Page: 475
Mr THOMAS GEORGE (Lismore) [5.00 p.m.]: I make this private member's statement in support of Stan Allen and John Allen from Duck Creek Road, Old Bonalbo, who are third and fourth generation farmers, and in support of the entire community in the Old Bonalbo district. Stan and John recently constructed a dam whose capacity they thought was within the limits of harvestable rights. However, following receipt of a complaint, the Department of Natural Resources inspected the dam and found it to be approximately twice the size it should be, albeit that its current level is nowhere the permissible water storage limit. The community in general supports the Allen family in their attempts to negotiate a suitable arrangement with the Department of Natural Resources. I draw the attention of the House to this issue because regrettably all those attempts have failed. I ask honourable members to picture the Allens' property. It is at the top of a gully and does not have a running creek, and the dam is a constructed facility. The land surrounding the dam and beyond the boundary at the rear of the Allens' property is a national park.
The adjoining Richmond Range National Park has no water. I have copies of 16 letters in support of Mr Allen retaining his dam. They are from the Casino Rural Lands Protection Board, the Old Bonalbo Rural Fire Brigade, Upper Clarence Combined Landcare Incorporated, the New South Wales National Parks and Wildlife Service, and Mr Athol Young, and Mr and Mrs John Clark, neighbours. The organisations and neighbours are supporting Mr Allen because they realise that his dam will be the water supply for the next fire in the area. The last time a fire occurred in the area the National Parks and Wildlife Service helicopter had to fly to Toonumbar Dam to access water. If the top water level of Mr Allen's dam is lowered to that required by the Department of Natural Resources, emergency services would not be able to access the water. That would create a firefighting problem.
Last week the Allens received a letter headed "Water Act 1912 Direction Under Section 21B (1) (b)", signed for the Water Administration Ministerial Corporation by Richard Sheldrake, Director General of the Department of Natural Resources. The letter directs the Allens to lower the dam wall within 90 days of the date of signing of the letter, which was 11 May 2006, or be liable for a fine of $11,000. The Allens did not receive the letter until a week later. In addition, the letter states that they will face a further penalty not exceeding $1,100 for each day that the offence continues. The letter further directs them to obtain a written report from a qualified civil engineer. He cannot get a civil engineer to do that until the middle of next month. And, guess what? All the local contractors are 12 months behind in their work. There is no way that Mr Allen can comply with that direction within 90 days.
I will make further representations to the Minister for Natural Resources, and Minister for Primary Industries, who instructed the Department of Natural Resources to issue that direction. Mr Allen has written to the National Parks and Wildlife Service asking for it to transfer its water entitlement to him, because the service has nowhere to put a dam in the national park. The service administers approximately 3,000 acres that adjoin the Allens' property. Mr Allen suggested that his dam be exempted so that the animals that graze in the park can use his water and the service can use his water every time a fire occurs. The department will not transfer the service's harvestable rights to Mr Allen, notwithstanding that that transfer would benefit the whole community. This is a ridiculous situation. I draw it to the attention of the Minister and ask him for his support in fixing the problem. [Time expired.]