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PORT PHILLIP CONSERVATION COUNCIL INC. Telephone +61393769442, Facsimile 0395891680 warfej@bigpond.com A0020093K Victoria www.vicnet.net.au/~phillip ABN 46 291 176
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Hon. Rob Hulls MLA,
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PLANNING
AND ENVIRONMENT LIST |
VCAT REFERENCE NO. P646/2005 PERMIT APPLICATION NO. 125/2005 |
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APPLICANT
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RESPONDENT/OWNERS |
D
J and H A More |
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INTEREST
PERSON |
Department
of Sustainability and Environment |
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WHERE
HELD |
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BEFORE |
Justice
Stuart Morris, President |
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HEARING
TYPE |
Directions
Hearing |
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DATE
OF HEARING |
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DATE
OF ORDERS |
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CITATION |
[2005]
VCAT 765 |
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ORDERS
1 The interim enforcement order made by Senior
Member Horsfall on 22 March 2005 is amended by adding paragraphs 2A, 2B
and 2C as follows:
2A Nothing in this order is
intended to prevent the respondents or their servants or agents from
continuing to use the southern half of the subject land (that is the
unexcavated portion) for agricultural pursuits.
2B Notwithstanding paragraph 2 of
this order the respondents are ordered to forthwith carry out the works
described hereunder upon obtaining appropriate authorisation under the Coastal
Management Act 1995
and the Lands Act 1958 from the Crown, the relevant Minister or
from the Department as the case may be.
Required
works
1 Works directed at paring back,
stabilising and seeding placed topsoil near the beach front involving –
(a) the testing of imported soil to
confirm that it is of a quality suitable to be used on the site. (Note:
the imported soil must be suitable for the rehabilitation task and in
that context, must be certified by a professional engineer to be so
suitable);
(b) the paring back and regrading
of topsoil placement to a distance of 1.5 metres from the existing
saltbush;
(c) compacting (or consolidating)
and seeding (using the hydroseeding method) the topsoil to mitigate
erosion risk.
2 Works directed at temporarily
stabilising with bales, and subsequent replanting, saltbush (in gaps)
at the high tide line involving –
(a) temporarily placing and pinning
hay bales or straw bales (as advised by qualified engineers engaged by
the respondents) into gaps in the current shoreline saltbush growth;
(b) subsequent replanting of
saltbush by persons with proper training and experience in such works
in the gaps once the soil profile has stabilised.
3 Works directed at the placement
of a temporary silt-screen across the canal mouth to mitigate against
potential for turbidity arising from the inflow/outflow, pending groyne
demolition and drainage channel securing works, involving
(a) the purchase and placement of a
temporary silt-screen across the currently existing canal mouth to
mitigate any potential for turbidity arising from the inflow/outflow
pending demolition and drainage channel securing works. This temporary
silt screen must be anchored to the floor of the canal and be suitably
pinned to the sides of the canal to secure the screen in place.
4 Demolition and removal of groynes
back to a line within the respondents’ property boundary and
re-dressing the beach to match the original, or as near as possible, to
a natural state, including replanting of native vegetation (with
protective measures as appropriate to ensure that replanted native
vegetation is enabled to establish).
5 In conjunction with 4, the
respondents must design, and then install a narrowing to the canal
opening to Corio Bay to no more than a drainage channel, with the
design being first approved by the Department of Sustainability and
Environment and the Greater Geelong City Council.
2C The respondents must submit to
the Department of Sustainability and Environment a construction
methodology statement in relation to the proposed works. The Department
may nominate particular works which may not be commenced until such a
statement is prepared and approved by the Department. In the event that
the Department does nominate particular works as aforesaid, then the
respondent must not commence those works until the Construction
Methodology Statement is approved by the Department.
2 Costs are reserved.
3 I give liberty to apply.
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Stuart
Morris |
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For
Applicant for Review/ |
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For
Respondent/Owners |
Mr Graham Robertson of counsel |
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For
Department of Sustainability and Environment |
Mr Doug Miller |
PPCC Inc. understands that it is being alleged that Mr More constructed what appears to be the basin
for a 2 hectare marina, and a navigable canal some 200 metres long connecting it to Port Phillip, on
his Leopold property, without a valid planning permit.
There have been press reports that Mr
More, under directions from the Victorian Civil and Administrative
Tribunal, has restored the damaged coast and reduced the size of the
canal to a small opening. PPCC Inc. has also been informed that the
presumed marina basin has been excavated to a depth that has penetrated
the underground aquifers, thus causing interchange of fresh and saline
water between the aquifer and the Bay, and possible salination or contamination of the aquifer.
PPCC Inc. requests that the
Government, as a matter of urgency, ensures that whoever is found to
have been responsible for these unauthorized and highly undesirable
modifications to the coastal land and Crown seabed here be required to
make all possible efforts to restore the land and the seabed to as near
as practicable to its condition before those modifications.
Yours sincerely,
Ms Jenny Warfe
Secretary,
Port Phillip Conservation Council Inc.
cc. Hon. John Thwaites MLA, Minister for
Environment, Hon. Phil Honeywood MLA, Mr Ted Baillieu
MLA, Ms Lisa Neville MLA, Ms Elaine Carbines MLC, Mr
John Eren MLC, Greater