THE 40 YEAR CAMPAIGN FOR GREEN POINT FORESHORE RESERVE

Lake Macquarie NSW

And the Cardiff Coal Company (1863) Deed of Settlement Joint Stock Company

Joint Stock Companies should be regulated by the Australian Securities Commission.

Cardiff Coal Coy Land identified for National Park 1956.

The status of the Cardiff Coal Company was a mystery for many years. However the company was the registered proprietor of two portions of land that were included in the 1956 proposal for a National Park at Cardiff Point & Green Point on the shores of Lake Macquarie, NSW.

The land owned by the Cardiff Coal Company, Portions 35A and 36A together with the adjacent Portions 37A and 38A had been identified for a 'County National Park' in 1956 by the Lake Macquarie Shire Council and by the Northumberland County Council. The County Council was the planning authority for the Lower Hunter Region from 1948 to 1964.

(1963 County Council Map of Proposed Cardiff Pt National Park attached)

There has been continuous community support for the park over more than 40 years lead by the Northern Parks and Playgrounds Movement and after October.1988, by the Green Point Action Committee.

It was expected that the park would be acquired during the planning cycle after 1960 as had been recommended by the Commissioner at the Inquiry into the Draft County Plan, Aug.1957. However there was never another planning cycle after the County Councils were disbanded in 1964.

Cardiff Coal Company dormant for long period of time.

Cardiff Coal Company was incorporated by an Act of the NSW Parliament assented to Dec 1863. The company carried out coal mining for a time but was dormant for much of its life.

In 1938 a separate company the Belmont Colliery Pty Ltd obtained a mining lease over part of Portion. 35A. (See leased area County Council Plan enclosed).

Mr L. Savage purchased the share holding of the Belmont Colliery Pty Ltd and a nearby Portion of land 38A in 1973 under the name of Carrington Holdings Pty Ltd.

On the 3/11/1984 the Newcastle Herald carried a story describing a proposal of Carrington Holdings to develop a $100 million dollar housing marina hotel and leisure facility over the four portions of land 35A 36A 37A and 38A .

Because of the long standing National Park proposal over the land the Parks and Playgrounds Movement called for the preparation of a Local Environmental Study before any rezoning was to be considered by the Lake Macquarie Council. A number of studies were ultimately completed.

Lunn V Savage - Supreme Court Equity Division 3047/89.

In 1989 the heirs of James Lunn, an original promoter and share holder of the Cardiff Coal Company, began action in the NSW Supreme Court (3047/89) to have their share holding in the company reinstated. It was alleged that their Cardiff Coal Coy. shares were transfered to Belmont Colliery P/L by forged share transfers and that there were no valid transfer documents to show how the Lunn shares could have been acquired by the Belmont Colliery Pty Ltd.

Lunn V Savage Judgments 14/10/94 and 6/9/96

His Honour, Justice Hulme in his Reasons for Judgment (Lunn V Savage) dated 14th Oct.1994 found that documents transferring share holding to Belmont were forged either in 1938 or 1976 and in his Judgment of 6th Sep.1996 his Honour made the following orders:

(i) that the Lunn share holding be restored to the share register,

(ii) that a Receiver be appointed to the company and

(iii)that there be an account of the dealings of the Cardiff Coal Coy.

The Receiver tendered a preliminary report to the court on the 15/4/97 and if the report is made public it may shed light on the Company's activities after 1973.

An appeal by the defendants in the Lunn V Savage case was heard in the Court of Appeal before Handley JA Sheller JA and Sheppard AJA on the 8th to the17th of September 1997. Counsel for Lunn,

F.S. McAlary QC and Counsel for Savage, I.D.F. Callinan QC. (Now a Judge on the High Court of Aust.)

Judgment was handed down on the 9^th of March 1998 dismissing the appeal.

Justice Hulme disqualified himself from the case 27/3/98 after further submissions by the defendants alleging apprehended bias. Justice Windeyer began hearing further submissions from the parties 26/6/98.

A separate action by police ended in Committal Hearings that were held at the Downing Centre in Sydney in June 1996. These hearings resulted in the charge of perversion of the course of justice against Mr L.Savage being dismissed.

Deed of Agreement - McCloys Pty Ltd & Lake Macquarie City Council.

Despite continuing action in the Supreme Court, the Cardiff Coal land (Por.35A & 36A) was transfered in 1992 to McCloys Pty Ltd a developer in consideration of a sum of $2.91 million dollars.

