THE release of an explosive ABC Four Corners report last week, highlighting the potential development of beachside land in Hawks Nest, has sent shockwaves through the Myall Coast.

The program alleged links between the development of the site and corrupt former Labor Minister Eddie Obeid and his family.

The program also explored the involvement of former Karuah Local Aboriginal Land Council
(KLALC) CEO and current MidCoast Councillor Len Roberts in the original sale of the land and its subsequent rezoning.

Mr Roberts described the Four Corners report as “deceptive journalism”.

“This story was about the Obeids, it wasn’t about Len Roberts,” he said.

The alleged plans for the site, as featured on Four Corners, reportedly obtained from an email from Gerard Obeid and Jason Irvine, show the scale of the planned development, a complex of four-storey apartment blocks and luxury villas close to the beach.

While no formal Development Application has been lodged for the site, locals were quick to express their dismay at the alleged plans.

Featured on the Four Corners report was Kathy Poldmaa, an administrator of the Hawks Nest Development Facebook group, which keeps locals abreast of planned development within the community.

“I started the Facebook group to make people aware of what is going on locally in terms of developments and to make people’s lives easier to lodge their submissions and what not, because the Council submissions website is a nightmare,” Kathy said.

“We are fighting the good fight here, I am not about having oversized developments in our beautiful town,” said Kathy.
“I am here to help the community with that sort of stuff.

“We have an aged community and now all these other developments are coming up, like this one on Four Corners which has knocked everyone’s socks off.

“It has opened everyone’s eyes to what is going on in our community.”

Len Roberts, in his role as CEO of the Karuah Local Aboriginal Land Council, managed the sale of two blocks of land to the developers in question for $1.5 million in 2016.

The Four Corners report alleged that one of the buyers was Mervin Ibrahim, a business associate of the Obeid family.

Kathy Poldmaa said the community held grave concerns over the sale of the land.

“I think the community is really concerned about how the land was handled to start off,” Kathy said.

“If that had been up for sale, I would have bought it, it was so bloody cheap.

“I think that’s where people are furious,” she said.

Mr Roberts has defended his actions, arguing that the selling of land was essential given the Land Council’s poor financial situation at the time.

“When I took over just before then as the CEO of the Land Council, the Land Council was absolutely broke and was told that unless they had a CEO they were going to be wound up.

“I was there for three years, and I volunteered my time throughout.

“One of the things I was charged to do, was to start selling land to get the land council out of its financial trouble.

“We saw there was going to be an opportunity to sell the land, they were extremely interested, we then had to trigger and follow the procedures of the Land Rights Act.”

Mr Roberts said the land was sold above market value.

“The valuations came in at $750,000 and we sold it for $1.5 million.”

Mr Roberts said he had the full support of the Land Council to move forward with the sale at the time.
“People knew about it.

“We sent out a letter to every member to tell them about the meeting,” said Mr Roberts.

The NSW Aboriginal Land Council stated last week that the sale of the land complied with the Land Rights Act.

“The decision to sell the land was taken by KLALC members at a meeting held in December 2016.

“The potential sale of land was also discussed at a member’s meeting, immediately prior to the meeting at which it was approved.

“The Aboriginal Land Rights Act 1983 (ALRA) stipulates very strict rules for how Aboriginal Land Councils can deal with their land, including disposals, which requires members special approval, which is a higher approval threshold than other member decisions.

“According to the New South Wales Aboriginal Land Council (NSWALC) records, the KLALC members decision to sell the land complied with the Land Rights Act.”

NSWALC then approved the sale on the basis that it was consistent with the requirements of the Land Rights Act and was for not less than the market value of the land.

“NSWALC has no reason to doubt the accuracy of the valuation provided at the time.”

The Sanderling Avenue land was effectively rezoned at MidCoast Council’s April 28 2021 meeting, changing the land’s zoning from RE1 Public Recreation to R3 Medium Density Residential.

MidCoast Council said the planning proposal approved in April 2021 sought to:
● amend the current zoning from RE1 – Public Recreation to R3 – Medium Density Residential;
● impose a maximum floor space ratio of 1:1;
● amend the height of buildings from 8.5m to 12m;
● impose a minimum dwelling density of 30 dwellings/ha; and
● impose a minimum lot size of 1Ha.

“With the exception of the 1ha minimum lot size, these are the standard development controls for the R3 – Medium Density zone in the Great Lakes Local Environment Plan 2014 and are consistent with the neighbouring golf course land.

“The 1ha minimum lot size is proposed to prevent subdivision of the land.

