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DARWIN

Last Updated 13th February 2010

Why Pay back? Why would a State Government allow or participate in the forced destruction of a viable Niche family business. A business providing in a regional remote area, youth and disadvantaged, skills training and employment?

The company purchased the Cardwell land, a 30 year renewable special leasehold in 1988 with 14 years remaining. The leases purpose, Business, Industrial Commercial, residential. Used in the prior 52 years for boat building and residential purposes by the Barnett family.

On taking possession the company was visited by National Parks and wildlife officers and advised they regretted our occupation, that the Edmund Kennedy National Park Boundary was only  500metres over Meunga Creek (a river in width) to the properties north. Separated by the river and then some 200 metres of coastal scrub and Mangroves. That they liked to extend the areas of protection beyond the parks Boundaries. That if they had the authority they would not only prevent business enterprises but also occupation.

The company used the lands for Boat Parking from 1990.

Unawares of many property owners , within the Cardwell Shire, including our company, Environmental Protection Agency, the Qld Government umbrella organization for:- Beach Protection Authority, National Parks and Wildlife, Primary Industry and Fisheries, Department of Forestry, Department Natural Resources and Lands, and probably a few other Departments, forced the Cardwell Shire Council to rezone Lands, no advice, knowledge or input from  land owners effected. In our companies case a rezoning from Rural, to Nature Resource Protection.

When the company duly surrendered it’s lease to the Department of Natural Resources and Lands, for renewal, that renewal was granted for a further 30 years, however when returned, with all commercial rights removed. When queried we were advised formally it was a new system so as to prevent Native Title claims over the lands, the leases now called term leases, that all commercial use was now by application and a formality, so that the now quite significant business that had been built could be continued. Formal application was made and refused.

Cardwell Shire Council supporting our continuance, EPA via the Department of Natural Resources and Lands  opposed, however many DNR officers visiting the company operations , stated they saw no environmental or other reason’s why the business should not continue?

A campaign was then waged against the company by an EPA Director and her manager,.Written claims, that non existent night lighting was, upsetting non existent gliders, the business threatened non existent sand dunes, that the flood free lands were tidal? Council in its Town Plan review, zoned the land by unanimous decision ,Industrial. Reflecting its by then 60 years usage. Four weeks later, Council back flipped and rezoned once again to Natural Resources protection, Senior Councillor’s, Mayor and Deputy Mayor, explaining in a personal meeting an EPA  Director, had demanded a change back by council or EPA would launch a legal challenge of the entire shires town plan, additionally immediately withheld funds to pay for the beach replenishment works for Tully Heads, where houses were threatened with inundation. Council was being blackmailed. EPA protected legislatively from exposure to pay compensation prevailed.  Our company forced  ultimately to cease commercial operations ,  sell the property for residential use only.

EPA officers resorted to other criminal activities in its campaign against the family business. Officers from the The Department of Fisheries made an official visit to the property, and stated they were investigating the destruction of mangroves by it, in the vicinity of the Meunga Creek Boat ramp, utilized by the business.         The Cardwell Chamber of Commerce President was called upon to act as an independent witness by us, armed with cameras we then launched a dinghy at the boat ramp, with the fisheries officer in company we proceeded to near the mouth of Meunga Creek, and within the Edmund Kennedy National park. Hidden behind an untouched fringe was a significant swathe of Mangroves chain sawed down, within the previous few days. Clearly obvious, National Parks and Wildlife officers Quad bike tracks. A roadway of cut down mangroves sometimes in the wrong direction, backtracked and adjusted. A shortcut from the Parks ranger station to the creek mouth. The Fisheries officer, presented with an internal , inter department embarrassment, as we also provided  him, the names of the National Parks and Wildlife Officers responsible. Our photographs posted on this companies web site, copies also provided Mark Rowell MLA(opposition Local member) who tabled the photos and tabled questions in Queensland Parliament to the Minister for National Parks and Wildlife Mr Dean Wells. Prior checks had confirmed that no permit for clearing mangroves had been obtained by National Parks and Wildlife from the Cairns Department of Primacy Industries and Fisheries issuing officer.  Minister Dean Wells only response back to Parliament was , “the clearing had been urgently carried out as a matter of life or death”? What risk to life and how was this illegal clearing going to save it, never revealed?  How did we know of the illegal clearing? A tip off  24 hours or so before the formal visit by the fisheries officer, that the clearing had been carried out illegally by two National Parks and Wildlife officers, where that clearing had occurred , and who was responsible. Advised that we were being set up for prosecution. What happened to those officers? Nothing, in fact one was rewarded with a transfer for management training to Gladstone. Our company fought the only way we could, blowing the whistle publicly of illegal activities of the EPA department’s officers, some involved in long term production of illegal drug crops in National Parks and Forestry areas. Many officers  were convicted in the courts. Of course sentences a joke, one National Parks Officer, found guilty of Production of Illicit drug crop, possession of illegal drugs, illegal firearms possession, endangered species products in possession ,  $400 fine and his resignation.

 EPA Manager’s have themselves had issued falsified infringement notices for non existent, unlawful acts.Attempted extortion.  Requiring significant fine payments of $1200. The Attorney General rapidly quashing those infringement notices, when he realized the supposed offense didn’t actually exist, and therefore could not have occurred. Those officers of EPA where attempting to intimidate, extort fines , if paid an automatic pleading of guilt. Fraud by imposition. Prosecuted? NO. Sacked? NO

Managers of EPA Departments have let public tenders to family members, even prior to the closing date for the tender, With total impunity.

We now as a company, cannot make any application to any Queensland Department under the EPA umbrella, Cannot seek information as to any license or permit  inquiry, to any of their Departments. We must be red flagged. Our inquiries simply ignored outright, effectively  preventing our possible investing or involving ourselves in any way in  any possible future Queensland  business venture, such is the vexatious, vindictive behaviour of these Departments

The Queensland Government devolved all its political powers to the EPA in North Queensland. Whilst the corruption of Cabinet and Government Ministers of the Peter Beattie/Anna Bligh Government is proven and public record, such criminal acts and corruption, pales to insignificance ,compared to that existing within the EPA and Departments under its shadow in North Queensland. No whistle blowing legislation adequate to counter the corruption ..We as a company are forced to wait until there is a change of Government before we can table additional evidence, some photographic of criminal activities. Knowing that any release now would be further covered up and not acted upon as is this Government’s normal practice.

We are pleased to provide you below the Photos of Mangrove destruction by the EPA’s Department’s Officers, an offense that if it could have been set up properly , resulting in probably  jail for the company directors, and fines in the millions of dollars for the company. Within EPA  Management in Cairns and Townsville,  are corrupt officers involved in ongoing criminal activities . The Queensland Government, its Ministers complicit.

 

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