I am delighted to report on the activities of HPG since last our last AGM in 2020. (having delayed the 2021 AGM due to Covid)
Even with the spread of Covid-19 and consequent lockdowns in 2021 and many suffering from the virus in 2021/2022, there has been no respite for those on the HPG Committee working on your behalf to ensure that the community voice is heard and to stay true to our vision: That Sydney Harbour Trust lands of natural, cultural and heritage values be conserved, protected and interpreted in perpetuity for the benefit of all Australians.
We have attempted to keep in touch regarding our activities by email and on our website.
I take this opportunity to share with you HPG activities since our last AGM on 4 December 2020.
HPG's Activities and Advocacy since 2020
The most important activity undertaken by HPG since our last meeting has been our response to the Independent Review of the Sydney Harbour Trust in 2019.
Independent Review of the Sydney Harbour Trust
As a result of financial constraints experienced by the Harbour Trust in completing the task entrusted to it in managing and rehabilitating Harbour Trust lands, the Minister for the Environment, Sussan Ley, announced an Independent Review of the Sydney Harbour Federation Trust (the Review) in October 2019.
The Review was a detailed analysis of the following:
The Harbour Trust's governance and funding arrangements were sufficient to deliver its legislated objects into the future and,
To explore options for the future of the Harbour Trust and the management of its sites.
Although the public was invited to make submissions to the Review, HPG was concerned that the consultation failed to reach the wider community. HPG made representations to the Minister, politicians and the press to ensure that the wider community was consulted. As a result, after a 13,000 letter box drop by HPG to the local community, a special forum was convened at the Masonic Centre in February 2020, attended by 360 members of the public. The community embraced this opportunity to make their views known.
HPG had two major concerns:
That the Harbour Trust lands remain under Commonwealth ownership under the management of the Harbour Trust as an ongoing entity.
That leases be capped at 35 years and leases between 25 and 35 years be subject to detailed controls, including public consultation.
The reviewers published their findings on 18 June 2020, and whilst HPG was supportive of many of the findings of the Review, there were some that HPG strongly opposed.
HPG supported the Review finding that Harbour Trust sites should remain with the Commonwealth BUT opposed the Review recommendation that long-term leases should be possible.
HPG supported Harbour Trust lands remaining under Commonwealth ownership.
HPG was very concerned at the very real potential that the Harbour Trust lands would be transferred to the NSW Government, which body considered it had a better coordinated approach to managing land around the Harbour.
HPG lobbied extensively for the Harbour Trust lands to remain in Commonwealth ownership. HPG believed that:
the Commonwealth was the most experienced and equipped to manage the sites; and
Commonwealth legislation governing Trust lands provided strong heritage and environmental protections.
There was also uncertainty about how the sites would be funded and managed if transferred to NSW, including the potential for large-scale commercial development of the sites.
Significant opposition to the proposal to transfer Trust lands to NSW was also evident at all the public consultations held and particularly at the large consultation held at the Masonic Centre. The voice of the community was loud and clear. These concerns were heard by Minister Ley, other politicians in attendance and the Reviewers.
The Reviewers subsequently recommended that the Trust Lands remain under Commonwealth ownership.
Commercial leases be capped at 35 years
HPG's other concern was that there should be no long term commercial leasing.
HPG recognised the tension in the management of Trust lands between appropriate commercial activity and protecting the intrinsic values of the land. To ensure the correct balance to protect the priceless natural environmental, cultural and heritage values, HPG advocated that checks and balances must be in place.
Perhaps HPG's greatest achievement has been advocating for the protection of Trust lands by successfully lobbying for the restriction on commercial leases to a maximum of 35 years. This is a protection against:
the inappropriate commercial development of Trust lands AND
also ensuring that the Trust does not lose control of its lands.
The Reviewers recommended however that in certain circumstances' leases of 35 years or longer should remain possible' (Recommendation 13 of the Review). Meaning that leases could be granted subject to certain controls for potentially up to 99 years. It is generally acknowledged that leases for 99 years are equivalent to the sale of land.
HPG was concerned that not only did the proposed provisions for long-term leasing fail to provide adequate transparency and checks and balances, but they would also likely facilitate the alienation of public land for long periods of time for private purposes.
