It’s not yet a win – but it feels like one according to Bundjalung Elders' Council chair Micky Ryan.

The controversial North Lismore Plateau Development off Dunoon Road, he has been opposing for ten years, saw its third court case held yesterday.

This time, the court determined that the housing developer’s application was invalid - however, the decision is still awaiting finalisation. 

Bundjalung Elder’s Council chair Micky Ryan.

Mr Ryan’s legal representative Al Oshlak, from the Indigenous Justice Advocacy Network, said yesterday’s decision to declare the DA null and void was just “the tip of the iceberg”.

“We’ve spent years on this court case and spent a lot of money,” Mr Oshlack said. 

“Now we want to see the remediation of the site from the road works and ground works already done.

“The developer has filled in the flood plain and this will cause problems in future and we want them to remove the fill, among other things.”

Yesterday’s court case focussed on whether the developer, Winten, needed to have a Species Impact Statement or not.

Ecologist vs ecologist

Winten project development manager Jim Punch said the case boiled down to an argument between Winten’s ecologist and Mr Ryan’s ecologist.

“Our ecologist said we didn’t need to have a Species Impact Statement (SIS),” Mr Punch said.

“The earlier court cases to resolve Aboriginal cultural heritage issues and hydrology were dismissed, but this time the judge said she believed we should have an SIS.

“The judge hasn’t yet registered the judgement, so we don’t know where we stand at the moment. It could take a couple of weeks and if she makes that declaration, the Development Application will be put aside and we will need to apply for a new DA. 

“It’s more likely we will challenge the judge’s determination - we may have to go to appeal.”

Responsibility

Mr Ryan said the protection of plants and animals in the area was a part of his responsibility as an Aboriginal Elder, whose ancestors had long been on Country.

“My ancestors told me to look after country,” Mr Ryan said.

“A large number of koala trees have already been destroyed on the plateau and I’m concerned for the ongoing survival of animal and plant species in the area – the plateau is home to a large population of microbats too.”

Borrowed money

Mr Oshlak also pointed a finger at Lismore City Council, saying that the elephant in the room was the Council’s borrowing of money to back the housing development project.

“Council borrowed $32 million for sewage and infrastructure to support the development,” he said. “No other council backs a developer like this. 

“Council knew we were taking this to court and that they had a legal liability.

“This is one of the main reasons Council is in financial straits and they are not telling anybody.

If the housing development goes ahead, it will become a new 433-lot suburb and Lismore's largest residential subdivision in decades, with views across the Lismore basin.

Wait and see

Mr Ryan said yesterday, the judge gave him a long report to go through and that he would need to wait to see what would happen in a couple of weeks.

“The developers need to leave the whole plateau alone,” he said.

“It is the most significant site in the Bundjalung nation – there has already been one burial site disturbed. 

“My ancestors fought for Country and I won’t lie down for anyone.”

Whatever the judge’s final decision is – both the developer and Mr Ryan vow they won’t back down and will continue to fight the case.