Bluecray.org » Leda Group http://bluecray.org Environmental Advocacy Mon, 06 Feb 2012 01:00:13 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 Kings Forest Development ( by Leda ), The NSW State Government, and Part 3A of the Environmental Planning and Assessment Act 1979 – will it cause a change in NSW Environmental Planning Laws? http://bluecray.org/advocacy/kings-forest-development-by-leda-the-nsw-state-government-and-part-3a-of-the-environmental-planning-and-assessment-act-1979-will-it-cause-a-change-in-nsw-environmental-planning-laws-01.03.2009 http://bluecray.org/advocacy/kings-forest-development-by-leda-the-nsw-state-government-and-part-3a-of-the-environmental-planning-and-assessment-act-1979-will-it-cause-a-change-in-nsw-environmental-planning-laws-01.03.2009#comments Sun, 01 Mar 2009 00:53:39 +0000 al http://bluecray.org/?p=734 ...»»]]> The Kings Forest Development (Leda Group) shows us some interesting facts about the “perceived right of way” by developers concerning inappropriate development of sensitive areas on the Far North Coast of New South Wales.

The EDO (Environmental Defenders)  has highlighted that  Part 3A of the Environmental Planning and Assessment Act 1979 has resulted in “The limited capacity for members of the community, or even other environmental agencies, to have their voice heard and the reduced rights to seek justice in the Land and Environment Court also suggest that the NSW Government considers that development ranks ahead of the environment, whether that development is sustainable or not”.

It is interesting to think that government decisions that condone inappropriate, non sustainable engineering would exist today given that so much law is being created, money and effort being spent in preserving our crisis ridden environment and its critical disappearance of biodiverse habitats.

I should think that, if one NSW Government Minister/ Director General has the right to veto or modify or condone non sustainable development  at Kings Forest, then this can happen anywhere in the State of NSW.  What will this upcoming decision mean for NSW?  - for Australia? – for the biodiversity of the world?

Stateline NSW : “NSW planning laws under further scrutiny” 2nd Oct. 2009 and the Stateline NSW archive .

Well, if the Minister/Director General vetos, halts or otherwise restricts development in Kings Forest, then State Significant Sites, such as Kings Forest will remain that – Significant.

A precautionary word here.  Should the Minister/Director General and hence, NSW Government, chose to let inappropriate and very damaging land clearing, habitat destruction and inappropriate residential development occur, then clearly, will it be those individuals who are directly responsible for the damage?

Where does the legal responsibility lie here?  How do courts even manage to test this case, if it is not able to be tested in a court of law? Where does the responsibility lie? If not in the courts, does this mean that it is the direct responsibility of the Minister/Director General  alone?

And what type of government is not accountable to the people who elected it?  Surely this NSW Government is accountable somewhere, for it’s development approval decisions.

Development is something that will always occur, given the social and economic structure of the world. Developers will always be part of this society and economy, as it goes. Not all developments are “bad”, non sustainable or destructive to the environment.

The Kings Forest Residential Development  ( Tweed Shire ), as seen by the planning documents, is extremely inappropriate and threatening to already threatened species.  The Kings Forest Residential Development, as stands, IS indeed potentially very damaging.  21 threatened species, their restricted and already fragmented habitats, their vulnerability, their capacity to survive intense non sustainable development practices testify to this.

The Kings Forest planning documents show little ” fact”  to convince me that sustainable outcomes (for those 21 species of  threatened native fauna and the vital part they play in the fragile network of threatened species within the NE NSW Region and Mt Warning Caldera Region) will be realised by such a development. This development is on a large scale. Kings Forest IS a State Significant Site. It contains a very large number of threatened species in an already fragmented habitat situation.

Development assurances only on paper, caring “motherhood statements” by developer paid consultants, inability to have standard legal avenues open to protect and advocate for these threatened species – all these things need to be addressed.

The   Caldera Environment Centre in NE NSW, Australia shows insights,  in their submission to the NSW Government and objection to the planned Kings Forest and Cobakai Lakes Development , summing up  the King’s Forest Project situation very clearly. You should have a read of this Submission HERE.

Kings Forest is a powerful place, and development within this area has been historically hard to implement.

The Australian Government, in its wisdom, chose to not list the Koala as a threatened species, although documents show that the Koala is increasingly under pressure within the North Coast region of NSW.  Why did Australia chose to be part of the Agenda 21?

