Letter to Warrnambool City Councillors 2 Feb 2020

By Lee-Anne Clarke and on behalf of  Elder Aunty Julie Jose and Tom Clarke

Today we are writing to you, as we are aware that there is a Warrnambool Council Meeting
on the 3 February 2020. On your Agenda for this meeting, you have listed 5.2 Horses on
Beach – Land Manager Consent Spookys.

Our interest in the Agenda Item stipulated is to add our Cultural lens and views as
Traditional Owners of the Kirrae Whurrong/Peek Wurrung people. Our view on our Cultural
Landscape; our Traditional Lands of Eastern Maar people.

We do not want commercial horses on the BCR – Peek Wurrung Dune Country.

BCR – Peek Wurrung Dune Country:

Along this Coastline beginning around Port Campbell, The Twelve Apostles (Kirrae
Whurrong) and Point Ritchie – Moyjil (Peek Wurrung), Hopkins River, Thunder Point, Peek
Wurrung Dune Country, further down Tarerer, right through to Gunditjmara Budj Bim
Cultural Landscape (Now on the World Heritage Listing), we have thousands of years of
scientific evidence of First Nations occupation.

This part of our Country in which we as Eastern Maar call our Ancestral and Spiritual Homelands. This area in which has been
recorded where our people were quite heavily populated and utilizing this are for
Traditional Customs, enjoyment, economy and environment, Ceremony and trade over
many, many thousands of years. In fact Moyjil being investigated and dated as old as 80,000
to 120,000 thousand years. Moyjil is around 5 kms from our Dune Country.

Does this not tell you something?

In the Reserve, it has been well known that firstly the commercial horse training has begun
and continued illegally for years and never reprimanded or picked up as an Illegal activity on
the Reserve within your Council.

During this time, there has been unsurmountable damage that has occurred that is
irreparable within the HH Track area. Ancient sands damage and artefacts damaged with
riders and their horses.

Within these Dunes, we have Burial sites, artefacts, shell middens, hearth ovens and
ceremonial sites.

We also hold Dreaming Stories. Dreaming Stories are Creation stories of the Cultural
Landscape. Dreaming Stories are treasured and held in high regard across the whole of
Australia.

We also have a healthy native wildlife and birdlife there who consider this place their home.
These animals and birds whom we are connected to via our Totems and incorporates our
Ceremonial dance, our way of working in synchronicity with Country; to sustain healthy
country.

We would like you to consider Peek Wurrung Dune Country to be delicately nurtured in way
of supporting Traditional Custodians and wider Community to care for Country.

Protection of Cultural Heritage:

In caring for Country, we would envisage, seeking governmental support, and funding for
this area. We would expect there to be a demand of Tourism in the area as there are rising
interests in Aboriginal Culture as is well received across other places of interests regarding
Aboriginal Culture.

We would believe the protection of Cultural Heritage needs to be recognized in this area,
for First Nations, and be given the opportunity to create an infallible foundation in looking
after this amazing reserve, and give the respect it deserves.

For the Protection of Cultural Heritage versus commercial horse training on sand dunes and
beaches these two are in direct conflict. There is greater support for the protection of
Cultural Heritage and Tourism.

We believe in investing in long term Cultural Heritage, as tourism is the future.

As to the industrialization of horses, training on our highly sensitive Dune Country and
highly concentrated Aboriginal Cultural Heritage our artefacts submerged within the ever so
sensitive BCR – Peek Wurrung Dune Country, would implicate further destruction through
this type of abuse within this area.

We are extremely concerned about the irresponsible destruction, damage and interference
the proposed activity will undoubtedly bring to our little and remaining Cultural Heritage.

We consider this our natural environment our Cathedral, our Church.

Our unyielding love for this Country has our Elders terribly upset, concerned, and have cried openly for Country
such is the love and raw emotion that genuinely attaches us to Dune Country.
It would be irresponsible for us not to speak out as next of kin of our Ancestral and Spiritual
homelands.

As a lure from the Gambling Industry, a consideration of a yes vote, would invoke serious
implications of the whole of the reserve as time goes on.
Please shut the gate on this now and save the little remaining pristine area that we have
left, the Belfast Coastal Reserve – Peek Wurrung Dune Country.

