Summary

KUR-World Legals Summary DRAFT (PDF)

Detail

• SITE1 EARTHWORKS, SITE2 EARTHWORKS, SITE3 EARTHWORKS, SITE4 EARTHWORKS, EXTENSIVE RENOVATION OF ORIGINAL HOMESTEAD
  KUR-MYTH: KUR-WORLD developer Ken Lee, Reever and Ocean Developments Pty Ltd has acted in accordance with local laws
• LAND CLEARING IN HIGH RISK AREA WITHOUT A PERMIT
  LEGAL ADVICE
  Since 2015, a number of documented breaches of planning, environment and building laws have occurred on the former Barnwell Estate. The breaches include the construction of a large dam without a permit; unlawful removal of native vegetation and building work on the house without a permit. The Mareeba Shire Council either retrospectively approved these unlawful works or ignored them. The Council and State and Federal environment departments have failed to explain to the community what their enforcement policies are and why they have all failed to protect the community and the environment from these repeated breaches.
  Regrettably, the carrying out of the unlawful dam, building and vegetation removal works puts the proponent of the KUR-World co-ordinated project at an unfair advantage in relation to the EIS process. This is because the baseline from which the EIS is done has shifted from what it would have been before the unlawful works. The disadvantage falls to this concerned community and our unique wet tropics wildlife.
  Tania Heber, Principal Solicitor – Environmental Defenders Office of Northern Queensland
  http://kurandaregion.org/kur-world-developers-successive-legal-breaches-make-his-eco-resort-claims-even-more-dubious/
  
• CULTURAL HERITAGE DUTY OF CARE
  KUR-MYTH: KUR-WORLD developer Ken Lee, Reever and Ocean Developments Pty Ltd has acted in accordance with state laws
• SIGNIFICANT IMPACT ON A MATTER OF NATIONAL ENVIRONMENTAL SIGNIFICANCE WITHOUT A RELEVANT APPROVAL
  Cairns Post AUG 2016: Kuranda eco-resort under scrutiny by environment watchdog
  The Department of Environment and Energy said it was looking into activities at the site.Penalties of up to $9 million could be imposed for any action “that has, will, or is likely to result in a significant impact on a matter of national environmental significance without a relevant approval”.
  http://www.cairnspost.com.au/news/cairns/kuranda-ecoresort-under-scrutiny-by-environment-watchdog/news-story/4ef9f0cb3cfbe1e8f3f2cd81a32639c6

  BARNWELL / KUR-WORLD : RAINFOREST CREEK DEVASTATED BEHIND ILLEGAL DAM WALL – JULY 2017 https://youtu.be/cPHtxobfoMU

Additional documents for tree clearing

DRAFT Flora Survey Report – RTI

FINAL Flora Survey Report – EPBC Referral of proposed action / Initial Advice Statement (IAS)

Precedents

EPBC Act: 2012 JOHN DEBONO cleared 30ha of endangered ecological community in Victoria, JADE AUSTLii

Wombinoo Station owners fined for clearing 130 hectares of land without permission, ABC News 19 Dec 2017