With the assistance of retired barrister Phil Jenkyn, (long-term supporter of HPG since 1996, founder of Defenders of Sydney Harbour, advocate for protection of Sydney Harbour foreshore lands and advocate for the establishment of SHFT) and Peter Barnes (highly credentialed specialist property adviser), HPG played an integral role in drafting the leasing provisions contained in the Sydney Harbour Federation Trust Amendment Act 2021 (Amendment Act). HPG engaged with Minister Ley, politicians across the political spectrum and other advisers to ensure that leases were capped at 35 years and that leases of a term between 25 and 35 years were subject to community consultation and ministerial and parliamentary controls.
After extensive lobbying by HPG, it was a great relief that THE LEASING PROPOSAL RECEIVED BI-PARTISAN SUPPORT AND WAS INCORPORATED INTO THE AMENDMENT ACT.
Sydney Harbour Federation Trust Amendment Act 2021
The Amendment Act received support across party lines and was assented to on 23 June 2021. HPG welcomed the inclusion of the two critical provisions in the Amendment Act:
That the Harbour Trust lands remain under Commonwealth ownership under the management of the Harbour Trust as an ongoing entity.
That leases be capped at 35 years and leases between 25 and 35 years be subject to detailed controls.
The latter provision capping lease terms was a major achievement as it went against the Review's recommendation.
12 politicians spoke in support of the Amendment Act – no politician spoke against it. It was wonderful to see such bipartisan support and to hear how important these lands are to all Australians.
Of the 12 politicians who spoke in support of the Amendment Act seven specifically referenced and thanked the contribution that HPG made towards the drafting of the legislation and they were:
Hon Anthony Albanese MP (Leader of the Opposition - now Prime Minister )
Hon Josh Wilson MP (Member for Fremantle)
Hon Trent Zimmerman MP (Member for North Shore )
Hon Sussan Ley MP (Minister for the Environment )
Hon Zali Steggall MP (Member for Warringah )
Senator Mahreen Faruqui.
Senator Andrew Bragg
And we thank them for their generous comments.
The Reviewers also addressed the issue of community consultation.
Other Review Recommendations
Community Consultation
HPG as a representative of the community, has always been concerned that the community's voice is heard
The community, particularly HPG, played a driving role in establishing the Harbour Trust. As a result, the community has a sense of stewardship over Trust sites.
The message to the Reviewers was that community members wanted greater involvement in the future planning of the Harbour Trust. Hence the Reviewers recommended that the Harbour Trust strengthen its partnership with the community.
This message was further strengthened by the former Liberal Minister for the Environment, the Hon Sussan Ley MP, who in her STATEMENT OF EXPECTATIONS TO THE TRUST DATED MARCH 2022, stated 'the Harbour Trust should consult closely with the community to identify needs, opportunities and mechanisms to improve community engagement'. HPG looks forward to receiving similar assurances from the new Minister for the Environment, the Hon Tania Plibersek MP.
There are two aspects of community engagement that are important:
Stakeholder Engagement Strategy, and
Community Advisory Committee (CAC).
In response to the Review recommendation that community consultation be strengthened, the Harbour Trust has developed a Draft Stakeholder Engagement Strategy and Governance Framework
Stakeholder Engagement Strategy and Governance Framework
The Draft Stakeholder Strategy suggests increasing and broadening the range of stakeholders with whom the Harbour Trust consults to include, for example, Government bodies, users with specific interests and needs, commercial partners, authorities and advocates.
HPG agrees that the Trust should 'consult widely and act transparently' as it informs decisions and generates ideas. HOWEVER it must be acknowledged that many of these 'advisory groups', may also have a vested and/or conflicted interest in the outcome of their advice. It is important that there is a mechanism for realising and assessing this conflict.
HPG believes that it is wrong to ascribe to these 'advisory' groups stakeholder status equal to the community who use the lands for recreation and enjoyment for no personal gain. After all, John Howards gifted these lands to the people of Australia, ie. the community. It is the community that is the primary beneficiary of these lands.
It is often the local community, with its intimate knowledge of the lands, that recognises and understands the very important values of Harbour Trust lands which must be protected. It is of the utmost importance that the local community has a seat at the table. ( Maybe HPG ! )
As Josh Wilson MP said in his speech to the House of Representatives on the passing of the Amendment Bill, "It is local people who make the case for protecting the things we will share. That has been the case with these sites in Sydney Harbour, and I want particularly to thank community organisations like the Headland Preservation Group for their unstinting work."
