Return to home page

Council gives conditional approval for Splendour in the Grass Festival to be held at Yelgun in 2009

Byron Shire Council has ignored community objections and given qualified approval for the 2009 Splendour in the Grass Festival to be held at the controversial Yelgun site, north of Ocean Shores. The decision threatens the future of the Marshall's Ridge wildlife corridor that links the renown World Heritage area of the Mt. Warning caldera to the Billinudgel Nature Reserve, as well as other coastal reserves such as the Wooyung, Marshall’s Creeks and Brunswick Heads Nature Reserves.   

More than 50 Threatened Species have been recorded for the Billinudgel Nature Reserve (BNR), with approximately 26 threatened fauna species recorded for the wildlife corridor alone. Significant areas of koala habitat occur along Marshall's Ridge and adjacent floodplain, as indicated by numerous koala records.

Approval for the 2009 Festival to be held on the site was given at a special meeting on July 31, before Council goes into "caretaker mode" ahead of the Local Government elections in September. No major decisions can be taken in the pre-election period.

The approval is for a one-off trial event at the site, conditional on a number of matters being satisfied, particularly the protection of aboriginal heritage sites, and is subject to the preparation of a Biodiversity Management Plan. It also calls for a koala survey to be undertaken this summer to establish a baseline population at the site.

Consent is limited to the use of the site for the festival, incorporating temporary camping and carparking, and the provision of temporary - and some permanent - infrastructure to facilitate the event. The permanent infrastructure approved by Council will be:

- Construction of new intersection and property access road from Tweed Valley Way;
- Construction of new internal gravel access roads from Tweed Valley Way intersection to carparking areas; Construction of internal gravel roads from carparking areas to camping and event areas;
- Construction of new and upgrading existing internal gravel roads;
- Construction of vehicle and pedestrian underpass beneath Jones Road (with associated tree removal) to provide a link between the northern and southern portions of the property;
- Widening/Upgrading of Jones Road (with associated tree removal) for a distance of (nominal) 400m east from Tweed Valley Way and construction of internal gravel roads from Jones Road to event and camping areas;
- Pedestrian paths;
- Resource centre;
- Realignment, upgrading and modification of existing drains; and
- Revegetation, compensatory planting and environmental enhancement works.

The Council stresses that the works approved as part of the consent provide no leverage for future events to be carried out within the site, whether temporary or otherwise. Nor does the provision of infrastructure and the approval of a one off event guarantee that any future uses of the site will be supported by Council.

Byron Environment Centre is one of a number of environment organisations and community groups opposed to the use of the Yelgun site for music festivals. Scroll down for earlier information outlining the reasons for these objections.


Yelgun site map

This is an aerial view of the land at Yelgun, just north of Ocean Shores, which developers want to turn into a permanent site for festivals. Click on the map to see a larger version. The new Pacific Highway runs through the centre of the map. The Tweed Valley Way exit to Murwillumbah is in the middle.

Key
1A -General Rural Zone
1B -Agricultural Protection Zone
7B -Coastal Habitat Zone
7K -Habitat Zone
8A -National Parks and Nature Reserve Zone.

(Disregard letters 'C' and 'H' shown on the map)

For a detailed map of the site in pdf format, click <here>

BEC and other environmental organisations in the Byron Shire oppose the plan:

Byron Shire ‘green groups’ are unanimous in their opposition to a site at North Ocean Shores / Yelgun being rezoned for a proposed regional cultural and event site to accommodate festivals such as ‘ Splendour in the Grass’. The three groups are BEC (Byron Environment Centre), BEACON (Byron Environmental and Conservation Organisation) and CONOS (Conservation of North Ocean Shores). All three groups have a long history with the site in question and have been involved for over 20 years with the long-term protection of its important natural and cultural values. The festival site

As far back as the late 1980s, and during ‘Alan Bond’s reign’, BEACON worked diligently in protecting the area against inappropriate and rampant development.

