Train track supporters take legal action against Tweed Shire Council approving on formation rail trail

Following the approval of an on-formation rail trail on the North Coast, a group against ripping up the tracks is in process of filing an injunction to stop the development.

Protestors rallying to save the rail tracks at the proposed route for the Tweed Valley Rail Trail.

Update:

A Tweed Shire Council spokesman said the council was yet to receive any litigation advice regarding the Tweed Valley Rail Trail.

“Last Thursday, Councillors resolved to support the recommendation of Council’s Tender Evaluation Panel and award a contract to Hazell Bros (Qld) Pty Ltd for design and construction of the Tweed section of the Northern Rivers Rail Trail,” he said.

“Council’s approach to community consultation and delivery of the project have been detailed in previous council reports and on the project webpage, www.yoursaytweed.com.au/RailTrail.

“Council is not aware of any litigation having been commenced against it in any NSW Court in relation to this matter.”

The council spokesman responded to claims made by the Northern Rivers Rail Ltd including the tracks would be sold for scrap, the rail could be connected to the Coolangatta to Tweed Heads light rail project and the community was not consulted.

He said the recovered railway track would be recycled.

“This may mean retaining track for use in conjunction with the rail trail, return of rail track to Transport for NSW should it be reusable and cost effective, or recycling by way of scrap; this will require further discussion with the relevant NSW Government department,” he said.

“The lengths of track for achieving these purposes is subject to final assessment.”

He said decisions regarding the termination of train services and the closure of the railway corridor was made by the NSW Government not Tweed Shire Council.

“Council’s roleis to oversee the design, constructionand operationof the Tweed section of the Northern Rivers Rail Trail,” he said.

He said the NSW Government was also responsible for deciding if the community consultation on the rail trail was satisfied which was evidenced by the funding of the project.

Earlier:

After the tender was approved for a rail trail to be built on formation between Murwillumbah and Crabbes Creek last week, a group against ripping up the train tracks has moved to take legal action against the council.

Tweed Shire Council awarded Hazell Bros the tender for the $11.7 million Tweed Valley Rail Trail last week, which would see the train tracks ripped up to build on formation - which was met with protest from those lobbying against ripping up the tracks.

Prior to the meeting, the Northern Rivers Rail Ltd presented a letter to the council and their solicitors warning if the decision resulted in the award of a contract involving the railway tracks being removed, an injunction will be taken out against the council.

Protesters rallying to save the rail tracks at the proposed route for the Tweed Valley Rail Trail.

Jan Mangleson from the group said the contract to remove the tracks and build a rail trail was full of errors.

“Eighty per cent of the 24km of railway line steel track from Murwillumbah to Crabbes Creek will be removed,” she said.

“The tracks will be cut up into 12m lengths and sold for scrap. The line if left intact, in place and in length is worth much more to the public good.

“It means a future reinstatement of rail services will be possible for a comparative low cost.”

She said the project to install a light rail from Tweed Heads to Gold Coast airport could have been extended to connect Tweed Heads to Murwillumbah.

“This was not mentioned in the council report which recommended removal of the tracks at Murwillumbah.
The councillors voted for the recommendation,” she said.

“At the council meeting, councillors were told the state government funding was only for an On-Formation Option.

“This contradicted the messages given by council to the public since February 2018 that the Rail Trail could be constructed either On or Off Formation.”

RAIL TRAIL: A map showing the Northern Rivers Rail Trail; which supporters say will be an economic boon foe the region.

This claim has been denied.

Ms Mangleson said a rail trail could be constructed alongside the railway line, and was a win win solution.

“The legal requirement for a rail trail in NSW is strong public approval,” she said.

“The council has failed to gain public approval.

“The council has not consulted with its residents.

“In a 90,000 population in the Tweed Shire council has decided to talk with about 50 people. Public land has been taken away from the public without public approval.”

She said the process of filing an injunction was now under way.

“There is support from other organisations requesting effective public consultation,” she said.

“They are also calling for a public inquiry into the long term process since 2014 to remove the tracks and why the council voted not to consult with the public on this matter.”

In contrast, the Northern Rivers Rail Trail Association have thrown their support behind the tender.

Northern Rivers Rail Trail Supporters celebrate council awarding a tender to build the new track on formation.

Vice president Cameron Arnold said he believed the rail trail was the best outcome for the community.

“We have been campaigning for the disused rail line to be converted to a modern cycling and walking trail for many years and believe the on-track formation Council has elected to pursue is the best result for the region,” he said.

“The State and Federal Governments should also be applauded for investing significantly in ensuring this project becomes a reality.”

Tweed Shire Council has been contacted for comment.