Community Advisory Committee
The Trust Act provides that the Trust must establish a Community Advisory Committee (CAC).
The CAC :
Provides advice and recommendations to the Harbour Trust.
Is an important conduit between the Trust and the community.
Provides an opportunity for the community to engage directly with the Harbour Trust.
Julie Goodsir (Vice President, HPG) and I, as members of the CAC, have represented the community at discussions, workshops and forums and made numerous submissions on draft plans, concepts and policies. It is proposed that the CAC be reconstituted with a broader membership, representation from Greater Sydney, and broader skills and diversity.
HPG supports such a proposal provided that CAC members are well acquainted with the knowledge of Trust sites and the legal parameters within which decision-making is made.
Julie and I have been delighted to represent not only HPG but the wider community on the CAC and we have taken our role very seriously. Our term has now concluded, and it is uncertain as to whether there will be an opportunity to apply for reappointment, putting in question our ability to continue to represent you at the Harbour Trust.
(e) Memorandum of Understanding (MoU)
The Review also recommended a 'Whole of Harbour' approach to the management of harbour foreshore lands and recommended a strengthening of the relationship between NSW Government and the Harbour Trust.
To facilitate collaboration and joint planning (for example, in the areas of transport, tourism infrastructure etc.), it recommended a partnership between Commonwealth, Harbour Trust and the New South Wales Government formalised through a Memorandum of Understanding (MoU).
We are now two years on since the Review, and HPG has been unable to ascertain the key terms of the MoU or in fact whether the MoU exists at all or whether any partnerships have been entered into with NSW government entities to date. The terms of any proposed MoU has implications for the future management of all Harbour Trust lands, they should be transparent and made available for public scrutiny.
With the 'Whole of Harbour' approach to the management of Harbour Trust lands, HPG must be engaged in the development and planning proposals for other Harbour Trust sites and in particular North Head Sanctuary and Cockatoo Island. In respect of these two sites, HPG has participated in many planning consultations and workshops and made submissions to inform Concept Plans and, ultimately Master Plans for these sites.
North Head Sanctuary is particularly vulnerable. Land occupied by the Harbour Trust at North Head Sanctuary is owned by the NSW Government. Details of the Harbour Trust's occupancy are set out in a Deed of Agreement due to expire in 2032.
The Harbour Trust must come to an agreement with the NSW Government regarding an extension of its occupancy – otherwise, there is the risk of the lands being returned to the NSW Government.
HPG understands that to date, negotiations between the Commonwealth and NSW Governments and the Harbour Trust regarding a proposed extension of tenure have not been finalised.
HPG will update members on developments regarding this matter and the MoU as and when they become available.
HPG's Current Focus
10 Terminal
Since 2014 HPG's main focus has been 10 Terminal!
For those who have been to visit Middle Head recently, you may wonder what is going on at 10 Terminal. This building, which had fallen into a state of serious neglect and disrepair over the past 20 years, is now getting some love and attention. Recent remediation works have been undertaken on the exterior of the building and it is now standing proud.
Apart from the important Indigenous and colonial and military history attached to the Middle Head precinct, the 10 Terminal building located in the Middle Head precinct is a building of major military significance.
The personnel stationed at 10 Terminal played an important part in WWI, WWII and the Vietnam War, supporting the Defence forces in education, engineering, communications, transport and intelligence to name a few. The military importance of this building is unquestionable.
Since 2014 HPG has advocated that 10 Terminal should be adaptively re-used to incorporate a world-class interpretation centre, where the interwoven and layered stories of Indigenous occupation, cultural, colonial and military heritage can be shared. HPG envisages that the interpretation centre would also be supported by other complementary public-facing uses such as gallery and exhibition space, conference meeting rooms, artists in residence, visitors centre, hospitality, education, and veterans' well-being.
Not only would this promote domestic and international tourism but nowhere else can the layers of early Australian history be told so well.
In February 2020, the Harbour Trust commenced community consultation on the vision for the adaptive reuse of 10 Terminal and surrounding parkland. Under renowned architect Michael Pender's direction, the 10 Terminal and Parklands Renewal – Project Direction was developed. You may have been present for Michael's presentation on 10 Terminal at our last AGM in December 2020.
