ABORIGINAL EMBASSY TO APPEAL STOCKLAND COURT DECISION

The Sandon Point Aboriginal Tent Embassy (SPATE) is set to appeal Monday’s Land and Environment Court dismissal challenging the proposed Stockland 181-lot residential super development at Sandon Point, Thirroul, NSW.

In reaching her decision the night before she was appointed Premier, Ms Kenneally approved the controversial Stockland “McCauleys Beach” development against the advice of a number of departments and the SES concerns that in the event of extreme flooding they would be unable to safely evacuate the residents.

Roy Dootch Kennedy, on behalf of SPATE, sought to invalidate the Minister’s approval to Stockland for the residential development.

A heated dispute between Aboriginal Traditional Owners, the NSW government and developer Stockland has now broken out following the ruling yesterday.

Aboriginal Traditional Owners accused the government and Stockland of being complicit in deliberately and completely destroying all evidence of cultural significance of the site.

The developer refused to consult the Aboriginal Community about the development although it was a particular requirement in the preparation of the Sandon Point Environmental Assessment Report.

The ramifications of the ruling gives an open door under Part 3A of the Act for developers to virtually ignore or get around any requirements mandated by the Planning Director in the preparation of environment assessments for major projects.

Dootch Kennedy said: “We don’t accept that Stockland can get away with not consulting with the Aboriginal community.

“It is not on, this place is a very sacred site for Aboriginal People and those Traditional Owners and those Elders held in regard by our people were not consulted as was required. I am having this decision appealed even to the High Court if necessary.”

Al Oshlack of the Indigenous Justice Advocacy Network, who represented Mr Kennedy in the court said: “I have received instructions and am finalising the draft of the Appeal paper for Dootch to sign."

For more information contact:

Dootch Kennedy (SPATE) 0434 366 374

Al Oshlack (IJAN) 0415 140 410

Karen Gough (SPATE) 0434 550 181