Kings Forest is  a powerful place. Generations of spiritual  guardians, and land custodians have held this place in a natural heritage beauty and sustainable biodiverse capacity and resilience for thousands of years.  The taking away of even small biodiverse components from an area, so fragmented and isolated now, and, as other developments increase within and about it, will result in an immediate lack of biodiversity and cultural heritage significance.

However, I suspect, that bigger wheels are in play here. And while the big wheels of government and money turn powerfully, the biggest wheel of all is nature.

Environmental Planning and Assessment Act1979 – New South Wales Consolidated Acts at AustLII (Australasian Legal Information Institute - A joint facility of UTS and UNSW Faculties of Law)

News Article referring to Kings Beach Development Proposal as a “world standard” environmental management plan by Leda Development’s Regional Manager- Mr Van Rij , December 2008

Ecological communities - their importance, linking, laws, learning at NSW Government of Environment & Climate Change – Threatened Species & Ecological Communities

“A preliminary investigation of the distribution of koalas and their potential habitat in the Tweed Shire, and implications for management”  by Judy Faulks . Find article at – Australian Zoologist, June 1991 Vol. 27(1 & 2)

search for  Aboriginal  (Indigenous peoples) research literature for the North Coast of NSW at the Libraries Australia Search

Ian Cohen media release :Kings Forest 11th March 2010

Incoming Searches: Kings forest development leda, wikipedia hortico weed killer, back creek queensland hiking, kings forest and leda, leda construction kings forrest, nsw leda decision

]]> http://bluecray.org/advocacy/kings-forest-development-by-leda-the-nsw-state-government-and-part-3a-of-the-environmental-planning-and-assessment-act-1979-will-it-cause-a-change-in-nsw-environmental-planning-laws-01.03.2009/feed 0 Kings Forest Project Development in Tweed Shire by the Leda Group has Public Submissions extended by NSW Department of Planning http://bluecray.org/environment/kings-forest-project-development-in-tweed-shire-by-the-leda-group-has-public-submissions-extended-by-nsw-department-of-planning-26.02.2009 http://bluecray.org/environment/kings-forest-project-development-in-tweed-shire-by-the-leda-group-has-public-submissions-extended-by-nsw-department-of-planning-26.02.2009#comments Wed, 25 Feb 2009 14:13:08 +0000 al http://bluecray.org/?p=681 ...»»]]> The Kings Forest Project Development in Tweed Shire  ( Mt Warning Caldera Region – NSW,  Australia ), by the property Group, Leda, has had an extension for Public Submission made, by the NSW Department of Planning. Kings Forest,on the coast near Kingscliff, NE NSW, is a beautiful, bio-diverse State Significant Site (Part 3A of the NSW Planning Law) with Koala and other fauna habitat, freshwater coastal wetlands, swamp Schlerophyll Forests.

**FOR People wishing to find useful community submission information please see this article: – January 2012 SUBMISSIONS for Kings Forest INFORMATION**

 

Acid Sulfate Soils Background Information

  • ACID SULFATE SOILS are a component of the Kings Forest Project Development, Kingscliff. I have recently added some ACID SULFATE SOIL (ASS) links in bluecray’s  Ecosystems Links PAGE . 

I have recently (Dec. 2011 – Jan 2012) updated some of this article, to include more specific points regarding this highly environmentally degrading development that should have never, in the first place been allowed, in its current form,  by the Australian Government, NSW LABOUR Government and the Tweed Shire Council.

Kings Forest Proposal and Submission Information

below are some  other bluecray articles regarding this Kings Forest Development and the surrounding / adjacent areas:-

 

** A NOTE to the thousands of readers who have visited or are currently visiting bluecray’s articles on KINGS FOREST, Kingscliff, Tweed Shire. ( 12th December 2011) , cheers, Alison Polistchuk 

  • **Due to the ongoing ignorant and at times ruthless battle that is stirring concerning the Kings FOREST KOALAS and other  Endangered (threatened species), the CONTINUED degradation of Australia’s disappearing wetlands,  and lack of care by individuals & corporate entities towards the people of  NE NSW and SE QLD:-  bluecray has decided to tag, point out and consolidate historical investigations, documents, and evidence. (oh, and by the way, I suggest to any that may be involved in considering threat /nuisance toward both bluecray and the author, that there are, as I write, higher entities concerned, who are watching.) Please, to ALL involved…. why not stay in the light, work with creative love and integrity! When under pressure, creative loving educational solutions are much stronger, than brute force, ignorance, back room agendas and subversive threats and bullying tactics.  

