The General Manager
Eurobodalla Shire Council
PO Box 99
MORUYA NSW 2537

PROPOSED SAND MINING AT "THE MOORINGS". TOMAKIN

According to an item in the local newspaper, the Weekes want to use "The Moorings", Tomakin, as a sand mine. Our Association requests a copy of the approval that allows this to occur and also a copy of the licence to operate the quarry.

BACKGROUND
"The Moorings" has a long and frequently disturbing history. What began as an application for a single storey motel in 1979 was modified so often over the years in such an ad hoc fashion that, according to reports to Council, many necessary environmental studies were never done, the required waterfront reserve was never dedicated, and Section 94 contributions were severely affected.

A report to Council on 14 June 1988 (page 1.25) lamented the numerous amendments to the original development approval saying "the approval process has meant that no one, Councillors, the staff or the public are generally cognizant with the overall development". It went on to promise that "all further development will be subject to two rationally appraised and approved development applications. The current one and an agreed one in the near future."

Despite this the modifications and amendments have continued unabated. Once again the owners of "The Moorings" are seeking to undermine the environmental and planning safeguards of the Shire. In the past they have been very successful in manipulating Council to get what they want. Our members urge Council to ensure it does not happen again.

PAST SAND MINING
In 1993, when the golf course was being constructed, the developers were allowed to sell up to 57,763 cubic metres of spoil from the construction of the ponds. According to the legal opinion given to Council at that time (Report to Council, 28 Sept 1993 page 3.58) this was not considered an extractive industry because the solicitor did "not believe that, at present the proprietors are obtaining income from the land by the sale of the extracted material" The solicitor argued that the sale of spoil from extraction to construct the ponds merely "off-set the cost excavation" !! The opinion is very questionable but even so there can be no such argument this time.

The developers were able to operate a sand quarry in the past, undercutting prices of legitimate quarries by not meeting the requirements that approved quarries must meet. The consent to sell sand removed during the development of the golf course and driving range pond has lapsed.

Arguments published by the owners for renewed mining are not credible.

• To reduce weed growth - The ponds are simply the water table exposed at the surface and depth will fluctuate with seasonal conditions. Nutrient enrichment is probably more of a factor in weed growth.
• The sandy sides of the ponds will collapse so eventually they will be wider and shallower. How will this affect the buffer zone of Casuarinas along George Bass Drive that Council demanded be replanted?
• To improve the driving range - This can be achieved without deepening or widening it.
• To irrigate the golf course - The existing ponds are exposures of the water table, if water is removed they will refill from the surrounding sands. However, more water will be wasted to evaporation if they are enlarged. It would be better to use bore pumps to obtain water where needed.

The most credible reason was omitted - to make a profit by operating a sand quarry at minimum cost.

SAND MINING IN AREAS WITH A HIGH WATER TABLE
We were advised by Council in November1996 that Schedule 3 of the Regulations had changed. In future proposals of this scale in high water table areas would be a designated development. Is this still the case?

SAND EXTRACTION AT THE MOORINGS SHOULD BE ASSESSED AS A QUARRY
If there is to be a sand quarry at The Moorings then it should be approved as such and should meet all licence requirements.

A proper environmental impact study needs to be conducted and all conditions and requirements that apply to other quarries should apply at "The Moorings". Royalties should be set at a level so that the mine is not able to unfairly compete with other quarries in the Shire and so that Council can recover some of the costs that will result from damage to Shire roads. Quarterly returns on the amount excavated are suspect unless they are verified by an independent expert since royalties paid depend on the volume sold.

Our Association requests a copy of the approval that allows sand mining at "The Moorings" to be renewed and also a copy of the licence to operate this quarry.

Jenny Edwards, Secretary CC all Councillors