Mulambin residents fight to save “endangered” coastal bushland from housing project
Residents have launched legal action to save what may be “critically endangered” rainforest from being turned into a 77-lot housing development.
Two residential neighbours to a controversial housing development located on a corridor of coastal bushland are going to court to try and preserve the strip of “urban forest” for future generations.
Howard Steven Mills and David Williams, both of Mulambin near Yeppoon, have appealed to the Planning and Environment Court after Livingstone Shire Council approved a development application to establish 77 residential blocks on 10ha of bush land at Neville St, Mulambin.
More than 220 community submissions had raised issues such as vegetation loss, stormwater and flood risk, traffic and pedestrian safety.
In a court document Mr Mills and Mr Williams argued the land had a high probability of being Littoral Rainforest and Coastal Vine Thicket and/or Semi Evergreen Vine Thicket, which they said was a critically endangered ecological community and protected by the Environmental Protection and Biodiversity Act 1999.
They said the presence of Coastal Vine Thicket was noted in a short report in early 2025 related to the Neville St development by a Vegetation Protection Officer with the Livingstone Shire Council.
However, they claimed in court documents that an ecologist who completed the Environmental Site Assessment as part of the development application had “missed the presence of an estimated 3.77ha of Coastal Vine Thicket with the balance of the 7ha being highly likely to be Semi-Evergreen Vine Thicket”.
The appellants stated “numerous emails” were sent to the council requesting the “probable Matters of National Environmental Significance”, which included Littoral Rainforest and Coastal Vine Thicket and / or Semi Evergreen Vine Thicket and also the “likely occurrence of several bird species” be referred to the Minister responsible for the EPBC Act for assessment.
“These requests were denied by (council), ” Mr Mills and Mr Williams said in the court document.
“They (the council) stated that they were not responsible for referral and could not make a referral, which is contrary to Section 69 of the EPBC Act.”
Mr Mills and Mr Williams also said they recognised the need for more housing at the Capricorn Coast but based on the Livingstone Mayor’s Adam Belot’s announcement in regard to “opening up more suitable land for housing” they argued “the Mulambin Urban Forest should be retained as a conservation area for current and future generations”.
They said the Mulambin residential area covered an area of approximately 60ha with 50ha already developed leaving just 17 per cent of high value Urban Forest remaining.
The appellants also said the land was “hazard constrained” due to the threat from extreme storm surge and there was a possibility the development of more houses might increase the risk to established homes.
“The residents of Mulambin Estates were advised to evacuate by Emergency Services during Cyclone Marcia in February 2015, which shows that the area is hazard-constrained,” they said.
“Further development in hazard constrained land poses economic risk to current residents. Based on hazard risk some insurance companies will not insure houses already established in Mulambin and some insurance companies have premiums that are not affordable. Current residents of the area should not be put at further environmental or economic risk.”
Mr Mills and Mr Williams further sought a detailed flora survey be completed to Queensland Herbarium standards they said would comply with the various environmental protection acts.
“The flora survey should be conducted during flowering season so as to assist identification of all species and that access to the land be granted so that a qualified botanist, not engaged by the developer, with experience in Central Queensland environments can complete the detailed flora survey,” they said.
They requested the services of David Fell Environmental Pty Ltd and if that point was agreed on the duo “representing the
residents of Mulambin” would contribute towards funding the survey and make all data and reports available.
Developer Red Emperor lodged its entry of appearance to the notice of appeal in court on September 26, while Livingstone Shire Council had not lodged a response to the court as of that date.
In a response to the appeal, Livingstone Mayor Adam Belor said council acknowledged the concerns raised by the community and recognised the significance of this development for many residents.
“The decision to approve the application was not taken lightly — it followed an extensive assessment against Council’s Planning Scheme and State requirements, as well as careful consideration of 229 community submissions,” Mayor Belot said.
“Strict conditions have been applied to manage environmental, flooding, traffic, safety and amenity impacts, and an independent ecological peer review confirmed the proposal could meet environmental requirements if these conditions are enforced.
“Now that the matter is before the Planning and Environment Court, council will not be commenting on the legal proceedings or the merits of the appeal.
“What we can assure the community is that council will continue to enforce and monitor the strict approval conditions, including requirements such as Environmental Management and Rehabilitation Plans, technical studies at the operational works stage, and dual road access.”
When approving the development in August, Cr Belot, Cr Eastwood, Cr Rothery and Cr Warcon voted in favour of the project while Cr Andrea Friend, Cr Rhodes Watson and Cr Glenda Mather voted against it.
Red Emperor has been approached for comment.
