Council seeks court relief on Fame Cove development

Published on 06 December 2016

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UPDATE - Wednesday 14 December 2016

This week the Land and Environment Court determined the injunction concerning land owned by LDF Enterprise Pty Ltd at Fame Cove has been upheld and will remain in force until 24 March 2017.

Remediation work outlined in the clean-up notice served on Friday 2 December will continue during this period.

Council's Director of Environment and Planning, Lisa Schiff said “we are taking steps to ensure areas of immediate concern are addressed and that the site is appropriately managed into the future”.

Tuesday 6 December 2016

MidCoast Council is seeking court relief to ensure all works undertaken on land owned by LDF Enterprise Pty Ltd at Fame Cove are conducted with development consent.

 On Friday 2 December, Council successfully sought an injunction in the NSW Land and Environment Court for the owner to cease all work at various sites on the land. This injunction reinforces a stop work order issued by Council on 16 November.

The injunction aims to prevent any possible environmental damage caused by work already undertaken and for Council to proceed with an investigation into whether the work undertaken so far requires approval or is compliant with development consents issued.

Council also issued a clean-up order on 1 December, within its power under the Protection of the Environment Operations Act, to force the landholder to undertake immediate environmental protection measures.

"The purpose of these urgent mitigation works is to prevent possible erosion and sediment pollution of Fame Creek, North Arm Cove and the wider Port Stephens Marine Park area as a result of works undertaken on the site" said Council's Director of Planning and Natural Systems, Lisa Schiff.

The temporary injunction expires at 3pm on Thursday 8 December 2016 but Council will be seeking to have the injunction extended to enable all works to cease, pending completion of the actions set out in the Clean-up Notice.

"Council will be continuing its investigation into the unauthorised works on the site and will also be looking at seeking remediation of those parts of the site that have been impacted without the required approvals” said Lisa Schiff.

In addition, other NSW and Federal agencies may be conducting investigations under relevant legislation, including the NSW Office of Environment and Heritage, NSW Fisheries, NSW Marine Parks Authority and the Federal Department of Environment and Energy.