Development applications

Saving the critically endangered littoral rainforest

Following years of research, we are now preparing our application to the State Government’s NSW Coastal Panel for permanent estuary protection works to stop further loss of the critically endangered littoral rainforest which adjoins Belongil Creek.

We requested “land owner’s consent” from Byron Shire Council prior to commencing preparation of the application. This consent was granted on 17 September 2015. The land subject to this application is partially owned by North Byron Beach Resort but also includes (non-operational) land owned by the Byron Shire Council. For an holistic and effective conservation solution this area of Council’s land needs to be incorporated into the protection works application.

There is less than 1% of the original littoral rainforest remaining. So the importance of this project, both locally and nationally, cannot be overstated.

The public will have opportunities to review the application and provide comment and feedback after it is completed and when it goes on public exhibition with the State Government.

North Byron Beach Resort will meet all application, construction and maintenance costs. There will be no cost to ratepayers for this considerable conservation initiative.

North Byron Beach Resort is seeking to protect the littoral rainforest for its conservation values. There is no intention to develop in the vicinity of the rainforest and its ‘environmental protection’ zoning prohibits all forms of development.

The owners will invest millions of dollars to protect the littoral rainforest as this is consistent with the philosophy that underpins the vision for the land and the continual commitment of funds to manage and rehabilitate the site.

“We understand that many locals feel passionately about protection works. We have been witnessing the loss of the littoral rainforest for years. We have looked at what previous owners proposed to do and we have engaged the best experts in this field. What is not an option for us is to watch this 5.4 hectares of critically endangered littoral rainforest continue to disappear. We believe we can protect it and at the same time ensure no adverse impact on flora and fauna. It’s early days, and we humbly request that the community is patient and assesses the application, after it is prepared, on its merits. A holistic solution is required and the Belongil Creek does not recognise land ownership. The time to review and comment on the application will come after it is prepared”.  

Jeremy Holmes, Development Director, North Byron Beach Resort

- Endangered littoral rainforest

The 88 hectare privately owned North Byron Beach Resort site is home to 5.4 hectares of littoral rainforest. Federally it is listed as a critically endangered ecological community and at State level as an endangered ecological community.

- What is happening now?

The Belongil Creek is eroding the creek banks, particularly from outward flows during large rain events. This results in littoral rainforest vegetation falling into the creek and being washed out to sea (Cape Byron Marine Park).

During the past 30 years alone some 5,400m² or over half a hectare of littoral rainforest has been lost.

- What do we intend to do?

Leaving the creek alone is not a realistic proposition. It is already being artificially opened to mitigate flooding in town and to decrease the biological impacts in the catchment as part of an ongoing management regime by Council.

What is needed is Reinforce and stabilise the creek edge – save the rainforest.

Until detailed engineering modelling and testing is complete we are uncertain as to what form any estuary protection works will take. Our proposal may include large sandbags. We are also looking at using recycled composite materials for piled timber fencing. Most of this would be buried. Materials used would mimic the natural form, topography and colours so would not be unsightly. Recycled composite materials are a more sustainable solution than timber as they do not require the harvesting of trees.

- What would be the result?

This work will stabilise a critical section of the creek bank to stop the erosion of the littoral rainforest. If we don’t provide a solution the rainforest will be lost. The protection will lead to more successful rehabilitation work in the rainforest. Wetland Care have been undertaking rehabilitation and regenerative works for many years, however their work is frustrated by the loss of the rainforest. Following the installation of the protection works substantial revegetation and regenerative works will occur along the creek bank. This is not possible at the moment as the bank is constantly falling into the Creek.

- What negative impacts would this work have?

The NSW Coastal Panel application process requires the clear demonstration that work will have no negative impact on coastal processes. Further, that work will have no negative impact on access along the coastal foreshore; the amenity of the coastal foreshore and any views from a public place to the public foreshore; the scenic qualities of the coast and coastal hazards.

Our engineers consider that the works will stabilise creek bank erosion but beyond this, the works will have little effect on Belongil Creek. The DA will provide significant detail regarding effects on Belongil Creek.

Our earlier temporary protection works demonstrate that shore birds will not be adversely impacted. Works will be carefully managed with consideration to the shorebirds’ habitat and breeding seasons. Detailed environmental studies will be integrated with the engineering assessment.

There will be no cost to Council or ratepayers. All costs will be borne by North Byron Beach Resort, including ongoing maintenance.

- How do I have a say?

We are currently preparing the application and then we will lodge it. Shortly thereafter the application will go on public exhibition for 28 days. This is the best time to comment.

Lot ownership plan: download