Consequences for depot disaster?
• The new Derby depot site is now under 24 hour surveillance by Crown Lands. Image extracted from the footage.
By Taylor Clyne
August 19, 2020
In documents accessed under the Right to Information Act (2009) loaded on the DIPIPWE website serious questions remain unanswered regarding the illegal building of the new depot site in Derby.
Back in June news broke that the Dorset Council had built their new depot without gaining any building or planning approvals, on Crown Land that was not transferred into their name and furthermore was constructed over the boundary line of an active mining lease.
It was reported that Councillors and the Mayor only became aware of the issue on June 8, 2020 despite Council management knowingly proceeding to build the new depot on Crown Land without approval.
In an email sent on December 18, 2019 from Parks and Wildlife Services (PWS) Anne Maginnity to Dorset Council’s Rohan Willis, Tim Watson and Sarah Forsyth stated that, “the documents are being reviewed and at this stage the Council does not have any approval to be doing any works on the Crown Land.”
Repeated correspondence after this date was ignored and works continued prompting another letter on March 26, 2020 from PWS general manager Jason Jacobi to Tim Watson.
Jacobi stated his disappointment and frustration at the disregard of the Council to adhere to the expectations and directions of the state.
“Specifically, I wrote to you and, amongst other things, directed that the Council cease works and occupation of the site immediately, given that the depot had been constructed without approval and encroaches upon an existing mining lease.
“I have now been informed of, and provided with witness statements and photographic evidence that the site was accessed by either Council staff or contractors on May 12, despite my previous written instructions and phone conversations, including a verbal commitment from yourself to vacate and cease all access,” Jacobi wrote.
“This continued disregard for my direction is deeply concerning, and I am uncertain how much clearer I need to be to ensure this unauthorised access and use stops.
“I would also like to draw your attention to your obligations regarding Workplace Health and Safety, and that the structure/site does not have building approval and therefore cannot be considered a safe workplace for your staff or contractors,” he concluded.
On June 10, 2020 Tim Watson emailed Jacobi looking to gain clarity on the status of the transfer of the Briseis mine hole to Council, adding a chronology of the transfer dealings dating back to April 2019.
Part of the letter state, “Irrespective of the unresolved issues with the new Derby depot the transfer of the land should still proceed, the purpose of this email is to ascertain what is holding up the transfer from occurring.”
At the Council meeting on Monday night Councillor Edwina Powell asked if Council had received legal advice on the matter.
“I don’t want to ask questions based on a rumour but there is talk that a letter has been received by Council from the Solicitor General asking questions in relation to that matter. Has that letter been received, or is it near?”
Mayor Howard replied stating that legal advice had been received and the entire matter is privileged.
“We’ve accepted that we’ve made a mistake and we are trying to find a way forward, that’s all I have to say on the matter,” Mayor Howard said later to the Advertiser.
Therefore, it begs the question, does the whole situation appear to be a case of ‘let’s see how much we can get away with before getting caught?’
Or were there legitimate frustrations and events that led to the actions; maybe both?
It's yet to be known who will be held accountable or when the information will be made public.
It’s understood fines of up to $80,000 could be handed down to Council for their efforts but at this stage the matter remains under investigation with the gates tightly locked on the new depot.
To view the released documents in full visit: https://dpipwe.tas.gov.au/Documents/RTI%20072%20-%202019-20.pdf