“This will have the effect of ensuring that the land is developed at the one time to facilitate integration of this site into the adjoining golf course.

“A Planning Proposal must be considered by Council in accordance with the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.

“This obligation applies regardless of the landowner.”

Council said the planning proposal was also required to meet all obligations in relation to Council’s Planning Proposals and Development Control Plan Applications Policy.

Reports in relation to the proposal meeting these obligations were presented to the elected body of Council at public meetings on the following dates:
● 27 February 2019 Ordinary Meeting
● 26 August 2020 Ordinary Meeting
● 28 April 2021 Ordinary Meeting
● 22 September 2021 Ordinary Meeting

Consultation with the community on the Planning Proposal took place between 16 November 2020 and 5 February 2021.

The feedback from this exhibition period was reported to the elected Council at the 28 April 2021 meeting.

At this meeting the Council resolved to adopt the planning proposal and effectively rezone the land.

The planning proposal has not yet been formalised as Council is still awaiting the NSW Department of Planning, Industry and Environment to finalise a technical review of the maps associated with the rezoning.

This is likely to be provided by the end of this year.

Mr Roberts voted for the rezoning on two occasions, however abstained from the vote on April 28 after receiving criticism that he had a conflict of interest.

Mr Roberts said that while he did not believe he had a conflict to declare, he sat out of the vote in the interests of integrity.

“In order to have a conflict of interest I have to be somehow associated with the people.

“The owner of the land, I had only ever met once prior to the finalization of the sale.

“I don’t have a conflict of interest.

“To have a conflict of interest I would have to have made one cent out of it or lose one cent.”

Ian Morphett, Secretary of the Myall Koala and Environmental Group, is one of many locals fearful the proposed development could set a precedent for development in the area.

“Our main concern is that this is the beginning of the end for North Hawks Nest.

“And if the one further north along the beachfront also gets sold by the Land Council to developers, then we will have a coastal strip of high-rise developments right along the unspoilt beach.

“We have major concerns about the potential height and scale of this proposed development right on the foredunes on the beach.

“It would be terrible and ruin the entire aspect of the beach.”

Mr Morphett also expressed concerns about the impact of development in the area on koala populations.

“That will ultimately impact on koala movement because koalas really need wildlife corridors to move between multiple locations for genetic diversity.”

MidCoast Councillor Peter Epov voted against the rezoning of the 1.5 hectares of beachside land and the voluntary planning agreement.

He stated, “I have been concerned about development in the Hawks Nest area for a number of years.

“The Voluntary Planning Agreement processes appear to have been questionable in terms of accurately reflecting community sentiment.

“The meagre contribution of $127,000 from the proponent for community projects, appears to be inconsistent with the impact of a potential multi hundred-million-dollar development.”

Mr Epov said development across the MidCoast LGA needs to be “thoughtful, balanced, sustainable, and transparent”.

Sandra Bourke, a Tea Gardens/Hawks Nest local running on Mr Epov’s ticket in the upcoming local government election said, “This sale to Merwin Ibrahim and associates raises serious questions about the conduct of Len Roberts as a current Councillor, as the former CEO of the Karuah Aboriginal Land Council, and as the author of the Preliminary Cultural Heritage Assessment dated 2 July 2018, that subsequently informed the Council’s re-zoning of the land from RE1- Public Recreation, to R3- Medium Density Residential on 28 April 2021.

“I understand that councillors and candidates are required to, at law, declare all close associations and conflicts of interest with respect to property development.

“This is not what appears to be happening in our LGA.”

Ms Bourke’s concerns are addressed in statements (above) from Mr Roberts and the NSW Aboriginal Land Council.

Gordon Grainger of the Tea Gardens Hawks Nest Progress Association also appeared on the Four Corners program.

Mr Grainger said he and others filmed for the program, agreed to participate under false pretences.

“There is a huge amount of controversy over the recent Four Corners program regarding the land development at Hawks Nest and has laid an image of impropriety on Councillor Roberts.

“The program was purportedly to show the effect of Covid escapees from the cities to small retirement villages such as ours – my presence was to represent happy retirees who have settled here.

“That was not shown!

“The actual reason for the program was not revealed to me, nor the others.

“The inference that this development was supported by the Progress Association was totally incorrect.”

A petition to stop any development on the beachfront land was launched last week and has already amassed more than 10,000 signatures.

For more information visit https://www.change.org/p/eddie-obeid-stop-development-of-pristine-hawks-nest-coastline.

 

By Doug CONNOR