SAVE THE NULLAKI - Too Beautiful To Mine
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SAVE THE NULLAKI – Too Beautiful To Mine
The Nullaki Conservation Zone is located on the beautiful Nullaki Peninsula on the south coast of Western Australia between the City Of Albany and the picturesque town of Denmark.
In the late 1990’s the land was purchased by a local developer who successfully applied to zone it as conservation which allowed him to sub-divide and sell the lots as eco-housing. Marketing material heavily promoted the beauty, peace and serenity of the area and assurances were given to protect and enhance the environmental importance of the Conservation Zone which is home to a diverse range of flora and fauna, native forests, abundant wetlands and extensive coastal heath.
In 2010 the same Developer first applied for a mining operation with the designated transport route to be along the sealed road network which was established when the area was developed. This Application was unanimously rejected by Council and not appealed.
In 2017 the Developer again applied to establish a mining operation in the Conservation Zone, this time the designated heavy haulage route was along a network of lovely gravel roads barely wide enough for 2 cars and enclosed with native trees and flora. This proposal was rejected twice by the City of Albany but was eventually over ruled by a 2 person SAT panel based 450km away in Perth who visited the region for 1 day and never bothered to meet with any of the affected residents. This is despite the City of Albany Local Planning scheme clearly stating that to vary a use in a zone it must not have an adverse effect on the inhabitants of the locality.
This City of Albany recently decided not to appeal the decision to the Supreme Court based on the cost to ratepayers and the fact they could only appeal on a point of law. WA is the only state in Australia that does not allow any form of 3rd party appeals on planning matters. Therefore, despite our community identifying a number of factual errors in the Development Application and the fact that the ruling ignores 2 unanimous decisions of the Local Council, the unequivocal advice of the Department of Planning and 69 of 75 public submissions received on the matter there is no legal avenue we can pursue.
Given the impact this decision will have on the lives of our families we are seeking answers from the WA Minister of Planning to the following questions
How can any mining operation ever be viewed as consistent with the objectives of a Conservation Zone?
How can a SAT ruling be valid when it is based on a Development Application that contains a number of factual errors and omissions?
How can a two person SAT panel based in Perth rule that "the noncompliant use will not have an adverse effect on the inhabitants of the locality" when they have never bothered to meet with us?
How can our community be assured that all environmental risks associated with the transport route (wetlands, endangered flora and fauna, social surroundings etc) will be adequately assessed as part of the clearing permit process?
Why did the Minister of Planning sit on a standard omnibus amendment for a number of months when it reflected the will of our Elected Members and is consistent with the advice of her own Department?
What will the Labor State Government (who promote
themselves as the party of the people) do to help our
Please show your support for our pristine natural environment and close-knit community by completing our petition. Who knows who will be next?
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