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LEGALITY FLYING IN THE FACE OF MORALITY

18/8/2022

18 Comments

 
Mission Helicopters director Ray Cronin  was a guest speaker at the Mission Beach Community Association (MBCA) meeting on Monday 15th August. 
 
In opening the meeting, MBCA president  Patrick Bluett  asked that decorum be observed and there be no heckling during the meeting.   There were several other speakers during the meeting  with questions invited from the floor but in strict adherence to his  request questions were denied following  Mr Cronin's presentation. 

​Why not allow questions?  What is Mr Cronin afraid of?
​

An    Open Letter   addressed    to Mr Cronin outlined public concerns about his proposed helicopter aerodrome with a request  to locate the business to a place away from  residential  and sensitive important  environmental areas. The letter   was sent to MBCA  for delivery to Mr Cronin ahead of the meeting.​ 
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Mission Helicopters director Ray Cronin
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MBCA letter to CCRC Jan 2021
  In the   presentation, Mr Cronin outlined his business intentions. Two of the reasons he gave   for locating  his proposed  helicopter   aerodrome  at Mission Beach were "recognising a gap in the market"  and that it was simply "in our DNA".
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A large part of Mr Cronin’s presentation was  focused on his part in the rescue of the sole survivor of a recent tragic sea accident. 
​

Mr Cronin concluded his address without  reference to the open letter or community concerns. The concerns are consistent with  MBCA's letter to the Cassowary Coast Regional Council in January 2021 representing their members.  (left).  In the minutes of the meeting  MBCA's active support of the proposed aerodrome was clarified in the statement  from the  Chair ;  "this is not a case of changing position or a need to canvas community as the application was approved by council and upheld in a court of law following due process". 

​ While one question was allowed by a MBCA committee member another attempt to  ask a question of Mr Cronin  was denied.
​
Reliant on legal structures to ignore legitimate needs of the local community
During  his   presentation,    Mr Cronin claimed his business will help the community but his actions show  his  interests lie  in what is allowed by law, not the legitimate needs of the local community. 

Mr Cronin made it  clear  the court had approved  his development adding there was now no further legal avenue of appeal  .


"It might be legal but that doesn't mean it is moral, ethical or acceptable to the residents of Mission Beach who have an expectation they can live in peace and quiet and not be disturbed by noisy intrusive helicopter activity". said Ms Gallie.  "Legal processes are easily available to a wealthy developer to intimidate the local community into putting up with the unacceptable"

"Wooing the public with  a promise of  local benefits  through tourism transfers  from Cairns and Townsville to Dunk Island and Bedarra and a feel good focus on emergency services  belies the true impact Mission Helicopters aerodrome will have on our small community". 

​Mission  Helicopers is not a boutique business servicing our nature sensitive  tourist  town. said Ms Gallie. "  In Mr Cronins 'DNA' as he puts it, is  the ability to   establish   
 Kestrel  Aviation, one of Australia's largest fleets of specialist multi-role helicopters in Australia. 

This trojan horse will be bringing  all the  helicopter  activities in  the following list, with work for;
  • Utilities
  • Power
  • Water catchment
  • Land management
  • Construction
  • Survey and
  • other helicopter related activities
  • AMSA (Australian Maritime Safety Authority) 
  • JRCC  (Joint Rescue Coordination Centre) as well as  
  • Disaster response.

Given this extensive list of  helicopter activites   made legal  through the court order, it is difficult  to understand what was meant in   C4's media release following their withdrawal   from the appeal when President Peter Rowles  said: “We were not able to stop the helicopter base altogether but we were able to secure some more favourable conditions governing its operation". ​
Picture
Mission Helicopters presentation

​No law or regulation exists to limit aviation activity
The Air Services Noise and complaints information service     know how disturbing helicopter activity is  but  concede that no law or regulations exists to limit any type of aviation activity.   This fact was established during the appeal negotiations between C4 and Mission Helicopters and highlighted in Mr Cronins presentation.
 
The negotiations relied on the willingness of each party to reach an agreement. The community expectation was any agreement would only be acceptable if it addressed their well voiced concerns. Failing a suitable mediation outcome, it was believed the appeal would continue to a court hearing.
 
The outcome was not what the community was looking for. The appeal against the Council’s approval was withdrawn in favour of a negotiated agreement.  The approval and conditions were based on an agreed  noise level and other compromises during the mediation.
 
How much noise do Robinson 444 and Bell Long Ranger helicopters make? "Most certainly Mr Cronin knows" said Ms Gallie. "Who was responsible for establishing the noise level the trials were assessed against"?   "Who decided the noise level generated from either of the two medium size helicopters used in the trials and now allowed to operate from 2224 Tully Mission Beach Road was acceptable"?   "Why was Mr Cronin allowed to pilot the helicopters during the trials"?

"Who was responsible for the decision that 120 helicopter take offs and landings anytime of any day in the heart of Mission Beach was acceptable"?
 
These questions  go unanswered as the community was not involved or consulted during the negotiations nor did the conditions agreed to and ordered by the court address the community concerns. The matter was not taken to court.  