The statistics show the horses do not need this Reserve to use for their personal gain in the
racing industry.

As Traditional Custodians, in dignity, we would like to ask you to, please do not allow
commercial racehorses on Belfast Coastal Reserve – Peek Wurrung Dune Country.

Wurruk.

By Carol Altmann

The Warrnambool City Council’s handling of racehorse training at Levy’s Beach is turning into a trifecta of trouble that should have us all seriously concerned about how the council operates.

Let’s check the form guide as the council prepares to meet tomorrow night (26/10) to revisit a decision it made just 11 days ago to – illegally – issue permits to allow commercial racehorse training at Levy’s from December 1.

Race 1: The Law-Breaker Stakes

The WCC broke the law and has been breaking it for years.

This may sound dramatic, but it is true. The Warrnambool City Council has enabled racehorse training at Levy’s for years without ever checking if it was breaking its own planning laws.

It was.

The entire Warrnambool Planning Scheme is a serious document. It is enforceable by law and its whole purpose is to make sure that we all know the rules and we abide by them. We trust our council to make sure this happens regardless of who we are, how much money we have, or what influence we might bring to bear.

Despite this, the council did nothing when racehorse trainers started to turn up at Levy’s Beach well before trainer Darren Weir’s Melbourne Cup success in 2015 and well before anyone started to talk about a Belfast Coastal Reserve Management Plan.

These trainers, we now know, were breaking the local planning laws and the rules around what is allowed in a coastal reserve, and they continued to do so until so many of them began turning up along the beaches between Killarney and Warrnambool that it was impossible to ignore.

Council CEO Bruce Anson has tried to justify the WCC’s ignorance of its own laws by saying when Environment Minister Lily D’Ambrosio stepped in in late 2016, giving an order to say the council could issue licences to trainers, they blindly followed. (You can see Ms D’Ambrosio’s order here).

Nobody at council checked? Nobody challenged this? Nobody thought that perhaps the Environment Minister didn’t have the power to ignore the Warrnambool Planning Scheme?

(I wonder if the WCC would be so subservient if the Minister granted free car parking across the city? Hmmmm.)

A planning scheme can be altered one of two ways: by the council (a process that can take a year), or a Planning Minister declaring the matter of such importance that they change the planning scheme. Ms D’Ambrosio is not a Planning Minister.

It is not a decision to be made lightly, which bring us to the second leg.

Race 2: The Who-Gives-A-Stuff Cup

The council knew it was breaking the law, but raced on anyway.

Word has been leaking out of council this week that concerned council officers tried to raise the alarm back in February this year about the legality of racehorse training at Levy’s and nobody listened.

I absolutely trust my sources on this and I trust them even more in light of what happened at last Monday night’s council meeting.

That was when we saw, in unprecedented scenes, four of the seven councillors vote in favour of issuing training permits for Levy’s despite being warned they were breaking the law.

That warning came from the Victorian National Parks Association (VNPA) to Mr Anson in late September and directly to councillors via email on Sunday night.

The council’s own legal advice arrived this week, confirming it was in breach of the law.

As Shannon Hurley, from the VNPA, said today, the VNPA’s legal advice confirmed “commercial racehorse training has never been allowed within the reserve and so should have never been allowed to explode”.

“It is (also) not a ‘balanced use’, it is the opposite, because it was never allowed in the first place.”

Crs Kylie Gaston, Tony Herbert, Sue Cassidy and Mayor Robert Anderson didn’t care about any of this, it seems, because they cracked the whip and pushed through the vote on Monday night.

Which brings me to the final leg:

Race 3: The Nothing-to-Declare Handicap

The conflict-of-interest rules in Local Government are pathetic and because they are pathetic, our councillors need to be stronger.

We saw just how pathetic the conflict of interest rules were on Monday, when Cr Gaston was able to sit at the council table, move the motion on the Levy’s permits and vote on those permits, all while being an endorsed Labor candidate.

The racehorse training at Levy’s is being pushed by the State Labor Government and Cr Gaston wants to be a Labor MP, yet there is no conflict of interest under the Local Government Act.

The week after Monday’s vote, Cr Gaston was campaigning in Portland with Minister Lily D’Ambrosio (mentioned above), yet there is no conflict of interest under the Local Government Act.

