Background information about the Nelly Bay Archive
Acknowledgments:
This guide has been prepared by June Edwards, University Archivist, with the assistance of Julia Walkden. Assistance in the preparation of this guide and the gathering of material to broaden the archives has come from many quarters. Thanks must go to: Mr Richard Kenny and Mr John Whipp, Townsville Port Authority, Mr Michael Drew, the staff of the Great Barrier Reef Marine Park Authority, Townsville Enterprise Ltd, AUSCRIPT, the Queensland Department of Environment and Heritage, the Que e nsland Environmental Law Association, David Gee of the Australian Securities Commission, the Townsville City Council, John Andrews of Boulton Cleary and Kern Solicitors, members of Island Voice and to Miss Cherie Burgess for her help in typing the guide and the lists.
Archive Location: Blue Room
Series Listing
Other sources of records relating to Magnetic Quay
Magnetic Quay Project - company information
Relevant Legislation:
Commonwealth
. Administrative Appeals Tribunal Act 1975
. Administrative Decisions (Judicial Review) Act 1977
. Australian Heritage Commission Act 1975
. Environment Protection (Impact of Proposals) Act 1974
. Environment Protection (Sea Dumping) Act 1981
. Great Barrier Reef Marine Park Act 1975 and Regulations 1987
. Judicial Review Act 1977
. World Heritage Properties Conservation Act 1983
Queensland
. Aboriginal and Torres Strait Islander Heritage Protection Act 1984
. Integrated Resort Development Act 1987
. Local Government Act 1936-1987
. Local Government (Planning and Environment) Act 1990
. Marine Park Act 1982
. Queensland Canals Act
. Queensland Harbours Act 1955-1982
. Queensland Marine (Sea Dumping) Act 1985
. State Government and Public Works Organisation Act 1971-1981
Draft Legislation
Coastal Protection Bill 1993
. Queensland Development and Environment Planning Act (Public Consultation, November 1993)
Other Sources of Records Relating to the Magnetic Quay Project:
Commonwealth Government Agencies
. Aboriginal and Torres Strait Islander Commission
. Australian Heritage Commission
. Commonwealth Environment Protection Agency
. Department of the Environment, Sport and Territories
. Great Barrier Reef Marine Park Authority
State Government Agencies
. Department of Environment and Heritage
. Department of Lands
. Department of Primary Industries
. James Cook University of North Queensland Archives
. Townsville City Council
. Townsville Port Authority
Photographs and Press Clippings
. The Great Barrier Reef Marine Park Authority Library has a collection of between two and three hundred colour slides of Nelly Bay. They range in date from 1988 to 1990. The slides document the progress of the work done on the Quay project and there are many aerial shots. Copyright belongs with GBRMPA so the slides may be viewed in their library and copies may be made for a fee.
. The library at the Townsville Bulletin holds photographs and files of press clippings which relate to the Magnetic Quay development. The records are available to researchers by contacting the Librarian in charge of the collection.
. The Department of History and Politics at James Cook University of North Queensland houses early photographs of Magnetic Island. The collection includes photographs of Nelly Bay which were taken early this century and donated to t h e Department by Mrs Mary Cheetham.
Artefacts
. The Department of Anthropology and Archaeology at the James Cook University of North Queensland house the Aboriginal artefacts which were discovered at Nelly Bay in 1988.
Publications
. Publications may be found in the:
- North Queensland Collection in Special Collections, James Cook University of North Queensland Library;
- Great Barrier Reef Marine Park Authority Library; and
- Townsville Enterprise Limited.
Magnetic Quay Project Company Flow Chart:
1981
SPUNBELL PTY LTD
Directors: PD Savage, JS Cox, TD Hamilton, PA Watson
In 1981 Spunbell Pty Ltd owned Bright Point. The company's name was changed to Bright Point Development Pty Ltd in 1986.
1986
BRIGHT POINT DEVELOPMENT PTY LTD
Directors: GE Orpin, CJ Stout, PD Savage, MR Fabris, SS Ward
In 1986 Bright Point Development Pty Ltd still owned Bright Point, the freehold headland adjoining the BAYVISTA `special lease'. The Bright Point property was bought by Magnetic Keys Ltd 6/8/87. After 1987 this company had no further i n volvement in the project. The company was de-registered on 7 August 1989.
BAYVISTA PTY LTD
Directors: GE Orpin, CJ Stout, PD Savage, SS Ward
Bayvista Pty Ltd was granted the `Special Lease' covering 30.5ha of Nelly Bay for reclamation and marina construction. In order to obtain the lease Magnetic Keys Ltd took over Bayvista in August 1987. The lease reverted to the Crown in early 1992 and the company was deregistered on 10 July 1992.
NORTH BARRIER HOLDINGS PTY LTD
Directors: GE Orpin, PD Savage, SS Ward, CJ Stout, SC Kennett
North Barrier Holdings Pty Ltd raised the capital to finance the marina proposal. In 1987 Magnetic keys Ltd acquired the project. After 1987 this company had no further involvement. The company was deregistered on 20/10/1992.
1987
MAGNETIC KEYS LTD
Directors: PR McLean, ML Edwards , AF Thompson , RI Cross
LINKON Group
ESSINGTON DEVELOPMENTS LTD (court winding up 17/6/93)
1988 to 1992
MAGNETIC KEYS LTD
Directors: PR McLean , J Avram, AF Thompsom , MD Cooper , DP Gibson
LINKON Group Deregistered 1992-1993
Pacific Properties Development Pty Ltd, registered $2.00 company (subsidiary of INTERWEST)
Magnetic Keys Ltd was placed in receivership on 18 December 1990.
Reference:
IV/30/31 Magnetic Key Ltd company searches
Glossary of Terms:
AD(JR)Act Administrative Decisions (Judicial Review) Act
AAT Administrative Appeals Tribunal
DAHE Department of Arts Heritage and Environment
DASETT Department of Arts, Sport, the Environment, Tourism and Territories
DH&M Department of Harbours and Marine
EIS Environmental Impact Statement
EP(IP)Act Environment Protection (Impact of Proposals) Act
GBRMP Great Barrier Reef Marine Park
GBRMPA Great Barrier Reef Marine Park Authority
IAS Impact Assessment Study
JCUNQ James Cook University of North Queensland
LAC Land Administration Commission
PER Public Environment Report
QNPWS Queensland National Parks and Wildlife Service
TCC Townsville City Council
THB Townsville Harbour Board
Chronology:
1975-1976The creation of the Great Barrier Marine Park and the Great Barrier Reef Marine Park Authority (GBRMPA)
1983
G Orpin of Nelly Bay, Magnetic Island, applied to the Queensland Land Administration Commission (LAC) for a development lease at the northern end of Nelly Bay. Approval in principle was required from the GBRMPA a n d the Townsville City Council (TCC) before the lease could be issued.
10 October The Townsville Section of the GBRMP which surrounded Magnetic Island was proclaimed.
11 November G Orpin reported to GBRMPA staff on his tourist development proposal for Nelly Bay.
November to December There were meetings between the developers, TCC and GBRMPA to discuss the proposal.
2 December GBRMPA wrote to Toni Australia Pty Ltd advising that it could not support or reject the proposal until closer examination of engineering and environmental reports in regard to impacts on the marine environment had bee n completed.
1984
February The Queensland Minister for Northern Development, Mr Bob Katter, announced the Magnetic Keys project.
15 October The Central Section of the GBRMP which surrounds Magnetic Island was proclaimed. (This proclamation combined the former Townsville and Central Sections).
1 November to1 March 1985 Public participation program conducted following the GBRMPA's notice of intent to zone the Central Section: 434 representations received.
December GBRMPA wrote to LAC commenting on the lease proposal and GBRMPA's legal situation.
1985
1 May GBRMPA staff proposed zonings for the Central Section, in light of the representations: Nelly Bay - General Use `A' Zone; Geoffrey Bay - Marine National Park `A' Zone: staff were asked to consider further the Geoffrey Bay z oning.
26 June Staff proposed zoning change for Geoffrey Bay to Marine National Park `B' Zone, in light of discussions with Commonwealth and Queensland agencies.
