Archival Holdings Home

 

NELLY BAY SERIES LIST

Archive Location: Blue Room 

Island Voice Association Incorporated

1. Administrative Appeals Tribunal: Application and Related Documents

2. Administrative Appeals Tribunal: T-Documents

3. Administrative Appeals Tribunal: Index to T- Documents

4. Administrative Appeals Tribunal: Further and Better Particulars

5. Administrative Appeals Tribunal: Court Documents June 1989 Hearings

6. Administrative Appeals Tribunal: Court Documents August 1989 Hearing

7. Administrative Appeals Tribunal: Court Documents October 1989 Hearing

8. Administrative Appeals Tribunal: Court Documents February - March 1990

9. Administrative Appeals Tribunal: Court Documents March 1992

10. Administrative Appeals Tribunal: Legal Advice

11. Administrative Appeals Tribunal: Subject Files

12. Administrative Appeals Tribunal: Correspondence arranged chronologically

13. Administrative Appeals Tribunal: Transcripts

14. Local Government Court Appeal: Discovery and Court Documents Julia Walkden (Appellant)

15. Local Government Court Appeal: Documents relating to the rezoning of Bright Point

16. Local Government Court Appeal: Discovery Documents Townsville City Council (Respondent)

17. Local Government Court Appeal: Discovery Documents Magnetic Keys Ltd (Respondent-By-Election)

18. Local Government Court Appeal: Transcripts

19. Local Government Court Appeal: Index to Transcripts

20. Local Government Court Appeal: Exhibits

21. Local Government Court Appeal: Related Documents

22. Local Government Court Appeal: Correspondence arranged chronologically

23. Local Government Court Appeal: Subject Files

24. Local Government Court Appeal: Security for Costs Hearing

25. Supreme Court Appeal: Court Documents

26. Supreme Court Appeal: Related Documents

27. High Court of Australia: Appeal Application

28. Minutes of Island Voice General Meetings

29. Minutes of Island Voice Committee Meetings

30. Island Voice Incorporated Association: Subject Files

31. Island Life Community Newsletter, Community Newsletter, Magnetic Community News

32. The Magneto

33. Quay News

34. Newspaper clippings relating to Nelly Bay

35. Scrapbooks

36. Publications

37. Ephemera

38. Photographs, contact prints and negatives

39. Video tapes

40. Audio tapes

41. Criminal Justice Commission investigation

 

Townsville Port Authority

 1. Correspondence files of the Townsville Port Authority, arranged chronologically

 

SERIES 1

Series No. : 1

Series Title : Administrative Appeals Tribunal: Application and Related Documents

Date Range : March to April 1989

Quantity : 6ff

Summary:

The series consists of one file containing:

  1. Application for Review of Decision, Island Voice,
  2. Letter, Cannan Peterson to Linkon Project Consultants regarding restriction of disclosure of Part B of T-documents and
  3. Application by Magnetic Keys Ltd to be made party to the appeal.

On the 28th of October 1988, pursuant to Regulation 13AF of the Great Barrier Reef Marine Park Regulations of 1988, Mr. Graeme G. Kelleher, Chairman of the Great Barrier Reef Marine Park Authority (GBRMPA) granted a permit to Magnetic Keys Ltd. This permit allowed construction of a marina and associated infrastructure within the General Use "A" zone of the Great Barrier Reef Marine Park (GBRMP) at Nelly Bay, Magnetic Island.

Regulation 22(2) of the GRBMPA Regulations allows a person affected by a decision to request that the GBRMPA reconsider that decision. During November 1988 - January 1989 GBRMPA received 773 requests for reconsideration of the decision to grant the permit.

Regulation 22(4) requires that, within 40 days of receiving these requests, the Authority must reconsider the decision and give notice of the final decision. In January 1989, the GBRMPA affirmed its original decision.