Cr Sue Cassidy’s partner runs sign company Cassign, which is a sponsor of the Warrnambool Racing Club and has sponsored several races, yet there is no conflict of interest under the Local Government Act.

The council hosts a hospitality marquee (which we pay for) each year at the May Race Carnival and yet there is no conflict of interest under the Local Government Act.

It stinks, yet not one councillor at Monday night’s meeting raised any of these concerns.

Nobody leapt to their feet and challenged Cr Gaston on how she managed to wear two hats within 24 hours, or how it looks when Cr Cassidy’s family business is a supporter of racing, or how the council can hope to make an impartial decision on racehorse training when it hangs out at the May races.

As we know, there is the letter of the law, and the spirit of the law, and right now the council is running dead last on both.

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By Carol Altmann

If Warrnambool City councillor and ALP candidate Kylie Gaston had one job to do this week, it was to make sure she pushed the vote to have racehorse training back on Levy’s Beach by December.

I have seen Cr Gaston move fast, but never quite as fast as on Monday night when – amidst roars of protest from the council gallery and dissent from three council colleagues* – she cracked the whip and moved the motion to allow the council to again issue beach permits to the Warrnambool Racing Club.

At that moment, Cr Gaston shifted from being an environmentalist, to an ALP candidate with an agenda.

It was a very public shift that shocked many of her long-time supporters, some of whom were in the gallery and who left the meeting visibly upset by the sense of betrayal.

Cr Gaston knew that the council was most likely breaking its own laws by allowing dozens of racehorses to be trained on what is a public coastal reserve.

Despite this, and rather than wait a day or two to confirm the legal advice, Cr Gaston galloped on as if there was no more vital issue than making sure the WRC has seamless access to our beaches once summer closes off Lady Bay to trainers from December 1.

The racing industry was so desperate to get back on the beaches that it even offered the WCC what was probably one step short of a bribe: they would fund most of a $400,000 new carpark at Lady Bay, for its own use, of course, and adding even more bitumen to our beach. Sorry, I forgot to mention it was a “bespoke” carpark.

Warrnambool Racing Club CEO Peter Downs, who also sits on the council’s Visitor Advisory Committee, must have been thrilled by Cr Gaston’s form.

Even more importantly, State Labor Government and Racing Minister Martin Pakula would have been delighted with the performance of the party’s candidate for the south-west.

As we know, Minister Pakula and our own independent Upper House MP and racehorse owner James Purcell have been pushing the whole racehorses-on-beaches issue like there is no tomorrow, such is the might and power of the billion-dollar racing industry.

Unfortunately for Minister Pakula, Mr Purcell and the WRC, however, the tomorrows were running out rapidly.

In just two weeks time, on October 30, the State Government goes into caretaker mode in preparation for the state election on November 24.

During “caretaker mode”, a government is discouraged from making any major decisions.

And also in just two weeks time, on October 30, Cr Gaston – and Cr Michael Neoh – take leave from the council to focus entirely on their election campaigns.

The clock was ticking.

 

Monday night’s urgent meeting, called at the behest of Minster Pakula, was a last chance for Cr Gaston – and Labor – to tidy up some very untidy business by hurrying the decision on the beach permits.

After all, if the legal advice came back to say that the council wasn’t breaking the law, then the racehorses were home and hosed.

And if the legal advice came back to say that it was breaking the law, then Minister Pakula still had two weeks to cook up a plan B.

(The council confirmed yesterday that it was breaking the law. Plan B – watch this space – could now see the Minster for Planning intervene.)

Of course Cr Gaston has denied her head-of-steam had anything to do with the State Government (“nothing to see here!”) getting in her ear.

No, for the once-committed environmentalist who says she loves Levy’s Beach, it was all about “compromise”. You know, give and take: we give the WRC our wild beach, and they take away the wildness, that sort of thing.

If it wasn’t so transparent and ugly, it would be darkly humorous.

Bu then, in the final act, things became even weirder.

Having pushed the vote, without time to properly consider the legalities, Cr Gaston told the local paper yesterday that it would have been better if the vote had not gone ahead.

