410. By appointing certain persons to the Board of PINP, pursuant to the powers conferred upon former Minister for Conservation and Land Management by Crown Land (Reserves) Act (1978), being persons who have actively opposed the application by the Claimant for the planning permit, the State has failed to use its best efforts to do all things desirable to give full effect under DCA and COMA and has hindered the Claimant in the performance of its obligations under DCA and COMA. The Claimant alleges that the appointment of these ‘Objectors’ to the Board has resulted in PINP developing an unco-operative attitude in its dealings with it.

411. One of these persons is one Robert Baird, who, in November 1996 had published a letter in a newspaper circulating in South Gippsland, in which he urged Bass Coast Shire Council to reject the application by the Claimant for a planning permit and suggested, as an alternative, a development of a scale and design more appropriate for the Site and that it be managed by PINP. The other person is one Margaret Hancock, who has served as an officer of Phillip Island Conservation Society (PICS). In 1996 she had sent a letter to Bass Coast Shire Council, objecting to the granting of a planning permit on the grounds that the private development of Point Grant would restrict access by private vehicles, and the public to ‘public land’ controlled by private business.

412. The Claimant alleges that the State, by appointing these persons to PINP Board, and renewing the appointment of Robert Baird in late 1996 and Margaret Hancock in 1998, had failed to use its best efforts to do all things necessary or desirable to give full effect to DCA, COMA and the other agreements. The Claimant also alleges that the State breached the same terms of DCA and COMA by failing to remove these persons from the Board. By appointing these persons to the Board the Claimant asserts that they have caused PINP Board to act in a manner which was contrary to COMA and contrary to the interests of the Claimant which has resulted in PINP not co-operating with Claimant as intended under COMA.

417. I am not satisfied on the balance of probabilities that the State has failed to use its best efforts under DCA and COMA in appointing and renewing the appointment of Mr Baird and Ms Hancock to the Board of PINP or in failing to remove them. Nor am I satisfied that the State, by appointing them or renewing their appointment, has failed to discharge its obligations under DCA, COMA and other Agreements, so that it has failed to discharge or further the Objectives of the parties.

418. I find that the Claimant has failed to establish this claim against the State.

• Putting Seal Rocks on a sustainable business footing;
• Identifying ways in which the Penguin Parade and
• Seal Rocks can work together; and

  Recommending ongoing governance arrangements.

Ms Garbutt said the taskforce would remain in place for the next six months, by which time a permanent general manager and a new permanent board would be named.

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BURKE’S BACKYARD AT VENTNOR COMMON

Phillip Island Landcare announces:

"We won!!!! Burke’s Bigger Backyard Landcare Environmental Rescue has chosen Phillip Island Landcare to receive a Landcare environmental make-over. Works for the project will be carried out at Ventnor Common the first weekend of October.

The busy weekend will include construction of new paths, wetlands, weed control, removal of pines and will be part of an hour-long special on ‘Burke’s Backyard’. The big announcement was made during the screening of ‘Burke’s Backyard’ on 23 August.

The aim of the Environmental Rescue project is to raise awareness of Landcare while achieving real on-ground change. The Environmental Rescue plans to show that a community can work together to do a tremendous amount of work with help from government and business. In order to make real progress in the 3 days that will be filmed, we need to round up as many volunteers as possible. We are hoping to get people coming from the surrounding areas and as far as Melbourne to help out. Come along and you may be a television star on ‘Burke’s Backyard’ whilst rubbing shoulders with national celebrities."

To volunteer for this project you must be officially registered. There are several ways to get a registration form (one form does the whole family): Call PI Landcare (Kellie or Kerstie) on 5952 5403; email them at landcare@waterfront.net.au, or if you are on the island, pick up forms at the Anchorage Store, Ventnor. You may also download the registration form from the PICS website.

The PICS constitution has been revised. This revision was necessary for two reasons. First, in order to gain tax-deductibility status, specific sections must be added to the constitution. Second, after more than 20 years the constitution has been updated to meet current needs of the Society.

The PICS committee has reviewed proposed changes to the constitution and approved additions and alterations. This revised document is on the PICS website on http://home.vicnet.net.au/~piconsoc/constn.html. If you would prefer to receive a paper copy of the revised constitution, please ring/fax Margaret Hancock (5952 2557) or write to PO Box 548, Cowes, Victoria 3922.

In accordance with the rules for changing the constitution, a Special General Meeting will be held on Saturday, 12 October at 8 pm (Heritage Centre, Cowes) to discuss the changes. This meeting will be asked to vote for or against the changes. No other business will be conducted and we anticipate one of the shortest meetings ever held by PICS!

Before the meeting, we urge all members to read the revised constitution and contact any committee member with queries or suggestions. If you cannot attend the meeting, please use the proxy form to cast your vote. We hope this constitution will last at least another 20 years, so please take this opportunity to have your say.

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PHILLIP ISLAND & SAN REMO DESIGN FRAMEWORK

The Steering Committee’s job is almost completed, we’ve worked through what is, for us, our last draft, and it’s gone back to the consultants. After a final ‘brush up’ it will go to the Bass Coast Shire Council for approval. And then . . . work can begin on developing a stronger Municipal Strategic Statement and Planning Scheme.

