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Culburra Residents & Ratepayers Action Group
IMPORTANT UPDATE! The rally has been cancelled as the court has moved the Conciliation Hearing indoors and it will happen on Teams now. There will be no site visit and no opportunity for the community to view any part of the proceedings. CRRAG has applied to be a party to proceedings. We await the LEC court's decision.
Sealark is back in the Land & Environment Court ON OCTOBER 30th, 2026 at 10am AT the West Culburra site on Culburra Road. Shoalhaven Council seems to agree with CRRAG's experts and scientific evidence that the developer's environmental reports are inadequate. Sealark will ask the court to approve their DAs anyway. Shoalhaven Council may agree to this with conditions. For the developer this is a potential 'workaround' to get their Stage 1 DA. JOIN US at the Site Rally to show the court that the community is opposed to this development. To stay updated, register for the rally: crraginc@gmail.com
WITH THE DEADLINE ONLY MONTHS AWAY, WHAT DOES THIS MEAN FOR WEST CULBURRA?
If Sealark cannot meet the conditions of the Concept Plan approval by December 1st, 2026, the plan lapses and the developer will have to give up or start all over again with NSW Planning. (The DPIE)
To speed up this state approval process, Sealark have decided to take Shoalhaven Council to Court on October 30th.
In a closed doors Conciliation process, Sealark will ask Shoalhaven Council to approve their STAGE 1 DA, with conditions. If Council agree to this, the DPIE approval lapsing clause condition will be met. But they will still have to meet the State biodiversity offset conditions.
WHAT ARE COUNCIL’S CURRENT OBJECTIONS TO SEALARK’S STAGE 1 DA?
At the court hearing, broadly-speaking, they will contend that:
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The development will have negative environmental and biodiversity impacts, putting species of flora and fauna under threat,
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The proposed stormwater treatment and drainage design is inadequate – Lake Wollumboola and the Crookhaven River are at risk of contamination,
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Erosion measures are inadequate,
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Inadequate measures for long-term protection of residual areas,
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Inadequate measures to mitigate threat of bushfire,
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Inadequate reports on the effects on Aboriginal Cultural Heritage,
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Road design and access plans do not comply with safety regulations,
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The subdivision has not been designed to integrate with the existing natural features of the land
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The plan to transfer maintenance responsibility of the retaining walls to Council is not in the public interest (ie it will cost the ratepayer and council),
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The subdivision is counter to the public interest – there were 143 objections from the Culburra community and the developer has not adequately addressed these.
WHAT DISCRETIONARY POWERS DOES THE LEC CONCILIATION HEARING COMMISSIONER OR JUDGE HAVE THAT COULD AFFECT THE OUTCOME OF THE CONCILIATION HEARING?
Under 4.24 (4) of the Environmental Planning Act, NSW (1979) the commissioner or judge has the power to determine a further development application (DA) for a site even if it is inconsistent with an existing concept development consent.
WHAT CAN WE DO?
1. Put out the message that IF LEC CONSENT IS GRANTED, SHOALHAVEN COUNCIL MUST NOT AGREE TO ANY CONDITIONAL APPROVAL OF SEALARK’S STAGE 1 DA THAT IS NOT ALIGNED WITH THE LEC CONDITIONS OF APPROVAL OF THE SEALARK MODIFICATION APPLICATION- SSD-3846-Mod-1 - AS DETERMINED BY NSW PLANNING ON SEPTEMBER 22nd, 2026 . Write to the Council planning Department urging them to reject the Stage 1 DA. Write to our Councillors.
2. SIGN UP to our CRRAG group to stay informed and up to date with the development.
3. CONTRIBUTE TO OUR LEGAL FUND: https://forms.gle/1wBr4u6JTDaxyU6S6
HAS THE WEST CULBURRA DEVELOPMENT BEEN APPROVED YET?
No. There are many stages to go through before it gets final approval because it is a State Significant Development. The developer still has conditions to meet regarding the environment. The development must go through Local, State and Federal government approval processes. The State and Federal authorities have set these conditions in response to our submissions over the past 3 years. They are are intended to protect the environment and ensure there is a NilorBeneficial effect on our sensitive waterways. CRRAG insist they must be upheld.
WHAT APPROVAL STAGE IS IT AT NOW?