I have read Cr Gaston’s quotes to the paper several times now, and they still don’t make sense:

“We didn’t really have time to think about it. It would have been great if that vote did not proceed.

“Waiting would have been best, but that was the position we faced at that time”, she said.

“There were a lot of people emotional, it was difficult, but I also knew that if the motion approved something that was illegal, the situation would resolve itself.”

 

What?

Back-pedalling often follows a backlash, but if Cr Gaston hoped to regain the respect of those who saw her as a genuine alternative to the old players, well, that horse has already bolted.

* Cr Gaston’s motion was passed with the support of Mayor Robert Anderson, Cr Sue Cassidy and Cr Tony Herbert. Crs Cassidy and Herbert are both angling to be the next mayor. Crs Peter Hulin, Michael Neoh and David Owen voted against it.

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By Carol Altmann

What the heck just happened?

Our Warrnambool City Council chief executive officer Bruce Anson earns a salary package of around $320,000 a year and yet it was left to a group of volunteers to reveal to us this stunning fact: racehorse training at Levy’s Beach is illegal.

Had Mr Anson not bothered to have his staff check this possibility before? Why not?

Why was it left to volunteers in the Belfast Council Reserve Action Group (BCRAG) to do all the leg work, which they did?

Even if Mr Anson hadn’t bothered to check the legalities since this whole racehorse issue blew open more than two years ago, he certainly knew about the legal issues by September 20.

That was when the Victorian National Parks Association (VNPA) contacted Mr Anson to tell him that the council was breaking its planning laws.

Mr Anson definitely got that memo, because he emailed a response to the VNPA soon after, saying he would ask the city planners to investigate.

(The city planners confirmed today that yes, it is illegal.)

Mr Anson was contacted on September 20 – almost a month ago – and yet he did not pass any of this critical information onto elected councillors, who found out about it last Sunday via an email from BCRAG.

The BCRAG email arrived just one day before councillors were to vote on whether to allow racehorses back in to Levy’s and it warned they were in breach of the law.

The vote went through 4/3 – Labor candidate Cr Kylie Gaston made sure of that – and the council agreed to once again issue permits to allow 60 horses a day on Levy’s beach and 40 on the dunes.

Let’s be super clear on what all of this this means.

It means elected councillors turned up to an urgent meeting called for Monday night to decide whether to allow dozens of racehorses back on to Levy’s Beach without having all the facts.

Facts that were already known to the CEO who seems determined, for reasons unknown, to make sure that what the Warrnambool Racing Club and Racing Minister Martin Pakula want, they get.

If this is not a red-hot scandal, I don’t know what is.

The thing is, it comes on the heels of so many other examples of information being provided to councillors or the public that is either wrong, mis-leading or incomplete.

Just this week we saw an attempt by council to chainsaw two 115-year-old Australian banyan trees from Raglan Parade this weekend because of false suggestions they were causing car accidents.

Last month we saw a mass correction published in the council papers when wrong budget figures were included in an earlier agenda.

Before that we saw rubbery figures provided to the public about how well Flagstaff Hill Maritime Village was travelling, when in fact it is going backward.

And that is just the stuff we know about.

Ratepayers – and councillors – rely on being given accurate information by its very well-paid senior council officers, with Mr Anson at the top of that tree.

We shouldn’t have to work this hard to get to the truth.

It shouldn’t be the case that every time a major issue arises, we have to strap ourselves in – volunteers, ratepayers, journalists, councillors – for another exhausting wade through the reports and fine print to see what is really going on.

But this has become the culture within the WCC and it is the culture that has developed under Mr Anson’s watch.

As BCRAG member Teresa O’Brien shouted out at Monday night’s meeting, “We just want to be told the truth”.

When the stakes are so high – wild beaches that will be trampled, or ancient trees that cannot be replaced – never has this plea been more important.

[Note: What happens next with the racehorses on beaches? Now that the WCC has been found in breach of its planning laws, the State Planning Minister Richard Wynne may intervene and grant permission. If not, the WCC can amend its planning laws, but this is a lengthy process. The State Government moves into caretaker mode on November 1, before the state election on November 24. The Warrnambool Racing Club and Racing Minister Martin Pakula are desperate to have this resolved before then.]

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