Finally, if the person affected is dissatisfied with the reconsidered decision, Subregulation (6) of Regulation 22 allows that person to make an application to the Administrative Appeals Tribunal (AAT) for an external review of the decision. Island Voice made such an application in March 1989. Magnetic Keys Ltd, the developing company, then lodged an application with the AAT to be made party to the appeal (review).

Section 37 of the Administrative Appeals Tribunal Act 1975 requires that all material relied upon by the Authority in making the decision to grant the permit be disclosed to the Tribunal and to the person applying for the review. The T-documents, referred to in the letter listed above and included in Series 2, is that material relied on by the GBRMPA.

 

ITEM LIST SERIES 1

Administrative Appeals Tribunal

Applications and Related Documents

Item No. Item Title Date Quantity

Range

IV/1/1 Administrative Appeals Tribunal: Mar-Apr 1989 6ff

Application and Related Documents

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SERIES 2

Series No. : 2

Series Title : Administrative Appeals Tribunal: T-Documents

Date Range : 1985 - 1980

Quantity : 23cm

Summary:

Series 2 consists of files containing a collection of documents called the T-documents. These documents were provided by the Great Barrier Reef Marine Park Authority (GBRMPA) as required by the Administrative Appeals Tribunal Act 1 975.

Section 37 requires that every document under the GBRMPA's control or in its possession considered to be relevant to the review of the decision by the Tribunal be lodged with the Tribunal. A statement setting out findings on material q uestion of fact, referring to evidence on which findings were based and reasons for decisions, must also be lodged and are included in this series.

Documents T78 - T86 are confidential. Access will depend upon the permission of the originators of the documents.

Refer: Administrative Appeals Tribunal Act 1975.

Acts of the Parliament

Commonwealth of Australia

Consolidated Acts

 

ITEM LIST SERIES 2

Administrative Appeals Tribunal

T-Documents

Item No. Item Title Date Quantity

Range

IV/2/1 Administrative Appeals Tribunal (AAT) 1985-1989 .5cmT-documents/T1a to T5

(The Wildlife Preservation Society of Townsville and Virginia Wyles, a descendant of the Aboriginal inhabitants of Nelly Bay, both applied for a review of decision. Both applications were dismissed during the October 1989 hearing).

