Council decides not to appeal Iron Gates ruling

At its first ordinary meeting of the new term, Richmond Valley Council has formally decided not to proceed with an appeal against the NSW Land and Environment Court’s ruling on the Iron Gates subdivision proposal at Evans Head. The original ruling, made on 31 July, favoured Goldcoral Pty Ltd, granting approval for the contentious development.

The prior Council had lodged a Notice of Intention to Appeal to preserve the right to challenge the court’s decision. This measure was taken to allow the newly elected councillors an opportunity to thoroughly review the legal advice and consider whether an appeal would be warranted.

General Manager Vaughan Macdonald

General Manager Vaughan Macdonald explained that, following detailed deliberation and expert legal advice, the Council determined that pursuing an appeal would not serve the best interests of the community nor be a responsible use of resources.

“Independent legal advice from Senior Counsel Jason Lazarus concluded that an appeal would not have reasonable prospects of success under s57(1) of the Land and Environment Court Act 1979,” Mr. Macdonald said. “The only grounds for appeal would involve errors of law under the Act, and even if the appeal were successful, it would not necessarily prevent future development on the site.”

Mr. Macdonald expressed the Council’s disappointment with the court’s decision but emphasized that the focus should now shift to ensuring that any future development aligns with the community’s long-term vision and needs.

“Council believes that our resources are better spent working towards ensuring the development is carried out in a way that reflects our community’s goals, rather than engaging in an appeal that could still result in development on the site,” he said.

With the decision not to appeal, the Council will now focus on engaging with the developer and relevant stakeholders to ensure that the project is executed responsibly. This includes enforcing compliance with environmental regulations, ensuring alignment with infrastructure plans, and integrating community feedback throughout the process.

Mr. Macdonald also mentioned that Council is exploring the possibility of levying charges on future residents to cover the additional maintenance costs that may arise as a result of the development.

“We are committed to advocating for the best outcomes for all residents,” Mr. Macdonald added. “This includes maintaining open communication with the developer and addressing community concerns as the project progresses.”

The Council’s decision not to appeal reflects a pragmatic approach to balancing legal realities with the broader goal of managing development in a way that serves the interests of the Richmond Valley community.

$5 million for our rivers and catchment areas

By Samantha Elley

Thanks to a grant from the NSW Government the rivers in the Northern Rivers will be getting a ‘make over’.

Called the Northern Rivers Watershed Initiative, it involves initiating shovel-ready projects to improve water quality in the Tweed, Brunswick, Richmond and Evans river catchments.

“I am delighted to be announcing the funding of $5 million for the Northern Rivers Watershed Initiative,” said Lismore state member, Janelle Saffin.

“It’s a whole series of projects, it operates across six local government areas from Lismore, Kyogle, Richmond Valley, Ballina, Tweed, Byron.

“We’ve talked about doing repair and we’ve talked about the Watershed Initiative for a long time and Rous County Council did a lot of work on it.”

The funding became an election commitment which has now come to fruition, according to Ms Saffin.

Works will start in  October, 2024 and is based on the application of a range of natural flood management techniques across the Northern Rivers.

Key projects include:

• Working with macadamia farmers on orchard floor management, water sensitive drainage and soil stabilisation.
• Improvements in waterway condition to establish self-sustaining vegetated buffer zones including weed removal, cattle exclusion and planting 10,000 trees.

Jeremy Stewart, Whian Whian Landcare, Garry Lambert, landholder with wife Margaret, State MP Janelle Saffin, Anthony Acret, Rous County Council and Joseph Leven, Casino Food Co-operative.

This is a major partnership between Rous County Council, Lismore City Council, Richmond Valley Council, Kyogle, Tweed, Byron and Ballina Shire Councils, North coast Local Land Services and the Northern Co-operative Meat Company.

“We are backed by a whole catchment community that is really motivated,” said Anthony Acret, Catchment Assets Manager at Rous County Council.

“We’ve got landcare groups, first nations groups, community organisations that are doing a lot of this work themselves and its great to be able to work with them in partnerships to generate these sorts of outcomes.

“And of course we can’t do this work without partnerships with landholders.”

Garry Lambert is one of those landholders who owns acreage at Boatharbour.

“My interest of course is the land around us but I am a member of the community,” said Mr Lamber, former mayor of Darwin.

“You don’t have to be a scientist to look down at that creek and see the degradation that has happened over many years. That’s the history of farming.

“There’s now a movement to bring some vitality back to these waterways and make them much more productive.”

Mr Lamber said he and his wife were working at regenerative farming practices.

“This is just a perfect way of making sure we can be sustainable, that maximise capacity of the land,” he said.

“But still keeping production happening, because we still need to feed people, still need employment for people but we need to manage the environment.”

For more local news, click here.

The Northern Rivers Times Newspaper Edition 216

The Northern Rivers Times is packed with essential information as we continue our “Meet the Candidates” series. This week, we’re featuring the candidates from Ballina, Kyogle, Lismore, and Richmond Valley, giving you a closer look at the people vying for your vote.

The Northern Rivers Times is packed with essential information as we continue our “Meet the Candidates” series. This week, we’re featuring the candidates from Ballina, Kyogle, Lismore, and Richmond Valley, giving you a closer look at the people vying for your vote.
Our comprehensive 72-page edition is full of insights, interviews, and profiles to help you make an informed decision at the upcoming elections.
Pick up your copy early tomorrow from your nearest Newsagent, Woolworths, or Ampol Foodary service station, general and rural stores. Don’t miss out on this vital resource for the Northern Rivers community!

Our comprehensive 72-page edition is full of insights, interviews, and profiles to help you make an informed decision at the upcoming elections.
Pick up your copy early tomorrow from your nearest Newsagent, Woolworths, or Ampol Foodary service station, general and rural stores. Don’t miss out on this vital resource for the Northern Rivers community!