Killalea Protest

The natural beauty of Killalea State Park is at risk of development and has created a lot of controversy in the Illawarra area since the announcement by NSW Lands Minister, Tony Kelly of his intention to grant a 52 year lease to a newly registered company, Killalea Coastal Investments Pty Ltd.

Talk of the proposed plans have been in the Illawarra Mercury on nearly a daily basis expressing the public’s outrage. The controversy even hit the front page of the Sydney Morning Herald.

A very interesting two page article in the Illawarra Mercury on Saturday 14 May 2007 by Sarah Alley (with a huge photo of the area) has an opening statement of: "How much is this Illawarra gem worth? Killalea State Park attracts accolades all round. The jewel of the Illawarra's crown, unrivalled surf at untouched beaches, a unique sanctuary which feels a million miles away - yet only a few miles from town." Another paragraph of the article: "The Government's website says it all: 'About an hour and a half's drive from Sydney, Killalea is 250ha of pristine coastal reserve sited on 8km of coastline with one of the best surf beaches on the South Coast of NSW.' This natural setting features small areas of rainforest among open rangeland and wetlands."

Killalea State Park forms part of the land on which our ancestors Edward & Maria Killalea and their 12 children farmed back in the mid 1800's.

For years Killalea Beach and the surrounding land has been known by the locals as The Farm and is a popular haunt of many surfers. . Surfrider Foundation Australia have put together a great story, “The Killalea Debate so far … or, How they’re selling off the Farm”, complete with photographs of their favourite spot.

There is little doubt it is not only members of the Killalea family that would like to see this land remain untouched and in its natural state for future generations to enjoy.

By mid May 2007 community groups were forming to oppose the development of Killalea State Park. Known as “Killalea Overdevelopment and Beyond” the following media release was issued advertising a public meeting.

A coalition of community groups will be undertaking a public meeting outside the education centre at Killalea State Park on 19 May 2007 at 10:30am to oppose proposals to grab multiple sections of the parks public open space and hand it over to a private developer for a major tourism accommodation development.

The protest meeting will be known as ‘Killalea Overdevelopment and Beyond’ since Killalea is just one of many major developments destroying natures own tourism drawcard within our region. This includes a proposed 300 million dollar major development at nearby South Shellharbour beach which already includes tourist hotel accommodation and will promote the destruction of wetlands for a Marina.

Speakers will include State Upper house Greens parliamentarian Sylvia Hale, Howard Jones the Deputy Mayor of Kiama Council, Dave Burgess (pictured) from the Total Environment Centre, Ben van der Wijngaart from Kiama Greens (pictured), Ben Grounds from Healthy Cities Illawarra, Mairi Petersen from SPACE, June Pronk from IEC, Rowan Huxtable from W-CAN, Danielle Ollied, Stephen Henry, and Peter Moran, with Sonya McKay as MC (pictured).

Hopefully the extent of this list, and placards on the day, will show the government the extent of unease within the community regarding the Killalea and other proposed over-developments in the region.

Community members and groups will also present their experience of other major developments of concern throughout the Illawarra which had similar processes that are expected to take place for Killalea.

The Killalea Trust appears to have sought out expressions of interest in 2003 for what looks to be a major tourism development that will change the face and nature of a public park.

Last week the Minister for Lands, Tony Kelly, expected it was more likely that the development be referred to the department of planning. This would be indicative of a major development of state significance.

The Trust has already sought out and chosen a developer and concept plan without genuine community input and in the face of confidentiality agreements signed by Kiama/Shellharbour council representatives on its committee. There is no guarantee that genuine public participation will occur particularly when an agreement has already been signed to provide a 52 year lease to a private developer on formal approval of a concept plan.

Concept plans could include motel type units, two or three swimming pools and restaurants and a range of from 80 to 120 villas, as well as car parks and other amenities.

The growing list of groups opposed to any land from the Killalea State Park being effectively privatised for development include ICEC, TEC, Healthy Cities Illawarra, SPACE, IEC, W-CAN, Illawarra and Kiama Greens.

A coalition of community groups held their first public protest meeting at Killalea State Park on Saturday 19 May 2007. There was a good response with around 200 people attending to oppose any development at Killalea, which saw protesters angered by the proposed size and scope of the development and the secrecy surrounding the approval of the 52-year lease.

Over 170 signatures were collected that day on a parliamentary petition to save Killalea State Park which objects to “multiple parts of Killalea State Park being leased to private interests for 52 years to undertake a major accommodation development in a public park”.

The up to 200 strong and vocal gathering clearly indicated that they were opposed to ‘any’ development at Killalea.

Howard Jones (Deputy Mayor of Kiama Council) spoke of the frustration over the Killalea State Park Trust confidentiality agreements and how it affects transparency regarding development plans with council.

Sylvia Hale (State upper house Greens parliamentarian) stated that she had already formally requested that the Minister for Lands release information on the 52 year lease to the public.

The meeting saw a mixture of community members and groups unite and speak not only of Killalea but also their experience with different environmental issues in the Illawarra.

It is inconceivable that governments are continuing to allow the quarry to increase its environmental damage and visible scar on the park’s beach (the Farm) and its surrounds. These and other major developments beyond Killalea, including the proposed Marina and Foreshore development which will be visible from the park, are intrinsically linked.

It is a concern that governments are focused on major development of the area instead of saving the environment for future generations, particularly in an atmosphere of climate change.

A Mobile Enviro-Resource Centre (MERC) caravan was at the site again on Saturday 26 May 2007 between 1:00pm and 3:00pm for people who would like to sign the parliamentary petition, offer support, or to gain more information on Killalea and its surrounds.

A copy of the petition will be presented to Parliament by Ms Hale in a formal effort to publicly advise the Minister for Lands and the Minister for Planning of the community’s objection.

Organisers are confident from Saturday’s response that the list of groups opposed to any land from the Killalea State Park being effectively privatised for development will continue to grow. Those groups include ICEC, TEC, Healthy Cities Illawarra, SPACE, IEC, W-CAN, Illawarra, Kiama and NSW Greens.

The most important issue on the day was that the Development Application would probably not be put out for public submissions.

This is because Part 3A of the Environmental and Assessment Act is likely to be employed. This means the power to decide if the development should proceed will be taken from Shellharbour City Council and given to the NSW Minister for Planning, Frank Sartor.

The public meeting held on Tuesday 29 May 2007 saw representatives from a number of trade unions, aboriginal elders, environmental groups, residents and members of the broader community resolve to oppose any proposals to privatise, commercialise or in any other way alienate land at Killalea State Park.

Urgent answers were demanded by the meeting, expressing outrage over the proposed Killalea development. Delegates from Save Killalea Alliance and the South Coast Labour Council have formally requested a meeting with State Government Ministers, whereby they will seek details of the current development process including the lease agreement, and the financial records of the Killalea State Trust since its inception – or risk industrial action to stop the plan.

Tourism Minister and Kiama MP Matt Brown told the Mercury “there are some things that need to be kept under wraps for some good reasons”.

Speculation is mounting as to “what needed to be kept under wraps” and “what were the good reasons”.

Such is the fury surrounding the secrecy of this proposed development, that on 31 May three Shellharbour Council members boycotted a confidential council meeting for fear of being gagged from criticising the proposed private tourism development.

Cr Briggs said he was told as it was a confidential briefing by the trust, anything disclosed could not be discussed outside, thereby not allowing him to express himself publicly.

Cr Rose said he wanted to keep himself free to speak out as he was opposed to the park being leased for development. He was also angry that the council had been kept in the dark until after the state election.

Cr Mifsud said he thought the proposed private development had been a sham, it’s a done deal.

The following day saw more surprises when it was revealed that global investment firm Babcock & Brown had snapped up a 50% share of the proposed development at Killalea State Park.

Billed as “The Farm Village”, further details of the proposal were revealed in the Illawarra Mercury 2 June 2007.

It was further revealed that Peter White is the announced consultant and days later that SJB are the announced architects.

It is interesting to note that Peter White assisted in the successful re-election campaign of Frank Sartor as Lord Mayor of Sydney some years ago.

