Coastal Investments, made up of Babcock & Brown and construction fund Mariner Land.
Save Killalea Alliance spokeswoman Sonya McKay wanted to see more details of the plan, "especially given the community is not in favour of developing the park".
Killalea State Park Trust president Ed Gilmore doubted the plan would get off the ground.
But NSW Lands Minister Tony Kelly said Councillor Hamilton would have to prove there was popular support for the plan through a referendum before it would be considered.
"I am quite happy to have a referendum and let's see what the public has to say about this," Cr Hamilton said.
South Coast Labour Council secretary Arthur Rorris expressed support for a referendum, but believes it should offer residents all the options, including the Government-backed plan to lease part of the land, the Hamilton plan which includes a levy and an option to leave the land as it is.
"The people haven't been asked what they want," he said. "I've always maintained that the Government proposal is one of the most opposed development proposals I've seen in my time as secretary of the labour council and I would be very surprised if people agree to support it."