T1a Application for review - Island Voice

T1b Application for review - Wildlife Preservation Society

T1c Application for review - Wyles

T2 Section 37 Statement

T3 Letter - Attorney General's Dept to Chairman of the GBRMPA

T4 Letter - Johnson (Island Voice) to GBRMPA

T5 Letter - LAC to Bayvista

IV/2/2 AAT T-document/T6 Mar 1986 1cm

Letter - LAC to GBRMPA IV/2/3 AAT T-document/T7 May 1986 1.5cm

Summary report IAS Volume 1

IV/2/4 AAT T-document/T8 May 1986 2.5cm

Technical report IAS Volume 2

IV/2/5 AAT T-documents/T9-T19 1986-1988 21ff

T9 Letter - Attorney General's Dept to GBRMPA

T10 Letter - Harrison (Radio 4TO) to Orpin

T11 Letter - Attorney General's Dept to GBRMPA

T12 Initial permit application

T13 Letter - Attorney General's Dept to GBRMPA

T14 Minute from Kinsey

T15 Letter - Attorney General's Dept to GBRMPA

T16 Letter - Brazier & Motti Pty Ltd to Chairman of GBRMPA

T17 Letter - DAS to Brazier & Motti Pty Ltd

T18 Letter - DAS to Woodley

T19 Letter - Frost to Kinsey

IV/2/6 AAT T-document/T20 May 1988 2cm

PER - Magnetic Quay, Nelly Bay, Magnetic Island

IV/2/7 AAT T-document/T21 Jun 1988 1.5cm

Submissions on Magnetic Quay proposal

IV/2/8 AAT T-document/T22 Jul 1986 .25cm

Residents report on Nelly Bay EIS

IV/2/9 AAT T-document/T23 Jul 1988 12ff

Letter - Pichon to Craik

IV/2/10 AAT T-document/T24-T29 Jul-Aug 1988 .5cm

T24 Letter - Minister for DASETT to Chairman of GBRMPA

T25 Letter - Dept of Primary Industries to Magnetic Keys Ltd

T26 Media release

T27 Facsimile, Permit No 88.49

T28 Letter - Woodley to Linkon Design Pty Ltd

T29 Environment Assessment Report

Magnetic Quay proposal, Nelly Bay, by DASETT

IV/2/11 AAT T-document/T30 Aug 1988 1.5cm

PER - Summary of further information

IV/2/12 AAT T-document/T31 Aug 1988 1.5cm

PER - Summary of further information, detailed background reports

IV/2/13 AAT T-document/T32 Aug 1988 2.5cm

25 Public submissions on the PER- Summary of further information

IV/2/14 AAT T-documents/T33-T43 Aug 1988 1cm

T33 15 Scientific reviewers' reports on the PER- Summary of further information

T34 Letter - Attorney General's Dept to GBRMPA

T35 Letter - Linkon Design Pty Ltd to GBRMPA

T36 Nelly Bay user survey

T37 Letter - LAC to Linkon Design Pty Ltd

T38 Letter - Gerry Hand to Chairman of GBRMPA

T39 Facsimile - Quilty to Robinson

T40 Letter - Dept of Primary Industries to McIntyre and Associates

T41 Permit G88/462 to Magnetic Keys Ltd

T42 Chairman's Statement of Reasons for his decision

T43 Letter - Magnetic Keys Ltd to Chairman of GBRMPA

 IV/2/15 AAT T-document/T44 October 1988 20ff

Assessment Report from Magnetic

Quay Marina proposal, GBRMPA

IV/2/16 AAT T-document/T45-T67 1988-1989 2cm

T45 Literature disseminated to encourage requests for reconsideration

T46 File Note - McGinnity

T47 Letter - Dept of Harbours and Marine to Magnetic Keys Ltd

T48 Letter - Dept of Primary Industriesto McIntyre and Associates

T49 Letter - McIntyre and Associates to McGinnity

T50 Letter - Magnetic Keys Ltd to Kinsey

T51 Report - Study on construction methods by CA Brett and Assoc Pty Ltd

T52 Letter - QNWPS to McIntyre and Associates

T53 Amendments to report - Study on construction methods

T54 Coversheet for Item 3d dated 25.1.89 tabled at a GBRMPA meeting

(MPA 107). Decision of Authority relating to the permit application to establish Magnetic Quay.

Letter from Magnetic Keys Ltd to GBRMPA. Staff assessment of requests for reconsideration of decision to issue Permit G88/462

T55 Request to the Attorney General's Department for legal advice and the legal advice received

T56 Letter - Mayor's office to D. Kinsey

T57 Gazettal notice, particulars of permit granted

T58 Letter - Kinsey to McLean

T59 Facsimile - Kinsey to McLean

T60 Letter - Kinsey to McLean

T61 Letter - Townsville Port Authority to GBRMPA

T62 Facsimile - Terry Done, AIMS, comments on Geoffrey Bay reef and video survey

T63 Extract and summary of representations regarding the zoning of the Central Section of the Great Barrier Reef Marine Park

T64 Summary of requests for reconsideration and copy of list of letters of notification of decision

T65 Extract from confirmed minutes of Great Barrier Reerf Marine Park Authority decision

T66 File note from Kinsey

T67 Facsimile - Dept of Aboriginal Affairs to Kinsey

IV/2/17 AAT T-document/T68 Jan 1989 1.25cm

Report - Geotechnical investigation,

Linkon Construction Pty Ltd

IV/2/18 AAT T-document/T69-T73 Feb-Mar 1989 13ff

T69 Report - Northern Archeological Consultancies, monitoring of geo-technical investigations