Frank Sartor, NSW Planning Minister could ultimately be the one who “signs off” on this deal.

The Save Killalea Alliance provided almost 800 signatures opposing development at Killalea State Park to parliament and gave parliamentary presentations to support a motion to release documentation on the park on Tuesday 5 June 2007.

The efforts of people involved in the Save Killalea Alliance led to 799 signatures being presented to Sylvia Hale, Greens MLC, which was presented to parliament. The petition states that:

‘The undersigned petitioners ask the Legislative Council to convey our objection, to the Minister for Lands and the Minister for Planning, to multiple parts of Killalea State Park being leased to private interests for 52 years to undertake a major accommodation development in a public park.’

The delegation also provided presentations to the Greens, Christian Democrats and the Shooters Party in order to obtain support for Sylvia Hale’s (Greens MLC) motion to parliament regarding the release of documentation on the 52 year lease to private interests at State Killalea Park.

Unfortunately the Christian Democrats and Shooters Parties voted with the government to defeat the motion, after the former said they were advised that the documents could be sought through Shellharbour Council.

The Alliance had already pursued the documents said to be public from Shellharbour Council without success, and will be advising the Christian Democrats and Shooters Parties that Tony Kelly’s office has provided a written email indicating they didn’t advise this.

A further concern is the language being utilised by the government including the suggestion that a lease agreement has not been signed. An agreement has been signed to lease sections of State Killalea Park for 52 years which becomes active when the plans for the development are formally approved.

The community is quickly heeding the call to become active in order to convince the necessary decision making bodies not to approve development plans for Killalea State Park so the lease does not become active.

Members of the Save Killalea Alliance and unions met with Tony Kelly, MLC on Thursday 14 June at 11:30am in order to discuss planned development for the park.

The alliance will also continue to obtain signatures on the parliamentary petition in order to show opposition towards development at Killalea State Park.

Representatives from Save Killalea Alliance who provided presentations to members of the crossbench – the Greens, Christian Democrats and the Shooters Party - prior to the afternoon sitting of Parliament were:

View the transcript from Hansard which unfortunately saw the motion lost 22 votes to 19 with the Shooters Party members, Robert Brown and Roy Smith and the Christian Democrats’ Fred Nile and Gordon Moyes voting with the government.

In excess of $800,000 has already been paid to the Killalea State Park Trust by joint venture developers Mariner Financial and Babcock & Brown, who plan to build a “world-class eco-resort” at the park.

were made when Lands Minister Tony Kelly signed the agreement to lease the three parcels of land on 30 April 2007.

Questioned in Parliament on Thursday 7 June by Sylvia Hale (Greens MP), Tony Kelly (NSW Lands Minister) continued to refuse to answer her questions about the development proposed at Killalea State Park.

In response Tony Kelly stated that he had already answered the questions but did not provide details of when.

Ms Hale said: “This is the second time that I have put questions about the Killalea development agreement to the Minister and the second time that he has refused to answer the questions. I can find no record of the Minister ever answering the questions or providing the information I have sought.”

“The Minister is deliberately keeping the public in the dark about what deal he has done for a multinational developer to come in and take over a state park for an upmarket resort.”

“Given the Minister’s repeated refusal to answer these questions, the public is entitled to ask what the Minister is hiding.”

“He is treating both the community and the parliament with contempt,” said Ms Hale.

In light of the Government's refusal to hand over documents in Parliament on 7 June 2007, relating to the agreement to lease land at Killalea State Park, the Construction, Forestry, Mining and Energy Union have slapped an interim green ban on any development of the park until "satisfactory answers" are provided by the State Government.

Assistant secretary of the NSW branch of the construction division, Peter Zaboyak referred to other successful green bans implemented by the union and said that this was not a bluff.

Reported in the Illawarra Mercury on 8 June 2007, Killalea State Park Trust deputy chair Mark Luchetti said the development agreement would be available on a Government website before the end of the month.

A Department of Lands spokesman said that under Freedom of Information legislation the development agreement must be posted on the NSW Department of Lands website within 60 days of the April 30 signing.

Members of the alliance have liased with Shellharbour Council, Department of Lands, and the Trust to obtain documentation related to the signed agreement without success to date.

“It feels as if the community is currently being blocked from information said to be public”

Although advice was provided by the Lands department to suggest that such information would be available on a departmental website no time period was provided as to when this would occur. We hope this situation changes prior to meeting with Tony Kelly on 14 June 2007.

A ‘Save Killalea’ public meeting is also being organised by members of the unions and the alliance for Tuesday 19 June 2007, 6:00pm, Links Golf Club, Golf Drive, Shell Cove.

The Save Killalea Alliance and unions met with the Minister for Lands, Tony Kelly, MLC, 14 June 2007 to convey community concern about proposed development at Killalea State Park.

The delegation which allowed community members to outline concerns and opposition towards development at the park to the Minister included Uncle Reuben Brown (aboriginal elder), Sonya McKay (ICEC and Save Killalea Alliance), Chris Homer and Andrew Keeling (surfers), Mairi Petersen (SPACE), Ben van der Wijngaart (Kiama Greens), and Arthur Rorris, Mark Paloff and Scott Wilcox on behalf of the unions.

“The Minister should now understand the strength of opposition towards any development at Killalea State Park, which is occurring from a diverse range of community sectors as indicated through the delegation, not just one.”

“The Minister for Lands, Tony Kelly, was shown a petition containing over 1500 signatures in opposition to the development. This brings the number of signatures collected so far to over 2300, which are being tabled in parliament by Sylvia Hale, Greens MLC.”

“The community is under no misconception about the 52 year lease agreement already signed, which is active if the development application is approved.

“The thirteen million suggested by the Minister isn’t worth destroying the natural coastline. No amount of money received through a lease agreement with a private developer would be enough to compensate for the destruction of our natural, pristine coastline, or the loss of our public amenity.”

On being pressed by the delegation, the Minister conceded he would go back to the Trust and ask them if they could reconsider alternatives to funding the park.

“Even if it was difficult to terminate the current agreement it would be highly improper to have signed a document which wouldn’t allow a development proposal to be rejected. Particularly when it hasn’t as yet been publicly exhibited and submissions received.”

Our next task will be to present the Minister with the questions he said he would respond to, and continue to be vocal against development at the park.

The third public meeting held on 19 June 2007, and reported in Illawarra Mercury the following day, saw the Save Killalea Alliance and unions produce further insights into the proposed development at Killalea State Park.

Alliance and union representatives reported back on the meeting with Tony Kelly on 14 June.

“This included the revelation that only around 13 million will be generated over the life of the lease proposed for the park, which becomes active on formal approval of a development application. This figure was confirmed by the Minister for Lands in parliament to be for a period of 52 years.”

The meeting also provided further information on the ad for tenders, details which refuted a reported public meeting at the end of 2002, along with figures that didn’t support the need for further funding arrangements for park maintenance.

“The Trust should now open their books to the public particularly since they continue to use it as an argument to develop the park.”

“The community is overwhelmingly opposed to development at Killalea State Park as indicated from the further 1500 petition signatures presented to the meeting. This adds to the 2739 signatures already submitted to parliament through Sylvia Hale, Greens MLC.”

“The alliance will continue to work on questions to present to the Minister which he said he would answer’

“The alliance also looks forward to analysing the agreement that has already been signed between the parks trust and the developer that is expected to be released on Friday 22 June.”

AFTER weeks of intense lobbying from parliamentarians, community groups and surfers, the lease agreements for the proposed resort at Killalea State Park have been released.

This 342 page document is now available to view by clicking on the above heading. Page 88 in Part A details the proposed development works.

Save Killalea Alliance spokeswoman Sonya McKay said it was a concern that such a detailed agreement had been prepared before the community was consulted.

SHELLHARBOUR Mayor David Hamilton has added his name to the long list of those opposed to leasing a portion of Killalea State Park to a private developer. Despite being a longstanding Australian Labor Party member Cr Hamilton said he could not help but speak out on the subject. He said “No matter where I am, members of the public are coming up to me and saying they don’t want this.” He will urge his councillors to support his protest at a council meeting next week.

