SAVE WATER ALLIANCE INC.
PO Box 5
ROBERTSON NSW 2577


27th December 2006

Mr Graeme Head
Chief Executive
Sydney Catchment Authority
Level 2, 311 High Street
PENRITH NSW 2750

Fax: 02 4732 3666

Dear Mr Head,

Re: The Kangaloon Bore Field Project Development
Land: Lots 175 and 243 DP 751277 Tourist Road Kangaloon
Owner: Sydney Catchment Authority (“SCA”)

It has come to the attention of the Save Water Alliance that the SCA has carried out development on the above mentioned land in nature of a bore field. Bores have been drilled to varying levels in the ground on lots 175 and 243 DP 751277 and pumps placed therein with a view to extracting groundwater from the Kangaloon aquifer. We understand that substantial volumes of ground water are to be pumped from the ground water in the Kangaloon area and transferred by pipes, channels and rivers to meet water demand in metropolitan Sydney and Wollongong.

The land is zoned Special Uses 5(c) Water Catchment under the provisions of the Wingecarribee LEP 1989.

In that zone the following provisions apply:

Zone No 5 (c) Special Uses “C” Water Catchment Zone

1 Objectives of zone

The objective of this zone is to protect land which is designated as being part of a water catchment from incompatible land uses.

2 Without development consent

Dams; recreation gardens; water catchment.

3 Only with development consent

Agriculture (other than dog breeding or boarding, lot feeding of livestock, poultry farming and pig keeping)any purpose ordinarily incidental or subsidiary to water catchment; bed and breakfast establishments, drainage, dwelling-houses (other than rural workers’ dwellings)exhibition gardens extractive industries forestry, mines, parks; playing fields; roads; utility installations (other than gas holders or generating works).

4 Prohibited

Any purpose other than a purpose included in Item 2 or 3.

The drilling of bores on this land for the purpose proposed is not “water catchment”. The phrase is not defined in the LEP but what is clear is that development of a bore field to extract groundwater for the purposes outlined on this land cannot be described as development characterised for the purpose of water catchment.

The LEP specifically controls “development for any purpose ordinarily incidental or subsidiary to water catchment”. That development requires development consent of the consent authority.

Apart from a very limited range of other development, all other development of this land is prohibited it being the express objective of the zone to protect land which is designated as being part of a water catchment from incompatible land uses.

The Wingecarribee Shire Council’s records disclose that the land is affected by Determinations of the NSW Scientific Committee. That Committee has determined that:

· The Mt. Gibraltar Forest;
· The Robertson Tall Open Forest;
· The Robertson Rainforest;
· The Southern Highlands Shale Woodlands and the Joadja Tall Open Forest;
· Shale/Sandstone Transition Forest; and
· Montane Peatlands and Swamps of the South Eastern Highlands,

are endangered ecological communities (“EEC”) under the provisions of the Threatened Species Conservation Act 1997 which fact has implications for all development proposals.

These EEC are dependant upon the maintenance of the current groundwater supply and access regimes.

Many farmers and residents in the Kangaloon/Robertson area are also dependant upon maintenance of current groundwater supplies and access regimes.

A proposal to pump groundwater from the Kangaloon aquifer and divert the water to metropolitan Sydney and Wollongong has obvious and potentially significant ramifications for environmental, ecological and biodiversity values in the region.

Changes in groundwater hydrostatic pressures and existing aquifer water levels could see ECC placed under threat to survival and the springs upon which communities, farms, businesses and individuals rely reduce in flow rate or dry up altogether.

It seems to us that this development is prohibited. At the very least it requires development consent under the provisions of the Environmental Planning and Assessment Act 1979.

Accordingly we seek urgent clarification from the SCA on the following points:

1. How has the development referred to been characterised by the SCA for the purposes of cl 9 of the Wingecarribee LEP?

2. What are the facts and matters relied upon which has led the SCA to so characterise the development?

3. Has the SCA formed a view as to whether the development is permissible under the LEP and if so, what is the SCA’s understanding?

4. If the development is prohibited upon what basis has the SCA proceeded to build the bore field?

5. If development consent is required, has such consent been applied for, was it publicly notified and has consent been granted to the development? If so could you please provide a copy of the consent or advise where the development consent might be inspected? If not, on what legal basis has the development continued?

We are so concerned with what has occurred to date that Counsel's advice has been taken and urgent legal action is being contemplated.

We seek an urgent and detailed response to this inquiry within 14 days of this date.

We also seek an immediate undertaking from SCA that no further development of the bore field and no pumping from the aquifer for any reason (whether in the nature of testing investigation or substantive pumping) will occur prior to your replying to this correspondence. If such does occur we will apply for urgent injunctive relief in the Land and Environment Court of New South Wales.


Yours sincerely,



PHILLIP HERD
Chairman
02 4888 2310