Although the Trust is not bound by NSW law according to the Trust Act, nevertheless the new rural fire service clearing laws raise many concerns and alarm bells and unanswered questions.
HPG members Julie Goodsir and Linda Bergin were interviewed for TV and Radio, see links below.
We have not sought legal advice, however we have read the new Acts and the Code. This is our assessment:
There is a new state law which allows clearing of trees and shrubs with no approvals (self assessment) in large areas of NSW and especially Mosman.
Under the new 10/50 clearing laws, the proposed aged care home, if built, would trigger a clearing right of 10 metres for trees and 50 metres for shrubs.
This is because it is a residential facility and is located (along with the whole of Middle Head) in an “entitlement area”.
The 50 metre zone extends well into the adjacent Sydney Harbour National Park “bushland”, which is state land.
This bushland contains an endangered ecological community, littoral rainforest.
We could not find a proper “map” of the “entitlement area”.
Only the ability to enter a street address and get a yes-no answer, so we pieced it together.
The new law has amended both the state Rural Fire Service Act and the state National Parks and Wildlife Act.
The new law appears to override protection of threatened species, endangered populations, and endangered ecological communities under the NPW Act.
Trust land will eventually be transferred to NSW into the Sydney Harbour National Park and would then be subject to state law.
Media coverage
Linda Bergin, HPG President, on 702 ABC radio Linda Mottram, Monday 25 August 2014:
Julie Goodsir, HPG Vice President on Channel 7 News, Sunday 24 August 2014: