MOTOR SPORTS (WORLD RALLY CHAMPIONSHIP) BILL 2009
Page: 16788
Agreement in Principle
Debate resumed from an earlier hour.
Mr ANDREW STONER (Oxley—Leader of The Nationals) [4.33 p.m.]: The object of the Motor Sports (World Rally Championship) Bill 2009 is to facilitate the conduct of the World Rally Championship with a view to holding a rally in the Northern Rivers region of the State this year from 3 to 6 September and every second year thereafter until 2027. In September last year Events NSW and the Confederation of Australian Motor Sport announced that the Northern Rivers region would host the Australian round of the FIA World Rally Championship in 2009 and then every two years through to 2027. The first event, Repco Rally Australia, is to be held in the Tweed and Kyogle local government areas in September.
It is estimated that this rally will generate up to $100 million in direct economic benefits for New South Wales over the life of the agreement and lead to the creation of up to 2,000 new jobs and an estimated 92,000 visitor nights. The worldwide television audience is considerable. In fact, last year more than 816 million people in 180 countries watched the world rally, attracting approximately 51 million viewers per round. This World Rally Championship event will market New South Wales, and in particular the Northern Rivers region, to an international market.
These are the sorts of events that are good for New South Wales. The Liberal Party and The Nationals will not oppose the legislation, especially given that we have had substantial input into improving the legislation to reflect community concerns. There was a raft of community concerns. I acknowledge that the member for Tweed and the member for Lismore, in whose electorates the event will be held, listened to their communities. The Government gave no indication that it was listening. The member for Tweed and the member for Lismore have worked very hard to bring community concerns to the attention of the Minister. The member for Tweed was involved in facilitating the moving of the marshalling area, which was quite close to the built-up area of Kingscliff, further away to a football field because there were concerns about the impact on social amenity in that area.
The member for Lismore arranged a meeting with mayors and the Minister to ensure that the concerns of the local region were taken into consideration. Some of those concerns included, initially, the damage that may be caused to local roads or other infrastructure. It should be noted that the bill includes a make-good provision to ensure that the rally promoters will pay for the cost of repairing any damages caused by the rally. There was a concern also in relation to the environmental impact, and members have received correspondence and communications from people concerned about the impacts on wildlife in our national parks. However, we note that a prominent local environmental scientist, Dr Stephen Phillips, has indicated that any ecological impact would be minimal.
There was a strong concern that the decision-making power had been taken away from the Tweed and Kyogle shire councils: the State Government overrode the normal process of the community submitting objections and having locally elected officials decide on the development application. Similarly, there was a concern that the legislation locked the Northern Rivers region, in particular the shires of Tweed and Kyogle, into five future rally events and that there was no mechanism whatsoever to review the bill following the initial event. As a result of the efforts of the member for Tweed and the member for Lismore, an amendment was carried in the other place. That amendment ensures that the Government will conduct a formal review of the rally after the first event in September this year. The review will look into the rally's impact on the tourism industry, on the environment, on Aboriginal cultural heritage, on public safety and on the local community generally. Quite importantly, the amendment that was carried in the other place ensures that the Minister's review will include consultation with the local community of the Northern Rivers region, Kyogle Council and Tweed Shire Council. That is the democratic process that people want to see when the State Government legislates for a significant initiative such as this.
It has taken the Liberal Party and The Nationals to ensure that the communities get a say in how this event is run, and they have the assurance that the Government will review the impact of the event after the initial rally. It is an important victory for the local community, and I commend the member for Tweed and the member for Lismore for their very effective and proactive approach on this issue. There remain some other concerns. It has been communicated to me that there are concerns about securing the rally area and, in particular, a concern that emergency services—for example, the State Emergency Service and the Rural Fire Service—might not be able to access any incident or accident within the declared rally area. I ask the Minister, representing the Minister for State Development, to address that concern in her reply.
There was also a concern that there are no guarantees that signage, barriers or marshals will be in place over the entire circuit or that those features will not be tampered with or removed. There is a similar concern that protective measures may not be in place to ensure the safety of occupiers of any private property involved in that any authority may not have the ability to restrict access to an active racetrack. We do not want people wandering out onto the racetrack. We want to ensure the safety of people who are living in the area. We want to ensure that special signage, barriers and marshals will be in place over the entire circuit and that they cannot be tampered with or removed.
We also want to ensure that emergency services will be able to access the declared rally area in the event of an incident or accident. That said, the Liberal-Nationals support major events that bring jobs and investment to our State. We support initiatives that help to promote the beautiful regions of our State, in this case the Tweed and Kyogle shires. We are assured that many of the community's concerns have been addressed, particularly as a result of the efforts of the member for Tweed and the member for Lismore.
Mr GERARD MARTIN (Bathurst) [4.40 p.m.]: I support the Motor Sports (World Rally Championship) Bill 2009. While the Government welcomes bipartisan support for the bill, it is not surprised that the Leader of The Nationals has tried to rewrite history. We all know that from day one the Government has been committed to public participation in and consultation about the arrangements for this event. It was important for the State Government to handle this event. Members representing North Coast areas know from the number of emails they have received about this event that it attracted a great deal of opposition. However, negotiations with crossbench members in the other place produced this legislation.
I come from an area in which motor racing is extremely popular. Mount Panorama is probably one of the best road-racing circuits in the world. The Central West and much of my electorate are very suitable for motorsport rallying. The Greens in the other place pointed out that I said I would be happy to have the event held in my electorate, so they suggested that it be moved to Bathurst. It is interesting that the Greens do not believe that this event should be held on the North Coast but that it can be held in the Central West. I do not understand the logic behind that. The regular car and motorbike rallies held in the extensive State forests in the local area bring a great deal of money and visitors to the region. Those rallies are all well run and the organisers adhere to the strict conditions required by the Confederation of Australian Motor Sport and other motorsport governing organisations.
A recent study conducted by the Western Research Institute at Charles Sturt University indicated that events at Mount Panorama bring about $160 million into the region each year. That proves that this is not token economic development. It has been said that this event will be worth $100 million to the region. The important thing about this world rally championship is that it attracts a great deal of international attention through pay television network broadcasts. I imagine that hundreds of millions of people will watch the event. Not only will they be watching the competition but they will also be exposed to the beauty of that part of our State. It is a very important event. The various tourism bodies in the area will build on this opportunity over the five-year contract period. They will cement New South Wales and that part of the State as an important component of the motorsport rally championship circuit.
Concerns have been expressed about the environment and safety aspects of this event. The organisers of this major international motor racing event have decades of experience in this field. They are very aware that if they do not adhere to the conditions that have been imposed and if the circuit is not as safe as it can be for drivers and spectators, they probably will not be able to continue to hold the event in that location. Motorsport involves inherent risks. However, fatal accidents are very rare because safety is the primary consideration. Given the speed at which the vehicles travel and occasional mechanical failures, accidents do occur. There are some spectacular bingles during rallies, but almost invariably the drivers walk away, if not uninjured then with only minor injuries.
All things considered, this legislation is worthy of support. The Minister for Tourism, who has carriage of the legislation in this House, will appreciate the economic stimulus created by the tourist dollars that will be spent in the Tweed and Kyogle areas. Many of the international visitors attending the event will also visit Sydney and other parts of the State. I imagine that a few visitors will take the opportunity to visit Bathurst to do a lap around Mount Panorama.
Mr Daryl Maguire: Slowly.
Mr GERARD MARTIN: If they travel at more than 60 kilometres an hour on a non-race day the local constabulary will have a chat with them. It is very frustrating driving down Conrod Straight at 60 kilometres an hour, but it is a public road when it is not a race circuit and that is the speed limit. About 300,000 people a year visit Mount Panorama circuit to drive around it and to feel the ambience—it has an international reputation. Of course, there are many other tourist attractions in the surrounding area. The five-star hotel that has been built towards the bottom of Conrod Straight will be open for business at the end of this year. Because people want to race motor vehicles, Mount Panorama has now developed into a major tourist attraction. I am sure that as the Motor Sports Rally Championship develops in the north of the State it will generate the same benefits and will cement Australia as one of the premier motorsport countries in the world. I commend the bill to the House.
Mr GEOFF PROVEST (Tweed) [4.48 p.m.]: I will provide some background to the Motor Sports (World Rally Championship) Bill 2009. However, before I do that, I will speak about the rally itself. I have met with the organisers of the rally on a number of occasions. They are a very professional unit and they obviously have a lot of experience. Gary Upson, the chief executive officer, has organised similar events in New Zealand, and Garry Connolly, the chairman, also has a great deal of experience in this area.
I believe that a lot of the angst surrounding the bill being introduced in the upper House was the result of local people not being involved in the decision-making process. I have been very concerned about that for some time. Discussions were held in September last year. However, the locals found out about it only in February this year. The Minister in charge of the legislation in the upper House, the Hon. Ian Macdonald, indicated in his reply to the second reading debate that he found about it only on 19 May. He said that two or three times during his speech in reply.
Concern was expressed in my electorate about the proposal to have the pits at a beachside location. I spent a considerable amount of time talking with the rally organisers, local resident groups, local clubs and so on. We found a suitable alternative venue at the Cudgen Leagues Club. It is a fine, upstanding club and home to the Hornets. We achieved that by talking to everyone and being open and honest. The Cudgen Leagues Club has a history of hosting big events. Late last year it hosted the State championships of the Rural Fire Service, which involved 500 firefighters. Also late last year it hosted the Indigenous Rugby League State championships. Over that period some 55,000 people attended the area, with very little trouble or inconvenience to the locals. That venue was a good choice and the events were well received overall.
Concern was expressed that I have been negative about the rally. I am not. I am negative about the process. Part of the process is particularly relevant in my electorate of the Tweed. As members are aware, four years ago our council was sacked. Last September we got it back. These negotiations may have been occurring with the administrators before that time but the information did not get out to the general public until February. There is often angst in the community about things of this nature, particularly in a pristine environment, and, as the shadow Minister, Andrew Stoner, commented earlier, this is a beautiful part of New South Wales. The hosting of the rally was suddenly thrust upon the local community without it having a real say, and that is why there was such angst. Probably the majority of people will not object to it. My angst came from the fact that democracy was taken away and the local people were not given a say, regardless of whether they supported it or did not like it.
I am pleased not to oppose this bill now that it has been redrafted. The original bill provided for an informal review in the first year followed by a formal review after the fifth year. That was good enough. Local people need to have a say in their future, a say in what affects their day-to-day lives. I say again, probably the majority of people in the Tweed are in favour of this event. I hope the figures touted by the Government to support the economic viability of the event stack up. Many years ago I was involved in the club movement in the Tweed. The organisers of the Indy car races approached us. That event is broadcast to hundreds of different countries around the world and attracts a large number of tourists. It was supposed to provide an economic boon for the region. Many years later the reality is that the economic boon happens in Surfers Paradise and up to about five kilometres from the track. If you go past that, nothing much happens. That is fine. It attracts a lot of tourists.
I am sure the world rally will also attract a lot of tourists. I am pleased to see that the new bill provides for a review of the impact of the event on the Northern Rivers region, tourism, the environment, Aboriginal cultural heritage, public safety and the local community. The review is supposed to take place as soon as possible after the 2009 rally, and the Minister is to ensure that the review involves consultation with local communities in the Northern Rivers, Kyogle council and Tweed council. My electorate covers part of the Tweed council area. A report on the outcome will be tabled in the House within 12 months of the end of the declared rally. It is all about local people having a say in their futures.
Events NSW deserves a little criticism here. I do not think it consulted with the local people. A classic example of lack of consultation occurred when I talked to the rally organisers in February. They indicated that the Premier's department had been fully consulted. I knew nothing about it and other people in the town knew nothing about it. That being said, I do not oppose the bill. However, I reiterate that local democracy was ripped away. The people of the Tweed had to wait four years to have a democratically elected council. We have just got it back and it seems that its powers have been taken away. It is an onerous bill in many regards. It overrides any current State legislation, whether it involves lands, fisheries, environment, noise, and so on. I think the event is going to be a success. I think some of the fears that were being put forward by the community are unfounded.
I am pleased with the combined efforts of the Liberal Party and The Nationals in taking these matters on board. I am pleased to say the event received good support within the Coalition. After all, we are the people out in the field; we are the ones listening to the local concerns. Some people will not be happy with the passage of this bill but I think overall the majority of people, particularly those in my electorate, will be happy with it. It was a good team effort by the Liberal Party and The Nationals to bring it to this level and to ensure some transparency, openness and consultation. I am sure it will result in a large number of visitors coming to the area.
Yesterday in this House I made a private member's statement on the tourism industry of the Tweed. I note the Minister for Tourism is present. She copped some criticism in the weekend's papers from her counterpart in Queensland, who suggested her department is hijacking tourists south. I defended our Minister and said that half the airport is in New South Wales. It is not their airport, it is our—
Ms Jodi McKay: It was the member for Lismore's idea.
Mr GEOFF PROVEST: That was a very good idea of the member. I thank the member for Lismore for bringing that idea to you. The Gold Coast Airport will have around four million visitors this year, 400,000 of who will come direct connect from overseas. You can now fly into the Gold Coast from Japan, Kuala Lumpur, the Middle East, New Zealand and a few other areas, and that will only expand. Just over 30 per cent of those who land at the Gold Coast Airport turn right and come into New South Wales.
Ms Jodi McKay: That is my advertisement.
Mr GEOFF PROVEST: That is your advertisement—turn right. I compliment the member for Lismore and the tourism Minister. It is a brilliant campaign. One might say it severely upset our Queensland counterparts, who spend a lot of money on attracting tourists. I am sure a lot of people will come to the world rally through the Gold Cost Airport and travel south. As I have said many times, unemployment in the electorate of Tweed is 2 per cent higher than in the rest of the State, and youth unemployment is 3 per cent higher. I know that a number of Coalition members are motorsport fans. It was a good team effort by the Liberal Party and The Nationals to put the rights of local people forward and have them identified in the bill so that their views are taken seriously after the first year. I am not opposing the bill. Some common sense has finally shone through. I hope the event lives up to its expectations, attracts that $100 million of extra income to the region and promotes New South Wales as a great place to be. It is most appropriate tonight, as we are playing the Queenslanders in football—and I am sure we will beat them. Once again, I am 100 per cent for the Tweed.
Mr PETER DRAPER (Tamworth) [4.58 p.m.]: I oppose the Motor Sports (World Rally Championship) Bill 2009. It seems to me that the Government is again prepared to trample on New South Wales residents' democratic rights just to ensure the rally proceeds, despite many local area and wider community concerns. Many people from the North Coast will be directly affected by this event, and many others are concerned about the process the Government is using to get this event underway. They have contacted me over recent weeks. Most believe they are witnessing a disintegration of the democratic process, as the Minister has taken it upon himself to introduce special legislation that ensures that a singularly inappropriate and environmentally damaging event can and will take place alongside the World Heritage-listed Border Ranges National Park, and within the internationally acclaimed and federally funded green caldera biodiversity hot spot area. These concerned citizens who have contacted me believe that any right of reply that would ordinarily have been granted to concerned residents and other people wanting to debate genuine issues relating to this event has now been removed.
They are rightly concerned that all power has been handed over to the Minister, with little or no regard shown to the rights of the public. In general, people are concerned that the legislation exempts the rally, and the actions of rally promoters and public authorities, from a whole raft of State laws that were designed to protect the public interest. Many feel that the provisions of the Act are antidemocratic, removing any ability for local communities to have input into processes and decisions that directly affect their quality of life. Right around New South Wales many fear the bill as proposed because it continues a disturbing trend by the Government to impose legislation that tramples over the rights of local communities to facilitate the interests of some sectional groups and private organisations.
Residents of the Tweed Valley and Kyogle areas have contacted me and told me of their concerns about impacts of this event, including environmental, economic, social and political factors. They have outlined environmental concerns that the rally will impact upon threatened flora and fauna, including koalas and other species classified as endangered or vulnerable. They point out that the rally will occur in the koala-breeding season every second year for up to 20 years, and that bushfire risks associated with the rally have not been properly assessed or addressed. They claim the rally is an affront to many locals, who work hard to protect local flora and fauna through Landcare, wildlife care and other similar groups. They point out also that the use of national parks for a car racing event is inconsistent with current legislation and community expectations.
From an economic perspective, residents believe there has been inadequate consideration of the real costs, and that there is an inflated estimate of economic returns. Additionally, they are concerned about potential damage to the growing ecotourism industry, and believe the event is inconsistent with the growing importance of ecotourism and nature-based tourism as a key priority for economic development of the area. From a social perspective, people fear increased alcohol and violence, antisocial behaviour, copycat driving, a direct conflict with State Government programs that seek to reduce dangerous driving, plus the possibility of increased driving-related deaths and injuries. They are also greatly disturbed about the social division that this event is creating in their local communities.
Politically, there are concerns about deals done between government agencies and a private company, a lack of public consultation, subsidies to the event from the public purse, a perception of inappropriate relationships between developers and approving authorities, plus the exclusion of local communities from the decision-making process. I might add here that there is considerable support in my community for these concerns, given the situation local farmers face when trying to protect their prime agricultural land from unwelcome development on the Liverpool Plains.
From a cultural perspective, significant issues are identified in the cultural heritage assessment that require further clarification and assessment by suitably qualified persons. Assurance is sought that no provisions contained in the bill will extinguish the protection normally enjoyed by Aboriginal culture under the National Parks and Wildlife Act 1974. No consideration has been given in the cultural heritage assessment to the impact of the rally on any areas of significance to Aboriginal groups in the area or of significance to local Aboriginal women, who were not properly consulted for the cultural heritage assessment. I understand there are two distinct Aboriginal groups in the area: the Githabul and Bundjalung. Only the Githabul were consulted about the rally being held in the area, while women have not been consulted, especially in relation to women's business. One Githabul woman has sent a letter to the editor of her local newspaper protesting against the event, stating that she will not take part in the planned welcome to country ceremony.
I believe the Government should reconsider its position on this proposed event. I do not understand how pristine national park and endangered native species can coexist with, as the member for Bathurst pointed out, quite spectacular bingles that occur during these rallies. I am relieved that a review will take place after one year but the event should not happen in the first place. There is widespread community dissatisfaction with this proposal, both in the local area and statewide. These issues must be addressed in a transparent fashion and, until they are, I strongly oppose the bill.
Ms CLOVER MOORE (Sydney) [5.03 p.m.]: I will make a brief contribution to the debate and oppose the Motor Sports (World Rally Championship) Bill 2009, which will facilitate the Repco Rally Australia race in the Northern Rivers region in September and every second year for the next 10 to 20 years. I acknowledge changes in the upper House that require a review of the race at the end of the year. I have received many emails and letters from concerned residents who live adjacent to the planned routes, as would many other members. My contribution will be brief, but I place on record the concerns raised with me about this bill to highlight the appalling process being pursued to guarantee the use of this sensitive land for a car race at the request of the Paris-based International Automobile Federation.
The bill allows car races through national parks and State forests without the need to comply with environmental laws or to submit a development application. I understand the region has been deemed the most biodiverse area in New South Wales. The proposed route will go through areas that are home to threatened species, endangered animals and vulnerable flora and fauna, including through core koala habitat, despite the threat to koala populations in New South Wales. I understand that some of the strategies to protect wildlife such as koalas involve use of low-flying helicopters to scare animals so that they move away from the route. This is an offensive approach to the management of wildlife and native animals that will result in significant stress to animal populations.
The Repco rally race will take place in September during the breeding season of the region's 250 native bird species and I share widespread concern about the impact that the race will have on their populations. I am told that environmental assessments for this race included only the impact of the car race itself and not associated activities such as set-up and truck movements. Normal process is being bypassed, and residents and environment groups say they have not been given the right to object to proposals. All New South Wales residents should be concerned about this bill: not only does it threatens a beautiful and biologically diverse Northern Rivers region, it also gives the Minister extraordinary power to impose the World Rally Championship race on any other area in the State by regulation. The Motor Sports (World Rally Championship) Bill is antidemocratic, anti-environment and anti-native wildlife and I cannot support it.
Mr ROBERT COOMBS (Swansea) [5.06 p.m.]: The Motor Sports (World Rally Championship) Bill 2009 facilitates the holding of the Australian round of the World Rally Championship in September 2009. The World Rally Championship is a widely respected international rally car event with a more than 35-year history. The Federation Internationale de L'Automobile World Rally Championship is the highest profile international four-wheeled motor sport championship after Formula One.
ACTING-SPEAKER (Mr Wayne Merton): Order! The member for Swansea will be heard in silence.
Mr ROBERT COOMBS: It is regarded by many as the most challenging motor racing competition on the international circuit, thanks to its demanding race conditions and rough terrain. In 2007 approximately 816 million people watched the championship. This year the 12 rounds of the championship will be held around the world. The 2009 championship rounds have already been held in Ireland, Norway, Cyprus, Portugal, Argentina, Italy and, more recently, in Greece.
ACTING-SPEAKER (Mr Wayne Merton): Order! The member for Coffs Harbour will listen to the member for Swansea in silence.
Mr ROBERT COOMBS: Other rounds to come this year include Poland and Finland, with Spain and Wales following the Australian round of the World Rally Championship to be held at the end of the year. In each event the host nation has the capacity to parade the merits of the region through a significantly increased national and international spotlight. International events such as the World Rally Championship competitions can bring significant economic and community benefits to New South Wales. The championship is an event that can be enjoyed by national and international fans of motor sports and the local community, attracting tourism, jobs and business to regional New South Wales.
The organisation involved in holding an international event such as the World Rally Championship is substantial. This bill will facilitate effective cooperation between the relevant State government agencies and local government involved, while still ensuring a proper and full consultation process with local councils—the end result being a more efficient and successful race planning process. Appropriate conditions can be imposed, however, to address vital matters such as public safety and environmental protection. Special legislation has been used in recent years for a number of major events, including the highly successful Sydney 2000 Olympic Games, the iconic Bathurst 1000, World Youth Day in 2008 and the V8 Supercars event to be held at Sydney Olympic Park at Homebush.
Other jurisdictions such as Victoria, Queensland and South Australia have legislation in place to facilitate the running of motor sports events. The bill has been tailored to suit the particular circumstances involved in the World Rally Championship, focusing on the simplification of the approvals process. Its provisions in relation to the approvals process are modelled on the provisions contained in other recent New South Wales legislation for special events, such as the Homebush Motor Racing (Sydney 400) Act 2008.
I understand that the World Rally Championship event has involved community consultation. The rally organiser has held open days for community consultation and advises that it has contacted residents in the region. The Government will also continue to ensure that the environment and public safety are properly protected. An ecological assessment of the championship has been conducted by environmental consultants for the rally organiser. The authorisation to conduct the rally event under the bill may be subject to conditions that the Minister considers appropriate, including conditions concerning environmental protection, public safety, reinstatement of land, and consultation requirements.
The rally organiser has arranged for the preparation of management plans and assessment reports in relation to the rally event, and they will be relevant to the determination of the appropriate conditions to apply to the authorisation for the rally events. The rally organiser has been conducting community meetings to keep the community informed about the event, and the Government will be looking to ensure that the community continues to be informed and is able to provide feedback in relation to rally events. The event demonstrates the Government's resolve in promoting the State's tourism, providing jobs to regional New South Wales, and stimulating local economies through direct investment in tourism. This is a significant initiative, and I commend the bill to the House.
Mr THOMAS GEORGE (Lismore) [5.12 p.m.]: In speaking to the Motor Sports (World Rally Championship) Bill 2009 I want to say first how pleased I am to see the Minister for Tourism in the Chamber. I understand that the Minister has been involved with this bill over the last few weeks. I was surprised by and disappointed in the comments of the member for Bathurst regarding the Leader of The Nationals indicating that the Opposition had some input into the drafting of the amendments. The member for Bathurst said that that was done by the crossbenchers. I take exception to that.
Mr Andrew Fraser: It's a load of nonsense.
Mr THOMAS GEORGE: Yes. On 1 June this year the Government announced that it would introduce the bill and that it would approve the process. Hence the headlines in the newspaper "Council loses control of rally" and "Repco all but given go ahead on rally". The announcement upset the community. The community had expressed outrage about the rally prior to this, but its outrage was heightened by the fact that the local councils, Tweed Shire Council and Kyogle Council, had lost any control they had over the rally. I thank the Minister for Primary Industries, who agreed to a meeting I arranged with the Mayor of Kyogle Shire on 1 May. The mayor could not get down to Sydney because of a plane problem but the Minister met the General Manager of Kyogle Shire and spoke to the mayor on a phone hook-up. Also at the meeting were Joan Van Lieshout, the Mayor of Tweed Shire Council, representatives of both councils, the member for Tweed and I. The Mayor of Tweed Shire Council, Joan Van Lieshout, wrote:
Thank, you for affording the opportunity to meet with you on Wednesday 3 June 2009, in relation to community concerns associated with the World Rally Championships to be staged within Tweed Shire.
Whilst it is acknowledged that special legislation is being developed to encompass this event, Council requests that a review mechanism be built into this legislation to enable any issues which may arise from this initial event to be reviewed. Council would appreciate the opportunity to participate in this review to ensure that the impact from this event has minimal effect on our natural and built environment.
During discussions, it was also mentioned that a "make good provision" would either be covered by way of the legislation or a deed of agreement. This is extremely encouraging and it would indeed be prudent to have an independent party perform an inspection of the proposed route prior to and following the event to determine the cost of any rehabilitation works required.
Council is in receipt of the documentation from Repco Rally Australia Pty Ltd and staff are currently reviewing the various reports. Following this review it is envisaged that a meeting will be held with Repco Rally Australia staff to discuss any issues that arise from this documentation review process.
A letter from the Mayor of Kyogle Council reads:
Thank you for agreeing to meet with Council yesterday to discuss the special legislation being developed for the Repco Rally Australia event.
As indicated during our discussions, it is our firm belief that the majority of the community are in favour of allowing the Rally to go ahead.
We would like to acknowledge that the rally organisers, Repco Rally Australia Pty Ltd have generated goodwill
In this regard, it was pleasing to hear that there will be a "make good" provision to ensure the protection of our community assets that will be utilised during the running of the rally.
The letter goes on to state that the council wanted to have the ability to review the approval following the rally to enable council to make further decisions for subsequent rallies. Kyogle Council wrote a further letter to me expressing concerns raised with the council by the community. The council outlined the community's concerns under the following headings: "Ability to review"—which the council wanted—"Impact on the built environment"—under which council stated that many community members had expressed concern about environmental issues in the area—"Area promotion", "Copycat activities", "Education activities", "Off-year events", "Other associated rallies", "Impacts on the residents/landholders who adjoin the rally routes", "Impacts on the environment", "Impact on wildlife and their habitat", "Carbon emissions" and "Policing".
I have received a lot of correspondence in relation to this issue. As I said in this place yesterday, I spoke to a local landholder who owns a property on the rally route. The landholder told me that Repco Rally Australia has indicated that it wants to build a viewing platform on the property. The landholder hoped that the legislation would not simply give Repco an opportunity to go onto the property, do what it wants to do, and leave all the rubbish there and disappear. I told the landholder that I do not believe the bill gives Repco the right to go onto private land to do that. I hope the Minister will clarify that aspect. Karen Nixon from the Tyalgum Store, who speaks on behalf of the Tyalgum community, refers to the "oversight of Tyalgum residents' needs". She wrote to me:
We don't believe that by giving Council/State Government approval for this event our elected politicians have considered that our village will be isolated during the event's key time in this area!
As a community we will be greatly inconvenienced and our access to and from Murwillumbah and all its essential services will be decreased.
For us personally, as owners of the Tyalgum Store, we have a whole community relying upon us for perishable supplies on a daily basis.
We are concerned about security also.
This brings us to another point—mail! The Post Office needs to be able to get mail in and out on a timely basis.
Gas deliveries are another major concern Restrictions placed on access to and from the village for the rally drivers will see some residents who run out of gas, without cooking, lighting and hot water!
We want Council/State Government to realise that holding such an event does interfere with the whole community and their rights and ability to perform normal daily functions such as collecting mail, buy their milk, bread, newspapers and gas etc.
I have simply grabbed a series of letters I have received on this issue. A gentleman by the name of Dr Ronald Wolff from Uki wrote to the Attorney General and sent me a copy of the letter. The concerns outlined in the letter include conflict of interest, no proper development application submitted prior to the rally being approved, and undemocratic regional planning commissions. The Northern Rivers Region Advisory Committee of the National Parks and Wildlife Service wrote to me as follows:
The Committee notes that Biolink, on behalf of the event sponsors, has undertaken extensive environmental analysis of the potential impact of the event; and make recommendations in respect of identified impacts. Furthermore, it is also understood that the event sponsors have accepted those recommendations.
All these people have done their studies. Conflict results when people from an organisation conduct a study and then the people who are against the rally conduct another study. I do not have the expertise to argue the conflicts resulting from those studies. I received a letter from Dr Jules Lewin on behalf of the Uki Guesthouse, a guesthouse for people with disabilities that does a wonderful job. Dr Lewin provided me with a summary in which her concerns about the impact statements are highlighted:
I am a retired medical scientist and spent 15 years as a tenured university lecturer. I recognise objective, quality research when I see it and there is none to be found in this SEIA report. I claim absolutely no expertise in socio-economics whatsoever, but if a multimillion dollar contract is allowed to proceed based on the authenticity, accuracy and recommendations of the socio-economic report, then those responsible are acting rashly and, in my opinion, most foolishly.
Obviously a lot of work has already gone into preparation for the rally, but we are much better off to cut any losses now rather than let this proceed. There are far more profitable, forward-thinking and sustainable ways to invest in the area, and I urge you to STOP the proposed Repco Rally Australia and vote against Minister Macdonald's "Special Legislation".
Jules Lewin
That is a typical example of the views of people across the electorate. The Sacred Heart Parish at Murwillumbah approached me with a few concerns regarding access to its schools during this time. Joey's Pouch Educational Child Care Centre informed me that restricted access to their building would interfere with the centre's trading hours; however, Repco Rally Australia has assured me that it has attended to the centre's needs. Recently the president of 7th Generation Inc. provided me with a copy of the Response to Environmental Noise Impact Report.
A summary of that report states that the rally is only likely to appeal to a narrow spectrum of tourists; it has the potential to do significant harm to the areas economy and culture; the area is known to be nationally and internationally significant for its diversity of plants and animals, and is the evolutionary hub of the west sub-tropics, with a high number of endemic species; the estimated contribution to the local economy from the 2009 event is $10.96 million, but the source of the data as to this estimation is not given; there is no indication as to whether the running costs of the State Emergency Service and rural fire brigades will be covered by the Repco Rally Australia or the taxpayer—these costs need to be accounted for but are not touched on by Conics; if this event were to be held in September, the driest month of the year in this region, the potential for bushfires would increase dramatically, posing a severe danger to agricultural land, farm buildings, machinery, stock, wildlife, houses and human lives; the unacceptable levels of noise and dust are significant burdens on residents but no mention is made of the dust hazard in the SEIA report; and the prospects of this event have already caused great social harm and families have been divided by disagreements over the anticipated benefits and negative effects of the event.
Parts of the community have had trouble in accepting this event. At the end of the day members of Parliament represent the community. I have been working with the Tweed Shire and Kyogle councils since this event was announced in September last year. In fact, I can remember publicly hearing about this matter on 10 September 2008—I had no prior knowledge about it. The councils were disappointed that the control of the rally was taken out of their hands. This world event needed to progress, and whilst a lot of concerns have been expressed as to different issues, a lot of other people have promoted its benefits. What was wanted in this legislation was made clear to me prior to the meeting that was held with the Minister, the two mayors of the councils and me. First, a review process was to happen after the first event and, second, there was to be a "make-good" provision.
Neither council wants its community to be out of pocket or to have any environmental damage. They do not want their shires to be made responsible for any damage and they do not want to argue with Repco rally after the event about repairs to roads and infrastructure. A request for an independent umpire has been made. The Roads and Traffic Authority would be a good umpire. I also seriously recommend to the Minister that images should be taken of the roads and any infrastructure that may possibly be affected. [
Extension of time agreed to.]
Images need to be taken because the last thing we want is arguments after the rally between the councils, the community and Repco Rally Australia. The Minister should ensure that the review process covers that because I can assure the Minister I will be back in the House either condemning or praising the organisations that have been involved in conducting the rally. Some members of the community will be disappointed that the rally is to proceed. Kyogle council received some 1,300 signatures on a petition in short time supporting the rally. No doubt a similar result could be achieved against the rally. New South Wales will be on show to the world when the rally is held. I trust that the organisers will be able to satisfy the requirements of the National Parks and Wildlife Service and care for the environment affected by the event. As the Leader of The Nationals has indicated, the Coalition will not oppose the bill.
Mr ANDREW FRASER (Coffs Harbour) [5.27 p.m.]: I commence by declaring an interest. I have been a proud member of the Confederation of Australian Motor Sport for approximately 37 years. In fact, I operated controls at the Southern Cross Rally, which was conducted in the Gloucester, Walcha and Port Macquarie areas way back in the days when we had Shinozuka and many other people with foreign names competing in the equivalent of the world rally championship. That event attracted thousands of people to a base in Port Macquarie. After listening to this debate I am tempted to move an amendment to the legislation to have the rally moved to Coffs Harbour! Only recently Coffs Harbour hosted a round of the Australian Rally Championship, which we lost about three or four years ago. Having listened to the concerns of my colleagues in this debate, I can assure them that the people that run these rallies are mainly volunteers. They are people like me who enjoy witnessing a great motoring event in the forests of the North Coast.
The member for Tamworth and the member for Sydney have raised environmental concerns. The national parks through which the rally will take place used to be State forests. The rally drivers, who are competent drivers of world standard, race on fast roads and the roads are left in a better condition than they were before the rally races. I listened to the Government members read their speeches prepared by the Minister's office. I advise them to tune into SBS on Sunday at 2.00 p.m. and watch the World Rally Championship. Last Sunday SBS televised the Acropolis Rally in Greece. It was a phenomenal event. Loeb, who was favoured to win the event, hit a rock, rolled his vehicle and did not complete the event. I believe a second-time winner won the event. It was exciting stuff.
Although these rally vehicles are powerful, they are driven by competent drivers. There have been a few accidents over the years. But for the 37 years that I have followed these rallies, the only time anyone has caused any real angst was about 33 years ago when the Greens put rocks on Horseshoe Road at the back of Bellingen. Their actions caused great danger to the drivers and spectators. The spectators are well marshalled. The Leader of The Nationals raised concerns about the closure of the roads. Marshalls will be stationed at all the road closures and spectator positions. As I said, I have done marshalling for many years. The emergency services personnel will be able to get in and out. The rallies are well organised and emergency services, such as the Rural Fire Service or the Ambulance Service, are catered for. All contingencies are taken into account at these rally events.
I compliment Gary Upson, to whom I have spoken. He has experienced a great deal of angst in organising this event. I understand the need for the Government to bring in this legislation to make sure this rally goes ahead. If it were done by way of a development application, it could be guaranteed that the Greens would make an application for an injunction in the Land and Environment Court and stop the rally. As previous speakers have said, this event is televised in hundreds of countries and is watched by millions of people worldwide. It will bring millions of dollars to the Tweed. I would have no hesitation in putting up my hand to hold this world event in the Coffs Harbour region. I am sure that Coffs Harbour City Council and the Coffs Harbour residents who have attended the State and national rounds of the Australian rally championship in Coffs Harbour would welcome it with open arms because they know the financial and social benefits.
I recall the days when the late Possum Bourne, who was tragically killed in an accident while competing, used to race on the North Coast. Rally drivers Neil Bates and Coral Taylor became personal friends of my family over the years. My son, who is six foot four inches, has a photograph of himself with Neil Bates where he did not come up to Neil's waist. Now he towers over Neil. Neil and Coral have been great ambassadors for this sport Australia wide. Wayne Evans is a very competitive Australian driver and recognised on the world stage. Alan Evans, an ex-chairman of the NRMA, is another rally driver who every now and then still puts the pedal to the metal. Nathan Quinn from Coffs Harbour has great prospects. His father used to be known as DNF—did not finish—when he was racing. Young Nathan is an extremely talented young driver and has the ability and, I hope, the opportunity to race on the world stage in the World Rally Championship.
The organisers have covered all contingencies. I have offered my services as a volunteer to the Confederation of Australian Motor Sports to run a control or two during the rally. The volunteers ensure the utmost safety for spectators and drivers. The owners of the Tyalgum store have raised concerns. They will find that the rally spectators will drop into their store and contribute to their business. The rally spectators will pour a lot of money into the small communities. I know that because I have been at rally events and the spectators buy their pies and sandwiches at the local shops along the rally routes. They follow the cars and they have an extremely enjoyable time. When our eldest daughter, Alexandra—who this weekend is heading off overseas for a couple of years—was a baby we would take her in a bassinette to the rallies. There was a bit of dust, but we would put a blanket over her. My family are rally enthusiasts. We have travelled many miles in the past to support rallies and we will continue to do so. I am sure the members of my family who are in Australia in September will attend this rally.
I am disappointed that the Minister for Tourism and the Minister for Primary Industries did not organise the Parliament's schedule better, as the rally will be held during sittings. They should have a chat with the Premier and the Leader of the House and make it a non-sitting week so that members can attend the rally and enjoy this great event. There will be 500 media people at the rally. They will promote the Tweed and the North Coast of New South Wales worldwide. Any member who watched the Acropolis Rally last week on SBS would know that the media does not only cover the rally event, they also cover the host nation and the various regions. The rally will ensure the promotion of our State and every member of this Parliament should support it.
Ms JODI McKAY (Newcastle—Minister for Tourism, Minister for the Hunter, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer)) [5.36 p.m.], in reply: I thank the Leader of The Nationals, the member for Bathurst, the member for Tweed, the member for Tamworth, the member for Sydney, the member for Swansea, the member for Lismore and the member for Coffs Harbour for their contributions to the debate. The Motor Sports (World Rally Championship) Bill 2009 will facilitate the staging of the World Rally Championship in the Northern Rivers region of New South Wales. It is estimated that 816 million people from 180 countries around the world will watch the World Rally Championship, with approximately 51 million viewers for each round.
The World Rally Championship represents an unprecedented opportunity to showcase the northern rivers region of New South Wales to a worldwide audience. More broadly, the event will reinforce the international profile of New South Wales as a tourist destination and enhance its reputation as a host for global events. Tourism brings to New South Wales an estimated $27 billion and supports 158,000 jobs. As a Government, we are doing everything we can to support leisure, business and event tourism. This event, which will be held from 3 to 6 September, will bring the world's best rally drivers to the northern rivers region. The competitors will be presented with a unique and beautiful landscape to test their skills. The championship is an exciting event for the motor sport community of Australia. The member for Coffs Harbour told the House of his excitement with this event being held close to his electorate.
This event will bring significant economic and tourism benefits to New South Wales. Events New South Wales has estimated that the biennial event, which will run to 2017, will secure a $100 million benefit for the New South Wales economy. The event is expected to create the equivalent of 40 new permanent positions and between 1,500 and 2,000 part-time and casual jobs during the event week. Tourism New South Wales and the New South Wales tourism industry are developing rally packages for national and international markets to maximise the tourism benefits to New South Wales. It is expected that the championship will generate up to 69,000 visitor nights in the Tweed-Kyogle region alone. In this bill the Government has committed to a review of the impact of the rally on tourism, the environment, Aboriginal cultural heritage, public safety and the local community.
The Government was always committed to a review process, but I acknowledge the work that has been done by the member for Lismore, the member for Tweed and the member for Coffs Harbour in supporting this event and making sure that there is a voice for their communities. The action the Government is taking certainly is not about taking away transparency or the opportunity for their communities to participate in the process. It is about securing this event and making sure that it brings for New South Wales those benefits that I have already mentioned. The review will include consultation with businesses, environmental groups and the local community of the northern rivers region. I can assure the House that this consultation will be an ongoing priority.
I note the Murwillumbah and District Chamber of Commerce and Tweed Tourism have already expressed support for the rally. They realise that the event has the potential to develop massive economic benefits and showcase the northern rivers region to a global audience. The New South Wales Government will be supporting the championship through Events New South Wales and with in-kind assistance from government agencies such as the New South Wales Police Force, the Roads and Traffic Authority and the New South Wales Ambulance Service. The Department of Premier and Cabinet has conducted a whole-of-government coordination for the event, which will bring those relevant agencies together on a regular basis to discuss planning and ensure the coordinated delivery of services for the event.
I will touch briefly on some issues raised by members in their contributions to this debate. The Leader of The Nationals rightly indicated that there will be an obligation on the promoter to clean up after the event. He also mentioned some of the measures that the Government has introduced in regard to environmental concerns. There is an obligation on the rally promoter to clean up and reinstate the land within the declared rally period. That includes repairing any damage to land, including any fixtures within the rally area, arising from the conduct of the rally events; removing any rubbish generated by the conduct of the rally event; and reinstating any land within the rally area affected by the conduct of a rally event to the condition it was in before the conduct of the event, or the carrying out of the temporary works.
The rally promoter will not, however, be required to repair damage, remove rubbish or reinstate affected land caused by the deliberate vandalism of someone who is not acting for the rally promoter, or by a person aiming to disrupt or obstruct the conduct of the rally. If the rally promoter fails to clean up or reinstate the land after a reasonable period, the Minister may arrange for the work to be carried out and recover the costs of the work from the rally promoter. The Government will also ensure that the environment is protected and that community concerns are addressed. The authorisation in the bill to conduct the rally event may be subject to conditions that the Minister considers appropriate, including conditions concerning environment protection, public safety, reinstatement of land and consultation requirements.
The rally organiser has arranged for the preparation of environmental assessment reports in relation to the rally event, and those reports will be relevant to the determination of the appropriate conditions to apply to the authorisation for the rally events. The rally organiser has been conducting community meetings to keep the community informed about the rally, and the Government will ensure that the community continues to be informed and is able to provide feedback in relation to the rally events. After the rally event the Government will carry out an informal review to see how well the event went for both the community and the environment. As I have indicated, we had always intended that there would be a review. However, that review is now enshrined in legislation and should give some comfort to the member for Lismore, the member for Tweed and the member for Coffs Harbour in relation to the representations they made about the concerns of their constituents.
In relation to the Protection of the Environment Operations Act 1997, the bill provides that court proceedings relating to that Act that arise out of the conduct of a rally event will still be able to be instituted by the Environment Protection Authority. Otherwise, they will need to be authorised by the Environment Protection Authority. The Environment Protection Authority will have regard to its prosecution guidelines before instituting or authorising such criminal proceedings. The Environment Protection Authority prosecution guidelines require the Environment Protection Authority to take a number of factors into account in deciding whether to prosecute an offence under the environment protection legislation. Those factors include the seriousness or, conversely, the triviality of the alleged offence, or that it is of a technical nature only; the harm or potential harm to the environment caused by the offence; any mitigating or aggravating circumstances; and the degree of culpability of the alleged offender in relation to the offence. Under the bill these factors will continue to be taken into account before a prosecution for an alleged offence under the Protection of the Environment Operations Act relating to a rally event may be instituted.
The Leader of The Nationals also raised issues in regard to public safety. It is important to note that there will be proper and due consideration given by the organiser of this event, and that those decisions in relation to public safety, as well as being enshrined in the powers that the Minister has, will be made in conjunction with local councils. The member for Tweed spoke about community consultation. As I said, this bill is not about taking decision-making away from the local community. Again I mention the member for Tweed, the member for Lismore and the member for Coffs Harbour and the representations they have made on behalf of their communities. I thank them for their support of this bill. I note that the member for Lismore and the member for Tweed organised a meeting on 3 June with the Minister for State Development to discuss some of their concerns and there was a very positive response to that by the Minister. I am pleased that they took that action because it is very important that as local members they are taking those concerns direct to the Minister while realising the greater benefit that applies with an event such as this.
In regard to why the Minister has power to override councils, local communities and normal environmental approval processes, it is important to note that these powers are similar to the powers that are given to government authorities for a number of special events. For example, the Olympic Coordination Authority had these powers for the Sydney 2000 Olympic Games, the World Youth Day Coordination Authority for World Youth Day 2008, and the Homebush Motor Racing Authority for the V8 Supercar races to be held at Sydney Olympic Park. The purpose of the powers is to ensure that there is a simple one-stop shop for obtaining necessary approvals for the rally event and the temporary works associated with the event.
In regard to the consultation issue, because of the review process that is now within this legislation, if the member for Tweed believes that consultation was not adequate, there is an opportunity now for him to bring that forward in the review process. That sort of feedback is very helpful for someone like me in my role as the Minister for Tourism—and I think the Minister for State Development would agree with this—in understanding how government agencies are interacting with the community and how they are getting their messages across. The focus of Events New South Wales is not just on Sydney. We realise the importance of events in regional committees. So I certainly would welcome any feedback members want to provide the Minister for State Development or me about the process that led up to this event and how we could have done it better.
The member for Tweed also mentioned the importance of tourism, and I know this is something that is dear to the member for Lismore. We have instigated a campaign that looks at how we can work better with the Gold Coast airport, and the member for Lismore has spoken to me about that issue. It is important that we do everything we can to support tourism in the northern rivers. We have not done that before and we need to ensure that we capitalise on this opportunity—that we turn right, as the member for Tweed said, out of the Gold Coast airport.
I note comments in the
Courier-Mail by the Queensland Minister for Tourism, whose electorate borders New South Wales. He described our campaign approach as "cheeky" and indicated that he would not stand by and see tourists stolen from Queensland. Our approach is not necessarily about stealing tourists from Queensland; it is about recognising that there are advantages that the northern rivers region has over the Gold Coast and it is about ensuring that both States work well to bring tourists in. That is why we have signed a significant contract with Jetstar Airways. We want to ensure that over the next three years we both contribute about $18 million to bring in international visitors. Obviously, this rally is a part of that process.
I am disappointed that the member for Sydney and the member for Tamworth will not support the legislation. The local members whose electorates will be directly impacted can see the benefits of this event. The legislation contains significant provisions to address the issues that have been raised, many of which I have already mentioned. The rally organiser also has arranged for the preparation of ecological assessments and environment management plans. Those plans and reports make recommendations about how to minimise environmental impacts. In granting the authorisation, the Minister will take those recommendations into account to minimise environmental impacts in drafting the conditions. Neither the member for Sydney nor the member for Tamworth mentioned the benefits that this event will bring to the northern rivers region and, of course, to New South Wales in general. We are talking about 40 permanent positions and between 1,500 and 2,000 part-time and casual jobs during the event week and about 69,000 visitor nights in the Tweed-Kyogle region.
I thank the member for Lismore for his contribution and his commitment to tourism. He is always talking to me about how we can better meet the needs of the tourism industry in his area. He suggested that images be taken before the event. The Government is happy to have discussions with the Roads and Traffic Authority and the local council to determine the feasibility of that proposal. It is important to note that the bill does not affect the rights of private landowners. It will not prevent private landholders from entering into arrangements with the rally organisers for the use of their land. It certainly does not allow the Government or the rally organisers to compulsorily acquire or use private land for the rally. The member for Coffs Harbour is a member of the Confederation of Australian Motor Sport, which explains his rev head tendencies. No, he cannot have this event in his electorate. The Government is committed to holding it in the northern rivers region. I know that he and many of his constituents will be travelling north to attend the event—if he is missing during the parliamentary sittings, we will know where he is.
The Minister may issue authorisations subject to such conditions as the Minister considers reasonable. That is important in terms of understanding the scope of this legislation. That relates to public safety, environmental protection, insurance, consultation and reporting requirements, transport and traffic management, the reinstatement of land, temporary works requirements and emergency vehicle and other property access. I look forward to this exciting event. I commend the bill to the House.
Question—That this bill be now agreed to in principle—put.
Division called for and Standing Order 181 applied.
Noes, 4
Mr Draper
Mrs Fardell
Ms Moore
Mr Piper
Question declared resolved in the affirmative.
Motion agreed to.
Bill agreed to in principle.
Passing of the Bill
Bill declared passed and returned to the Legislative Council without amendment.