Sealark recently had some Modifications to their Concept Plan approved by the New South Wales Department of Planning. These included a minor adjustment to the footprint of the development which was originally located too close to Curley’s Bay and the high water mark.
Sealark were also required to carry out water reports and to address submissions from the community and experts regarding the accuracy of their groundwater studies.
Sealark simultaneously applied to Shoalhaven Council for a STAGE 1A Development Application. They applied for modifications so that their concept plan would align with this Stage 1A DA application and open the pathway to Council approval. If the Stage 1A DA is approved, this would allow the developer to start clearing the forested main site.
However, Shoalhaven Council has let this DA approval lapse and has raised objections to it. So Sealark is taking Shoalhaven Council to the Land & Environment Court.
DID THE DEPARTMENT OF PLANNING APPROVE ALL OF THE MODIFICATIONS TO THE CONCEPT PLAN REQUESTED BY SEALARK?
No. Sealark asked the DPIE for changes to the clause which pertain to the lapsing of the conditions of the Concept Plan and also to the Biodiversity offset requirements.
Sealark asked for an extension of the lapsing deadline. The DPIE rejected this.
Sealark asked for their preliminary infrastructure and roadworks DAs which have already been approved by Shoalhaven Council, to be considered to fulfill the condition of the lapsing clause which requires earthworks be done on the main site before their Concept consen expires on December 1st, 2026. The DPIE rejected this. The December 1st 2026 deadline still stands. Sealark must get Shoalhaven Council approval of their STAGE 1A DA before this date to meet this state lapsing condition.
Sealark asked for their Biodiversity Offset conditions to be deferred. The DPIE rejected this. And they increased Sealark’s biodiversity conditions. Sealark must now retire an additional 2000 biodiversity credits. (The DPIE re-assessed this condition under recently -revised biodiversity offset legislation
WHAT ABOUT THE FEDERAL GOVERNMENT CONDITIONS, INCLUDING THE BIODIVERSITY OFFSETS?
The developer must still meet these federal conditions before they can clear the main site. They are different to the State DPIE conditions, although some align, depending on which species of flora and fauna are considered threatened under the different state and federal legislation.
WHAT'S GOING ON WITH ALL THE VEGETATION CLEARING THAT HAS ALREADY BEEN DONE ALONGSIDE CULBURRA ROAD?
Crrag questioned Shoalhaven Council about this when we opposed these early works DAs.
Council responded that the DAs were subject to the Federal and State Conditions. We questioned the Federal MInister for the Environment's office and their response was that Council was in charge of these early works approvals.
WHY HAVE TREES BEEN CHOPPED DOWN FOR THE ROUNDABOUT, IF THE DA IS STILL SUBJECT TO CONDITIONS?
We don't know.
WHO IS MONITORING COMPLIANCE, IF NOT THE COUNCIL?
We can only assume the developer is self-monitoring. We will look into this further.
UPDATE - WEST CULBURRA
(as at October 27th, 2026)
BREAKING: DEVELOPER CLAIMS LAND IN CULBURRA BASED ON OLD TITLE!
ON Friday October 2nd, Council staff informed CRRAG that there were 15 lots of land in Culburra Beach that were disused roads that Sealark has laid claim to, and Council is busy approving DAs for them to develop. Some include pathways to the beach, others are narrow blocks squeezed between existing houses on bushland. The Tilbury Cove reserve, as we know, is on land we have been enjoying as green space for 50 years. The Triangle, Lee St, Eastbourne Ave, Penguins Head Rd…there are 11 more.
There are many questions raised by this situation that remain unanswered.
We were told categorically, that no money changed hands between Sealark and Council, only DA approvals. Council decided not to fight for these lots, even though they would potentially be appreciating assets sorely needed by our financially strapped Council.
And even though Council has been maintaining them, and there would be money to be made by claiming back taxes and maintenance costs.
Why?
And what are the legal implications of the situation? These lots are under Torrens Title, as are most of the lots in Culburra. (See map below) Is your land safe from this developer?
Torrens Title ownership is the domain of the State government not local. We were told that Halloran intended to transfer the title of these roads to Council back in 1923 but somebody forgot to do it. Sealark have now taken back that land, despite common usage by Council and the public over decades.
How many more parcels of land will Sealark claim?
