Text of letter sent to Members of Parliament with attachments:
1. Submission provided to the proponents following their exhibition of the Nobbys project
Working Party. Coal River Heritage Park Newcastle National Nomination Newcastle University Coal River
Parks & Playgrounds Movement
To Whom It May Concern:
NOBBYS HEADLAND & NOBBYS LIGHTHOUSE
WHYBAYGAMBA: ABORIGINAL DREAMING PLACE AND
Nobbys is our heritage and of National significance
The Herald ‘See for yourself’ and ‘Garret awaits report’ (2 and
The Nobbys proposal had no real assessment at the state level and is now being assessed by the Commonwealth because the proponent was in breach of Commonwealth law. Every development whether it is in a Labor or a Liberal electorate should be assessed transparently and fairly.
Nobbys Headland is Whybaygamba, an Aboriginal Dreaming place: the abode of an immensely large Kangaroo which resides within the centre of the high rock, that he occasionally shakes himself, which causes the
At first glance it may sound reasonable to privatise an
The Nobbys Development Application was initially approved by the NSW Heritage Council on the 5 of October 2005 with 32 conditions, but the Applicant did not accept the conditions (The Herald 7/2/2006 pg.4). They were allowed to resubmit the same DA as a Crown Development Application under 116C of the NSW EP&A Act to circumvent any conditions being imposed.
116C states: Viz: Determination of Crown development applications NSW EP&A Act 1997.
116C Determination of Crown development applications .
A consent authority, in respect of a development application made by or on behalf of the Crown, must not:
(a) Refuse its consent to the application, except with the written approval of the Minister, or
(b) Impose a condition of its consent, except with the written approval of the Minister or the applicant.
The effect of Section 116C above is that the Applicant determines his own development. The official plan of management (Council’s Heritage Places Strategic Plan and POM 2000) was not allowed to be considered, nor was the Newcastle Port Corporation’s own objectives as stated in the invitations for Expressions of Interest May 2003 quoted below:
1. To release this (currently) restricted site for public access/use and, in doing so, to establish a pre-eminent destination of historic and scenic significance for the benefit of the
2. To solicit innovative, practical and economic proposals for the adaptive re-use of the signal station and cottages;
3. To protect and enhance the site’s historic, aesthetic and social fabric for the future benefit of the
4. To actively promote the site’s heritage value and significance, particularly its role in the development of the Port of Newcastle, through public education and the use of on-site static and interactive information displays.
5. To ensure the safety of all users of the site.
Do you know how this private developer was allowed to act under Crown Privilege?
The Movement would be pleased if you could obtain the details of the agreement between the Newcastle Port Corporation and the Nobbys Lighthouse P/L and also the Port Corporation’s recommendations allowing this DA to be a Crown Development. Furthermore, given the importance of the Nobbys site to the people of
Whybaygamba and the Nobbys Lighthouse site should be made available to the people as is done with other lighthouse sites in
Parks and Playgrounds Movement would be pleased if you could make time available in the near future to discuss these matters with us in the public interest and with the view to gaining national recognition of the
Contrary to claims made in support of the privatisation of Whybaygamba, the current proposal would deny the heritage integrity of this Aboriginal place, close off every view from the headland for exclusive use and relegate the public to an unsatisfactory viewing platform at the proponent’s pleasure. The project should be redesigned to comply with the objectives of the EOI, protect the 150 year old Lighthouse and facilitate public access as with other lighthouse sites on the Australian coast.
We are anxious to speak to you about these matters at the earliest possible date.
Phone H: (02) 49431781