KIAMA Mayor Sandra McCarthy has come out in support of her neighbouring colleague suggesting she will also report to her next council meeting, the community concerns surrounding the lease. She has been overwhelmed by concerns being raised with her by community members about leasing part of the Killalea Reserve to private developers. As a member of the Killalea Trust, Councillor McCarthy has until recently been bound by a confidentiality agreement in relation to the expression of interest process. She will now, on behalf of the community, raise concerns with the trust and the State Government, including Member for Kiama Matt Brown.

THE first stage of a community consultation process for the planned eco-tourism resort at Killalea has commenced with the launch of a 1800 number for public information.

Here is your chance to speak with a consultant from Twyford Consulting who have been engaged by the developer to assist with public consultation, and for the public to register their views on this development.

If you have been following the debate on this issue you will undoubtedly have formed your opinions. Community groups represented in the Save Killalea Alliance, which also includes a great many Killalea descendants, are totally opposed to any development of Killalea State Park.

Representatives from Save Killalea Alliance with meet with Twyford’s in the coming weeks.

Electoral Office figures reveal that the international financial services corporation Babcock and Brown, one of the companies involved in the development of a private resort in the Killalea State Park, has donated $143,000 to the NSW Labor Party since 2003/04.

"The Labor Party has done very nicely out of Babcock & Brown. And Babcock and Brown will do very nicely out of being allowed to build a private development in a state park". "Members of the community around Killalea have every right to be concerned about a potential conflict of interest," said Sylvia Hale (Greens MLC).

Ms Hale asked Tony Kelly, Minister for Lands, in Parliament on 20 June about the Killalea State Park Development and whether an independent assessment had been done of the commercial value of the lease. He refused to answer the question.

“The Save Killalea Alliance have exceeded 6,000 petition signatures, submitted to New South Wales parliament through Sylvia Hale MLC, opposing development at Killalea State Park”, Sonya McKay, spokesperson for the Save Killalea Alliance stated.

“Authorities should take notice of the grass roots ground swell which continues to not only oppose leasing land to a private developer, but more importantly the development itself.”

“We have had parties so intent on development, and entering into a contract, that they didn’t genuinely ask the community whether they should.”

“It is a concern that the Trust entered into an agreement containing over a couple of hundred pages with a developer before having genuine community consultation.”

“Although the agreement essentially confirmed what the alliance thought it is still a concern.”

“We are still seeing reference to a significant development of up to 202 accommodation units, other major infrastructure, as well as exclusive areas.”

“We understand the lease will only generate around 13 million over 52 years, which isn’t enough to destroy the quality of the area. No amount of money is.”

Some councillors have reacted angrily to the mayor's statements this week opposing a 52-year lease for a tourism resort, saying he should have discussed the matter with them first.

Councillor Hamilton's mayoral minute to Tuesday's meeting (3 July) asked councillors to oppose any move by the Killalea State Park Trust or the Department of Lands to lease any land to private enterprise.

Several councillors have objected to Cr Hamilton going out on his own, others have accused him of being a hypocrite, while some say he has risked prejudicing the development application and encouraged the State Government to take it out of council's hands.

In response to the councillors comments, South Coast Labour Council secretary Arthur Rorris said councillors who favoured the lease should speak up and simply say so.

Mr Rorris added that "internal machinations, party politics and point-scoring" should not come into play.

David Hamilton, Mayor of Shellharbour City Council, had proposed to seek support from his fellow councillors to oppose any move by the Killalea Trust or the Department of Lands to lease any part of Killalea State Park to private enterprise.

This request however was deferred when the Mayor announced that he had arranged to take his concerns about the lease of land to private developers directly to the lands and tourism ministers.

He further stated that he had succeeded in arranging a meeting with Minister Tony Kelly and Minister Matt Brown immediately on resumption of Parliament next week to discuss the Killalea Development proposal.

LANDS Minister Tony Kelly is still at loggerheads with Shellharbour and Kiama mayors after meeting yesterday to discuss plans to lease Killalea State Park land to private developers.

Shellharbour Mayor David Hamilton and Kiama Mayor Sandra McCarthy said they were pleased the minister had given them a decent hearing in Sydney when they took their communities' concerns to State Parliament.

But the mayors' views of what was agreed differed substantially from Mr Kelly's.

Councillor Hamilton said the minister had promised to investigate the confidentiality arrangements surrounding the plans to lease Killalea land for a tourism resort, but Mr Kelly's spokesman denied this.

The mayors also said the minister had promised a comprehensive report on the proposed lease, but his spokesman again insisted this was incorrect.

On April 30, Mr Kelly signed an agreement to lease three parcels of land for 52 years to Killalea Coastal Investments, a joint venture between Mariner Financial and Babcock & Brown.

It allows 202 residential lodges, swimming pools, tennis courts, restaurants and a conference centre.

Both mayors made their concerns about the lease public late last month and recognised community opposition to the plans.

Cr McCarthy is also an ex-officio member of the Killalea State Park Trust, the board in charge of looking after the coastal public recreational land between Kiama and Shellharbour.

Cr Hamilton said the minister seemed surprised at how little he and Cr McCarthy knew about the proposal, and that Mr Kelly had promised an investigation into the trust's confidentiality clauses.

"We had a very open and frank discussion," Cr Hamilton said. "He thought we knew more than we did.

"One of the major problems is members of the trust have not been privy to all the decisions being made. We told the minister the executive had made decisions and after the event taken it back to the rest of the trust and asked for approval."

Cr McCarthy said the mayors questioned why the Government hadn't asked the community its thoughts on the lease, and the minister had responded that Crown land leases did not need to be publicly exhibited.

Mr Kelly's spokesman said the only arrangements made yesterday were to provide the trust's last three years of annual reports and financial audit reports, the plan of management and a summary of non-confidential meeting decisions - which the minister had previously agreed to make available.

The Save Killalea Alliance will be protesting at 11am, 19 July 2007, outside Department of Lands (State Government Office) at 84 Crown Street in Wollongong as part of an increasing coalition of groups opposing the effective privatisation and commercial development of Crown lands, including Killalea State Park, and the Department’s repeated failure to transfer high conservation value public lands to the National Parks estate, Ms Sonya McKay, Spokesperson for the Save Killalea Alliance said.

Environmentalists are protesting at six offices of the Department of Lands around the State.

The National Parks Association of NSW, The Wilderness Society, the Total Environment Centre, and the Save Killalea Alliance have joined in the protest, claiming that there will be little effective protection for over a million hectares of vegetation on Crown leases if the Government pushes ahead with plans to effectively sell-off the entire Crown lease estate.

Wilderness Society spokesperson, Reece Turner said “We have no confidence in the Department of Lands’ ability to protect these areas if they are privatised. We are talking about outstanding areas of conservation significance, including Identified Wilderness, old-growth forests, and extensive areas of poorly reserved woodlands.”

National Parks Association spokesperson, Georgina Woods, said, “This is not just about the Crown lease estate, the recent history of the Department of Lands is a catalogue of failures to protect the environment and act in the public interest.

“The Department of Lands is managing the Crown lands estate as if it is a private property portfolio, making money from it, selling it, preventing proper environmental protection and encouraging commercial development on Reserves and foreshore lands. We are here to tell them that it is not their land, it’s the public’s land, and they must manage it in the public interest.

Protestors from a variety of community groups will gather in Coffs Harbour, Port Macquarie, Taree, Newcastle, Sydney and Wollongong, united in their frustration at the irresponsible environmental management by the Department of Lands.

“We are calling on the State Government to deliver on promises for strong and permanent protection for the forests, woodlands and wetlands on Crown lands in NSW and take control of the Department of Lands.” Ms McKay stated.

“With over 6,000 petition signatures being presented to parliament already we also call on the government to reconsider its economic rationalist position to develop Killalea State Park.” Ms McKay said.

Efforts to “save Killalea” led to protesters targeting Wollongong’s Department of Lands office, which was part of state-wide action against government policy to sell and lease Crown land such as Killalea State Park.