What exactly was the nature of Council’s negotiation with Sealark?
We have requested from Council a list of ALL the land Sealark has reclaimed. And the legal advice received by Council about the case when it went to the Land & Environment Court in August. The result of this court case was that Shoalhaven Council negotiated a deal with Sealark. That much has been confirmed by Andrew Constance Council CEO on Friday Octiber 2nd at the Shoalhaven Lets Talk Finances Comunity forum held in Culburra Beach COmmunity Centre.
Watch this space.
The West Culburra Story
Large tracts of land in Culburra Beach are owned by the Halloran Trust and their subsidiary company Sealark, who have been attempting to bring outdated
'zombie' development proposals back to life since 2010.
Residents of Culburra Beach worked together to successfully oppose these. In 2018, the NSW Dept of Planning & the Environment refused consent for a housing development at West Culburra on environmentally sensitive land that is home to endangered wildlife.
In 2018, the NSW Dept of Planning & the Environment refused consent for a housing development proposal at West Culburra on environmentally sensitive land that is home to endangered wildlife including the glossy Black Cockatoo, Yellow-Bellied Gliders and Powerful Owls.
In 2020, the West Culburra development appeared again in a scaled-down form as a Concept Plan and Sealark appealed the decision at the Land & Environment Court. Concerned residents of Culburra rallied once again to protect their coastal village. A court hearing was held in Culburra Beach at the Community Centre to hear speakers from both sides. The JLALC expressed their strong opposition to the Sealark development at this hearing, citing the importance of the site to their cultural practices and heritage.
In December 2021, after a nine-month deliberation, the court approved the West Culburra Development Concept Plan appeal - imposing conditions aimed at addressing key environmental concerns such as erosion and wildlife loss due to wholesale clear-felling by the developer of the 49 hectares. Sealark was also required to carry out meaningful consultation with the Jerrinja community and the JLALC, a condition they have failed to fulfill to date.
Proving a Nil or beneficial effect (NORBe) on the water quality of Curley’s Bay and nearby waterways was also a key condition of the approval. CRRAG’s own expert studies show that Curley’s Bay in particular is at risk of pollution from groundwater contamination, stormwater run-off, and the inadequate water filter system currently being proposed by the developer.
This area of Culburra is even more prone to flooding than it was when the West Culburra development proposal was first mooted. The loss of wildlife habitat when the land is cleared and the damage to the waterways and the local oyster industry will be irreparable.
Tip of the Iceberg
If West Culburra DAs are appoved through Shoalhaven Council, the Halloran Trust will seek to develop another 300 hectares of Halloran Trust land, some of which is located west of West Culburra.
Where will the loss of bushland habitat end?
WEST CULBURRA UPDATE 2025
Culburra development summaries
Protect & Respect
80 % of native bushland habitat in the Shoalhaven was burnt in the 2019/20 bushfires. While the fire raged less than 11 k's away, Culburra Beach was left untouched.
Wildlife corridors are critical for protecting endangered species. Now, more than ever, we need to stop the practice of clear felling land and find sustainable ways
to build and live on the land.
2024 UPDATE ON SEALARK DEVELOPMENTS
LOT 1 EAST CRESCENT, CULBURRA
The Halloran Trust and Sealark have a controversial proposal to develop 14 Units of housing at Lot 1 East Crescent, Culburra on the shores of Lake Wollumboola which is a sensitive wetland area that is part of Jervis Bay National Park. This is a clear example of an historical or “zombie” development where the development consent should have been revoked years ago.
The consent to develop East Crescent dates back to 1979 when the Shoalhaven Council approved a DA for an 85-lot caravan park on the shores of Lake Wollumboola. No works were undertaken and the conditions of the DA were not met and the land was then sold to Allan Parkes of Fenfar who applied to Council for consent for a 24 lot subdivision in 2006. In April 2010, when council refused their application based on insufficient information, Fenfar appealed the council’s decision in the Land Environment Court. In April 2013 Shoalhaven Council received notice from the Land & Environment Court that Fenfar’s modified application had been granted consent with conditions. Fenfar then sold the land to the Halloran Company and in 2018, five of the fourteen lots were advertised for sale but none were sold.