There was continuing and widespread concern in the community and the Lake Macquarie Council resolved to acquired 154 ha.of the land for the creation of the Green Pt Foreshore Reserve.

The remaining 66 ha. was rezoned for urban development in accord with a Deed of Agreement between McCloys and the Council dated 19/7/94. The Deed was made public in Jan.1997 after our FOI application and a two year wait for the Ombudsman to clear the document.

Need for Deed of Settlement Joint Stock Companies to be subject to ASC.

1.Regardless of the final outcome of the Lunn V Savage case there is a need for Deed of Settlement Joint Stock Companies to be subject to the Australian Securities Commission in the same way as other companies are in Australia.

2. Legitimate share holders would never have been able to be deprived of their share holding by forged share transactions if the company had been subject to normal securities legislation which would have required the keeping of proper records and notification of Directors and the filing of annual returns.

Transparency needed in Land acquisition.

Public Authorities should have been more diligent in handling the acquisition of this land.

Had the Lake Macquarie Council and Department of Planning been more careful and open in carrying out their duty to examining the various applications and proposals at the important stages the Cardiff Coal Coy land could have been acquired before there was any pressure for subdivision and development.

Many Government Departments and Ministers have considered the way this land was used over many years. The Greiner Government's Green Point Task Force was the last major government report 20th April 1990. Investigations into the title of the land should have been made before 1973.

Land Titles Office should retain records.

Furthermore, the Land Titles Office of NSW should have retained records of the circumstances surrounding the issue of new titles for the Cardiff Coal Coy land in 1977 and the LTO should have required the provision of a registered ASC number from the Cardiff Coal Company before the title to the land was transfered. in 1992.

The records of the Department of Mines (now Mineral Resources) should also have been available to the various authorities when considering the uses of the land.

Company details should be on a public register.

The Cardiff Coal Company should have been required by the NSW Parliament, who created the corporation, to present annual returns and keep records of its directors and company address on a public register as is normally required by the Securities Commission. If a Judicial Review was to be held it would need to be commenced soon because many of the witnesses are elderly.

154 ha. Green Point Foreshore Reserve

Thankfully a 154 ha Green Point Foreshore Reserve has been created on the shores of Lake Macquarie albeit with a number of finger subdivisions projecting into the reserve and at a cost of about $4.5 million dollars. Also the NSW State Government has provided a further $1.5 million for a management plan, weed eradication and park development and is prepared to include the reserve in the Lake Macquarie State Recreation Area.

In Conclusion.

It is an indictment against the political climate in the Region that it should take 40 years of campaigning to achieve the dedication of a reasonably sized Public Reserve on the shores of Lake Macquarie the largest coastal lake in NSW. It is also an indication of the low status of conservation in the region.

An inquiry into the Cardiff Coal Company in 1984 would have been helpful. A Judicial review is needed.

Authorities must also give closer scrutiny to companies, planning, and land development.

Moreover it is necessary for the Commonwealth Government to amend the Australian securities legislation to make Joint Stock Companies subject to the Australian Securities Commission.

Doug Lithgow,
Parks and Playgrounds Movement Inc. July 1998

Lake Macquarie NSW

Cardiff Coal Company
1863

Key Points.

* Cardiff Coal Company 1863

* Belmont Colliery 1938 Lease Part Por. 35A

* Northern Parks and Playgrounds Movement 1952 -

* County National Park Proposal Lake Macquarie Shire 1956

* Commission of Inquiry into County Plan 1957

* County Plan Prescribed 1960

* Northumberland County Council 1948 to 1964

* Cardiff Point National Park Proposal County Council 1963

* Replacement Titles issued by NSW Land Titles Office 1977

* $100 Million Dollar Development Proposal 1984

* Green Point Action Committee Formed 1988

* Lunn V Savage NSW Supreme Court 3047/1989

* Green Point Task Force (Greiner Gov.) 1990

* Land Sold to McCloys Pty Ltd 1992

* Deed of Agreement, McCloys & Lake Macquarie Council 1994

* Judgments Justice Hulme, 14/10/94, 6/9/96, 24/4/97

Attached:

Extracts from Lake Macquarie Shire Council Minutes Pgs. 1&4 9/7/1956, Minute 18/2/1957

Cutting form Newcastle Morning Herald 1957, 22^nd March 1957.

Cardiff Point National Park Plan Northumberland County Council 1963.

Cutting from Newcastle Morning Herald 3/11/84.

Local Environmental Plan showing park and residential areas

Management Plan for the Green Point Foreshore Reserve