LAND ACQUISITION (JUST TERMS COMPENSATION) ACT 1991 Notice of Rescission of the Compulsory Acquisition of Land for Public Road and Compensation IN pursuance of section 31 of the Land Acquisition (Just Terms Compensation) Act 1991, Her Excellency the Governor, with the advice of the Executive Council, does by the publication of this notice rescind the Notice of Compulsory Acquisition published in the NSW Government Gazette No. 86 of 2 September 2011 that related to the acquisition of Lots 3, 4, 5 and 6, DP 1160092 for a public road and compensation. Signed at Sydney on the 20th day of March 2013. The rescission of Stockton Bight Track was transacted this week.

TRRA Says: We are still trying to get some reaction to the submissions that we and some of our members have put in to the various Departments and the Local State Member.  We are of the view that the original application that was approved by the Planning Department must now be null and void because the conditions that it relied on for access (through Lavis Lane) are no longer available. This should necessitate a completely new application be lodged and this might bring some of the flawed assumptions and out-dated data on traffic flow etc. under further scrutiny and may impact on the eventual tonnage per annum available. We are particularly concerned with the road safety aspect of this proposal on Nelson Bay Road / Pauls Corner.

We too are yet to see any benefit to the Council or the Port Stephens Ratepayers from this exercise, which will must come at a high cost. TRRA have deliberately tried not to take sides in this matter, but we have tried to raise public awareness about what was going on, who stood to gain, and who would ultimately end up paying for it.  We think most people who have taken an interest in this issue, and certainly our membership are under no illusions as to who is responsible for this mess at the end of the day.

TRRA Inc. understand that the matter will be back in the Land And Environment Court on 5 April, and we cannot pre-empt their deliberations, but we would not be surprised if substantial costs will be awarded against our Council in this matter, watch this space……………!

The following comment has been published on the Examiner website on the above story:

“I wish to correct some content of this story. Port Stephens Council DID NOT BUY the land from the Towers Family they actually compulsorily acquired it under extremely strong objection from the Towers Family. Refer to the public access from 23rd March 2010 where I stood up in the Council Chambers in front of the public gallery, Councillors, Mayor and Council Staff and begged the council to not proceed with the action of compulsory acquisition of our land. I pointed out that it was Not for the benefit of the public but for Maccas Sand to gain access to their lease of Lot 218 which is a sand mine area. This action by Port Stephens Council has been detrimental to my Family in more than financial terms. Our reputation within the Community, our health and of course the financial burden it has placed upon us all. My Family did not want to pursue this action but were placed in the most unfair position imaginable and this was our only course of action. The rescission is only the first step to closing this disgraceful saga!”

Patricia Ann (Towers)