BY CAROL BERRY
WOLLONGONG — Stages 2-6 of the upmarket housing development at Sandon Point were approved in a decision by the NSW Land and Environment Court last week. The decision on the first stage of the development has yet to be handed down. The Northern Illawarra Residents Action Group (NIRAG) is now considering other options for preventing the development from proceeding.
I represented NIRAG in the Land and Environment Court over stage 1 of the development in the case of Stocklands (Constructors) Pty Ltd versus Wollongong City Council. NIRAG was not able to be technically joined as a party to the proceedings but we did win the right to call witnesses and to present an oral submission regarding Aboriginal heritage. Whether or not the evidence presented by NIRAG will be factored into the decision remains to be seen.
The basis of our argument was that no independent Aboriginal heritage study of the site has been conducted to enable the court to make an informed decision in regard to the site's importance for Aboriginal people.
Stocklands presented evidence to the court outlining the results of a preliminary archaeological dig undertaken on stage 1 of the site. We argued that a comprehensive heritage study was required, including a more extensive archaeological investigation.
Stocklands argued, on the basis of the findings of their dig, that, "The potential for in situ Aboriginal artefactual material to be present within the stage 1 development area is considered to be nil". Not surprising.
Wollongong City Council resolved on March 19 that it required an "independent, adequate, representative and consultative" Aboriginal heritage study to be conducted on the entire Sandon Point site, including stage 1, before making a decision on the development.
Oddly enough, Wollongong council's lawyers seemingly were instructed not to argue Aboriginal heritage in court for both the stage 1 and stages 2-6 cases, leaving the job to NIRAG. The council also has seemingly "backpedalled" and "signed off" on a whole range of issues, much to the confusion and concern of many residents.
Is Stocklands getting heavy-handed with the council behind closed doors and threatening to sue? Was an assurance given to Stocklands at some point by council officials that the development would be approved and that the council grossly underestimated community opposition? It is difficult to know for sure.
At Sandon Point there is an enormously significant Aboriginal site (now we'll never know how significant, unfortunately), with the discovery of the 6000-year-old skeleton — "Kuradgi Man" — found in very close proximity to the development site. There are also other archaeological finds scattered across the site.
The inadequacy of the court's attempts to measure, and give proper recognition to, indigenous rights and interests is sadly a product of a broader problem of limited cultural understanding and respect for Aboriginal heritage.
Must we continue to blindly disregard the interests of this land's original owners and dispossessed inhabitants and yet have the audacity in the same breath to speak of "reconciliation"? The lack of proper consideration of Aboriginal heritage concerns, as well as other issues at Sandon Point, is nothing short of a disgrace, and is yet another example of inadequate consultative decision-making.
[Carol Berry is part of NIRAG's legal team and the Greens' candidate for the federal seat of Cunningham.]