T70 Record of meeting - Magnetic Quays development

T71 Letter - McGinnity to Linkon Design Pty Ltd

T72 Letter - Linkon Design Pty Ltd to GBRMPA

T73 Letter - Dept of Harbours and Marine to Magnetic Keys Ltd

IV/2/19 AAT T-document/T74 nd 3ff

Colour photocopies - drawings of the proposed Magnetic Quay project

IV/2/20 AAT T-document/T75 Mar 1989 1cm

Baseline survey, benthic biota and sedimentation

IV/2/21 AAT T-document/T76 Mar 1989 .5cm

Magnetic Quay water quality and sediment baseline study

IV/2/22 AAT T-document/T77 Mar 1989 22ff

Reviewers' comments

IV/2/23 AAT T-document/T78 (CONFIDENTIAL) Apr 1986 -- Notes - Magnetic Keys working group

IV/2/24 AAT T-document/T79 (CONFIDENTIAL) Apr 1986 -- Minutes, working group

IV/2/25 AAT T-document/T80 (CONFIDENTIAL) Sept 1988 -- Submission on Magnetic Quay in confidence

IV/2/26 AAT T-document/T81 (CONFIDENTIAL) Aug 1986 -- Comments on IAS, Magnetic Keys

IV/2/27 AAT T-document/T82 (CONFIDENTIAL) Oct 1986 -- Letter - LAC to Bayvista Pty Ltd

IV/2/28 AAT T-document/T83 (CONFIDENTIAL) May 1988 -- Letter - LAC to Bayvista Pty Ltd

IV/2/29 AAT T-document/T84 (CONFIDENTIAL) Sept 1988 Letter - Linkon Design Pty Ltd to Town Clerk (TCC)

Report - Water supply, waste water Mar 1988 -- disposal and site irrigation proposal

IV/2/30 AAT T-document/T85 (CONFIDENTIAL) Feb 1989 -- Tender documents - contract 5565/1 - Construction of breakwaters, marine basin and site development - Vol 1

IV/2/31 AAT T-document/T85a (CONFIDENTIAL) Feb 1989 -- Vol 2

IV/2/32 AAT T-document/T86 (CONFIDENTIAL) Mar 1989 -- Summary of Tender - Magnetic Keys Ltd, Magnetic Quay Development, Nelly Bay, Magnetic Island - Contract 5565/1 - Construction of Breakwaters, Marina Basin and Site Development

IV/2/33 AAT T-document/T87 Oct 1988 Video Video - refer to documents T62 and T33

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SERIES 3

Series No. : 3

Series Title : Administrative Appeals Tribunal: Index to T- Documents

Date Range : 1989

Quantity : 4ff

 Summary:

Series 3 consists of a typed index giving the T numbers and document titles for items submitted to the Administrative Appeals Tribunal. The documents range in date from 1985 - 1989.

 

ITEM LIST SERIES 3

Administrative Appeals Tribunal

Index to T-Documents

Item No. Item Title Date Quantity

Range

IV/3/1 Administrative Appeals Tribunal 1989 4ff

Index to T- documents

 

SERIES 4

Series No. : 4

Series Title : Administrative Appeals Tribunal: Further and Better Particulars

Date Range : 1989

Quantity : 1cm

 Summary:

Series 4 contains requests for further and better particulars. They are requests for more detail regarding the reasons for the review application which were received from both the Respondent (GBRMPA) and the Third Party (Magn etic Keys Ltd). Included are the responses given by the Applicant (Island Voice) to these requests.