Speakers at the rally included members of the National Parks Association, Wilderness Society, Total Environment Centre, Save Killalea Alliance and the South Coast Labour Council. Sylvia Hale, NSW Greens MP also joined the protest and was presented with a further 2500 signature petitions to take to Parliament. Almost 9,000 signatures have been collected on a petition opposing the development.

Representatives of the Save Killalea Alliance and South Coast Labour Council attempted to deliver a written statement to the NSW Lands Department at Wollongong but found that the door to the building had been locked, however it was opened long enough to successfully hand over the statement to a Department of Lands employee.

These 2 page information reports from the Killalea State Park Trust were forwarded to both Kiama and Shellharbour Council.

After receiving these reports, Shellharbour Mayor David Hamilton publicly accused the Killalea State Park Trust of thumbing its nose at the council over development plans for the park.

The mayor, backed by his councillors, has demanded more information from the trust after it provided council with only brief reports of its June and July meetings.

He said because the trust stated it needed to lease Killalea land to a private company to raise funds to maintain the park, it was important for its financial situation to be transparent.

Killalea State Park Trust chair, Ed Gilmore hit back and accused Shellharbour Mayor David Hamilton of “making a goat of himself”, as the council’s relationship with the trust hit a new low.

The Killalea State Park Trust is gearing up to build a road down to The Farm beach, an amenities block and space for 90 cars – all funded by the developer behind the planned tourist resort.

Trust chair Ed Gilmore said a development application would go to Shellharbour City Council in a few weeks for the amenities block and a viewing platform, but the road was approved about a year ago.

Jennie George, Federal MP and Throsby Labor member has expressed her opposition to the planned tourism resort at Killalea State Park.

Ms George said that the lease of Killalea State Park land to private developers could be stopped by a multi-government shared commitment.

"We do have an opportunity to retain Killalea in public ownership," she said. "It could be a shared commitment between the three levels of government and the community."

Kiama councillors will seek statewide support to stop plans to lease land at Killalea State Park.

At an extraordinary meeting on Tuesday 7 August, Kiama Municipal Council voted to submit a number of motions to the Local Government Association of NSW annual conference in October.

The council will request that the Local Government Association campaign against the plans to effectively "privatise" crown lands, particularly state parks, through the use of long-term leases to private companies.

The trust's 2005-06 annual report showed a fairly healthy organisation, with a surplus of more than $60,000, and of more than $100,000 the previous year.

The trust's annual reports were unavailable to the public earlier this year. However, amid a groundswell of concern about the lease, the Department of Lands has released more information.

Mr Gilmore stressed the trust still relied on its annual $250,000 State Government grant, which he doubted would continue. He further stated that $250,000 is going to be grossly inadequate to develop this park. We have to be self-sufficient.

Mr Gilmore tells us that state government funding of $250,000 per annum is unlikely to continue. Coincidentally, this amount exactly equals the lease payment we can expect from the private developers ($13 million over 52 years), although Mr Gilmore also says that "$250,000 is going to be grossly inadequate to develop this park".

The Illawarra Mercury reported: Tonight, community members will ask the Killalea State Park Trust to release the full, unmodified contract signed in April.

The Department of Lands posted a revised annexure B concept plan on its website this month, after the Mercury asked why it was missing.

A department spokesman said annexure B was a superceded and subsequently revised concept plan.

Save Killalea Alliance spokeswoman Sonya McKay asked why an annexure to a signed contract was modified.

Save Killalea Alliance and community representatives opposed to the lease of the park meet with the Killalea State Park Trust at their monthly evening meeting.

Shocking reports in the Illawarra Mercury revealed that taxpayers could be liable for millions of dollars in compensation if the Killalea State Park Trust reneges on its deal to lease land to private developers.

Trust deputy chairman Mark Luchetti said the trust could not withdraw from a contractual agreement with developers, and if it did the State Government administered body would be liable for “substantial damages”.

Save Killalea Alliance spokeswoman Sonya McKay said the agreement stated that the trust was under contract to act in a certain way to progress the development. However, the community should still hold the trust to account and not lose faith in getting the deal overturned through Planning Minister Frank Sartor.

She further stated: “We should have been consulted before the contract was signed, before any rights were given to the developer.”

Letters to the editor of the Illawarra Mercury show the public’s outrage on learning that the Trust is “locked in”.

Developers behind the Killalea State Park resort are ploughing ahead with their plans despite widespread opposition to the proposal.

Mariner Financial development director Anthony Moeller said a meeting with the NSW Planning Department was planned within the next fortnight to "kick-start the schedule".

Mr Moeller said a scoping plan would be submitted to the department's director-general in the next few months and the Government would then direct the company to do further studies, which would take about four months.

Mr Moeller expects this first stage to take six months, and once approved, stage two will begin when detailed design work is submitted.

A public relations campaign is also starting this weekend with thousands of residents in suburbs surrounding the park due to receive the first in a series of newsletters from the developers, titled Killalea News Update.

The Save Killalea Alliance is concerned about information being currently distributed to the community regarding Killalea State Park and its development.

No evidence to date has been provided to prove that the public information session in 2002 was in fact public and that it was promoted in the press as this before it occurred.

It appears apparent that the Trust did not undertake the necessary effort to consult with the public over their development proposal around this time and prior to signing any contractual rights to a developer and allowing the construction of 202 lodges, swimming pools, tennis courts, restaurants and function centres.

Concerns also exist about the survey results suggested, and what their associated questions and analysis were, knowing that we have collected over 12,000 signatures opposing the leasing as well as proposed development at the park.

This included a significant amount of shops holding the petition for the alliance in aid of protecting the park.

We also want to make it clear that we have not entered into any consultation with the developer, park trust, or consultants, as we were waiting until genuine consultation occurred first.

We, however, still remain concerned that the consultants brief is limited to refining the concept proposal rather then accepting the communities full opposition to it.

After studying the developers concept plans I raised my concerns with Terry Killalea-Hore about the Killalea family plaque, situated near the beach, and the proposed walking trails which appear to almost go over our plaque. I suggested that a visit to Shellharbour was necessary to access the situation, and in late August, Terry travelled to Shellharbour to meet with representatives of Save Killalea Alliance.

“Last Wednesday, 29 August 2007, Killalea descendants, community groups, surfers, the Greens and unions came together to publicise the plight of Killalea State Park”, Sonya McKay spokesperson for the Save Killalea Alliance said.

“Concept plans on the department of lands internet site confirmed the communities worse fears regarding the construction of 202 lodges over three development areas as well as tennis courts, swimming pools, restaurants and function centres in each of those areas.”

“This includes development in an area identified in the concept plan as ‘The Farm’, which overlooks ‘The Farm’s’ beach and nearby lagoon.”

The Save Killalea Alliance will be distributing a Newsletter shortly and is organising a public meeting for 18 September 2007, at 6:30pm at Links Golf Club, Golf Drive, Shell Cove as well as a barbeque for 28 October 2007, 12-2:00pm at Killalea State Park. The alliance also now has t-shirts and stickers for sale to help with the campaign.

“Video footage to upload on You Tube was taken of Terry and Andrew Hore speaking about the their family plaque as well as Terry’s poem which is hung inside the Administration building at Killalea State Park.”

“The incredible diversity of those involved in the Save Killalea Alliance along with the in excess 12,000 signatures opposing the leasing and development at Killalea State Park should be ample reason for the parks Trust and the Minister to reconsider their actions and decisions. We call on them to do so.”

“The possibility of compensation is one that should remain with the Trust and not borne by the community. The Trust entered into an agreement, its up to them to terminate it.”

The Killalea family received favourable press in the Shellharbour Lake Times on 5 September 2007 and can be viewed here. I personally would like to thank Terry for his excellent undertaking in representing the Killalea family.

On my arrival at Killalea Beach I was wondering what the chances of easily finding the plaque would be. I’m happy to report that it is still quite accessible although down a steep track to the old homestead site and the grass was quite clear around it.