The photo on the right shows part of the site as it is now.

According to a statement by the three groups, their efforts convinced the Environment Minister to place an Interim Conservation Order over lands following the bulldozing of cultural areas and coastal melaleuca swamp forest. BEACON was also instrumental in the gazettal of the Billinudgel Wetlands as State Significant under SEPP 14 legislation.

CONOS was formed in 1992, however the two groups, in conjunction with the Byron Environment Centre, continued to work together and lobbied against the clearing of habitat and inappropriate development at North Ocean Shores.

A spokesperson for BEACON, Dave Saunders said: “To propose the festival at this location is a farce! It is contrary to the 1996 Local Environment Study undertaken by Rob Doolan of Balanced Systems Planning on behalf of Byron Council. Ninety-two per cent of the submissions received by Council, raised the issue of the need to protect the wildlife corridor. It is difficult to comprehend why Council would now try to undo this process, particularly in view of the fact that two separate commissions of inquiry into the rezoning recommended environmental protection due to the area’s outstanding natural and cultural values.”

CONOS continued BEACON's work and accumulated research, data and scientific studies on the flora and fauna of the area. Following extensive community lobbying in early 1995, the Coalition Government, via Don Page, purchased approximately 325 ha mainly SEPP 14 wetlands, which was to be the first step in the establishment of the Billinudgel Nature Reserve. As the importance of the natural and cultural values of the area became more evident, moves by the NPWS to protect the area from further clearing were undertaken. The NSW Labor Government issued interim protection orders over lands which were later added to the Reserve System, via a series of acquisitions. The high number of threatened fauna species reflects the variety of habitat types present within the wildlife corridor as well its proximity to the Billinudgel Nature Reserve.

Bob Oehlman, a spokesperson for the Conservation of North Ocean Shores, said: “The promoters of the festival site could not have chosen a more difficult site. Not only is it constrained by such things as the current zonings, widespread flooding, threatened species and ecological endangered communities etc., but it has a long and documented history of NSW State Government investment, intervention and protection. For Council to revisit the zoning which resulted from a Commission of Inquiry instigated by the NSW Planning Minister, can only be seen as ‘backward planning’ rather than ‘forward planning’.”

The promoters have indicated that the festival will accommodate approximately 23,000 patrons per day. With the proposed event site located slap bang in the middle of the State Significant Wildlife Corridor, it is predicted that Threatened Species will be severely impacted, the statement says.

The Byron Environment Centre is also opposed to the idea of a major festival site being located in a State Significant Wildlife Corridor. BEC says Marshalls Ridge (Jones Rd) wildlife corridor is identified in a number of reports and studies as an east-west habitat corridor linking the ranges of the Mt. Warning caldera with coastal lowland habitat areas. Its importance as a Wildlife Corridor is evidenced by the presence of fauna habitat and records of native fauna species, including threatened fauna. The accumulative impact of 23,000 visitors per day, associated traffic, rubbish etc, in conjunction with the high frequency noise booming from music events, in this day and age, is totally unacceptable in such an environmentally sensitive area.

The statement says the community is at a loss to understand why Byron councillors voted to proceed with an amendment to the LEP when Council has identified the area as...

  • All forest blocks within and adjacent to the event footprint are mapped as high conservation value vegetation under Byron Shire Council Biodiversity Conservation Strategy(2004).
  • Byron Shire Council Threatened fauna habitat modelling (BSC 2004) covers almost all forest vegetation within the event footprint. Similarly all forest vegetation within the event footprint is mapped as koala habitat (2004), with the drier floodplain forest and forest red gum dominated forests of the central and eastern portions of Property 2A mapped at the highest quality habitat for koalas.
  • Byron Shire Council wildlife corridor mapping (BSC 2004) incorporates all forested areas of the site, as well as intervening pasture areas.

The rezoning proposal went before Council at its last meeting in December 2006, just before the Christmas holiday break. Council did not consult with the community.

