MidCoast Council will continue to investigate the works which have started on an approved subdivision at 238 Boomerang Drive, Blueys Beach and have issued three penalty infringement notices for offences under the Environmental Planning and Assessment Act 1979, in relation to compliance with various conditions of the development consent.
Council has also served a Direction to Take Preventive Action under The Protection of the Environment Operations Act due to concerns regarding insufficient erosion and sediment controls which may result in water pollution in a rainfall event.
The 77-lot residential subdivision was approved in 2019 after the land was rezoned following an appeal to the Land and Environment Court in 2012.
A planning agreement was put in place as part of the rezoning that saw 72 hectares of the land dedicated to the National Parks and Wildlife Service and the residential zone restricted to a 10.2 hectare area directly on Boomerang Drive.
Council compliance staff have and continue to attend the site to take action in relation to the immediate risks the site poses to the environment.
Investigations are ongoing and additional enforcement options are currently being reviewed by Council.
