Mid Coast Council has convinced the Land and Environment Court to extend a stop work order on a large tract of Port Stephens’ waterfront land.
The stop work will run until 24 March, at which point the court will assess six separate affidavits alleging serious environmental damage and unauthorized work.
The land, which is owned by Mr Phillip Dong Fang Lee’s LDF Enterprises (formerly Tea Garden Farms Pty Ltd), covers the iconic 409 ha Fame Cove/North Arm Cove waterfront site on the northern foreshore of Port Stephens.
Site inspections by Council officers left them appalled by the prolific devastation that has resulted from work being carried out without permit or consultation.
The site’s high conservation value, including its 6 km of pristine waterfront, has resulted in detailed ecological and environmental reports being prepared by Council.
The developer has previously incurred fines and costs in excess of $250,000 for major environmental breaches on this site.
These fines and the latest court action have not deterred the developer who recently lodged a development application to construct a quarry on this highly sensitive site. The application speaks of mining 25,000 cubic metres each year and a development cost of $400,000.
Mr Len Yearsley, vice-president of the North Arm Cove Residents Association, said he feared that, if approval for the quarry was granted, the developer will breach the conditions imposed and simply pay any fines imposed.
“With heavy machinery operating, along with blasting and a crushing plant, the noise and dust impact on the surrounding residential areas of Bundabah and North Arm Cove, which is just a short distance across the water, would be significant,” he said.
“There is no shortage of commercially available stone available from an existing local quarry near Karuah without creating further environmental damage to a site that is already subject to legal action due to ongoing breaches of development approvals.”