1 July Special Lease 44/47928 to Bayvista Pty Ltd for 3 years, issued under Queensland Lands Act and Harbours Act, came into effect. The lease provided for the company to carry out a feasibility study and an EIS for assessme n t but not for effecting any development works or improvements. The lease area was approximately 27 ha.
19 July Amendment to the GBRMP Regulations to control offshore structures in the unzoned sections of the GBRMP came into force.
July LAC wrote to GBRMPA conveying documentation provided by Bayvista Pty Ltd as a draft Impact Assessment Study for assessment.
15 August GBRMPA conveyed to LAC comments on documents provided as draft IAS, pointing out that the study did not adequately address previously expressed concerns of the Authority.
2 September to 29 November Public participation program conducted on the GBRMPA's proposed zoning plan for the Central Section: Nelly Bay proposed General Use `A' Zone and Geoffrey Bay proposed Marine National Park `B' Zone: 489 rep r esentations received.
17 September LAC wrote to GBRMPA conveying the draft terms of reference and guidelines for an IAS for the proposal and seeking comments.
26 September DAHE wrote to GBRMPA advising inter alia that additional information would be needed to establish whether the Environment Protection (Impact of Proposals) Act (EP(IP)Act) should be invoked for the project.
September James Cook University was approached by engineering consultants McIntyre and Associates to co-ordinate an Impact Assessment Study (IAS) on the Magnetic Keys project. This study was required by the Queensland Government before a development lease could be granted.
2 October GBRMPA wrote to G Orpin commenting on an impact study draft report by CP&D Pty Ltd on the proposed development and noting that a permit would probably be required from GBRMPA for the proposed development in view of recent amendments to the GBRMP Regulations which provided for development controls. GBRMPA foreshadowed the need for additional information to allow proper assessment and the possible invoking of EP(IP) Act.
11 October GBRMPA advised the LAC on the draft terms of reference and guidelines on the Impact Assessment Study (IAS) and noted that a GBRMPA permit would be required and that the EP(IP) Act may be invoked.
14 November LAC gave GBRMPA the terms of reference and guidelines for the IAS.
16 December TCC refused application to rezone Bright Point to Tourist Facilities (traffic hazard, detriment to amenity, create excessive demand for services).
1986
22 January Department of Arts Heritage and Environment advised GBRMPA that Commonwealth involvement had been established but information was still needed to assess whether the proposal had any environmental significance.
25 January The company North Barrier Holdings (NBH) was incorporated on the 18 January, having the same directors as Bayvista. NBH obtained a loan of $2,250,000 from Tricontinental Corporation Ltd.
14 February GBRMPA considered the representations on the proposed zoning plan for the Central Section of the GBRMP. Subsequent changes to the zonings for the waters around Magnetic Island concerned only Radical and Five Beaches B ays.
21 March Townsville Bulletin published a report on the proposal announcing that work would start in July/August on the 1st stage ($8m) which would mean reclaiming 16 ha and constructing 2km of breakwaters. Marina earthworks and r esidential development for Bright Point to be completed May-June 1987. Total project cost $100m.
7 April LAC wrote to GBRMPA conveying the first sections of the IAS for the proposal which was significantly changed from previous descriptions of the proposal.
April The Lands Department organised a working group of GBRMPA/TCC/LAC/THB/DH&M/Dept Mines/McIntyre & Associates/developers which met twice that month and subsequently.
22 April Establishment of Island Voice after public anti-Magnetic Quay meeting on 1 April.
May Impact Assessment Study by McIntyre and Associates Pty Ltd for North Barrier Holdings Ltd, based on the terms of reference and guidelines, was published.
12 May Island Voice wrote to GBRMPA conveying the results of a survey of Magnetic Island residents on aspects of the development.
12 May Advertisement in Townsville Bulletin announcing the proposed plans and asking for expressions of interest.
3 June GBRMPA wrote to Island Voice advising that the LAC is the co-ordinating agency for the assessment of the proposal and that GBRMPA had an advisory role.
6 June KG Wieneke wrote to GBRMPA lodging objections to the proposal.
10 June GBRMPA received the IAS from the LAC for comment.
13 June GBRMPA wrote to KG Wieneke as per letter of 3 June to Island Voice.
9 July GBRMPA wrote to LAC with comments on the IAS, seeking modification and identifying the need for a GBRMPA permit.
June to August LAC received responses from other bodies which had been asked to comment. Island Voice also responded.
25 July GBRMPA wrote to G Orpin, North Barrier Holdings Ltd advising of GBRMPA involvement in the IAS process and of the need to apply to GBRMPA for a permit for activities in or likely to affect the GBRMP.
31 July KG Wieneke wrote to GBRMPA noting that completion of the approval process was dependant on the Authority's assessment and listing main concerns including the need for a contingency find in case of financial difficulties. < /P>
19/20 August GBRMPA adopted the proposed zoning plan for the Central Section of the GBRMP.
27 August Queensland Offshore Facilities Act was assented to.
Summary:
By the end of 1986 the proponents of the Magnetic Quay project had received approval in principle from the TCC and the GBRMPA which resulted in the LAC issuing a three year investigation lease to the developers. Work on the required IA S was begun and the project was publicly launched.
1987
13 April McIntyre and Associates Pty Ltd wrote to GBRMPA on behalf of Magnetic Keys Ltd for a permit to carry out construction works on the proposed Magnetic Quay project in the GBRMP advising that a formal development lease fro m LAC was expected.
5 May GBRMPA advised its Minister that an application had been received and that the proposal is significant and proposed that the Minister designate Magnetic Keys Ltd as proponent under EP(IP) Act.
5 to 20 May Minister designated Magnetic Keys Ltd as proponent.
20 May DAHE wrote to McIntyre and Associates advising of the designation and seeking further information to enable the Department to establish the need for an EIS or PER.
29 May GBRMPA wrote to Linkon Design setting out the processes for handling the application from GBRMPA's perspective.
July LAC issued to Bayvista Pty Ltd a Special Lease under Lands Act and Harbours Act.
August Reports compiled by North Barrier Holdings Ltd regarding comments on the IAS from LAC and other approving Government agencies and the responses to those comments.
August to December Proponents, GBRMPA and the Australian Survey Office corresponded to establish location of low water boundary of the GBRMP in Nelly Bay.
1 October Central Section Zoning Plan GBRMP came into effect: Nelly Bay zoned General Use A, Geoffrey Bay zoned Marine National Park B.
October Queensland's Townsville/Whitsunday Marine Park Zoning Plan came into effect, zonings complementary with those of the GBRMP.
28 October Regulations under the GBRMP Act implementing the provisions of the Central Section Zoning Plan were gazetted.
25 November Letter from Linkon to Townsville City Council re further design changes to fulfil TCC/LAC requirements for the special lease.
4 December Linkon Design lodged with GBRMPA amended plans featuring island breakwaters and requested that they be the basis for the permit application.
Summary:
Formal application by the consulting engineers employed by the developers was made to the GBRMPA for a permit to carry out construction works in the GBRMP. Later that year the GBRMPA announced the zoning for Nelly Bay - General Use A w h ich would allow for the construction of harbour facilities. The project changed hands and the locals sold the project to Linkon Investments and Essington Developments. Negotiations between the TCC and the proponents were well advanced and by 1987 the dev e lopers were satisfied that they could fulfil condition 1 of the draft lease which required a permit from the GBRMPA to allow the proposed reclamation, dredging and marina construction to proceed.
1988
In 1988 Pacific Properties Development Pty Ltd, a subsidiary of Interwest, replaced Essington Developments Ltd as equal partners in the project. The project name was changed from Magnetic Keys to Magnetic Quay.
2 February Staff from the GBRMPA met with proponents to advise them that further information was required.
February Aboriginal artefacts were found on the reef flat at Nelly Bay at the proposed development site.
12 February McIntyre and Associates Pty Ltd advised DAHE on alternative sites at Magnetic Island for the proposed project and on potential environmental impacts.
15 February McIntyre and Associates Pty Ltd provided information to GBRMPA relevant to further assessment.
25 March Linkon Project Consultants released publicly the plans for the Magnetic Quay proposal and had displays in Townsville and on Magnetic Island. Linkon's press release stated that all of the requirements of local, state and federal authorities had been met.
5 April Federal Minister for the Department of the Arts, Sport, the Environment, Tourism and Territories (DASETT), Graham Richardson, announced that a Public Environment Report (PER) on the project would be required before the G B RMPA could consider issuance of a permit.