One of the court ordered conditions is the flight path. Flight paths cannot be enforced as they are determined by the pilot and dependant on weather conditions at the time. Likewise, it is left to the heliport operator to consider any impacts on sensitive areas such as national park and residential areas.   Mr Cronin has not acknowledged or made any attempt to address these community concerns. 

Local Council Assessment process  fails community
Aircraft noise and/or environment impacts are usually managed within the development application with impact statements.  The local council failed to consider the impacts of the development on the residents,  and important wildlife and environment at Mission Beach.
 
CASA encourages fly friendly agreements to be considered by council and with the helipad operator and local residents during the assessment process.   There has been no mention of a fly friendly agreement either during the initial development approval or during the appeal. 
​
An    industrial business with  Mission Helicopters legal capability located in the heart of Mission Beach villages at 2224 Tully Mission Beach Road will undermine community sense of place and the foundations of a tourism economy built on the points of difference at Mission Beach.

 
The local planning scheme, the development assessment process, and any moral obligation Mr Cronin may have, has completely failed the  Mission Beach community and the expectation   their peaceful lifestyle, environment and important wildlife is protected.
Buy Back for 2224 Tully Mission Beach Road
Mr Cronin is aware of the social division and ongoing anxiety and stress his proposal has caused to members of the community.
 
The   petition    asking Mr Cronin to please fly elsewhere now has 314 signatures. The petition  comments explain  the community concerns.
 
If Mr Cronin has a commitment to the community as he claims, why did he avoid questions at the MBCA meeting and why has he not responded to our  open letter?

2224 Tully Mission Beach Rd  is  a strategic rehabilitation area most suited to  a property buy back to establish a robust cassowary corridor  and allowing opportunity for the  rural land to be developed  appropriately, for example, a  high value niche cropping/ farm tourism venture. 

 

LG
​Mission Beach Cassowaries
No Helicopters Here campaign
nohelicoptershere@gmail.com 
18 Comments
Debra Lahrs
19/8/2022 08:53:48 am

This development is wrong on so many levels. “The price of apathy towards public affairs is to be ruled by evil men.” ~ Plato

Reply
Mission Beach Cassowaries
19/8/2022 03:36:33 pm

BISSION BEACH CASSOWARIES
19/8/2022 03:33:54 PM
Totally agree Debra. We encourage everyone to speak up.
Mission Beach has too long been pulled back and forth at the vagaries of opportunitic developers. We need stability not this boom and bust see-saw we are on governed by perceived economic gain.

Mission Beach has it all. Any person with a vision could see the potential of a sustainable economic future here simply by protecting those things that are special.

It's all explained here www.missionbeachnaturally.com. These are things we need to protect and these are the very things that will be destroyed by an industrial aerodrome being dumped right in the heart of our villages.

Reply
Tony Pembroke
19/8/2022 09:52:29 am

This not a "development" for MB, its a backward step.
Tully airport is just minutes flying from MB. Certainly, fly tourists from Cairns to Tully and then use road transport to bring them over to MB and into Tully area, so they can get full appreciation of this last gem. They may even catch a close up of a Cassowarie in its home environment.

Reply
Mission Beach Cassowaries
19/8/2022 03:46:11 pm

It is more than a backward step Tony. It will totoally change Mission Beach forever and from what we have seen, Mr Cronin doesn't give a toss. He won't answer questions, he won't respond to letters addressed to him or even when he presents at a community meeting. He just wants everything his own way. He didn't explain why his business couldn't operate from a town just 20 minutes road drive away and only minutes by helicopter.

I wonder how he got to fly the helicopters in the noise trials? Of course the results of the trials came in under the noise level agreeed in mediation negotiations. He's an expert. He wasn't going to agree to something he knew he couldn't win was he?

This is all just conjecture of course but we have nothing else to go by given the community was exluded from all decisions made during the appeal.

Reply
Mission Beach Cassowaries
22/8/2022 10:08:56 am

Hi Tony,
You can help by sending a letter to the editor at the Cairns Post explaining why you are against this inappropriate development and asking for Mr Cronin to locate his helicopter aerodrome to a place where it cannot disturb and disrupt Mission Beach residents, our peaceful residential lifestyle, and our sensitive and important wildlife.
His proposed helicopter aerodrome has already caused social division and continues to cause ongoing anxiety and stress within our community.
Thanks for your help and support

https://www.cairnspost.com.au/news/opinion/letter-to-the-editor

Reply
Marilyn Hagley
19/8/2022 01:47:23 pm

New resident of Wongaling Beach. I live there because of the environmently beauty of the area
No too helicopters see no reason for them. Keep our area beautiful safe and clean.

Reply
Mission Beach Cassowaries
19/8/2022 03:50:02 pm

Welcome to Mission Beach Marilyn.
Most people have chosen to live at Mission Beach for the very reason you have.
Mission Beach is special and we are trying to keep it that way.

If you would like to be on our mailing list for updates on the No Helicopters Here campaign please email missionbeachcassowaries@gmail.com. We would love to have you on our team.