Maybe this wasn’t so a few months ago as the bottom of it is slightly damaged and looks as though it has been hit with a slasher but fortunately the damage is only minimal. Although I’m aware the plaque is OK now I do have concerns about what could happen in the future should the proposed walkways go ahead. I was hoping to discuss the possibility of having it fenced off if necessary or at least know it was being considered in the proposed plans.

One of my aims was to try and talk to somebody on “The Trust” about this but when I fronted up at the office at the park entrance and asked who I could talk to, nobody there seemed to want to get involved at all. I was told I would have to contact Ed Gilmour “confidentially” in writing (but wasn’t allowed his address or phone number) I was only given his postal address which happened to be the same as the office I was standing in which also intrigued me somewhat. I left there wondering if Ed Gilmour was some form of “Almighty Being” who makes every little decision or if they were scared of losing their jobs if they told me anything else.

Whilst in Shellharbour we ate a couple of times at the Shellharbour Workers Club. Other Killalea’s may or may not know they have named one of the function rooms the “Killalea Room”. Also on the menu in the dining room there is a “Killalea Burger” which is a huge chicken fillet, great value and delicious. You also see busses in the area now with “Killalea Tours” written on the side of them.

In general the locals we spoke to are very much against any development at all at “Killalea” and say there has already been far too much out that way in recent years. What I remember as paddocks only about 5 years ago on my last visit is now entirely filled in with new housing subdivisions. There is also a hidden roadway out of the quarry across from Killalea Beach, so the trucks cannot be seen or heard from the new houses etc.

One of the locals I was talking to commented on some underlying tension between a small minority of those in favour of “Saving Killalea” and said that what they are supposedly fighting for unfortunately gets lost in a kind of slinging match at times between themselves. It appears I’m not the only one not interested in hearing or reading about this in newspaper articles and it obviously doesn’t help the cause.

The one thing that everybody seemed to agree on though was “That nobody trusts “The Trust” and that seemed unanimous. Some even made comments about feeling totally deceived by the State government over the “Killalea” proposals.

Whilst at “Killalea” I again pondered over why anybody would want to ruin such a beautiful & peaceful place with ugly building etc and the only reason I can come up with is “Financial Gain”. Once buildings are erected the attraction to the place is immediately lost for tourist and locals alike, other than those fortunate enough to end up living there permanently and still able to view the sea maybe.

There is no way I can see those proposed temporary looking buildings lasting 52 years and I wonder how long we will have to wait for the truth to come out as to what the real agenda is for this land. Others I have spoken to are asking similar questions too.

Killalea State Park is Crown Land – land that is owned by us all and should be cared for us by the Killalea State Park Trust.

However, the Trust has signed an agreement to allow for a 52 year lease and development by private developers, upon formal approval of a concept plan.

The Concept Plan for the development, now on the Department of Lands website, proposes 202 lodges in the Park in 3 areas, together with swimming pools, restaurants, tennis courts and Conference centres for each area. Exclusive and inaccessible areas are proposed as well.

The SAVE KILLALEA ALLIANCE was formed by community groups, surfers, Killalea descendants, and the Greens, supported by the unions, to publicise and oppose the proposed development. “The incredible diversity of those involved along with the in excess of 12,000 signatures opposing the leasing and development at Killalea State Park should be ample reason for the Park Trust and the Minister to reconsider their actions and decisions. We call on them to do so,” said the Alliance spokesperson Sonya McKay.

Some people will already have received a Killalea Newsletter from Twyford Consultants telling us about the proposal. We are advised that their brief is to “refine” the proposal, and not accept the fact that our community, and indeed the wider community, does not want the development at all.

The SAVE KILLALEA ALLIANCE has NOT entered into consultation with the Trust, Twyfords or the developer. We were, and still are, waiting until there was genuine consultation first.

Their newsletter states that there was a public information session in 2002, but the public were not informed. It is also unclear what questions were asked in the survey cited in their newsletter.

The community has had 3 well attended Public Meetings, had a lot of publicity, met with Kiama Council, had a deputation to the Minister for Lands and met with MPs from the Upper House.

Please phone 4296-2339 or 0407 910 029 if you would like to get one, or phone Jane on 0409 968 092 to help with the petition. Financial contributions can be made to Wollongong IMB Account No 200478358.

We ask that you help us in our campaign to Save Killalea by doing 1 or all of the following:

Today’s Save Killalea Alliance deputation to see Matt Brown, MP for Kiama and Lylea McMahon, MP for Shellharbour was more an exercise in formality rather then parliamentarians genuinely listening to the community, Ms Sonya McKay, spokesperson for the Save Killalea Alliance said.

Ms McMahon advised the deputation early on that Killalea State Park was not in her electorate.

She, however, was later reminded that community members opposed to the development proposal for the park resided in her electorate.

Although Matt Brown suggested he was listening to the deputation he continued to defend the proposed development at Killalea State Park without what appeared to be a clear understanding of the location of lodges and processes involved.

He further suggested that the Trust had already taken out loans, that a lot of money had already been spent, and that public consultation processes had taken place through media involvement.

The community, however, were not provided a genuine opportunity to influence the decision making process when the Trust first proposed to develop the park.

“We have not been provided evidence that the community were informed of a public information session in 2002 prior to it occurring while documents and videos provided at the time cost $300.00”, Ms McKay stated.

“We call on our local parliamentarians to support the thousands of people who have signed the petition opposing the leasing and development of Killalea State Park,” Ms McKay said.

“A development that includes 202 lodges in three areas of the park, as well as swimming pools, tennis courts, café/restaurants, and functions centres for each of the three areas.”

Both Matt Brown, MP, and Lylea McMahon, MP, have been invited to the Tuesday, 18 September public meeting at Links Golf Club, Shell Cove at 6:30pm.

The Illawarra Mercury has reported that State politicians, Kiama MP Matt Brown and Shellharbour MP Lylea McMahon were only paying lip-service to concerns about the future of Killalea State Park and ignoring community concerns at a meeting with the Save Killalea Alliance.

Matt Brown described the 45 minute meeting as productive and Lylea McMahon said she would not be drawn on her opinion of the proceedings except to say: “Residents were able to raise their issues and concerns.

Killalea State Park is not in Ms McMahon’s electorate but some residents still had concerns about the issue which, in part, let to Monday’s meeting.

Shellharbour Mayor David Hamilton accused the Save Killalea Alliance of clouding the Killalea issue. It is very unclear what Mayor Hamilton meant by this statement.

Although the paper reported that the Alliance handed over the signature petition this was not the case, the MPs were shown the 15,000 signature petitions opposing development at Killalea State Park. The petitions will be handed to Sylvia Hale Greens MP to submit to Parliament.

Labour council secretary Arthur Rorris said the plan represented a "credible alternative" to government plans to lease the land to developer Killalea Coastal Investments, made up of Babcock & Brown and construction fund Mariner Land.

Save Killalea Alliance spokeswoman Sonya McKay wanted to see more details of the plan, "especially given the community is not in favour of developing the park".

Killalea State Park Trust president Ed Gilmore doubted the plan would get off the ground.

But NSW Lands Minister Tony Kelly said Councillor Hamilton would have to prove there was popular support for the plan through a referendum before it would be considered.

"I am quite happy to have a referendum and let's see what the public has to say about this," Cr Hamilton said.

South Coast Labour Council secretary Arthur Rorris expressed support for a referendum, but believes it should offer residents all the options, including the Government-backed plan to lease part of the land, the Hamilton plan which includes a levy and an option to leave the land as it is.

"The people haven't been asked what they want," he said. "I've always maintained that the Government proposal is one of the most opposed development proposals I've seen in my time as secretary of the labour council and I would be very surprised if people agree to support it."

“Last nights Save Killalea State Park meeting was another great success with a room filled to capacity with people concerned about the parks future”, Ms Sonya McKay spokesperson for the Save Killalea Alliance stated.

“It is still more than obvious that the community does not wish to see the park leased and developed, and instead want the park to remain in a pristine state”.

“Concern also arose from the fact that 81 of the 202 proposed lodges will be constructed on an area identified in the concept plan as ‘The Farm’.”

