Glenworth Valley agrees to massive payout over illegal clearing for mountain bike park
The Central Coast’s largest tourism operator has agreed to a massive payout and land donation for conservation after illegally clearing 20km of bushland for mountain bike trails, a court has heard.
Glenworth Valley Outdoor Adventures has agreed to pay out $156,000 and donate 22ha of its prime land to Popran National Park after failing to obtain approval to clear 20km of bushland to build a mountain bike park, a court has heard.
It comes after the tourism operator accepted a $300,000 grant from the former Liberal State Government to build what was once touted to become the future of mountain biking in the southern hemisphere, despite never obtaining a single development consent.
Central Coast Council launched criminal proceedings against Glenworth Valley and its related entities in the Land and Environment Court in September.
The court heard council became aware of alleged illegal land clearing in November 2022 and, after launching an investigation, determined Glenworth “aided, abetted, counselled or procured” two subcontractors – Dirt Air Pty Ltd and Elevation Parks Groups – and other individuals to perform the work.
All up Glenworth was responsible for clearing trees and vegetation for a total distance of 20.2km for mountain bike trails and 1.75km of bushland for an access road.
There is no suggestion Dirt Air Pty, Elevation Parks Groups or other individuals did anything wrong or were aware there was no consent for the work.
Before going to a full trial, Glenworth Valley’s directors Barton and Mia Lawler signed an enforceable undertaking to cease future works.
Enforceable undertakings are essentially a legally binding out-of-court settlement whereby a person or company agrees to remediate, repay or make good in some other way to avoid further prosecution.
As part of Glenworth Valley’s undertaking, the Lawler’s have further agreed the work “constitutes a breach” and agreed to pay council’s legal costs of $80,000 and a further $1,000 for NSW Planning’s legal fees.
The Lawler’s have also agreed to gift $75,000 to the Darkingjung Aboriginal Land Council for its Community Benefit Sponsorship Fund and donate 22ha of Glenworth Valley’s prime biodiverse land to be included as part of Popran National Park.
The criminal proceedings have been adjourned until the enforceable undertakings have been completed in full. Once they are, council has undertaken to cease further legal action, noting Glenworth has not entered any pleas and the court has not determined liability.
This masthead revealed in November 2023 there were no development applications (DAs) for the mountain bike park on council records.
At the time Mr Lawler confirmed the mountain bike park was going ahead but said DA’s were “hard to find” on council’s system.
When approached for a comment about the enforceable undertakings, Mr Lawler said he essentially signed it with his fingers crossed behind his back.
“Sometimes people settle things, it doesn’t necessarily mean that they agree or accept the undertaking,” he said.
“It’s a commercial settlement. It’s cheaper than going to court.
“We don’t in any way, shape or form accept that there was a breach”
When asked what was going to happen with the mountain bike park now Mr Lawler replied: “none of your f..king business”.
In a statement, council said the works included “the unlawful construction of an access road and mountain bike trails, resulting in the destruction of significant vegetation without the required development consent”.
“As part of the proceedings, Glenworth Valley Outdoor Adventures acknowledged that the development was carried out without consent and that there were serious breaches of the Environmental Planning and Assessment Act, causing substantial environmental harm,” the statement read.
Better known for horse riding, this isn’t Glenworth’s first foray into mountain biking to have crash landed.
In 2018, the tourism operator and mountain bike track designer Synergy Trails signed a memorandum of understanding to build a massive 120km network of downhill trails and jumps catering for professionals through to beginners — a veritable ski resort for mountain bikes — complete with five-star accommodation and its own chairlift.
Hundreds of investors tipped in money, albeit mostly small amounts, and were offered everything from hats, T-shirts and mugs, through to VIP chairlift passes, on the Go Get Funding platform, which raised about $20,000 of a $750,000 goal.
But despite the marketing hype and YouTube videos pumping up the proposal’s tyres, nothing eventuated and the crowd funding money was quietly returned.
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Originally published as Glenworth Valley agrees to massive payout over illegal clearing for mountain bike park
