Gympie council: Incorrect advice given on TLPI repeal

Gympie Regional Council has confirmed it was given incorrect information at the December 2020 meeting when it controversially voted to repeal planning laws that protected known wildlife habitats.

Mayor Glen Hartwig says he is “disappointed and frustrated” amid revelations incorrect advice was given to councillors ahead of the controversial repeal of two planning laws.

Mr Hartwig’s comments have come amid fresh questions not only about the repeal of the planning laws but the process used to implement them, following multiple Right to Information requests from organisations including The Gympie Times.

The two Temporary Local Planning Instruments focused on the Southside and the region’s biodiversity were controversially reversed by councillors in December 2020.

The move sparked protests from environmental groups outside Gympie’s Town Hall.

A petition calling for intervention from Deputy Premier Steven Miles or Environment Minister Megan Scanlon has drawn almost 45,000 signatures from across the world.

Councillors were told at the December 9, 2020, meeting the laws, introduced in February that year, resulted in a number of “unintended consequences” that stifled otherwise acceptable development.

Councillors were told the TLPIs could not be amended and were either “on or off”.

However, the day before the matter was brought to councillors the possibility of amending them, allowed under the Planning Act, was raised with CEO Shane Gray in a letter from the Department of State Development.

The decision to repeal the TLPIs sparked protests outside Gympie’s Town Hall. Pictures: Kristen Camp

Communications manager Sharna Rowley said last week council acted under the advice given and “now understands this information was incorrect”.

Mayor Glen Hartwig, who has come under fire over the repeal, said he was “disappointed and frustrated (the council) was not fully informed either during the implementation or the removal of the TLPIs”.

“The work presented does not meet the standard or expectation of (the) council,” Mr Hartwig said.

“The CEO is aware of the standard of expectation and council expects it to be met.”

The repeal of the laws was not the only controversy revealed by the documents,

Council staff were themselves unsure if the biodiversity TLPI had been correctly approved following the meeting.

Environmental groups have raised concerns about the level of land clearing being done across the region since the TLPIs were abolished.

Correspondence between council and State Government said the protections urgently needed to be adopted with the March 2020 election looming, and five days before the February meeting the possibility of delegating the decision to former CEO Bernard Smith was raised.

The day before the meeting the State put a freeze on the biodiversity TLPI saying the koala habitat mapping could not be used as it had not been verified by the Environment Department.

They asked the council to remove reference to mapped koala habitat values from that TLPI as the “mapping … cannot be supported”.

Protections could remain provided they “did not reference MSES (koalas)”.

Council staff then proposed changing the reference to “critical wildlife habitat” and on the morning of the meeting told the State “Gympie Regional Council have agreed to change the TLPI to update the name … to be non-specific to koalas”.

The email was apparently sent before the start of the meeting at which councillors were asked to support such a change.

The day before the meeting where councillors were to adopt the TLPIs, the State Government put a hold on one, saying it was unable to support proposed koala habitat mapping in it.

On February 20, a week after the meeting, staff wrote to the State asking its thoughts on the resolution.

The State said it needed to further review it and suggested the council get its own independent legal advice on the matter.

The Minister had still not approved the TLPI at that time.

Mrs Rowley said this adoption was “not the standard process”.

“This is a complex issue and (the) council is investigating further,” she said.

Documents reveal that by June 2020 the council was waiving fees on any application triggered solely by the TLPIs.

Staff began exploring repealing the TLPIs in October; one unidentified source (redacted on privacy grounds) approached for advice said the TLPIs were “a mess” and “not user friendly”, and “I can understand why this is not sitting well with the council”.

The day before councillors were being asked to endorse the TLPIs, the State Government paused the biodiversity TLPI saying it needed more information and asked the council to remove reference to koala habitat mapping as it could be supported by the State.

Mr Hartwig raised concerns the council was being undermined by its own staff.

In a letter to Mr Miles he said staff had used connections within the State to “disseminate misinformation and misrepresent the vision of Council and the reasons for the TLPI removal”.

Mr Hartwig also flagged allegations, entirely redacted from the released documents, regarding the conduct of a former Gympie councillor and possible conflicts of interest.

Mr Miles said Mr Hartwig should refer this matter to the Office of the Independent Assessor.

An allegation of conflict of interest was dismissed by the OIA, but it is unknown if this was the same matter raised by Mr Hartwig.

Mr Miles asked the council to provide further studies or justifications about the repeal to the State.

Mrs Rowley said a response was being prepared.

“This is a complex issue requiring thorough due diligence and as such will take further time to co-ordinate,” she said.

“Council staff have had many discussions with the State to assist with the matter.”

Originally published as Gympie council: Incorrect advice given on TLPI repeal