It is apparent that little research went into this decision and at a cost ratepayers can ill afford, the statement says.

Significance of the wildlife corridor

By Stan Scanlon CONOS

The Marshall's Ridge wildlife corridor links the renown World Heritage area of the Mt. Warning caldera to the Billinudgel Nature Reserve, as well as other coastal reserves such as the Wooyung, Marshall’s Creeks and Brunswick Heads Nature Reserves.   

More than 50 Threatened Species have been recorded for the Billinudgel Nature Reserve (BNR), with approximately 26 threatened fauna species recorded for the wildlife corridor alone. Significant areas of koala habitat occur along Marshall's Ridge and adjacent floodplain, as indicated by numerous koala records.

The high number of threatened species reflects the variety of habitat types present in the area.  'Landmark' has previously identified parts of the corridor as core koala habitat.

There are 32 archaeological sites (NPWS) recorded for the reserve and wildlife corridor. Marshall's Ridge is also documented as a ridge of 'high archaeological sensitivity'. (Navin,1990)  

The promoters propose to create access through Marshalls Ridge by excavating a 'cut and cover' tunnel. This is so they can bus 23,000 patrons a day from the car park (located south of the Marshall's Ridge) through the Ridge itself, to the festival & camping sites (located north of Marshalls Ridge)

Re-zoning of Wildlife Corridor

In 1996 Council resolved to rezone areas within the wildlife corridor.  92 per cent of the submissions received raised the issue for the need to protect the wildlife corridor in the area.  As a result, the NSW Planning Minister called a Commission of Inquiry to resolve the conflict of land use i.e. environmental versus agricultural.
  
During the Inquiry, numerous community, local and regional environment groups  supported Council, the NPWS and other government agencies in the protection of this significant corridor.  Commissioner Cleland acknowledged the vast amount of scientific data, records etc. presented to the inquiry and recommended stronger environmental zoning than proposed by Council.

He observed: "... the conservation of biological diversity necessitates the maintenance of wildlife corridors to promote genetic exchange between populations of native species and to enhance species survival in the long term."
  
The majority of land along the Jones Road wildlife corridor is now zoned for environmental protection ie. 7(k) Habitat, with a few small areas zoned as Prime Agricultural Land 1(b1).

'It should also be noted that Marshall's Ridge wildlife corridor was a major consideration during environmental planning for the Yelgun to Chinderah highway upgrade, which adjoins the study area on the western side. The NSW Roads and Traffic Authority has purchased Compensatory Habitat, incorporated fauna movement devices in the highway design (under and over passes) and carried out extensive habitat rehabilitation in an effort to enhance the function of the wildlife corridor and mitigate impacts of the new highway.'  (Benwell 2002)

Even the Roads and Traffic Authority (RTA) acknowledged the significance of the area.

The proposal to utilise this corridor as a festival venue is a critical one. One that will have a permanent impact on the most easterly wildlife corridor on the Australian mainland.  Threatened Species will be placed at risk and their breeding cycles disrupted. The impact of  23,000 patrons per day, traffic movements and the high noise levels booming from the within the wildlife corridor, will have a devastating impact on certain threatened fauna species, in particular koala and microchiropteran bats.   

Tell us what you think

BEC would like to hear your views about the festival site proposal. Send us an email <here>

Site is of high ecological value
The site has been long identified as one of high ecological value. The proposal is inappropriate for the site, and the impacts upon the adjacent Billinudgel NR have been ignored. As a fomer NPWS Area Manager with past responsibility for the managment of the BNR, I am amazed that the site could even be considered.
Nigel Greenup 16/07/08

We're living in dread of the festival
I fully agree with the protection values, and conservation goals for the north of Byron shire, and I would urge BEC to keep up the good work in this endevour. We, the people of the Yelgun area, live in dread of this festival proposal, and support every effort to defeat it. Michael Egan, Browning lane, Yelgun 28/07/08.