 

ITEM LIST SERIES 4

Administrative Appeals Tribunal

Further and Better Particulars

Item No. Item Title Date Quantity

Range

IV/4/1 Administrative Appeals Tribunal Jun-Nov 1989 .5cm

Further and better particulars, request by Respondent

V/4/2 Administrative Appeals Tribunal Jun-Oct 1989 .5cm

Further and better particulars, request by Third Party

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SERIES 5

Series No. : 5

Series Title : Administrative Appeals Tribunal: Court Documents

June 1989 Hearings

Date Range : 1985 - 1989

Quantity : 5cm

Summary:

The series consists of Tribunal directions and affidavits relating to the legal standing (locus standi) of Island Voice and the confidentiality of T-documents T78 to T86.

 At the beginning of the AAT appeal, a directions hearing was held, at which the President of the Tribunal issued orders which organised the evidence for the main hearing. These orders set time limits on the lodgement of various court documents containing material to be relied upon, requests for further and better particulars and responses to those requests.

 The affidavits that were produced during June 1989 addressed the issues of the legal standing of Island Voice and the confidentiality of several of the T-documents. These issues were finally considered at the substantive hearing which took place from the 16th October 1989.

The judge also directed that Magnetic Keys Ltd be joined as a party to the proceedings.

 

ITEM LIST SERIES 5

Administrative Appeals Tribunal

Court Documents - June 1989 Hearing

Item No. Item Title Date Quantity

Range

IV/5/1 Administrative Appeals Tribunal Jun 1989 8ff

Affidavit: Donald William KINSEY

IV/5/2 Administrative Appeals Tribunal Jun 1989 2ff

Affidavit: Elizabeth Anne OWEN

IV/5/3 Administrative Appeals Tribunal Jun 1989 11ff

Affidavit: Simon John WOODLEY

IV/5/4 Administrative Appeals Tribunal May-Jun 1989 4ff

Directions

IV/5/5 Administrative Appeals Tribunal 1985-1989 2cm

Locus standi affidavits , legal standing of Island Voice

 

SERIES 6

Series No. : 6

Series Title : Administrative Appeals Tribunal: Court Documents

August 1989 Hearing

Date Range : 1989

Quantity : 6.5cm

Summary:

This series consists of the August 1989 Island Voice Stay of Operation application, orders, material relied upon during the hearing (affidavits and exhibits) and the judge's decision and reasons for his decision. Also include d in this series are the objections lodged by Island Voice to the application made by the Great Barrier Reef Marine Park Authority (GBRMPA) to prohibit the disclosure of the confidential T-documents.

 Under subsection 42(2) of the Administrative Appeals Tribunal Act 1975, application can be made to stop an operation which relates to a decision being reviewed by the Tribunal. On the 15th of August 1989, Island Voice applied for a Stay of Operation on the construction of the main breakwall of the project until the Tribunal could review the GBRMPA's decision to allow the marina construction in the Great Barrier Reef Marine Park. On the 16th of August 1989, the Deputy President o f the Tribunal ordered that construction of the breakwall cease until the conclusion of hearing on the stay application, set for 22 August 1989.

 This hearing took place in Townsville before Justice R.J. Bulley, who dismissed the application on 25 August 1989. However, the judge instructed the GBRMPA to inform the Tribunal when works which were permanent and irreversible w ere to commence.

 

ITEM LIST SERIES 6

Administrative Appeals Tribunal

Court Documents - August 1989 Hearing

Item No. Item Title Date Quantity

Range

IV/6/1 Administrative Appeals Tribunal Aug 1989 1cm

Orders, requests, decisions

IV/6/2 Affidavit and exhibits: Colin Anthony Aug 1989 1cm

BRETT

IV/6/3 Affidavit and exhibits: Ian DICKSON Aug 1989 .5cm

IV/6/4 Affidavit and exhibit: David MacIntyre Aug 1989 .5cm.

