Save Our Foreshore Inc. Whitsunday Region To
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Inquiry: Environment Protection and Biodiversity Conservation Amendment (Great Barrier Reef) Bill 2013. SUBMISSION BYBYBY SAVE OUR FORESHORE INC. WHITSUNDAY REGION TO SUPPORT MORATORIUM ON PORT PROJECTS NEW STATE SIGNIFICANT MARINA RESORT PROPOSAL WITHIN SHUTE HARBOUR MARINE DEVELOPMENT AREA, WORLD HERITAGE AREA & GBR COASTAL MARINE PARK Save Our Foreshore is an association registered under the Incorporated Association Act. It is a community organisation created by citizens of the community of Whitsunday having a particular interest in ensuring that public access to the coast and amenity of coastal public lands are preserved and enhanced for the long term benefit of their ecological, scenic and recreational values as enjoyed by the Whitsunday community and visitors to the area 1 SHUTE HARBOUR MARINE DEVELOPMENT AREA This amendment is supported by park and the loss of yet more SOF’s members and supporters seagrass beds, coral reefs, because of urgency to address mangrove forests and benthic ongoing failures by State marine life. Governments to identify the connectivity between ongoing This MDA includes the long coastal losses, declining water established passenger and quality and impacts to the commercial barge terminals GBRWHA and to recognize and servicing the Whitsunday Islands protect the outstanding universal but importantly, the largest part of values of the GBRWHA. the MDA is a pristine undeveloped area currently undergoing SOF’s concern for the Whitsunday assessment for a 1980’s proposal region of the Great Barrier Reef incorporating a marina, residential Marine Park relates to designated and commercial development on Marine Development Areas dredged and reclaimed seabed. (MDA’s) and specifically the MDA within Shute Harbour’s World Unabated coastal development in Heritage area, Fish Habitat areas of high rainfall, cyclonic protected area, Coastal Marine activity, unstable hillsides and 2 foreshore developments in the face of rising sea levels and increased severe water quality, inshore corals and weather events is resulting in the GBR lagoon. cumulative harmful impacts to Save Our Foreshore believes that a marine development over approximately 10 hectares of seagrass, coral, macro algae and benthic communities, proposed for Shute Harbour will have adverse economic, social and environmental effects both locally and, in a broader context, on the World Heritage values of the Great Barrier Reef Marine Park. It is being currently undergoing an EIS process which commenced in December 2008. SUMMARY OF MARINE DEVELOPMENT PROPOSAL; The proposal is for: 109 suite resort 70 apartment retirement resort, 52 suburban lots on a reclaimed isthmus plus 395 berth marina. The proposal in one form or another has been in existence since 1982. The project, if approved, would be built largely over reclaimed World Heritage seabed. If ever completed, it would be located within the waters of Shute Harbour. It is in a World Heritage area, a National Heritage area, A Great Barrier Reef Coastal Marine Park, a Habitat Protection Zone and an Area of State Significance. It is enclosed by the Conway Range wilderness, Mt Rooper National Park and the waters and islands of the Great Barrier Reef Marine Park. 3 It would require initial dredging to: It would mean the destruction of create access channels significant areas of seagrass, the marina basin and mangroves and benthic communities reclaim land for construction and would seriously threaten water along the intertidal zone & quality, inshore coral reefs, fish within bay breeding nurseries, dugong and turtle grazing areas and cetacean Maintenance dredging in our populations. experience is generally understated by all developers in the area. The proponent has dismissed all the Existing marinas are all unable to outstanding natural values of the meet depth requirements of boats area in one short sweeping wishing to enter, maintain the access statement choosing to negatively describe three slected constructed Dredge spoil would be stored on site, items in the vicinity which are all in “geotubes” which appear to be outside of their lease. Namely a successful applications in the heavy public boat ramp, a small mining industry. salvage/barge business and a motel. None of these impact on the values There have been no attempts to of the area and all, which visually assess the cumulative impact of this unattractive easy to “tidy up”. proposal and others along the GBR and no comprehensive attempt to understand the resultant hydrological effects of the proposal on the wider area of Shute Bay. 4 HISTORY OF ASSESSMENT six week response period. The co- PROCESS ordinator general subsequently requested that a Supplementary EIS In 2003 the proposal was submitted (SEIS) be prepared by May 2009. to the Queensland Coordinator General as a ‘significant project’ The SEIS was delivered February requiring an Environmental Impact 2013, some 4 years late. Statement (EIS) under Section 26(1)(a) of the State The SEIS was finally made available Development and Public Works for public comment on March 16 th Organisation Act 2013. 