PORT PHILLIP CONSERVATION COUNCIL INC. 

Telephone +61393769442, +61429176725                           12 Burton Street, DROMANA VIC 3936

Facsimile 0395891680                                                                                            warfej@bigpond.com

A0020093K Victoria                                                                                      www.vicnet.net.au/~phillip

ABN 46 291 176 191                                                                                                    3rd September 2005

 

 

Mr John Nevins

Chief Executive Officer

City of Kingston

PO Box 1000

MENTONE VIC 3194

Dear Mr Nevins,

 

Kingston’s Pernicious Policy on Managing its Crown Foreshore Reserve Vegetation Needs Changing

 

Port Phillip Conservation Council Inc, a federation of 16 conservation organizations around Port Phillip, is most concerned about Kingston Council’s current and proposed vegetation management plan for Kingston’s Crown Foreshore Reserve. PPCC Inc. understands that Kingston Council, as the Committee of Management for that reserve, proposes to limit the height of foreshore vegetation opposite dwellings fronting Beach Road to a maximum of two metres above the ground floor level of the relevant dwelling, and to prune tall vegetation at the request of owners of such dwellings, in order to yield views of Port Phillip Bay for Beach Road residents from their dwellings. Our letter of 11th May 2001 to Mr Skinner warned of this problem.

 

PPCC Inc. considers that this proposal need to be changed, and outlines its reasons below:

 

Draft policy to limit Kingston foreshore vegetation to two metres above the ground floor level of nearby dwellings, and to prune foreshore vegetation for Bay views at the request of owners

(a)   Despite this draft policy being unratified, our members have reported that for some months it has been the practice of Kingston City Council to restrict foreshore plantings to low-growing species of plants only, and to exclude tall-growing species of plants from the foreshore revegetation program. We consider that Kingston City Council should abandon these pernicious practices.

(b)   If this draft policy is ratified, it will establish a most alarming, retrograde and unacceptable precedent for placing the interests and wishes of an inherently tiny, and very narrow, geographically-limited section of the public well ahead of the very much larger entire Victorian public, who do not own real estate on Beach Road, and for whom the Crown Foreshore Reserve is held in trust in perpetuity.

(c)   The Port Phillip Bay foreshore of the City of Kingston is Crown land and there is no legal right for any person or group to acquire or to retain views over it or through it, nor is there any obligation on its managers to provide or facilitate such views, particularly when such provision would alter the prime natural values for which the land is being managed. 

(d)   This policy will cause a decline in the quality and range of remnant and indigenous vegetation on the Kingston foreshore.  In 2000 a survey of the Kingston foreshore vegetation found 21 regionally significant species with an additional 5 potential regionally significant species (Botanicus Australia report for the City of Kingston dated 12th July 2000). As numerous indigenous species have already become extinct around Port Phillip Bay through human activity, we consider that Kingston City Council ought to make every effort to protect and maintain the full natural range of remnant and planted indigenous vegetation, and to increase the amount of indigenous cover through revegetation.

(e)      Valuable wildlife habitat and corridors will be reduced, fragmented or removed.

PPCC Inc. considers that this proposal contravenes many of the State Government and Kingston City Council guidelines for management of the Kingston foreshore reserve listed below.

Victorian Coastal Management Act 1995

Section 3.  Definitions.  (1) “coastal Crown land” means

(a) any land reserved under the Crown Land (Reserves) Act 1978 for the protection of the coastline; and

(b) any Crown land within 200 metres of high water mark of—(I) the coastal waters of Victoria.

Division 4 - Use and Development of Coastal Crown Land. Section 37. Consent required to use or develop Crown land: A person must not use or develop coastal Crown land unless the written consent of the Minister has first been obtained.

Victorian Coastal Strategy 2002

Principle 1.  Protection of significant environmental features.  Point 5: Net gain in the quantity and quality of coastal indigenous vegetation and habitat will be encouraged.

Principle 2.  Sustainable use of natural coastal resources.  Point 2: Coastal and marine environments are recognised as long term public assets which should not be compromised by inappropriate short term decisions or developments.

Point 3: Natural dynamic processes and systems which shape and maintain the coastline and its living resources must be respected and adverse activities avoided or minimised.

Point 6: Continuous improvement in processes, activities and discharges that have an adverse impact on coastal values shall be encouraged.

Point 7: Coastal catchment planning and management will take account of coastal values.

Point 5: Public understanding and appreciation of coastal values will be fostered and facilitated over time.

Natural onshore environment.  Objective 2.1: Protect and improve the condition of coastal biological diversity.

Objective 2.3: Ensure a well managed system of representative coastal parks and reserves.

Objective 2.4: Protect coastal habitats and associated native flora and fauna.

People on the Coast.  Objective 3.5: Protect Aboriginal sites and places from inappropriate development.

Siting and Design Guidelines.  3.3.3 Vegetation (a) Natural vegetation should be disturbed as little as possible, and (b) Natural regeneration should be encouraged and extensive planting of indigenous species should occur around development in urban, suburban and rural areas.

Kingston Foreshore and Waterways Landscape Guidelines 2002

Guideline 4: Strategic gaps in indigenous vegetation cover on cliff tops, cliff faces and dunes to be revegetated using indigenous species in order to extend and connect the habitat provided by existing indigenous vegetation.

Guideline 5: All revegetation will aim to recreate the structural elements (eg tree layer, shrub layer, ground layer) and species mix of the vegetation community(s) that is presumed to have occurred at the site prior to white settlement.

Guideline 9: All confirmed cases of wilful and illegal damage to foreshore vegetation shall be pursued for a prosecution and sites where damage has occurred will be revegetated in accordance with the guidelines.

Aboriginal archaeological guidelines: There is a possibility that Aboriginal archaeological sites or materials might be disturbed and exposed during works requiring excavation of sub-surface deposits. If material suspected to be Aboriginal in origin is uncovered all works must cease and the Kulin Nations Cultural Heritage Organization advised.

The members of the Kingston City Council constitute the Committee of Management for the Kingston foreshore reserve on behalf of the Victorian Government.  PPCC Inc. considers Kingston City Council to be negligent in its management of the Kingston foreshore reserve, and in its duty of care of the natural foreshore vegetation, in relation to the current lack of weed control, and the proposed 2 metre vegetation height limit and pruning policy. These current and proposed actions do not represent sustainable management of the Kingston foreshore reserve or its vegetation and would:

-  contribute to a considerable loss of natural foreshore reserve and indigenous vegetation;

-  reduce the biodiversity of foreshore vegetation and wildlife habitat, and undermine wildlife corridors;

-  create a shadeless, windswept foreshore environment that is inhospitable for wildlife and people;

-  increase weed species, which would increase threats to the survival of indigenous species survival; and

-  create unsustainable and very unacceptable precedents for Port Phillip Bay and Victorian coastal reserves.

We urge Kingston City Council to abandon this proposal for the Kingston Crown Foreshore Reserve, which we regard as tantamount to environmental vandalism.

Yours sincerely

Ms Jenny Warfe

Secretary

Port Phillip Conservation Council Inc.

 

 

cc. Mayor & Councillors, Kingston City Council; Hon. John Thwaites MLA, Hon Phil Honeywood MLA, Mr Noel Pullen MLC, Mr Chris Strong MLC, Mr Bob Smith MLC, Mr Matt Viney MLC, Ms Janice Munt MLA, Mr Murray Thompson MLA Ms Jenny Lindell MLA, Mordialloc-Chelsea Leader, The Age