Further concerns exist with some of the written responses to questions posed to the Trust. This includes the revelation that each of the proposed 202 lodges will have their own subdivision and lease.

The trust also left it open to the possibility that the developer could lodge a caveat on park land depending on circumstances, and suggested that an option to extend the lease beyond the 52 years would be up to the government at that time and that it favoured the lessor.

“The effective privatisation of the park is a major concern for the community as a whole.” Ms McKay said.

At the public meeting, organised by the South Coast Labour Council and the Save Killalea Alliance, there was overwhelming support for a referendum to determine the future of the park.

The meeting was held in the wake of Mayor David Hamilton’s proposal that Shellharbour City Council take over control of the park from the Killalea Trust as an alternative to leasing part of the land to developers.

Mr Kelly said he did not support such a referendum and even if it was held, it would not make a difference to a decision to lease part of the site for 52 years.

Mr Kelly also accused Killalea activists of trying to "hijack" calls for a levy by turning it into "a call for an unnecessary referendum".

South Coast Labour Council secretary Arthur Rorris said Mr Kelly's decision not to support a referendum was evidence he was afraid of the result.

He also foreshadowed that "the best is yet to come" in the battle to prevent private developers taking control of part of the park.

"There is information about how this deal came together which is dynamite," he said.

The Greens Bad Developers Awards last night recognised jointly the Save Killalea Alliance and Rising Tide (a Newcastle-based group who campaign against human- induced climate change) as the best regional community group campaigns, Ms McKay spokesperson for the Save Killalea Alliance stated.

“It is heartening to be recognised for the hard work that has been initiated by the community to Save Killalea State Park from development, spokesperson for the Save Killalea Alliance said.”

“The Save Killalea Alliance has undertaken numerous deputations, meetings, and addresses with Ministers, local and upper house parliamentarians and Kiama Council in an effort to save the park.”

“It has also organised numerous public meetings which have consistently seen significant turn outs to save the pristine nature of the park, and collected over 15,000 signatures opposing its leasing and development.”

“Saving Killalea State Park may be another David and Goliath story, but State and Local governments now realise that there are too many David’s to ignore.”

“Of all the current stakeholders involved in the Killalea debate the community remains the defining element.”

“Hopefully the communities recognition will re-ignite its importance back into the Killalea debate.”

The results of a survey conducted back in June, has shown the community is almost split down the middle on a proposal for an eco-resort at Killalea State Park.

The Illawarra Regional Information Service (IRIS) conducted the survey in Shellharbour and Kiama from June 18-20 and found that 53 per cent of respondents opposed the development outright, while 26 per cent could live with it and 21 per cent supported it.

While developer Killalea Coastal Investments said the result was a triumph given the immense publicity against the development, the South Coast Labour Council dismissed it as "intellectually dishonest".

Labour Council secretary Arthur Rorris dismissed it as an exercise in "tricky" statistics. "The questions are a clever statistical ploy to cloud the issue," he said.

"Rather than giving people a yes or no option, they have thrown a bit in the middle to confuse the issue. But even with that ploy, the majority of people were still opposed."

The Save Killalea Alliance said residents had to answer questions without knowing details of the planned development and the survey analysis did not consider the respondents' full views.

"The current proposal should have been clearly detailed in the survey report for any developer to claim any community support for it."

IRIS Research was commissioned by Killalea Coastal Investments in June 2007 to undertake a community survey. The broad aim of the survey was to understand community perception of the proposed development at Killalea State Park.

The questionnaire was developed in partnership with Mariner and Twyford Consulting and administered on the IRIS computer-aided telephone interviewing (CATI) system during the period from the 18 to 20 June 2007.

“Concerns exist regarding the questions and analysis of a survey regarding development at Killalea State Park, Ms Sonya McKay spokesperson for the Save Killalea Alliance said.

Even utilising a survey developed in partnership with the developer and its consultants only 21% indicated support for a development proposal, 26% suggested they could live with it, while a 53% majority opposed it considering it unnecessary or overdevelopment, with most wanting to keep the pristine nature of the park.

It is unclear what proposal 21% of people indicated they supported since the survey doesn’t provide any details through its questions or responses on the amount of lodges (202) planned, or that 81 are to be constructed on the area identified as ‘The Farm’ overlooking the coast.

This is important since 12.3% of those in support of a proposal (being 21%) indicated it was on the condition that the environment wasn’t ruined.

Of the 26% that indicated they could live with it survey analysis suggests this includes conditional support dependent on more information being provided, the environment not being ruined, the development not being too big, accommodation not being part of it, or wanting to promote camping.

From the survey’s report posted on internet it doesn’t appear that the true extent of the development was stated or that people were advised that no guarantees existed on the camping area remaining.

“What the survey did indicate was that most people visit Killalea to surf, walk, relax and picnic with family and that little support exists for utilising new proposed facilities, except a kiosk.”

“It also showed that the major attraction to the park is its natural unspoilt and quiet beauty, that include coastal views.”

"The current proposal should have been clearly detailed in the survey report for any developer to claim any community support for it", Ms McKay said.

“All of this also ignores the in excess of 15,000 signatures collected opposing the leasing and development of Killalea State Park.” Ms McKay stated.

“Touching the earth lightly” is the theme being used for so-called “concept eco-lodges” planned for Killalea Public Park as a result of a secretive deal between the State Government and developers Killalea Coastal Developments.

And as the developers prepare their final designs surveyors have been seen at Killalea State Park, sparking anger among activists who oppose development in the park.

The developer behind the plan said the surveyors were conducting standard work commonly undertaken in the lead-up to a development application.

But the Save Killalea Alliance was angry after seeing the surveyors, with spokeswoman Sonya McKay saying the development in the park is not supported by the community.

The Save Killalea Alliance Group attended the Killalea State Park Trust Meeting on Wednesday 22 August, 2007 and presented a number of requests and questions. The Trust undertook to respond to their written submission within 2 weeks.

Killalea has been given the official tick this week to apply for National Surf Reserve status, but those in charge warn the proposal must not become a political football.

Two proposals for The Farm to be gazetted were received by the National Surfing Reserve Committee Australia at its Monday meeting.

One was from Illawarra surfer Chris Homer, backed by supporting letters from the community, who had originally approached Professor Short back in July.

The other was from the Killalea State Park Trust, supported by Department of Lands, which has been publicly criticised this year for plans to lease land to a private company.

Trust chairman Ed Gilmore said the trust had applied for surf reserve status to lift the park's recognition.

Deputy chairman of the National Surfing Reserves Committee, Andrew Short, believes historical accounts and memoirs will be needed, to establish why The Farm beach in Killalea State Park deserves the accolade.

Shellharbour locals will now be briefed on a decision to back their application to National Surfing Reserves Australia.

In August, Kiama councillors voted to ask the Local Government Association of NSW to campaign to ensure proposed commercial developments on Crown land were compatible with public use, and to push for more open and transparent processes for commercial activities proposed in state parks.

Delegates to the Local Government Association of NSW Conference in Coffs Harbour voted to support Kiama Municipal Council's motion regarding commercial developments on Crown land, despite two Wollongong and Shoalhaven councillors objecting.

Kiama Deputy Mayor Howard Jones has warned the proposed development at Killalea State Park, on the central coast of New South Wales, could open the door to private property speculation on Crown land. Councillor Jones says it is effectively privatising public land. Individuals can purchase sub-leases, and they could well be used for speculative purposes.

Shellharbour Mayor David Hamilton told the conference the key issue was allowing chunks of state parks being leased for 52 years to private interests, and expressed his outrage that his council was not consulted on the lease plans.

The NSW association is now committed to a campaign that will ensure commercial development of crown land is compatible with the general use of the land for public purposes and are of a scale and nature so as not to alienate areas from people who traditionally use them.

As a consequence, councils will be at odds with a State Government intent on making crown land economically viable through commercial development and Planning Minister Frank Sartor now armed with unprecedented powers to overrule them.