April Magnetic Island Concept Plan for Tourism was released which was critical of the proposal.
May Public Environment Report by McIntyre and Associates Pty Ltd for Magnetic Keys Limited, based on previously established terms of reference and guidelines, was published and placed on view 18 May to 15 June.
June 56 submissions on the PER were received by DASETT.
28 June DASETT sought further data from proponent to enable finalisation of assessment.
1 July Further information sought by DASETT was supplied.
July DASETT produced assessment report on the PER.
12 July Minister for DASETT wrote to GBRMPA advising that DASETT had completed the assessment of the PER and the additional information provided by the proponent, enclosing the assessment report. They recommended that the propos e d action should be subject to the recommendations in the assessment report and as listed in the attachment to the letter.
14 July Queensland Department of Primary Industries issued, to Magnetic Keys Limited, Coral Area Licence No 295 and Mangrove Permit No 88.49 for the development project.
18 July Minister for DASETT issued media release on the MagneticQuay Environmental Assessment giving details of the results of the assessment and of the recommendations to GBRMPA.
July to August Meetings held between GBRMPA and proponents to discuss the results of PER assessment.
July TCC sought ministerial rezoning of Bright Point to tourist facilities.
August Senator Richardson visited the project site in Nelly Bay and spoke with residents of Magnetic Island.
11 August GBRMPA wrote to Linkon Design Pty Ltd listing GBRMPA's requirements for further information and advising how the information should be provided for public review.
2 to 29 September Public Environment Report - Summary of Further Information was developed by McIntyre and Associates Pty Ltd for Magnetic Keys Limited, in accordance with the recommendations of the Minister for DASETT. It was publishe d and placed on review. Unofficial extension for public comment to 6 October.
September 27 submissions on the PER Summary of Further Information were received by GBRMPA.
6-14 September GBRMPA approached selected institutions/reviewers to provide reviews of the summary of further information.
9 September Linkon Project Consultants wrote to GBRMPA advising of arrangements with the LAC, TCC and Townsville Port Authority.
September Nelly Bay user survey.
15 September Letter from Linkon to TCC relating to project estimates for construction costs, headworks negotiations, proposals for water and sewage.
16 September Special Lease 44/50014 granted to Bayvista Pty Ltd under Harbours Act for reclamation and marina construction, for 5 years.
20 September Letter from TCC to Dr Ian Dickson relating to the approval of a quarry at Bolger Bay to supply material to the Magnetic Quay project.
October 15 reports by reviewers of the PER Summary of Further Information were received by GBRMPA.
October The report by GBRMPA for the Magnetic Quay Marina proposal assessing the application of 13/4/87 in regard to the GBRMP was prepared.
10 October Minister for Aboriginal Affairs wrote to GBRMPA advising that he had declined to make a declaration in respect of the artefact site at Nelly Bay. He suggested that the artefacts be removed and be placed under care and that an archaeological survey be conducted.
14 October Queensland Department of Primary Industries advised McIntyre and Associates that the area under Coral Area Licence No 295 had been extended.
24 October 105th meeting the Authority decided that:
. the proposal as put would be likely to have unacceptable environmental effects on the GBRMP and therefore the Authority could not support the issue of a permit on the basis of the existing proposal;
. the main potential adverse effect is sedimentation from construction and the effect of those sediments on the living coral reef communities of Nelly Bay and Geoffrey Bay;
. it is of the view that it is practicable to modify the engineering proposal so as to reduce these risks significantly;
. a further concern of the Authority is the effects of pollutants from the development on the area in the long term.
The Authority urged immediate discussions with the proponent to examine alternative construction techniques and to establish a code of practice. It did not preclude the issuing of a permit.
26 October The Chairman and staff of the Authority and the proponent met to discuss the proposal.
28 October Chairman GBRMPA as delegate granted a two year permit to Magnetic Keys Limited (G88/462) to allow construction of marina and associated infrastructure in Nelly Bay Magnetic Island within the General Use A Zone of the C entral Section of the GBRMP. The permit was conditional requiring resolution of construction techniques and their potential environmental impacts.
