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​Court order and C4 report

5/9/2021

2 Comments

 
So “the community” are to be guinea pigs!

From what little information has been given to “the community” (see below) we can only deduce that the very community people who have led the charge against the council-approved anti-social anti-wildlife helicopter aerodrome will now be subjected to a taste of what’s threatened!

And at your expense - whether by the Council spending your rates to defend their decision, or by your donations towards paying to reverse that decision.
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Community opposition is not limited to the acoustic impacts the developer might admit to. In any case, the integrity of the acoustic testing depends on the integrity of the developer and his application - and we’ve already lost faith in that. We don’t have any faith that the limitations he’s agreed with the Council will not be exceeded once his business is installed. Remember the Application and the boat washing facility included in the fine print?

So he’s not likely to disclose future bigger aircraft he’s actually got in mind: why would he invite further community opposition?

All the community can know is that C4 and the developer have now agreed to “an approach” to acoustic testing; this being a negotiated outcome, there must be something in this “approach” for the developer (or he wouldn’t have agreed to it), presumably his opportunity to produce a rosy picture of noise impacts or of mitigation measures. Given the size and tentacles of Mission Helicopters and related business, it would be prudent to guess he’s done all this before.

Within the limits of the “agreed approach”, C4 and the developer have further agreed to prepare terms of reference for the acoustic testing; ie they have agreed to limits as to what and how helicopter “noise” will be measured, and under what conditions. We have no information about these tor, nor what expert advice went into them, but we can be sure the MH knows all about this stuff - after all,  it’s his business.

See invitation below to  contact C4 for more information.


Margaret Moorhouse
Alliance to Save Hinchinbrook (ASH)



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In the Planning and Environment Court
            No 34 of 2021
Held at: Cairns
 
Between:
COMMUNITY FOR COASTAL AND CASSOWARY CONSERVATION INC IA13634
                Appellant
And:          
CASSOWARY COAST REGIONAL COUNCIL
   Respondent 
And:
MISSION HELICOPTERS PTY LTD
ACN 636 565 083            
          Co-Respondent
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ORDER 
Before His Honour Judge Morzone QC
Date of Hearing: 3 September 2021
Date of Order: 3 September 2021
IT IS ORDERED  THAT: 
Proposed helicopter flight trial
1.      On or before 7 October 2021, the acoustic experts will meet to determine the terms of reference, minimum requirements, methodology and reporting for the proposed helicopter flight trial [“agreed approach”]. 
2.      On or before 29 October 2021, the proposed helicopter flight trial will occur pursuant to the agreed approach.
3.      On or before 22 November 2021, the data obtained from the proposed helicopter flight trial will be analysed pursuant to the agreed approach and the acoustic experts will provide to the parties’ solicitors a copy of their reporting pursuant to the agreed approach. 
Review
4.      The appeal will be reviewed on 3 December 2021.
Video source: Mission Helicopters facebook page
2 Comments
No Helicopters Here campaign link
6/9/2021 10:13:09 am

What will a trial that has 'agreed' parameters achieve?
The community does not want a heliport on 2224 Tully Mission Beach Road.

"Community opposition is not limited to the acoustic impacts the developer might admit to. In any case, the integrity of the acoustic testing depends on the integrity of the developer and his application - and we’ve already lost faith in that".

Will this trial compromise in any way the expert reports which are a required process of the appeal? The 'trial' itself is not a court order. C4 has asked for the trial. The court has only ordered that the trial be carried out pursuant to an "agreed approach".

How can the community find out what the terms of reference, minimum requirements, methodology and reporting referred to in the court order mean?

For more information contact C4 on 40687197 or email c4mission@gmail.com

Reply
Bonny Bauer
6/9/2021 10:35:41 pm

Just go sit at the Tully airport, turns out that fit for purpose designated aerodrome is already being used for joy flights.
I wonder if the user fees have been waived at the Tully Aerodrome for Ray Cronin, Kesyrel Aviation and the startup Mission Helicopters - after all Mayor Nolan stated a 'partnership between Council and Mission Helicopters'.
Right now they fly wherever they want, whenever they want with no monitoring as to exclusion zones over Hinchinbrook Island and dugong feeding grounds, no monitoring of buzzing nesting shoreline birds or on Great Barrier reef cays, and no regards to buzzing rural properties now subject to being used as the viewing zoo for cashed up tourists.

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     Court appeal   chronology
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    28th February 2022.
    C4  entered into a  compromise  settlement with Mission Helicopters. The appeal did not proceed to a court  hearing. 

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     3rd December  2021
    The appeal was reviewed.  Judge Morzone ordered  (above) the appellant (C4) to provide a list of matters they wish to be considered for inclusion in the proposed conditions attached to any approval  of the development application.

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     3rd September  2021
      
     Order (above)  made  by his Honour Judge Morzone QC.​
    Appeal review listed for  3 December 2021

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    6th August 2021
    Court ordered MH to  respond to  C4 correspondence by  August 15th. Appeal review   listed for 3rd September.

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    3rd June 2021
    ​Grounds on which Mission Helicopters, as co respondent ,   defended the appeal .

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    5th Mar 2021
    C4  filed to appeal the  Heliport approval  decision

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