“The Save Killalea Alliance would like to acknowledge Kiama Councils efforts to bring the plight of state parks such as Killalea to the attention of the Local Government Association through their motion presented to, and passed by, it”, Ms Sonya McKay, spokesperson for the Save Killalea Alliance said.

The Save Killalea Alliance addressed Kiama council in August this year speaking in favour of the motion originally supported by Deputy Mayor Howard Jones and fellow Councillor Nerissa Bradley.

With the ever increasing opposition to the development proposed for Killalea State Park it is difficult to understand why the parks Trust and Developer haven’t entered into negotiations to terminate the agreement they signed earlier this year to allow for the construction of 202 lodges, tennis courts, pools, restaurants/cafes and functions centres if approved.

"It is also difficult to understand why the Trust hasn’t effectively improved the utilisation and promotion of the facilities that currently exist at the park prior to considering any significant development." Ms McKay said.

A stark example of the lack of knowledge of what exists at the park was provided by David Campbell, MP this week during an estimates hearing in which he commented that no accommodation existed at the park despite the existence of camping facilities and dorm rooms along with related amenities including a significantly sized sheltered cooking and eating area.

"A Save Killalea family friendly barbeque is organised for this Sunday, 28 October, starting at midday until 2:00pm. We look forward to seeing a diversity of community groups and members of the community in attendance supporting each other to save the park." Ms McKay stated.

"The Save Killalea Alliance was happy with the organisation and community turn out into the hundreds for the Save Killalea BBQ on Sunday", said Ms Sonya McKay spokesperson from the Save Killalea Alliance which organised the event.

"It showed a significant and continuing visual opposition to proposed inappropriate development for the park that includes 202 lodges, swimming pools, tennis courts, cafes/restaurants and function centres."

"Although not all groups were able to wear identifiable t-shirts for the day the diversity of support was overwhelmingly apparent.”

"It included a welcome to country and aboriginal ceremonial dancing, with community groups including environmental activists, surfers, aboriginal representatives, as well as unions, parliamentarians, and councillors from Kiama, Wollongong and Shellharbour Council."

Speakers included Ian Cohen (Greens Upper house parliamentarian), Arthur Rorris (South Coast Labour Council), Howard Jones (Kiama Councils Deputy Mayor), Andrew Keeling (Save Killalea Alliance and surfer), and David Burgess (Total Environment Centre) with Sonya Mckay (Save Killalea Alliance spokesperson and ICEC co-ordinator) as MC.

“The Save Killalea Alliance, with the overwhelming support of the community, will continue to peacefully oppose the significant and inappropriate development for Killalea State Park.“

“We also look forward to working with Howard Jones (Deputy Mayor of Kiama Council) to make a presentation to the Local Government Association that was made possible through his successful motion to it.”

"Rally’s, Meetings, barbeques, and a petition with over 15,000 signatures, have seen continual significant numbers oppose inappropriate development at Killalea State Park that includes 202 lodges, swimming pools, tennis courts, cafes/restaurants, and function centres.”

“The alliance now wishes to see if the Federal Sector can help solve the issue of unpopular development at Killalea through a meet the candidates forum that will include Jennie George, MP.”

“It is hoped that the night will provide constructive assistance to the plight of Killalea State Park rather than personal attacks.”

“In particular it is hoped that the Federal sector can supply the $250,000 annually that the State Sector do not wish to pay.”

“At a time when the environment is not coping with global warming protecting the environment should be seen as paramount. Cultural and Environmentally sensitive areas do exist at Killalea State Park and we hope that the Federal sector will help protect these, along with open spaces, from the excessive development proposed for the park.”

"We are organising a ‘meet the candidates’ forum on Tuesday, 13 November 2007, at 6:30pm at Links Golf Club, Shell Cove.”

Crucial support for The Farm to become a National Surfing Reserve will be requested of Shellharbour Councillors at their next council meeting.

Full council endorsement is essential for a beach to be designated, said Professor Andrew Short, deputy chair of the National Surfing Reserves Committee.

Prof Short said Mr Homer had put an expression of interest to the committee in October, and then been given directions to compile a formal submission, and form a community steering committee to prove Killalea's iconic status.

Councillor Hamilton said he had been approached by Chris Homer a couple of months back and would now seek endorsement of his mayoral minute at the council's meeting on Tuesday.

THE push for The Farm to be nationally recognised was supported by Shellharbour councillors last night. They voted unanimously to throw their weight behind surfer Chris Homer's mission to make Killalea a National Surfing Reserve.

Mayor David Hamilton had already given his formal support but last night asked the councillors to come on board. A second letter will now be sent to the National Surfing Reserves Committee.

The mayoral minute to the council stated that coastal population, development and tourism placed increasing pressure on the coast and surf sites. In this context, the councillors agreed that Killalea should be officially recognised as a national icon.

The councillors asked how the reserve would impact on the controversial private tourism resort planned for Killalea State Park. Councillor Hamilton said it was a separate issue, as this was about the surf beach, rather than the land above.

But he noted that Mr Homer's quest came "in light of the publicity given to Killalea" and his aim was to have the beach nationally recognised.

If The Farm is successfully gazetted as a Crown Land Reserve by NSW Land Minister Tony Kelly, a board of management would be appointed, which could make recommendations to the minister and apply for funding.

In a bid to halt development plans set down for the park, Shellharbour resident, Chris Homer has spent the latter part of 2007 cataloguing information in a bid to win ‘The Farm’ recognition as a national surfing treasure.

Spurred on by Shellharbour Council throwing their support behind the plan, Mr Homer is confident he will have all the documents required to illustrate ‘the special place the beach has in the hearts of local surfers’.

Mr Homer is confident, despite the surfing reserve stature offering no official protection from development, the recognition may be enough to ward off plans for the tourism resort to be located inside the park.

Mr Homer will put his case to have Killalea State Park recognised as a national surfing treasure before the National Surfing Reserve Committee in February.

Figures released by the Australian Electoral Office reveal that Babcock and Brown, the developer that has been given government approval to develop a 200-room resort in the Killalea State Park tripled its donations to the NSW Labor Party last year to $103,000.

In the months leading up to the lease being signed, Babcock and Brown gave $53,000. Then, just nine days after the agreement to lease was signed, the Government received $20,000. In June, during the height of community protest, the company handed over $30,000, bringing the total to $103,000.

Save Killalea Alliance spokesperson Sonya McKay said she was concerned the donations created a conflict of interest. “It’s concerning and disturbing if this information is correct, especially because it happened at the same time we were seeing the (Lands) Minister (regarding the development),” she said. “If this is an indication of what has gone on, I am concerned about the future processes.”

ONE thing everyone seems to agree on about Killalea State Park, is that The Farm should be declared a national surfing reserve.

The area is steeped in heated controversy over a planned private resort, but Warilla surfer Chris Homer has not struck anyone who disagrees with his push to make the prized, south-facing surf spot officially iconic.

Mr Homer travelled north to present the official nomination for Killalea to join the elite, nationally recognised and protected, breaks.

The response from the National Surfing Reserve Committee Australia was all positive and, Mr Homer was told, the application was the best the committee had seen in a long line of requests from around Australia.

Previously, the Mercury has reported the Government's and the Killalea State Park Trust's support for reserve status. But Mr Homer's efforts beat the trust's initial application via the department.

He expects to hear from the committee in time for an official dedication next summer.

Wollongong's recent corruption and developer donation scandal has inspired Illawarra communities fighting projects such as the Killalea State Park resort to renew their protests.

On 17 March a public forum was held in response to Illawarra developments, political donations, Independent Commission Against Corruption (ICAC) recommendations, and their implications regarding planning reforms.

Guest speakers included representatives from Sydney's Total Environment Centre, Healthy Cities Illawarra and the South Coast Labour Council. Greens MLC Sylvia Hale spoke about Killalea.

Killalea opponent Mark Paloff, of Fairy Meadow, said the unprecedented commercial lease of Killalea should be re-examined while the spotlight was on developer contributions.

The Killalea developer has been in talks with the NSW Planning Department and has asked for the resort to be assessed by the Government as a major project, instead of going to Shellharbour City Council.