Reply
Mission Beach Cassowaries
19/8/2022 04:08:33 pm

Oh I forgot.
If you haven't already please sign our petition and please leave a comment why you love Mission Beach and think this industrial development is located at the wrong place.

https://www.change.org/p/mr-cronin-please-fly-elsewhere

Thankyou for your support :-)

Mission Beach Cassowaires
22/8/2022 10:07:19 am

It would be of great help if you could send your comments to the Cairns Post letters to the editor Marilyn.
We ae asking Mr Cronin to locate his helicopter aerodrome to a place where it cannot disturb and disrupt Mission Beach residents, our peaceful residential lifestyle, and our sensitive and important wildlife.
His proposed helicopter aerodrome has already caused social division and continues to cause ongoing anxiety and stress within our community.
Thanks for your help and support

Reply
Marilyn Hagley
20/8/2022 12:48:20 pm

I will sign petition and updates please. Happy to be involved in supporting the stop to this.

Reply
Mission Beach Cassowaries
22/8/2022 08:55:21 am

Thank you Marilyn. Could you please email us your email address for updates. missionbeachcassowaries@gmail.com or 0414 402315

Reply
Mission Beach Cassowaries
22/8/2022 10:07:24 am

You can help by sending a letter to the editor at the Cairns Post Marilyn. explaining why you are against this inappropriate development and asking for Mr Cronin to locate his helicopter aerodrome to a place where it cannot disturb and disrupt Mission Beach residents, our peaceful residential lifestyle, and our sensitive and important wildlife.
His proposed helicopter aerodrome has already caused social division and continues to cause ongoing anxiety and stress within our community.

https://www.cairnspost.com.au/news/opinion/letter-to-the-editor





Reply
Shelly Thamm link
20/8/2022 01:27:56 pm

Like the majority of the population of this area I chose to live here because of the beautiful World Heritage natural environment and the peaceful nature of the area.

I am very concerned about the impact on the cassowaries and other wildlife.I do not want to hear helicopters flying overhead all day long. This is commercial exploitation not a necessary service.

Reply
Mission Beach Cassowaries
22/8/2022 08:59:15 am

Thank you for your support and totally agree with your comments Shelly.
If you are not already on our email list and you would like updates of ways you can help please send us your email to missionbeachcassowaries@gmail.com or 0414 402 315.

Reply
Mission Beach Cassowaries
22/8/2022 09:59:26 am

We would ;like to ask you a favour Shelly. You can help our campaign by sending your comments to the Cairns Post letters to the editor.
https://www.cairnspost.com.au/news/opinion/letter-to-the-editor

Reply
Michelle Fale
20/8/2022 05:49:58 pm

Why can he not utilise Tully Airstrip?
Shame on you Mr Cronin.
Take your money and move somewhere else.
Time for locals to lodge ‘no fly zones’ over their properties.

Reply
Mission Beach Cassowaries
22/8/2022 09:57:10 am

Mr Cronin tell sus he cannot operate his business from Tully aerodrome but doesn't say why. He can certainly find a more appropriate location for an industrial helicopter aerodrome than the heart of Mission Beach.
Mr Cronin owns one of the most successful helicopter businesses in Australia so he knows all the rules.
He knows there is no regulation covering aircraft activities.
He knows there is no law requiring him to consider residents or other sensitive land uses such as National Parks.
He knew what noise levels helicopters make so it stands to reason he is not going to negotiate an outcome he is not confident of winning.
Based on the noise trials his development might now be legal because of C4's compromise but it is not acceptable to the community.
Please send your comment to the Cairns Post letters to the editor Michelle.
https://www.cairnspost.com.au/news/opinion/letter-to-the-editor

Reply
Mission Beach Cassowaries
22/8/2022 09:47:07 am

To Poul,

Apologies, your comment was deleted by mistake.
The magnitude of the impact of a helicopter aerodrome at that location can only be imagined. Mr Cronin presented us with a list of what he intends to do from the site he has chosen. A full raft of industrial uses. The Mission Beach community is being wooed with the emotional issue of emergency services and promises of economic benefit.

We all know who stands to benefit from this proposal and it is definitely not the Mission Beach residents.

The legal outcome from the agreement reached between C4 and Mission Helicopters does not represent the Mission Beach community and does not address their well voiced concerns.

120 take offs and landings from two medium size helicopters anytime from early morning to late afternoon 7 days a week is not acceptable to the residents surrounding the aerodrome site.

We hope you will continue to add your voice to the campaign calling on Mr Cronin to locate his business well away from residential areas and cassowary corridors.

If you are not already on our email list please let us know so we can keep you updated. missionbeachcassowaries@gmail.com 0414 402 315

Reply



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    Please show your support
    ​Sign the petition
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    Call to the Hon Tanya Plibersek to call in helicopter development for proper assessment

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    This website is managed by Mission Beach Cassowaries inc to share information about the No Helicopters Here campaign against  the approval of  A HELICOPTER BASE   on 2224 Tully Mission Beach Road.
    https://www.change.org/Consider-Mission-Beach-Residents-Amenity-Wildlife
    2022Aug26-Update-#1

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    Post your helicopter sightings on the No Helicopters Here facebook page
     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.

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

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

    Picture
    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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