Council Minutes 16 April 2007 - Waratah-Wynyard Council

Planning Authority Reports
Creek to proceed to the subdivided
lots. The bridge over the creek would
seem to make an ideal draw point for
water.
Mr Chris Bartlett
It is not considered that matters raised
by Tasmania Fire Service negate the
matters under LUPAA to be
considered by the Planning Authority.
The matters raised by Mr Bartlett are
in the main a restating of issues raised
by Mr Densley and Tasmania Fire
Service.
Mr Bartlett does encourage Council to
retain the Dam on threatened species
grounds and raises case law, which he
argues may make draining the dam
unlawful.
The issue of removal of any
threatened species found under permit
conditions from DPIW is included in
advice from DPIW.
Should draining the dam be unlawful
as encouraged by Mr Bartlett and
absent any amendment by the
Planning Authority then the
threatened species argument would
preclude any development of Stage
four of the subdivision.
In such a case the threatened species
legislation should preclude DPIW
from issuing a permit for draining the
dam and, as sealing this Stage four
includes draining the dam, this would
appear to be counterproductive to the
developers’ plans.
There has been no evidence of an
active ecosystem including threatened
species, platypus, wild fowl and
vegetation. The submitted
photographs depict a rather barren
farm dam.
Waratah-Wynyard Council – Ordinary Meeting Minutes – 16 April 2007 Page 32