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STOP WEST CULBURRA
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Culburra Beach are owned by the Halloran Trust and their subsidiary company Sealark, who have been attempting to bring outdated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.
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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?
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
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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
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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.
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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.
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Currently, the West Culburra proposed development is 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 know to contain endangered wildlife that is subkect 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 is petitioning the Minister for the Environment Tanya Plibersek urging her to deny the developer's application.
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LAKE WOLLUMBOOLA
