<div><strong>Eight kangaroos died. Are threatened migratory species is next?</strong>
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<div><strong>Eight kangaroos died in less than a fortnight. Now we need to ensure that wildlife protections and planning permit conditions are properly enforced before further damage is done.</strong>
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<div>For as long as anyone in Paynesville can remember, a mob of kangaroos has crossed the land at Fullarton Drive to reach the reserve on the Gippsland Lakes.
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<div>In August, a fence went up across their path.
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<div>Residents watched them run at the wire, again and again. The wildlife carers who came reported broken legs, dislocated jaws, bloodied mouths. Mothers died with joeys still alive in the pouch. The joeys had to be put down too.
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<div><strong>Eight kangaroos. One fortnight.</strong>
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<div>Sections of the fencing were subsequently opened and visibility strips installed, but the fence remains on site. The developer says it is working with the relevant authorities on a permanent fencing design. FOGL believes important questions about compliance with the site's management plans remain unresolved.
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<div><strong>And there is another urgent concern.</strong>
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<div>Latham's Snipe, a Vulnerable migratory shorebird, has returned to the site. Our members have recorded the birds within the area marked for development. The planning permit requires an independent ecological survey before vegetation clearing or ground disturbance can commence, and Council's consideration of that survey is an important outstanding step.
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<div>The independence of that survey matters because its findings may affect the habitat that must be protected and the plans that can ultimately be approved.
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<div>Three years ago, the community secured planning permit conditions at VCAT intended to protect wildlife and ensure that ecological requirements were addressed before development proceeded.
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<div><strong>Those protections must mean something in practice.</strong>
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<div>FOGL has instructed solicitors to pursue the outstanding issues with Council and is obtaining specialist legal advice on the appropriate enforcement options.
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<div>We are raising funds to help turn community concern into meaningful, enforceable action. 
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<div>Before anything is built, the permit requires an independent ecologist to survey the bird's habitat. That survey decides what gets built on and what survives. It is with Council now, and not yet approved.
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<div>Three years ago this community won these conditions at VCAT. We're raising $6,000 for the in initial legal work to see these conditions honoured, while the survey is still with Council.
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<div>We'd rather not need it. But hope isn't a plan.
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<div>Please give what you can, and share this page.
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<div><strong>The full story, and the documents behind it</strong>
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<div><strong>What happened</strong>
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<div>The developer's 2023 wildlife plan also required any fence to be sealed at the base and marked so animals could see it. The fence went up in mid-August as plain mesh, with gaps at the base. Residents reported openings were made on 27 August. Eight animals died in between.
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<div>The construction documents never referred to that plan. One document knew about the kangaroos. The other one built the fence. Opening it was the right thing to do, and the developer's own documented remedy from day one.
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<div><strong>The birds</strong>
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<div>The developer's own ecologists acknowledged up to 40 Latham's Snipe on this land, averaging 18, the number that makes a site nationally important. The bird was listed as Vulnerable under national environment law (the EPBC Act) in January 2024, after this project's referral was decided, so their assessment treated it only as migratory.
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<div>An independent assessment by Associate Professor Birgita Hansen (one of Australia's leading snipe experts), mapped the snipe's habitat here at about 6.3 hectares. The developer mapped just 1.2 ha. If the permit's survey finds more than was mapped, the plans must be amended to protect it.
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<div><strong>Why one word matters</strong>
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<div>The permit requires the survey to be done by an "Independent" ecologist, a term defined in the Commonwealth approval. The community fought for that word at VCAT for a simple reason: whoever counts the habitat decides how much survives. The order matters too: independent survey first, plans second, works last.
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<div><strong>Where the money goes</strong>
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<div>Your donation helps fund the legal work needed to hold the developer to the planning permit conditions and protect wildlife at this site.
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<div>The immediate work has two parts.
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<div>First, securing proper consideration of the ecological surveys. Our solicitors have written formally to East Gippsland Shire Council about the surveys required under Condition 5 of the planning permit. We have asked Council to ensure that the ecologists meet the permit's requirements for independence and professional qualifications before the surveys are approved.
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<div>Second, pursuing formal enforcement options. We are obtaining specialist legal advice on the appropriate grounds, evidence and remedies available through VCAT, including an enforcement order. This work will help us determine how best to pursue compliance with the permit conditions and prepare for the appropriate formal action.
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<div>Legal enforcement takes evidence, preparation and careful consideration of the remedy being sought. We want to direct donated funds towards action that is properly supported and capable of achieving a practical outcome.
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<div>Further stages of legal action may require additional funding. We will explain those stages before asking the community to contribute further.
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<div>Any unspent funds will be held by FOGL solely for independent monitoring of compliance at this site, and we will publish an account of every dollar. Donations are not tax deductible.
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<div>Your support will help turn concern for the kangaroos and Latham's Snipe into a serious effort to secure accountability and compliance with the law.
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<div><strong>Who we are</strong>
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<div>Friends of the Gippsland Lakes Parks and Reserves Inc. (FOGL) is an incorporated community group based in Paynesville. We're not against housing; we're for housing in appropriate locations and the permit conditions being met. We were in the room at VCAT when they were negotiated. We have written to Council and reported to the Commonwealth regulator. Legal action is our last resort.
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<div>Every claim on this page is sourced to documents, most of them the developer's own. Read our full statement, <a href="https://fogl.org.au/home/announcements/eight-dead-kangaroos-and-the-birds-the-fence-was-said-to-protect/" target="_blank" rel="noreferrer noopener">Eight dead kangaroos and the fence</a> and our r<a href="https://fogl.org.au/home/announcements/cows-and-carcasses-at-shearwater-what-the-second-statement-answers-and-what-it-does-not/" target="_blank" rel="noreferrer noopener">esponse to the developer's second public statement</a>.
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Sharon and Ant Duthie - Brock

Patricia Clancy

Anonymous

Mandy Bradshaw

Melinda Darer

Carin Poeschel-Livingstone

Eve Cash

DEB WARWICK

Matthew Renshaw

Eight kangaroos died. Are threatened migratory species next?

Eight kangaroos died. Are threatened migratory species next?

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