❓ A WA parliamentary question on notice addresses the Port Geographe Development, specifically stages three and four, focusing on compliance with subdivision approval conditions, flushing studies, and water body management plans. Clearance for these stages was issued based on a Settlement Deed involving bank guarantees and participation in an Expert Working Party mediation process.
AnsweredQoN 717Legislative Council
QuestionView source ↗
I refer to the Port Geographe Development, and ask -
(1) Has the WA Planning Commission (WAPC) issued clearance for the issue of residential lot titles for stages three and four of the Port Geographe Development?
(2) Has the Port Geographe developer complied with condition 22 of the subdivision approval for the development?
(3) Is the WAPC satisfied that condition 22 has been cleared?
(4) Has the Port Geographe developer lodged with the relevant approval agencies, an adequate flushing study and artificial water body management plan?
(5) Have the relevant approval (clearing) agencies informed the WAPC, that they are satisfied with the flushing study and artificial water body management plan?
(6) If no to (4), will the Minister explain the basis on which clearance of stages three and four was issued?
(7) Were any arrangements entered into with the Port Geographe developer in exchange for the clearance of stages three and four?
(8) If yes to (7), what are the details of the arrangements entered into?
(9) Did the Port Geographe developer give any undertakings in exchange for the clearance of stages three and four?
(10) If yes to (9), what are the details of the undertakings given by the developer and the timeline for performance of the undertakings?
(1) Has the WA Planning Commission (WAPC) issued clearance for the issue of residential lot titles for stages three and four of the Port Geographe Development?
(2) Has the Port Geographe developer complied with condition 22 of the subdivision approval for the development?
(3) Is the WAPC satisfied that condition 22 has been cleared?
(4) Has the Port Geographe developer lodged with the relevant approval agencies, an adequate flushing study and artificial water body management plan?
(5) Have the relevant approval (clearing) agencies informed the WAPC, that they are satisfied with the flushing study and artificial water body management plan?
(6) If no to (4), will the Minister explain the basis on which clearance of stages three and four was issued?
(7) Were any arrangements entered into with the Port Geographe developer in exchange for the clearance of stages three and four?
(8) If yes to (7), what are the details of the arrangements entered into?
(9) Did the Port Geographe developer give any undertakings in exchange for the clearance of stages three and four?
(10) If yes to (9), what are the details of the undertakings given by the developer and the timeline for performance of the undertakings?
AnswerView source ↗
Answered
3 June 2009
Responded by
Minister for Child Protection representing the Minister for Planning
Response time
28 days
(1) Yes
(2) Yes. It should be noted that condition 22 has been modified as part of a recent SAT Review process. Condition 22A relates to stages 3 and 4 and has been complied with. (See Annexure A)
(3) Yes (amended condition 22A)
(4) No. This is being developed by an Expert Working Party in a formal State Administrative Tribunal mediation process, assisted by an independent expert in the field of canal flushing.
(5) No - see above. The relevant agencies each have participants in the Expert Working Party process, a number of which are experts at a national level.
(6) Clearance to Stages 3 and 4 was issued on the basis of a 'Settlement Deed' which commits the Developer to provide bank guarantees and participate in the Expert Working Party SAT mediation process.
(7) Yes - see (6) above
(8) See (6) above.
(9) Yes. The undertakings form part of the Settlement Deed.
(10) see Annexure B
Annexure A
Amended condition 22A
Prior to the approval of a diagram or plan of survey for Stages 3 or 4 (as shown on Staging Plan P726-C09-B dated 18 October 2005 as amended from time to time) the subdivider is to agree to a process involving an Expert Working Group and the State Administrative Tribunal as detailed in the deed entered into with the Western Australian Planning Commission and the Shire of Busselton in March 2009 (
Deed
) which will revise the Management Plan to accommodate the additional stage(s) in a manner which addresses:
(i) the matters referred to in Condition 22(i) and (iv) - (x), (as applicable to Stages 3, 4, 5 and 6);
(ii) a survey of the artificial waterways as constructed as part of Stages 3, 4, 5 and 6 prior to flooding, noting that the survey will depict any temporary bunds still in situ as part of the construction process, and a hydrographic survey of the artificial waterways constructed as part of Stages 3, 4, 5 and 6 after flooding and removal of any temporary bunds;
(iii) a flushing model and a nutrient dynamics model for all artificial waterways in Stages 1-16 of the subdivision;
(iv) proposed arrangements for flushing and water quality protection for artificial waterways constructed as part of, and prior to, Stages 3, 4, 5 and 6 based on the outcomes of the flushing and nutrient dynamics model referred to in Condition 22A(iii);
(v) proposed arrangements for water quality protection for all artificial water ways and, if necessary, artificial water bodies in Stages 1-16 of the subdivision based on the outcomes of the flushing and nutrient dynamics model referred to in 22A(iii) and 22C(iii) (noting that the water from the lake is to be contained on site other than extreme flood events) to the satisfaction of the Western Australian Planning Commission (Local Government).
Annexure B
Undertaking from Developer and Timeframes
1. Prior to execution of the Settlement Deed Developer provided a bank guarantee in the amount of $2.5 million to secure the completion of satisfactory flushing and nutrient dynamic models (
Models
) and revision and implementation of the Artificial Waterways Management Plan (
Plan
), including the installation of any artificial flushing mechanism recommended by the revised Plan;
2. Prior to endorsement of the Deposited Plan for Stages 3 and 4:
(a) An Expert Working Party (
EWP
) was formed
(b) Navigation of the canals in stages 1 to 4 are prohibited until completion of the necessary canal bed surveys and any remedial works arising in these stages.