28 October Townsville Harbour Board issued to McIntyre and Associates Pty Ltd a permit for the removal of sand and gravel for the development.
31 October Magnetic Keys Limited wrote to GBRMPA acknowledging receipt of permit G88/462 and acknowledging the terms and conditions, returning the executed permit document.
31 October Media release issued by the Authority to announce issuing of permit.
November Request received under AD(JR) Act for a statement of reasons from the Authority which was required to be issued by 15 November.
9 November Particulars of permit G88/462 were published in the Commonwealth Gazette. Statement of reasons omitted.
17 November Qld Department of Harbours and Marine advised Magnetic Keys Limited that approval had been given, under the Harbours Act, for the construction of breakwaters and dredging at Nelly Bay.
15 November GBRMPA received proposal for archaeological investigations at the Magnetic Quay site.
16 November GBRMPA and Qld National Parks and Wildlife Service issued a joint permit for test excavations to confirm the geological structure of the proposed site as a prelude to final decisions on breakwater construction design and sediment control. Excavation to involve simultaneous collection of archaeological artefacts.
18 November Test excavation permit withdrawn due to non-compliance with conditions and arrangements. New permit issued. Excavations completed by 21 November.
23 November Qld Department Primary Industries advised McIntyre and Associates Pty Ltd that the area under Coral Area Licence had been extended further.
29 November McIntyre and Associates Pty Ltd wrote to GBRMPA advising that the discharge of spoil from the dry excavation by discharge line was not dumping but that the Qld Department of Harbours and Marine would require that the ins t allation of the line across the seabed be processed as an amendment to the s86 approval and that the Water Quality Council be notified.
30 November Magnetic Keys Limited advised GBRMPA that they were in agreement with all terms and conditions and would fund the baseline studies program and that pending reconsideration of the permit decision the works would be undert a ken solely at the risk of the company.
5 December Letter of 30 November gave this date as the anticipated date of commencement of the baseline studies program.
9 December Chairman GBRMPA issued to E Owen, Secretary of Island Voice, a statement of reasons for the decision to grant a permit to Magnetic Keys Limited on 28/10/88.
late 1988 Island Voice was active in encouraging requests for reconsideration by GBRMPA of the decision of 28/10/88 to issue a permit.
12 December CA Brett and Associates wrote to Linkon Construction conveying construction methods for civil engineering works on the Magnetic Quay development. The proposed methods were designed to minimise the sediment put into suspe n sion in the open sea by the breakwater and marina construction and thereby protect adjacent coral from damage.
13 and 16 December The 106th meeting of the Authority, having considered 752 requests for reconsideration of the decision of 28/10/88 decided to affirm the decision of the Chairman as delegate on the basis of information available to 1 6 December.
15 December QNPWS wrote to McIntyre and Associates Pty Ltd advising that it was not anticipated that any additional environmental studies would be needed. Prior to the issue of any permit certain matters, especially the reclamation o f areas within the Queensland marine parks and the results of the archaeological survey, would need to be resolved.
15 December The particulars of permit G88/462 were gazetted because the gazettal of 9/11/88 did not set out the reasons for the decision.
19 December CA Brett and Associates wrote to GBRMPA regarding amendments to be made to construction methods for civil engineering works, Magnetic Quay development.
29 December Linkon requested rezoning of Bright Point as Special Facilities Zone, but TCC refused.
Summary:
The assessment process required for the federal government was begun in early 1988, resulting in the release of two PERs in May and August. Various reviewers reports and responses from the proponents followed. By September 1988, furthe r approvals in principle had been given by he TCC and GBRMPA, resulting in the issuance of a 5 year LAC lease to the developers. Negotiations between the TCC and the developers over the final proposal were in the final stage. Permits and Licences had been granted for quarrying of rock and fill and removal of coral, sand and gravel. By early October only the GBRMPA permit remained to be issued. An assessment report on the Magnetic Quay marina proposal was prepared by GBRMPA and on the 26 October the permit was granted.
1989
January McIntyre and Associates Pty Ltd submitted to Linkon Construction its report on geotechnical investigations for the Magnetic Quay site.
January Archaeological report prepared on the monitoring of geotechnical investigations, Magnetic Quay Development, by Mardaga-Campbell and Greer.