If you are searching for information that may be helpful in EDUCATING  Tweed Shire Councillors , individual men and women running and employed by (either directly or indirectly) the Leda (property development group) and the NSW Government, try searching for “ESD Strategies at the Local Government Level”  (environment 21) . This will lead you to a  a Case Study of the City of Newcastle by Darren McKay and Ray Rauscher from the University of Newcastle. This document is a good recent historical educational study on ECOLOGICALLY SUSTAINABLE DEVELOPMENT as conducted via international agreements, Federal / State law and policy procedures and the Role of Local Government. It will bring you up to speed on the background surrounding Ecologically Sustainable Development in Australia. Some of the document’s references to policy and law have changed, (eg. the Federal Labour Government ratified the Kyoto Protocol in late 2007) since it was published, but, it gives a concise historical perspective on many of the issues facing local councils in implementing Ecologically Sustainable Development.

Some general info about KINGS FOREST

  • Kings Forest Development includes areas of cleared land that could be (and could have been) regenerated to enhance the wetland  habitats and nearby ecological units. This “State Significant Site”  has a long history of community, technical and scientific concern about it’s future. In the hands of developers – currently  the Leda Group, it is being scrutinised by the Tweed Shire Council and the NSW Department of Planning.  Kings Forest requires as much public input as possible to ensure that its habitats and the vital “corridor” role that it plays for vulnerable species such as Koalas and other native flora and fauna in the Mt Warning Caldera Region are protected and enhanced.
  • The areas about the Kings Forest site  are already under much development pressure, as is much of the Tweed Shire Region, which is contained completely within the Mt Warning Caldera Region of NE NSW, Australia. These development pressures already include INFRASTRUCTURE and  AIRCRAFT noise components. The  Gold Coast Airport’s Key Flight Tracks detail flight tracks for aircraft both arriving and departing. Information clearly shows many regular nearby & overhead daily flights of large aircraft. The Aircraft Noise Maps for the Tweed Coast can be found here.
  • Sensitive nature and wetland areas are adjacent to Kings Forest. Wetlands have been cleared and almost totally destroyed along the entire Tweed Shire and adjoining Gold Coast Coastlines. Kings Forest is no exception. It deserves much scrutiny and attention by planners and other government authorities and agencies. Wildlife that is still currently surviving by running before the bulldozers, will go into surrounding bushland, where further stresses on Native Wildlife Habitat will occur. Drainage and CATCHMENT ALTERATION will also create stress for Migratory  and other wildlife relying on current water table and wetland habitats, as they try to adapt to a rapidly changing and degenerating ecosystem. This development is full of “Motherhood Statements” and disgraceful “Smoke and  Mirrors” and Machiavellian Scenarios.  The KINGS FOREST Development, Kingscliff  holds many stories. Some are still unfolding. The documents attached to this development are expansive. Take the time to research, as there is much more to this development than meets the eye.

  • Koala Corridors and Buffers Zones should be part of the WHOLE DEVELOPMENT APPROACH. The area being developed for human settlement and infrastructure SHOULD include a whole plan approach, whereby the KOALA and ITS HABITAT is integral and 100% incorporated into the whole design. This should be so for ALL the native wildlife species that rely in part, or totally on the Kings Forest area for SURVIVAL. To do this, the number of houses/ size of urban stages must be dramatically decreased and designed in a way that more open natural space and connectivity is promoted. 

