Save Tura Beach biodiversity from development

Coastal forests are in rapid decline from the impact of climate change, development and bushfires. At Tura Beach on the far south coast of NSW, one of these remnant forests is under imminent threat from land clearing for residential development. The 10 hectares (roughly 100 acres) of forest is privately owned but bordered on three sides by Aboriginal Land Council reserve and the beach. Even though this land is privately owned, it provides a critical corridor for wildlife moving to and from the coast and to natural water courses.

The land is home to endangered and threatened plants and wildlife. It is full of hollow bearing Bloodwood and Blackbutt eucalypt stands that are well over 100 years old, providing food and habitat for Yellow-bellied Gliders, Eastern Pygmy Possums, Glossy Black cockatoos, and Gang-gang Cockatoos as well as foraging habitat for the Swift Parrot (which is mapped under the Biodiversity & Conservation Act (NSW Biodiversity Value Mapping)). There is quality ground cover habitat that supports a range of threatened flora and fauna species including Long-nosed Potoroos and the endangered Merimbula Star-Hair plant. The Powerful Owl and Barking Owl are frequently heard calling and possibly breed here. It is also a stronghold for populations of mange-free Wombats, Long-nosed Bandicoots, Eastern Grey Kangaroos, Swamp Wallaby and Red-necked Wallaby.

The Merimbula Star-Hair is endemic to the Tura Beach area and has special protection in NSW where it is listed as a SAII species under the NSW Biodiversity Conservation Act (species at risk of ‘Serious and Irreversible Impact’). So far 227 Merimbula Star-Hair Plants have been catalogued on the site.

We are seeking financial assistance from the community for legal costs to challenge a Zombie Development Application which was approved in 1989 - 33 years ago! It will result in complete destruction of this environment and possibly irreversible impact to the population of at least the Merimbula Star-Hair in exchange for a 32 lot residential subdivision.

We have contacted Bega Valley Shire Council on multiple occasions regarding the damage this development would cause. On every occasion, their response has been ‘our hands are tied’. Council staff have categorically stated:

“This consent is a valid consent, notwithstanding the elapsed time since the consent was issued, and providing stage 13 is constructed in accordance with the development consent , and approved plans , there is no further assessment required.”

The Council is saying categorically that no current environmental legislation or protection applies to this land, despite its recorded biodiversity values as acknowledged by the Federal and State governments.

Council has also refused any public access to the documents relating to the land and the development consent, which appears to be an attempt to stall any community and legal challenges to the development and their imminent issuing of the subdivision works certification.

Heavy earthworks equipment has been delivered to the site over the past three weeks as well as large infrastructure pipes, in readiness for this certificate to be issued from council.

In addition to the wanton habitat and species destruction, the sedimentation and pollution from the site during construction raises other serious concerns given the site sits on either side of the steep gullied Page’s Creek and comprises sandy soils which run directly into the Merimbula Back Lake.

In fact, the developer has already been investigated by the Council and was subsequently fined for allowing pollution from earlier stages of the Mirador development to run through the same watercourse and into the Back Lake at Merimbula.

Some of the media we’ve been getting:

https://www.abc.net.au/news/2022-07-07/mirador-zombie-housing-project-tura-beach-star-hair-/101213406

https://www.merimbulanewsweekly.com.au/story/7809290/concern-over-miradors-stage-13-sleeping-development

What we will do with the funds raised

In response to this inaction and stonewalling by the Council, we are preparing to pursue legal action, which we hope can save the forest and the animals and plants that live in it. To do this, we need your help.

While our amazing lawyers have already started work on the project, if we have no alternative than to proceed with legal action we expect we will incur significant ancillary costs. These include:

Any remaining funds raised which are leftover, we openly commit to donating to other groups challenging their own Zombie DA’s, or challenging development in NSW that encroaches on, or obliterates biodiverse environments, threatened or endangered species.

Read and sign our petition to NSW State Parliament!

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