Risky action on s149 certificates

Gosford Council's short-sighted decision to remove the notification about potential sea level rise from the Section 149 certificates is legally very risky.

It is also a weak capitulation to the lobbying by a group of people who support the views of climate change deniers such as Robert Carter, a retired geology professor.

Council's original policy on sea level rise was adopted in December 2009 and included seven recommendations.

The notification of affected properties on s.149 (5) certificates is the only one of the seven recommendations that has been overturned by the Council's decision.

The other six recommendations are still being implemented and the information about the properties potentially affected by sea level rise is shown on the comprehensive maps on Council's web site.

This information is based on the NSW Government's Sea Level Rise Policy Statement of October 2009, which was based on the best available scientific and specialist information.

The NSW Government's Sea Level Rise Policy has not been revoked by the O'Farrell Government.

The Environmental Planning and Assessment Act requires that Council includes on the s.149 (5) certificates any matters that may affect a property for which the certificate is issued.

How can the Council omit from a certificate, information about potential impacts of sea level rise when that information appears on the Council web site?

How many property purchasers will buy properties that are shown on Council's sea level rise maps and could potentially sue Council for negligence if they have been given a dodgy s.149 certificate?

The current Council has already lost millions of dollars on dodgy investments, now they have exposed a future Council to significant legal and financial risks.

In addition, the decision was only supported by four councillors and only got approval at the council meeting because four councillors were absent from the meeting.

Online submission, 18 Jul 2012

Michael Murray, Booker Bay