Julie Goodsir and I represent HPG on the 10 Terminal Focus Group to inform the project direction. The project has been delayed for 18 months due to the impact of Covid -19 and the need to ensure appropriate and adequate consultation of First Nations people.
More recently, First Nations organisation, Yerrabingin and Heritage architect Joe Agius from Cox Architecture have joined the project. On 26 August 2022, a workshop was held to further the Project Direction with a view to the preparation of a Draft Concept Plan for the precinct. Further meetings, consultations and workshops will be held this year to develop the Plan further. HPG will keep you informed of the progress of the project and the opportunity for you to 'have your say.' Once the Concept Design has been finalised, funding will be sought for the project.
This is an exciting project and HPG is delighted to be part of the process.
I want to share with you the words of Zali Steggall – our local Federal member as she spoke about 10 Terminal.
"As a member of the Community Advisory Committee to the Harbour Trust, I will continue to monitor the progress of these works and be your voice as future decisions are made. Again, I'd like to thank the work of the Headland Preservation Group in particular for their ongoing efforts in ensuring this and other sites around our precious foreshore are protected for future generations."
Future Projects for HPG
There is always much work to be done and in 2022-23 HPG aims to:
Promote our long-held vision for 10 Terminal on Middle Head as a vibrant community precinct with a world-class interpretation and visitors' centre.
Press for answers on the MoU between the Harbour Trust, Commonwealth and NSW Governments
Advocate for the conservation, protection and interpretation of all Harbour Trust sites.
Continue to advocate for the government funding that Trust lands need to preserve and tell their history.
Develop and promote environmental education programs begun by HPG in 2017.
Assist with Veterans' welfare and important mental health initiatives on Middle Head.
Capture the voices and stories of those with a connection to the lands.
HPG's 25th Anniversary Celebrations
2021 marked the 25th Anniversary of HPG. Due to the impact of Covid-19, celebrations were postponed. We will celebrate our many achievements at the 25th Anniversary Fundraising Dinner on 8 November 2022.
Felicity Wilson MP acknowledges HPG's 25 years of service to the community
HPG thanks Ms Wilson for her recognition of HPG's 25 years of service to the community in a speech to NSW Parliament on 10 May 2022. Ms Wilson said, "Congratulations to the HPG on turning 25. I look forward to celebrating with you. Thank you to Jill and Julie, and the entire HPG team, both past and present, for all the amazing work you do to protect this stunning stretch of land."
HPG Committee
I wish to acknowledge the hard work and dedication of the HPG committee over the last 2 years and beyond. These members work tirelessly to defend the Trust's original vision and core values as set out in the Trust Act and supporting plans. They work to ensure the protection of the iconic Harbour Trust lands for your benefit and the benefit of future generations of Australians.
The committee brings a wealth of skills from legal, property, education, engineering and project management, the arts, environment, communications, publishing and financial services.
I want to acknowledge that two committee members have retired this year, Barry Woods and Sandy Godfrey. Both Barry and Sandy have made an enormous contribution to HPG and we are most grateful for their expertise, willingness, selflessness and hours of dedication ensuring that the vision and functions of the Trust are not compromised.
Vale
With great sadness, I report the loss of two great HPG supporters, Rob Bagnall and Brian Wilder.
Rob Bagnall OAM – Rob will be remembered as playing a key role in preserving some of Australia's most significant heritage public land on Sydney Harbour. He worked tirelessly as a Committee Member of HPG in the protracted but ultimately successful campaign against an aged-care home development on Middle Head. Rob's legal background, combined with his tenacity, communication skills and sense of fairness, was invaluable in helping HPG contend with the legal issues it has faced in defending Harbour Trust lands over the years.
Brian Wilder – Brian was an active member of HPG during the original community campaign in the late 1990s to save what are now Sydney Harbour Federation Trust public parklands and heritage sites. Brian, a long-time committee member, was President of HPG in 2007. He continued his passionate involvement in protecting Trust lands from the recurring threats of insufficient funding and unsolicited proposals for private ventures and exclusive uses.
These two men, Rob and Brian, were selfless in their contributions to the community and they are greatly missed.
Conclusion
HPG will continue to advocate on your behalf for protecting the unique values of Harbour Trust lands and will keep you informed about issues that may impact these values in the future. In doing so, we desire to work with the Harbour Trust respectfully and constructively.
Jill L’Estrange
President