Mr Chris Oxenbould AO
Chief Executive NSW Maritime
Locked Bag 5100
CAMPERDOWN NSW 1450

Dear Chris,

Re: Development Application impacting Commonwealth Heritage Place - Nobbys Lighthouse, Newcastle, NSW

We are in receipt of your letter dated 23 March 2007 informing the Parks and Playgrounds Movement that the Hon. Joe Tripodi MP Minister for Ports and Waterways has asked you to consider matters relating to a proposed development that would impact on the Commonwealth Heritage Values of Nobbys Lighthouse.

Nobbys Headland is Newcastle’s most famous landmark and is listed on the NSW State Heritage Register (SHR1674). It is the centrepiece of the Coal River Precinct and the Corporation’s action in dishonouring its intention to implement the objectives published in their Invitation for Expressions of Interest document May 2003 is condemned. We are also disappointed that the Newcastle Port Corporation has not demonstrated a more responsible attitude to our heritage.

As you are aware the Applicants developed their proposal without regard to the impact on Nobbys lighthouse which is a Commonwealth Heritage Place of potential national significance. Their actions have been in breach of s26 of the Environment Protection and Biodiversity Conservation Act 1999. The Commonwealth has declared the development a Controlled Action but has not pressed the case for prosecution. It is misleading for you to infer that Newcastle Council’s August 2006 approval in any way relieves the Port Corporation of acting responsibly in regard to our heritage. It was inappropriate for the Corporation to use s116C of the NSW Environmental Planning and Assessment Act 1979 because the development is not a core activity of the Port Corporation. The proposal closes off the view from the headland as well as impacting on the Lighthouse and it is wrong to suggest that the development is required to provide public access. Public access only needs the gate erected when Mr Glen Oakley was CEO to be removed.

Parks and Playgrounds Movement believe that Nobbys Headland should be vested in an authority that has a statutory responsibility to protect our heritage and that the NSW Maritime should review the requirement for a physical presence on the site. If Nobbys was transferred to the Minister for the Environment and Climate Change the Port Corporation would be still able to lease the communication tower if required and adaptive reuse of the cottages could be achieved.

The Nobbys Lighthouse must stand clear and free as a Lighthouse in any future development.

Parks and Playgrounds Movement asks you as Chief Executive of NSW Maritime to take steps to have the proposed new building in front of and impacting on the lighthouse withdrawn forthwith.