Inadequate Council work caused creek delay

Regarding council agenda item EP 030 on North Pearl Estate, Gosford Council should be aware that it is the inadequate and incomplete environmental assessment work carried out by its own officers and consultants that has delayed the work to the creek.

The NPWS and Environment Australia have merely drawn council's attention to the need to carry out complete assessments as specified by the relevant laws and regulations, something which should have been done over a year ago.

Environment Australia (EA) made a decision on April 28 that the removal of the trees was a controlled action under the federal Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and that the works required further assessment.

It seems that council officers have only recently submitted the additional information required by them to enable a determination of the appropriate method of further assessment.

Why has it taken three months for council officers to submit this further information to the department?

On July 31 EA made a formal decision under the EPBC Act that the assessment should occur by preliminary documentation.

When does council propose to supply this documentation to EA and to release this for public comment as required under the Act?

Why have council officers not taken action that would mitigate flooding and that is not subject to further assessments, for example removal of illegal fill identified by council as needing removal several years ago?

Why have council officers not undertaken work which will speed up the process of approval of proposed works?

One of the matters that will enable some removal of trees with EA approval is the compensatory planting of the same species higher on the creek banks and in nearby locations.

Given that council has propagated these trees in its nursery and allocated funds to maintenance works, why are these trees not being planted now to ensure their survival before the summer season arrives?

Perhaps council officers would prefer to wait for the hottest time of the year to ensure minimal survival and maximum expenditure to water and replace dead trees?

Or is it just lack of forward thinking and stupidity?

Regarding the recommendations, it is not appropriate for council to "negotiate" with the state and federal government departments. There is a formal assessment process under the EPBC Act which must be followed.

Council officers should expedite this process by providing a proposal to Environment Australia and NPWS which adequately ensures a sustainable outcome in both biodiversity and flooding terms.

In the meantime, council should immediately remove illegal fill and non-native trees (actions previously approved by Council but not acted on) and other rubbish along the creek which exacerbate flood potential.

Bryan Ellis, August 6