[cairns-coev] Fwd: False Cape - Site Update

Submitted by M Buttrose on Sat, 13/01/2007 - 16:22

Elected representatives

Find attached (205.2kb PDF) some images from yesterday and comparison with what was for your information.

We are concerned that the community perception is that Government as doing nothing.
Government can apply to the P& E court to seek clarification in regards to the legality of Council granting the operational works permit before approval for a road access is granted.

To say Government can do nothing is simply not true.

There is an ability in IPA for any person to take enforcement action to enforce conditions of a DA. See s.4.3.3 at
http://www.austlii.edu.au/au/legis/qld/consol_act/ipa1997193/s4.3.3.html

I understand proceedings to enforce such breaches can be taken in the Magistrates court. See s.4.3.18.
http://www.austlii.edu.au/au/legis/qld/consol_act/ipa1997193/s4.3.18.htm

The EPA or LG should have taken action by now to ensure that the proper process is undertaken, ie that the work on the site doesn't start until the road is sorted. The EPA or LG can take proceedings in the P & E court if they wanted and were genuinely committed to the site being dealt with properly. There is no question they have power to do that as "any person" can take declaratory proceedings.

This whole debacle is the Government's own making as the operational works approval for the road from the EPA should have been subject to further conditions including the fact that work could not commence on site until the road access was resolved in the Courts. CAFNEC had foreshadowed this problem sometime back to the Minister and it appears nothing was done to ensure this situation was avoided.

Its not too late to act

Regards
Mark Buttrose
Per
Save Our Slopes Community Action Group Incorporated (SOS)

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