A department spokesman said the proponent had been asked to provide more details.

Meantime, a Killalea Coastal Investments spokesman said a project application would be lodged within the next 10 weeks. But this relies on Planning Minister Frank Sartor declaring it a major project.

It also has been revealed that one of the partners in the resort development planned for Killalea State Park made 18 separate donations totally over $330,000 to the NSW Labor party during the time it was negotiating the 50 year lease.

NSW Greens MP Sylvia Hale has described the pattern of donations as “highly suspicious”, and has called for a halt to the controversial development and has demanded an independent judicial inquiry into the deal. She said the inquiry should investigate whether the lease negotiations were affected by the 18 donations.

Lawyer Susan Bunting said she supported the call from Greens MP Sylvia Hale for an independent judicial inquiry into the deal, including whether political donations had any effect on the negotiations.

The Environmental Defenders Office has taken on the community battle to stop the commercial lease of Killalea State Park land, and is weighing up its legal options. They have taken formal advice from a barrister on behalf of Save Killalea Alliance.

Senior solicitor Jacquie Svenson said there were a number of problems with the way the commercial lease was granted and the process that had since been followed.

She said her office was waiting for the development application to be lodged and then would decide whether the best strategy was to raise the legal "flaws" through the development application process or through the Supreme Court.

The Greens have researched the link between the controversial Killalea State Park development on the south coast and donations to the NSW Labor Party.

The following slide from the Greens 'Linking development and donations' presentation shows the timeline for the Killalea State Park development process and the donations by the developer, Babcock and Brown, to the NSW ALP. In total they donated $363,000 to Labor during the development application process.

Greens MP and planning spokesperson, Sylvia Hale presented this research at a public forum held at Parliament House on Tuesday 1 April 2008 to launch the Greens new bill to ban developer donations before the September 2008 local government elections.

· Read Sylvia’s speech in parliament on 3 April to introduce her new bill to ban developer donations

· Read the interview with Sylvia Hale and various other guests on ABC Stateline on 4 April.

Kiama Mayor Sandra McCarthy has resigned from the Killalea State Park Trust, her reasons including disappointment with NSW Lands Minister Tony Kelly.

Councillor McCarthy said after seven months Mr Kelly still had not responded to her letter calling for an investigation into the leasing arrangement of a section of the park.

Kiama council is now officially unrepresented on the trust after fellow councillors declined to take up the position when it was announced as vacant on Tuesday night.

A spokesman for the minister stated that an application had been received from Killalea Coastal Investments but that more information was being sought by his department from the developer before a decision would be made.

If it is accepted as a ‘major project’, the decision making will be removed from Shellharbour City Council, under Section 3A of the Planning and Assessment Act, and it will be decided by the Planning Minister Frank Sartor and will appear on the Department of Planning’s website as a registered project.

The Department of Planning have a number of fact sheets outlining the major project assessment process.

Other interesting developments this past week have been the reports that Investment house Babcock & Brown's financial woes throw doubt over its plans for the Killalea State Park resort as investors continue to dump shares in Babcock and Brown.

South Coast Labour Council secretary Arthur Rorris said the multinational’s instability put the Killalea proposal on shaky ground.

"Given the precarious nature of Babcock & Brown's finances at the moment, one would think the shareholders would be getting edgy about a questionable investment such as Killalea," Mr Rorris said.

Despite the last minute postponement due to the cold and wet weather, the family fun day at Killalea State Park saw around 80 people turn up anyway, united in their fight to save the park from the proposed development.

Spokeswoman for Save Killalea Alliance, Ms Mairi Petersen said “The general tenor of Sunday’s gathering was one of quiet jubilation, despite recent revelations that the developer, Killalea Coastal Investments had been discreetly petitioning the minister for a section 3A determination to suspend the normal planning assessment processes.”

“They knew that the principals of KCI might be in difficulty as the share prices of both Babcock and Brown and Mariner Financial fell on the stock exchange last week.”

Babcock & Brown respond to AGM concerns on Killalea

The concerted pressure of a protest by the Save Killalea Alliance and the South Coast Labor Council, a question from a shareholder re the development, and queries about their 'broken model' from Stephen Mayne have finally gained a response.

Babcock replies to Mayne Report comments

Babcock spinner Kelly Hibbins has just emailed through this detailed response to some of the material appearing in our "Babcock package", plus comments made during this interview with 702 ABC Drive presenter Richard Glover last Friday.

Do you oppose the development at Killalea?

The commercial development at Killalea State Park looks set to be scaled back, but opponents say the resort would still ruin the iconic surf destination.

It is understood that the developer has submitted new preliminary plans for significantly less units than the 202 proposed for The Farm. While it has not been made public, sources close to the development confirmed yesterday the plans had been changed

It is understood from sources within the Department of Planning that the developer is prepared to modify its original proposal by eliminating Zone B – which consists of 91 lower budget-style accommodation units, each comprising multiple adjoining suites with infrastructure support – from the present proposal.

Killalea Coastal Investments spokesman Peter White said the company would not comment on details until a final proposal was ready. He said the plans were with the department.

It is unclear why there have been difficulties gaining confirmation of an amended plan lodged with the Department of Planning. It indicates the lack of genuine transparency in information and process, Ms Sonya McKay co-ordinator of the Illawarra Community and Environment Connection stated.

Although the proposal has been downgraded it is still a significant development that will impact on two areas of the park including the area affectionately known as ‘The Farm’.

Development in the valley area could mean that it relates to land development within a sensitive coastal location (within 100m of a wetlands (no. 374b) which forms part of the Dunmore Wetland Catchment Protection Area) that could be considered criteria towards a ‘major project’ determination. This is why further analysis is required with the suggestion that this area has been deleted in the amended plans.

Research is occurring into whether the amended plan is likely to be considered a ‘major project’ coming under the decision making processes of the state government. If it is not considered a ‘major project’ then there is the possibility that it could fall under Shellharbour Council’s decision making processes.

There are concerns that this is occurring at a time when Shellharbour Council’s Local Environmental Plan permits 'tourist facilities' for the majority of the park, the corporate sector of council needs further investigation, and Councillors have been dismissed and replaced by an Administrator.

Even though this is the case the suggested developers concept plans on relevant internet sites still appear to promote tourist facilities that exceed Shellharbour Council permissible uses.

Moves are occurring to engage in meaningful communication with the Administrator in order to relay community concerns over Shellharbour Council's Local Environment Plan and proposed development at Killalea State Park. This includes inviting the new Administrator to a public meeting proposed for 23 July 2008 at 7:00pm at The Rail Community Centre, cnr of Ash Ave and Tongarra Road, Albion Park Rail. An unsuccessful request was also made to Shellharbour Council asking for a presentation in front of council as a whole.

Further concerns exists because the Development Agreement allows for a minimum amount of units in each of the three zones (Zone A - 66 units; Zone B - 62 units; and Zone C - 34 units) which has led to questioning whether further development may still be proposed down the track.

The developers should confirm whether the proposal has decreased by almost half from the number permitted in the Development Agreement (202), or another amount, and if so whether they will rule out pursuing their minimum developer requirements into the future to develop the valley at a later stage.

Whatever the outcome over 15,000 signatures have been collected opposing the leasing and development of the park, while over half of the respondents in the developers survey opposed development with around 80% suggesting that nothing would change their opinion.

The Farm at Killalea State Park is set to become a National Surf Reserve after surfer Chris Homer's nomination was accepted.

Professor Andrew Short is deputy chair of the reserve committee that picked Killalea from piles of applications.

The surf reserve push was supported by the NSW Department of Lands, which also has the job of giving it the final tick after Mr Homer consults the community. He does not miss the irony that this same government department looks after the Crown Land that surrounds The Farm, and is behind the plans to sell the development lease for a resort to be built on the ridge above the surf beach.

The reserve still has to be gazetted by the State Government and the official reserve ceremony is likely to take place early next year.

Parliamentary reports relating to questions about Killalea State Park raised by Sylvia Hale (Greens, MLC)