By Margaret Hancock

For many years PICS has been campaigning for lower speed limits on Phillip Island. Earlier in the year a number of PICS members took part in a ‘Roads Forum’ conducted by the Bass Coast Shire Council in conjunction with VicRoads. The result of that Forum was loud and clear – just two speeds: 50 kph in built-up and environmentally sensitive areas and 80 kph for the rest.

The 50/80 concept has been reinforced in comments received during the public comment stage of the Phillip Island and San Remo Design Framework and is included in the final recommendations of the Steering Committee to the Shire Council.

Just imagine – one sign at the Newhaven end of the bridge: "YOU ARE ENTERING 50/80 ISLAND" and the removal of who knows how many 100/90/80/60/50 signs!

By Margaret Hancock

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PLANNING ISSUES

The Clock Café Site: On June 17th and 18th at VCAT, PICS supported the Bass Coast Shire Council’s decision to refuse a permit for the construction of a five-storey apartment block (19 units) on the Clock Café site.

PICS originally objected to this proposal on these grounds:

• Over-development of the site
• No provision in design for public interface at street level
• Inadequate setback from Findlay Street and The Esplanade
• Inadequate spaces for appropriate landscaping.

As we go to press, the VCAT decision has not been received.

Hollydene: PICS is appealing AGAINST Bass Coast Shire Council’s decision to grant a permit for a motel complex including ancillary uses being retail, restaurants, conference center and recreation facilities on the Hollydene site. This is a five-storey development and if allowed, would be the first of such a height in the ‘high part’ of Cowes. The VCAT Hearing will be held at the Heritage Centre in Cowes on Thursday 10th and Friday 11th of November at 10 am. If you have not previously been to a VCAT Hearing come along to this one. It is a great opportunity to find out how the appeal system operates. You never know when you personally may be involved.

The Isle of Wight: an article in The Advertiser 23.1.02 stated "The new design incorporating 150 accommodation rooms and full international facilities, including tennis court, swimming pool, spa room, restaurant and bistro with the exclusion of a major convention area". Well, that sounded OK!

The proposal we opposed in 2000 incorporated 257 accommodation rooms and conference facilities. Obviously if you drop over 100 accommodation units and conference facilities, the building can be made much smaller. HOWEVER, at an Information Meeting convened by the proponent held on 24 August we were told that the new proposal is to have more than 220 accommodation units AND conference facilities. So, size-wise and parking-wise, we seem to be going back to the same problems of two years ago!

Another meeting will be held with the developers on Tuesday 16 September 2002, so we will be able to report progress to you at the PICS General Meeting.

Fish and Yabby Farm, Corner of Newhaven-Rhyll Roads and Cowes-Rhyll Roads, Rhyll. PICS have objected to this ‘sketch plan’ proposal. There are all sorts of complications here, especially drainage and effluent to Rowell’s Swamp/Rhyll Inlet. And there are complications with fish farming next to a cormorant breeding ground and on a pelican flight path. And, surely if you are going to catch and cook your trout, there are all sorts of Health Department regulations!

This proposal will have to be greatly clarified before PICS can withdraw its objection.

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NEWS FROM CHURCHILL ISLAND

Ranger Scott Campbell’s report:

"There have been lots of good changes to Churchill Island recently but our precious island still retains its own identity.

• Rabbits have finally all been eradicated and the regeneration taking place is quite amazing.
• The wetlands area is developing and will become an impressive part of the island.
• We have about 4000 trees to plant; all we need is rain!
• Unfortunately there are plenty of rats about.
• We have a new addition to our working horses – ‘Barney’, a 17-hands high furrow horse.
• A hen house and run has been built.
• Preparations for our new hay shed continue, with foundations ready to start.
• The cannon’s restoration is complete and it is back in its rightful place.

FOCIS news from Julie Box:

• The new constitution has been completed and ratified.
• Bimonthly meetings of the committee at Churchill Island are very successful.
• Peter Royce and Pauline Taylor have unfortunately had to retire. FOCIS thanks them for their hard work.
• This year’s Working Horse Festival was the most successful and well attended yet. Thanks to all volunteers.

OCTOBER IS BUSH MONTH

You probably all know about the Open Gardens Scheme. Now there is a scheme for visiting ‘Bush’ preserved on private property. The Trust for Nature has a wonderful brochure (given to me by the hand-made soap lady at the Cowes Craft Market) detailing 45 properties throughout Victoria which you can visit on specific dates during October. Entry is by $6 donation. The brochure explains:

"October is a wonderful month for those people who enjoy walking through Victoria’s many natural landscapes. Trust for Nature – with support from local Catchment Management Authorities, Trust supporters and covenantors – opens some of the best bush properties for everyone to enjoy. Each of these is permanently protected and offers a different view of this state’s diverse plant and animal communities. In many cases, you will see habitat on these privately owned properties that is not well represented in our State and National Parks."

Contact the Trust for Nature on Tel: 9670 9933; Fax: 9670 9977; Email: trustfornature@tfn.org.au or see their website on www.tfn.org.

By Christine Grayden

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