3. Prior to the commencement of construction of stages 5 and 6:
(a) The Developer's construction plans must meet the Shire's requirements, including accommodating any artificial flushing system recommended by the revised Plan.
(b) The Developer must complete canal bed surveys and any remedial work for the canals in stages 1 to 4;
(c) The Developer must collect data for the March sampling period for input into the Models;
(d) Within 21 days of the date of the Settlement Deed:
(i) the EWP must confirm methodology calibration inputs and parameters for the Models; and
(ii) the Developer must start 'running' the hydrodynamic model with the March data, subject to any variation of the Settlement Deed if SAT mediatior is satisfied that the EWP can reach agreement as to the methodology, calibration inputs and parameters of the Models, but, despite the best efforts of the Applicant, has not been able to do so within the time required. [NB the SAT mediator has recently indicated that he is so satisfied and accordingly variation of the Settlement Deed is anticipated]
(e) The Developer to provide a second guarantee in the sum of $2.5 million.
4. Prior to seeking endorsement of the deposited plans for stages 5 and 6 the Developer will provide a third guarantee in the sum of $3 million
5. The Developer will refrain from selling lots in stages 7 and onward pending the completion and/or determination of the revised Plan.
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(2) Yes. It should be noted that condition 22 has been modified as part of a recent SAT Review process. Condition 22A relates to stages 3 and 4 and has been complied with. (See Annexure A)
(3) Yes (amended condition 22A)
(4) No. This is being developed by an Expert Working Party in a formal State Administrative Tribunal mediation process, assisted by an independent expert in the field of canal flushing.
(5) No - see above. The relevant agencies each have participants in the Expert Working Party process, a number of which are experts at a national level.
(6) Clearance to Stages 3 and 4 was issued on the basis of a 'Settlement Deed' which commits the Developer to provide bank guarantees and participate in the Expert Working Party SAT mediation process.
(7) Yes - see (6) above
(8) See (6) above.
(9) Yes. The undertakings form part of the Settlement Deed.
(10) see Annexure B
Annexure A
Amended condition 22A
Prior to the approval of a diagram or plan of survey for Stages 3 or 4 (as shown on Staging Plan P726-C09-B dated 18 October 2005 as amended from time to time) the subdivider is to agree to a process involving an Expert Working Group and the State Administrative Tribunal as detailed in the deed entered into with the Western Australian Planning Commission and the Shire of Busselton in March 2009 (
Deed
) which will revise the Management Plan to accommodate the additional stage(s) in a manner which addresses:
(i) the matters referred to in Condition 22(i) and (iv) - (x), (as applicable to Stages 3, 4, 5 and 6);
(ii) a survey of the artificial waterways as constructed as part of Stages 3, 4, 5 and 6 prior to flooding, noting that the survey will depict any temporary bunds still in situ as part of the construction process, and a hydrographic survey of the artificial waterways constructed as part of Stages 3, 4, 5 and 6 after flooding and removal of any temporary bunds;
(iii) a flushing model and a nutrient dynamics model for all artificial waterways in Stages 1-16 of the subdivision;
(iv) proposed arrangements for flushing and water quality protection for artificial waterways constructed as part of, and prior to, Stages 3, 4, 5 and 6 based on the outcomes of the flushing and nutrient dynamics model referred to in Condition 22A(iii);
(v) proposed arrangements for water quality protection for all artificial water ways and, if necessary, artificial water bodies in Stages 1-16 of the subdivision based on the outcomes of the flushing and nutrient dynamics model referred to in 22A(iii) and 22C(iii) (noting that the water from the lake is to be contained on site other than extreme flood events) to the satisfaction of the Western Australian Planning Commission (Local Government).
Annexure B
Undertaking from Developer and Timeframes
1. Prior to execution of the Settlement Deed Developer provided a bank guarantee in the amount of $2.5 million to secure the completion of satisfactory flushing and nutrient dynamic models (
Models
) and revision and implementation of the Artificial Waterways Management Plan (
Plan
), including the installation of any artificial flushing mechanism recommended by the revised Plan;
2. Prior to endorsement of the Deposited Plan for Stages 3 and 4:
(a) An Expert Working Party (
EWP
) was formed
(b) Navigation of the canals in stages 1 to 4 are prohibited until completion of the necessary canal bed surveys and any remedial works arising in these stages.
3. Prior to the commencement of construction of stages 5 and 6:
(a) The Developer's construction plans must meet the Shire's requirements, including accommodating any artificial flushing system recommended by the revised Plan.
(b) The Developer must complete canal bed surveys and any remedial work for the canals in stages 1 to 4;
(c) The Developer must collect data for the March sampling period for input into the Models;
(d) Within 21 days of the date of the Settlement Deed:
(i) the EWP must confirm methodology calibration inputs and parameters for the Models; and
(ii) the Developer must start 'running' the hydrodynamic model with the March data, subject to any variation of the Settlement Deed if SAT mediatior is satisfied that the EWP can reach agreement as to the methodology, calibration inputs and parameters of the Models, but, despite the best efforts of the Applicant, has not been able to do so within the time required. [NB the SAT mediator has recently indicated that he is so satisfied and accordingly variation of the Settlement Deed is anticipated]
(e) The Developer to provide a second guarantee in the sum of $2.5 million.
4. Prior to seeking endorsement of the deposited plans for stages 5 and 6 the Developer will provide a third guarantee in the sum of $3 million
5. The Developer will refrain from selling lots in stages 7 and onward pending the completion and/or determination of the revised Plan.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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