  • This is the same for ENVIRONMENTALLY SUSTAINABLE PRINCIPLES :-  water storage for each house; SUSTAINABLE WASTE MANAGEMENT and WASTE MINIMISATION – throughout both the construction and urbanisation phases; improved and enhanced wetland and INTEGRATED CATCHMENT MANAGEMENT & integrated native wildlife  habitat  enhancement throughout the entire development; sensible covenants on fencing, dogs, cats, rabbits, vegetation; energy efficient materials/design and development procedures & processes; local and regional environmentally sustainable employment opportunities; local food & local sustainable industry creation or mentorship (not just tokenism); fire, flood, noise, environmental and noxious weeds awareness. Town Planners know these lists more comprehensively. Tsunami and FLOOD evacuation procedures should also be incorporated fully into the design, as well as fire evacuation. This is particularly so for children/youth community and aged facilities.
  • SOCIAL INCLUSION and COMMUNITY RESOURCE areas – especially for young families, youth, disadvantaged and the aged. Comprehensive Educational information for all prospective and existing settlers to the REGION can be of great value also – particularly for ENVIRONMENTAL AWARENESS, and SOCIAL WELLBEING. TRANSPORT should be state of the art Environmentally Sustainably Networked and Implemented, by both the developer (who profits and thus should care where and how his/her profit arises) and the Governments (who should CARE and show diligent leadership).
  • SHADE:- in a time of increasing Sun Cancers, the level of integrated shaded pathways, roadways, parkways, parking areas and recreational areas is important. Energy efficient Shading comes in the form of landscape/Habitat Trees. Eucalypts are not good nor safe landscape trees for this use, due to limbs constantly dropping.
  •  Concerning the road linkages (that are proposed to go through the KINGS FOREST DEVELOPMENT) from the Pacific Highway through to the Tweed Coast Road and other coastal roadways servicing the urban developments on the nearby coastline (Kingscliff through to Wooyung), the question is:-  will this Major Linkage Collector Road have to cater for even more traffic than local residents?  YES, it will. The Kings Forest Stage 1 Project Application “Traffic engineering assessment” (prepared for Project 28 Pty Ltd 2nd March 2011) and the Tweed Shire Council predicts a tripling in traffic along the Tweed Coast Road eventually. Thus FOUR LANE Major Roads and COLLECTOR ROADS will carve up and destroy much more of the fragile remaining ecosystems,  creating Noise and stress  for all residents (non, 2 ,4, 6 and 8 legged).
  • I would rate the  ENVIRONMENTAL SUSTAINABILITY of this project – on a scale from 1 to 10 as about a MINUS 5.
  • Healthy minds, educated people, these days, try to do the right thing by our beautiful endangered species and their homes. However, money and power in the hands of ignorant and unwise people has time and time again created more and more destruction. The Tweed Coast attests to this. This is called “living a lie”, and it makes people sick and delusional  until they wake up and create a change for the better – both for themselves, and for others.
  • The buffer zones indicated in the planning documents are highly inadequate. again, a whole development approach is required.  I recommend that Mr Ell and his team need to go back to school – primary school, and receive some education – where many small children can tell them how to make the world better, rather than making it horrible. It is never too late to change.
  • There are many, many good people in Government and Industry who want to make the world a better place…. whilst compromise is  an essential part of  negotiation, things such as rapidly disappearing wetlands, native wildlife, socio-economic well being, environmentally sustainable practices dictate that a whole new game be presented to this uneven playing field. A playing field called  - Leda and the Kings Forest series of ridiculously stupid mistakes.

And now, back to the original article……………(

(This posting was originally commenced in 2009)

The extended public submissions for the Kings Forest Project in Tweed Shire, near Kingscliff, were  accepted until 2nd March 2009.

Proposed and gazetted State Significant Sites : NSW Department of Planning (I updated this above link on 26th October 2009)

The Proposal Information can be found at:- http://majorprojects.planning.nsw.gov.au.

and more information can be found in the links below.