January TCC rezoned Bright Point as Tourist Facilities Zone - not appealable.
25 January 107th meeting of the GBRMPA decided to:
.confirm that the Chairman and the Authority have had regard to the likely effects of the proposed use on adjoining and adjacent areas and any possible effects of the proposed use on the environment and the adequacy of s afeguards for the environment;
. conclude that the Authority has affirmed the Chairman's statement of reasons for the decision made by him on 228/10/88 and the basis for the decision at the 106th meeting;
. consider that the conditions that have been imposed by the permit are sufficiently explicit to ensure that the objectives of protection of the environment will be achieved both during and subsequent to construction; a n d
. affirm the decision of the Chairman of 28/10/88.
30 January The Department of Aboriginal Affairs made an emergency declaration of Bright Point as a significant Aboriginal area until the authenticity of the five scarred trees could be determined.
February Magnetic Keys Limited obtained a loan of $30M from Tricontinental.
3 March Deed of Agreement signed by GBRMPA and Magnetic Keys Limited which set out requirements for environmental monitoring program, Code of Environmental Practice, bond and insurance.
3 March Oversight regarding omission of reference to sub-regulation (f) from statement of reasons rectified by its release to the public.
6 March Magnetic Keys Limited lodged with TCC a consent use application to use approximately 2 ha of land at Bright Point for construction of a 239 room hotel and 16 home units.
9 March GBRMPA advised Island Voice of the decision by the 107th meeting of the Authority pursuant to GBRMP Regulations 22(4) and 22(5).
March Baseline studies for Nelly Bay biota, sedimentation and water quality prepared by the Department of Marine Biology and the Australian Centre for Tropical Freshwater Research, JCUNQ.
12 March Island Voice applied to the Administrative Appeals Tribunal (AAT) for review of the decision of the Authority.
28 March AAT conveyed to GBRMPA notice of application by Island Voice, and advised GBRMPA was a party to the appeal. The AAT also required the Authority to lodge particular documents, an index of documents and sought advice of a n y direction under sub-s 35(2) of AAT Act.
3 April Wildlife Preservation Society of Queensland, Townsville Branch, applied to the AAT for review of the decision of the Authority.
4 April V Wyles applied to the AAT for review of the decision of the Authority.
10 April AAT conveyed to GBRMPA notices of applications by WPSQ and V Wyles of GBRMPA being a party and of a requirement to lodge particular documents, an index of documents and sought advice of any directions under sub-section 3 5(2) of AAT Act.
April TCC approved the consent use application of 6/3/89.
28 April 109th meeting of the Authority decided to accept the baseline studies program reports, the environmental monitoring program and reactive management and monitoring program prepared by JCUNQ.
29 April GBRMPA provided a statement of reasons pursuant to s 37(1) of AAT Act in respect of decisions by the Authority on 13/12/88 and 25/1/89 affirming the decision of 28/10/88 granting permission.
25 May Permit issued by Director QNPWS to Magnetic Keys Limited, Q88/462 for 2 years to 24 May 1991 for use and entry General Use A Zone, Townsville/Whitsunday Marine Park to develop a marina and tourist facilities. This involve d the carrying out of harbour works, reclamation works, and the construction and conduct of mooring facilities for vessels, tourist facilities and other structures.
18 May J Walkden lodged an appeal in the Local Government Court against the consent use approved by the TCC.
31 May TCC and Magnetic Keys Limited entered a Deed of Agreement obliging the company to request the Minister for Local Government to recommend to the Governor that with the exception of the area to be under sea water, the balan c e of the land be included in the Tourist Facilities Zone.
31 May LAC granted an extension to the time for commencement of reclamation works on Special Lease 44/50014 to 16 September 1989.
June Clearing works at Bright Point commenced.
June Construction liability insurance covering the marina for 2 years took effect.
June Bank guarantee obtained.
9 June Advice received that TCC had entered into an agreement with Magnetic Keys Limited which ensured compliance at the appropriate times with all Council requirements.
July Code of Environmental Practice agreed to by the developers.
July to August Local Government Court sat in Townsville to hear the Appeal No 10 of 1989 between JA Walkden (appellant), TCC (respondent) and Magnetic Keys Limited (respondent by election).