1971 (Qld). It is clear from this that the proponents have no intention of Since 2006 the term lease over the actually constructing this facility. site, plus a now discontinued temporary Permit to Occupy over an additional area, was extended seven HISTORY OF LEASE times. A lease over the area has been in An EIS was produced in 2004 but existence we understand since the rejected because of its poor quality. early 1980’s. Numerous proponents have bought and sold the lease over In 2008 a second EIS was delivered this time. It was also the subject of a to the Queensland coordinator legal dispute in which the general by the current proponent. Queensland Government was There were over 300 submissions required to pay compensation to the made by interested parties within a owner of the lease at the time . 5 The lease expired in 1999. However, it was revived 3 years later LEGISLATION: in 2003, re-issued and backdated to 1999 (so as to be “continuous?”) The major driver of the project is real estate sales. (E3 Planning After some 6 renewal of the lease Report) since 1999/2003. the Queensland Government finally refused to renew The project is designated a on February 24 th 2013 project of State Signficance. But immediately on February 26 th The project has been determined to issued a Permit to Occupy for be a controlled action pursuant to the ‘exploratory purposes.’ Given the Federal Environment Protection and proponent has had ten years to do Biodiversity Conservation Act. exploratory work, it begs the question why the department felt inclined to give them another twelve months. The state government’s recently environmental protections included released Queensland Coastal Plan in the Coastal Plan are simply has included the SHMD site as a stripped away. Designated Maritime Development Area (MDA ). While these MDAs may be protected from ‘non coastal development’ they appear to have been created to facilitate and expedite any so called ‘coastal dependent development.’ It appears that once an area is designated MDA many of the 6 WHAT THE PROJECT PROMISES? several of the regional marinas and unsold, high-end apartments are still The SEIS list of Project Objectives plentiful in Airlie Beach. And so they includes: plan to on-sell the newly created land and make it somebody elses “To provide a world class integrated responsibility. marina and tourism facility…’ The Whitsunday community does not “to provide a balanced, master need to be exposed to yet another planned marina resort environment.” costly, disruptive and destructive exercise so that a private developer Closer examination of the document can indulge in a waterfront, land grab confirms that this proposal would not at irreplaceable Shute Harbour. be ‘integrated’ or ‘master-planned’ by Following is compelling evidence to the proponent, as implied, but , after support this contention: reclamation of the World Heritage seabed, would be on-sold to UNESCO in their recent ‘state several unspecified, third party of the Reef’ report referred by developers, as freehold blocks of name to the issues at Shute land, to use more or less as they Harbour and have expressed see fit. their concerns about the ongoing dredging, destruction The Shute Harbour lease has of mangroves, seagrasses, existed for some thirty years and yet corals etc and declining water proponents have never been able to quality. fulfil the requirements of their Terms of Reference and establish there is Professor Jon Nott of JCU ‘demand’ for the facility – berths and Cairns warns that, as a result built form. This is because there is of Climate Change, no demand in this region currently. Queensland will become Not for berths. Not for expensive subject to more frequent and apartments. Berths sit empty in more violent cyclones. At a 7 time when governments and anyone and through bitter councils globally are making a experience, are acutely aware strategic withdrawal from low of the cost to the community lying coastal development and of these commercially its liability and insurance impractical and inappropriate issues, our government schemes. appears to be actively supporting this development Several residential/marina on reclaimed seabed! complexes have gone into receivership in Queensland The Shute Harbour project is over the past few years. symptomatic of the tendency There are two in our of successive Queensland Whitsunday mainland area governments to favour short alone. The debacle at Port of term commercial interests Airlie cost our council and over the long term survival of therefore our community the Great Barrier Reef. Over many thousands of dollars. the years, as science has learnt more an more about the Ten years ago the Port of fragility of this unique eco- Airlie developer promised the system, there have been community, among other many opportunities to things, a major resort in terminate this project. It is a exchange for the loss of their grave failure of vision from precious Coconut Grove governments at all levels that environment.