  • **Kings Forest, Kingscliffe, Tweed : 06_0318 Residential Community – Preparing Response. This is the page you can view to find out the specific details for your submission/response to the Kings Forest (coastal area subdivision) Development by Leda, on the NE Coast of NSW, near Kingscliffe.   “Subdivision to create new lots for future development; Construction of the entrance road to the site and associated intersection works on Tweed Coast Road; Subdivision and associated infrastructure works for the first stage of urban development; Bulk earthworks and planting for the proposed future golf course; and a service station and fast food outlet.” (Project application description at NSW Department of Planning)
  • According to the Tweed Border Mail, the **Tweed Shire Council has raised concerns about threats to wildlife, and stormwater, sewerage and roads provisions proposed for the almost 10,000 homes that will be included in this, the Kings Forest Project, and the nearby Cobaki Lakes development, that is also being proposed by the developers.
  • The development is by Bob Ells’ Leda group.
  • Sydney Morning Herald Feb 8th 2003 ”The Trick in the Tweed : take a good look at the Lie of the land” – some interesting history about the Kings Forest site 1970′s-2003
  • Gold Coast City Council – 9th Nov 2007 “ Leda ordered to remediate illegally cleared land” - “Gold Coast City Council yesterday secured orders in the Planning and Environment Court compelling companies owned by Gold Coast billionaire developer Bob Ell to revegetate land that had been illegally cleared in November and December last year.City Planning Chair, Cr Ted Shepherd, said the Court had judged that Leda Developments Pty Ltd and Leda Developments No. 2 had cleared major portions of a holding of about 100 hectares at Pimpama without the relevant development permits from the Council.” view article to read more
  • **  If you follow the links below, you will get to the Planning Documents for Kings Forest (Residential Community Development 06 0318 ) :- START HERE : NSW Department of Planning Home » Development Assessments » Major Project Assessments »THEN click on Major Projects Part 3A then,  Coastal Areas » Subdivisions  . You should find the Kings Forest Documents by this time.  Good luck!!!! Failing that, just click HERE : **Kings Forest, Kingscliffe, Tweed
  • Environmental Assessment Exhibition – Major Project – Kings Forest (MP06_0308) Residential Community Development – Council Submission – this link now gone or moved
  • Kings Forest – on Google Maps –
  • Kings Forest and Development –  North Coast, New South Wales, Australia aerial photos at airviewonline.com.au
  • The   Caldera Environment Centre in NE NSW, Australia shows insights,  in their submission to the NSW Government and objection to the planned Kings Forest and Cobakai Lakes Development , summing up  the King’s Forest Project situation very clearly. You should have a read of this Submission HERE. Well, the submission and position statement of the Caldera Environment Centre WAS there, but now, well, it is gone or moved.
  • Northern River Guardians
  • Big Scrub Environment Centre – Kings Forest - (http://www.bigscrub.org.au/newsletters/e-journal4.html#kings) – link gone
  • Total Environment Centre – Kings Forest
  • Tweed Shire Echo - has some articles relating to the Kings Forest Development
  • Convention on Biological Diversity – Treaty signed and ratified by Australia for Convention on Biological Diversity :-
  • **”Conservation of biological diversity is the subject of Chapter 15 of Agenda 21, which was adopted by the United Nations Conference on Environment and Development, in 1992, in Rio de Janeiro. At the same Conference, the United Nations Convention on Biological Diversity (CBD), which has subsequently entered into force, was opened for signature”   (United Nations – Division for SUSTAINABLE DEVELOPMENT in the Department of Economic and Social Affairs)
  • **Tweed Shire Council Flora and Fauna Management ( there appears to be a typo on this page – it says “flora and flora” management… but I guess they mean flora and fauna!!!!) There is plenty in here to show that Kings Forest is indeed both regionally important, and important to Australia and the world, given the pressures of development on and within the region.  Koalas are only one feature of this regional importance that Kings Forest holds…. there is much much more – have a good look!!!!
  • Submission on the Proposed Biodiversity Banking Scheme February 2008 – Environmental Defender’s Office and Total Environment Centre submission:-“Our concerns regarding the variation process are outlined in a letter to DECC, which can be found at: www.edo.org.au/edonsw/site/policy.php. In summary, our main concerns are:………………………………………………………..As a result of widespread development throughout the Tweed Coast in the last decade, many species have had their ranges significantly reduced. Kings Forest is a regional stronghold for many species such as the Long-nosed potaroo and the planigale. This area contains the only viable areas of native vegetation faunal communities across the Tweed Coast. Large parts of this area have been flagged for development in the Far North Coast Regional Strategy because of lobbying by the development industry.”
  • Tweed Development and Employment – with particular reference to the Leda Development at Kings Forest – ( Hansard Transcript – NSW Parliament 18th october 2006)
  • Tweed Daily News – “Developer’s Plans Open to Public” – 16th December 2008   “ BILLIONAIRE property developer Bob Ell’s company, Leda, has lodged formal applications with the NSW Government for Tweed’s biggest yet residential developments — Cobaki Lakes on the Queensland border and Kings Forest inland of Casuarina Beach…….”  read rest of article
  • Tweed Daily News 17th February 2009 “Developments Uncertain” by Peter Caton
Little Bat finds NE NSW Coast Lifestyle, near Kings Forest to much to survive in

Little Bat finds NE NSW Coast Lifestyle, near Kings Forest to much to survive in

This little Bat in the above photo is a consequence of development – dead on the doorstep of a duplex in the housing development west of Pottsville. With 21 threatened fauna species threatened even more by Leda and the development proposed, what will be the costs, if all that stands between them, and survival, is documents written, verbal provisions made and “intentions”  outlined, when the bulldozers and engineering machinery move into Kings Forest and further develop this area?

NSW Native Vegetation Map .

“A preliminary investigation of the distribution of koalas and their potential habitat in the Tweed Shire, and implications for management”  by Judy Faulks .  I can no longer find this article/ reference to it on the internet, but you may have more luck by looking for it. I originally found it  at – Australian Zoologist, June 1991 Vol. 27(1 & 2). You may find it here at the Royal Zoological Society of NSW in the Journals. Alternatively, try this google search : australian zoologist June 1991 Vol. 27(1 & 2)

Incoming Searches: kings forest development, bluecray org, kings forest leda, kings forest nsw, leda group, kings forest tweed, kings forest kingscliff, kings forest nsw map, leda developments kings forest, kings forest tweed coast

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