28 Shell Cove- Marina Plan Back To Court

THE Shell Cove marina proposal heads back to the Land and Environment Court tomorrow as protesters continue their fight to stop the development. The court will hear an application that development consent for the marina has lapsed because no work was carried out within five years of the approval given in January 1997. The hearing comes amid separate claims that Shellharbour City Council could be in contempt of court after it cleared the Aboriginal tent embassy on the site last Thursday. The council switched tactics last week and dropped its Land and Environment Court action to remove one of the campers. That meant the council was no longer bound by an undertaking not to interfere with the campers while the application remained before the court. Instead, the council used its common law rights as owner of the land to clear the area on the basis camping on that site was illegal. The council said the unoccupied camping equipment was removed last Thursday, but protesters claim some tents were cleared earlier…. Mr Oshlack contended that last week's clearing of the embassy had provided him with further legal ammunition to press his case. 'An inspection of the land where the embassy was situated revealed 10 separate Aboriginal artefacts have been disturbed without consent,' he said. 'We've been putting together an affidavit for the litigation commencing Wednesday that this is in breach of the National Parks and Wildlife Act.' more @ http://www.illawarramercury.com.au/articles/2005/04/19/1113854171763.htm check the Late April archives on this blog or this website for further info Reclaim Shell Cove Embassy http://www.savelakecowal.org/shellcove.html