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DARWIN

Last Updated 19th April 2011

Why? Why would a State Government allow or participate in the forced closure 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 Industrial 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 500 meter’s away, across Meunga Creek (a river in width) to the properties north. Separated by the river and then some 200 meter’s of coastal scrub and Mangroves. That they liked to extend and control the areas beyond the parks Boundaries. That if they had the authority they would not only prevent business enterprises but also occupation of nearby lands. Where does a boundary end?

The company used the lands for Boat Parking from 1990.

Unawares of many property owners , within the then Cardwell Shire, including our company, E.P.A. (now called the Environment Resources Management )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 then 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 reissued,  all commercial rights had been 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, a formality, so that the quite significant business that had been built up could be continued. Formal application was duly made, and refused.

Cardwell Shire Council supported our continuance, ERM via the Department of Natural Resources and Lands opposed ,  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 ERM Director and her manager. Written claims, that non existent night lighting was, upsetting non existent mahogany gliders, the business threatened non existent sand dunes, that the flood free lands were tidal? Council however in its Town Plan review, rezoned the land by unanimous decision, Industrial.  Reflecting it’s by then, 60 years of usage. Four weeks later, Council back flipped and rezoned  the lands,  once again  Natural Resources protection, Senior Councilor’s, Mayor and Deputy Mayor, explaining in a personal meeting an EPA Director, had demanded a change back by council. That otherwise ERM would launch a legal challenge to the entire shires town plan, additionally immediately withhold funds to pay for the beach replenishment works underway at Tully Heads. Houses were threatened with inundation. Council was blackmailed. ERM is  protected legislatively from exposure to pay compensation, and  prevailed. Our company forced ultimately to cease commercial operations , sell the property for residential use only.

ERM 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, 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, copied also to Mr Mark Rowell MLA(opposition Local member) who tabled the photos and asked questions in the  Queensland Parliament of 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 Primary 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? why did this illegal clearing  occur, 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. Advice 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 ERM department’s officers, some involved in long term production of illegal drug crops in National Parks and Forestry areas. Many officers were actually convicted in the courts. Of course sentences a joke, one National Parks Officer, found guilty of Production of Illicit drug crops, possession of illegal drugs, illegal firearms possession, endangered species products in possession , $400 fine and his resignation.

ERM Manager’s have themselves  issued falsified, fraudulent, infringement notices for non existent, unlawful acts. Attempted  extortion of 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. The infringements for offenses totally unrelated. That Manager and  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 ERM 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 ERM 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 investment or involving ourselves in any way in any possible future Queensland business venture, such is the vexatious, vindictive behavior of the EPA administered Departments, and the corrupt Bligh Government, a Government our company will survive.

The Queensland Government devolved all its political powers to the ERM 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 which exists within the ERM 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 further criminal activities. Knowing that any release now would be further covered up and not acted upon, as is this Government’s normal practice. The Hypocrisy, Government sit’s back and allows the destruction of many profitable remote regional businesses in the north by the ERM without any supporting scientific evidence , whilst publishing policy statements saying they wish to encourage remote regional business and employment opportunities.

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

The absolute absurdity, our business operations were entirely powered by alternative energy systems, solar and wind power an approved sustainable energy business operation , by ERM  Brisbane?

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