In 2021, nineteen thousand Jerrinja artefacts were found on site during a year-long archaelogical survey, precipitating a stop work order to be taken out by the Jerrinja community. When the order expired, Sealark applied for and were granted an AHIP (Aboriginal Heritage Impact Permit) by Heritage NSW which allowed them to continue to progress the development in spite of ongoing conflict with the Jerrinja Local Aboriginal Land Council over the development.
In August 2024, a landmark motion was passed in Shoalhaven Council in a first important step to protect the culturally significant site at East Crescent from development. Moved by Ward 2 Councillor John Kotlash, the motion proposed that Council:
1 . Supports in principle the Jerrinja Local Aboriginal Land Council's Ministerial dated Friday 26 July 2024, requesting a moratorium on Sealark's proposed development at West Culburra.
2. to NSW Department of Environment and Heritage and recommend that the Aboriginal Heritage Impact Permit (AHIP) granted to Sealark for Lot 1 East Crescent Culburra Beach be revoked as requested by JLALC on 7 May 2021.
3. Request that Sealark cease their development proposal on Lot 1 East Crescent and return the Significant Cultural Material excavated and removed through the AHIP process, from Lot 1 East Crescent to the site as requested by JLALC. Under Jerrinja lore, these 19,000 plus artefacts which have been dated by expert archaeologists to between 5,000 and 10,000 years - older than the pyramids - should never have been removed and must be returned and retained in situ.
According to JLALC CEO Alfred Wellington, fighting against developments have inflicted more than a decade of trauma on his community who are forced to defend their cultural and spiritual values. There seems to be a failure to respect the concept that ecological values are also the Jerrinja people’s cultural values and include their community’s connection to plants and wildlife. Moreover, the developer allegedly has a history of opinion “shopping” with local members of the Indigenous community as part of their Indigenous consultation box ticking exercise.
HISTORICAL (ZOMBIE) ZONING & DEVELOPMENT APPLICATIONS
While no community consultation has been carried out as yet, the NSW Dept of Planning recently informed CRRAG that Sealark have commenced preliminary studies and are working with Shoalhaven Council planners on a new proposed "lifestyle' housing development at South Culburra. They are relying on a “deferred matter” zoning that dates from 2014. In that sense it is an historic (or zombie) development proposal that needs to be re-evaluated along with the many other historical consents that are out-of-step with current planning legislation, practices and community values.
The biggest problem with historical development consents is that they were granted to developers decades ago and most would not meet the rigorous standards and legislation applied to such developments today. These standards have been updated in light of:
- climate change which we now know produces a higher frequency of extreme weather events such as flood and fires;
- a greater awareness by the general public and planning bodies of the importance of protecting our wildlife and environment;
- the importance of our First Nations People’s spiritual and cultural connection to the land, - the importance of tree canopy to urban planning; and,
- the recorded rise in sea levels.
In August 2024, Greens Councillor Evan Christen succeeded in getting a motion passed by Shoalhaven Council, as follows:
Council requests the NSW Government to place a moratorium on the development of land that is not supported by contemporary studies on biodiversity (post 2019/20 bushfires) and Indigenous cultural heritage, as an application of the Precautionary principle, pending the completion of the NSW Parliamentary Inquiry into historical development consents in NSW (Zombie DA’s) and the NSW Government's response to it.
At the subsequent Shoalhaven Council meeting, Shoalhaven Independent Patricia White put a recission motion on Evan Christen’s motion.
This matter was debated again when the new council met in October 2024. CRRAG President Claire Haywood did a deputation to Council opposing Patricia White's rescission motion. The motion was defeated when SIG councillors Dunn and Cox voted with Tribe and Labor councillors to defeat the motion.
In February 2025, the West Culburra developer was in the final stages of seeking approval from the Federal government to do a "controlled action" under the EPBC Act. The controlled action is to clearfell 48 hectares of forest that is known to contain endangered wildlife that is subject to protection laws - including the Glossy Black Cockatoo, the Gang Gang Cockatoo, the Yellow-bellied Glider, the Powerful Owl, Microbats and species of Orchids. CRRAG petitioned the Minister for the Environment Tanya Plibersek urging her to deny the developer's application.
On May 23rd 2025, the Sealark application was approved by Minister Watt with conditions that include a requirement to retire biodiversity offsets before land clearing can begin.
LAKE WOLLUMBOOLA SENSITIVE WETLAND -2021