15 August Sheet piling installation commenced.
16-25 August Stay order issued by AAT as result of application by Island Voice.
September Work on Bright Point suspended until decision handed down by Local Government Court.
September AAT obliged the Authority to inform it when the construction would be irreversible and permanent.
September AAT commenced hearing on Island Voice's legal standing which GBRMPA had questioned.
23 September Placement of sheet piling along Bright Point commenced.
28 September Removal of mangroves along foreshore commenced.
2 October Breakwater works commenced. This involved the dumping of rock onto the outer reef flat and fringing reef within the GBRMP.
6-19 October Stay order issued by AAT as result of application by Island Voice.
12 October Variation to stay order granted to Magnetic Keys Limited to allow protective work placement of armour rock outside wall of island breakwater.
13 October The 114th meeting of the Authority noted that GBRMPA had acted to enable the armouring of the breakwater which was under construction when a stay of works was enforced during the previous week. This was to ensure agai n st environmental impact that might arise from the effects of weather on the partially completed construction.
16 October AAT commenced its hearing of the appeals against the decisions by the Authority.
20 October Further application for stay of works by Island Voice application was never addressed.
8 November Judge Wylie in the Local Government Court Townsville delivered his judgement on Appeal No 10 of 1989 between JA Walkden, TCC, and Magnetic Keys Limited, dismissing the appeal. He stated in his judgement that the propo s ed Bright Point development will not so affect the reef and waters in Nelly and Geoffrey Bays that the amenity thereof would be adversely affected. He praised the care with which GBRMPA has approached its statutory functions.
27 November Blasting at Bright Point commenced.
29 November The 115th meeting of the Authority asked staff to reassess the schedule of works at the Magnetic Quay site and arranged for the Australian Government Solicitor to provide the AAT and parties involved one month's notice o f any works likely to commence on the site covered by the Authority's permit that are likely to cause irreversible changes.
Summary:
After the granting of the permit GBRMPA, using the information gained in the assessment process, devised engineering techniques to minimise the leakage of sediment into the GBRMP and designed monitoring programs. Baseline studies were c arried out for three months and a code of environmental practice was agreed to by the proponents. A Deed of Agreement was signed which required that the developers provide a $500,000 bond and obtain a $20 million rehabilitation insurance.
1990
January Breakwater construction continued.
January Tricontinental Corporation Ltd folded. PacProp Developments Pty Ltd went into receivership.
12 February to 5 March Stay order stopping dredging and excavation in the GBRMP was issued by AAT arising from application by GBRMPA.
23 February Island Voice given legal standing by the AAT to appeal the Authority's decision.
February Breakwall ends were connected.
5 March Island Voice withdrew from the appeal as AAT brought forward hearing and moved location to Brisbane.
March to July Several operational problems occurred on site, such as the breakwalls leaking.
May Supreme Court appeal of Local Government Court decision.
19 June Special lease 44/50014 to Bayvista Pty Ltd transferred to Magnetic Keys Limited.
July Supreme court dismissed appeal.
28 July Dredge sank.
18 September Work on site ceased as a result of a stop-work direction by GBRMPA at a time when commercial arrangements had fallen through.
15 October Magnetic Keys Limited applied for a renewal of permit to cover period to 31 December 1991. Permit G88/462, which would have expired 27 October 1990, was therefore deemed to continue in force until the new permit had e i ther been granted or refused.
27 October GBRMPA permit G88/462 expired.
21 November Stop-work order of 18 September rescinded.
18 December Magnetic Keys Limited in receivership.
December Wet season contingency works carried out.
1991
April An application was filed to wind up Magnetic Keys Ltd by Theiss Contractors Pty Ltd and Australian Construction and Dredging.
June GBRMPA revealed that the rehabilitation insurance policy was non-existent.
1992
24 January The mortgage on the special lease was released to Tricontinental.
March Special lease reverted to the Crown.
July Review of the Magnetic Island marina development by
JF Whitehouse.
1993
April Deed of Agreement expired.
July Magnetic Quay expressions of interest document commissioned and released by the Department of Lands.
Reference:
IV/30/53 Whitehouse Review