DUNN

IV/6/5 Affidavit and exhibits: David HOPLEY 1988-1989 3.5cm

IV/6/6 Affidavit: Donald William KINSEY Aug 1989 9ff

IV/6/7 Affidavit: Elizabeth Anne OWEN Aug 1989 8ff

IV/6/8 Affidavit: Alain Francis THOMPSON Aug 1989 12ff

IV/6/9 Affidavit: Alan VALENTINE Aug 1989 3ff

IV/6/10 Submissions on behalf of the Aug 1989 6ff

Third Party (outline of submission re Island Voice and Virginia Wyles)

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SERIES 7

Series No. : 7

Series Title : Administrative Appeals Tribunal: Court Documents

October 1989 Hearings

Date Range : October 1989 - May 1990

Quantity : 10cm

Summary:

Series 7 contains court documents relating to the October hearings of the Administrative Appeals Tribunal (AAT). These include applications for a stay order, individual applications for a review of decision, directions, order s, affidavits, exhibits, decisions and reasons for decisions.

Regulation 22 of the Great Barrier Reef Marine Park Regulations allows a person affected by a decision made by the Great Barrier Reef Marine Park Authority to request that the GBRMPA reconsider that decision. If not satisfied wit h the reconsidered decision, that person may ask the AAT to review the decision.

The GBRMPA advised Island Voice that only 'natural persons' could request that GBRMPA reconsider its decision, therefore requests were lodged by individual members. The subsequent application for the AAT review of the decision wa s made by Island Voice. The Respondent and Third Party argued that Island Voice had no legal standing to ask for a review, since it had not previously made a request for reconsideration. In order to counter this argument, on 4 October 1989 twenty-eight I sland Voice members lodged individual applications for review with the AAT. This number was later reduced to the six most affected. These individual applications and orders relating to them are contained in files IV/7/1, Parts I and II.

On 6 October 1989, stay order applications were lodged by Island Voice and Julia Walkden in an attempt to stop construction of the outer island breakwall, until the review of GBRMPA's decision to grant the construction permit was heard by the AAT. A Stay of Operation was granted until the matter could be heard on 16 of October 1989. The Tribunal dismissed the application and lifted the stay order, allowing work on the marina to proceed. The decision on the legal standing of Island Voice and individual members of Island Voice was reserved until February 1990.

 

ITEM LIST SERIES 7

Administrative Appeals Tribunal

Court Documents - October 1989 Hearing

Item No. Item Title Date Quantity

Range

IV/7/1 Individual applications for review of Oct 1989 1cm

(Part 1) decision, application for extension of time to apply and submissions by Respondent and Third Party

IV/7/1 Acknowledgment of receipt of applications

(Part II) for review (six final applications on top) and orders relating to these applications. Also orders relating to applications of Virginia Wyles and Wildlife Preservation Society

(Townsville). Oct 1989 .5cm

IV/7/2 Court documents re applications for stay Oct 1989 .25cm

order, 6 October 1989

 IV/7/3 Affidavit and exhibits re stay application Oct 1989 7ff

Ian DICKSON

IV/7/4 Affidavit re stay application Oct 1989 3ff

Terence John DONE

IV/7/5 Affidavit and exhibits re stay application Oct 1989 8ff

Julia Anne WALKDEN

IV/7/6 Court documents - orders and directions Oct 1989 4ff

re 16 October 1989 hearing

IV/7/7 Affidavit and exhibits Oct 1989 2.5cm

Colin Anthony BRETT

IV/7/8 Affidavit and exhibits Oct 1989 1.5cm

Jon Edward BRODIE

IV/7/9 Affidavit and exhibits Oct 1989 1cm

John Douglas COLLINS

IV/7/10 Affidavit and exhibits Oct 1989 6ff

Ian DICKSON

IV/7/11 Affidavit and exhibits Oct 1989 17ff

David MacIntyre DUNN

IV/7/12 Affidavit: David HOPLEY October 1989 2ff

IV/7/13 Affidavits: Donald William KINSEY October 1989 24ff

IV/7/14 Affidavit: Elizabeth OWEN October 1989 1ff

IV/7/15 Affidavit: Alain Francis THOMPSON October 1989 4ff

IV/7/16 Affidavit: Joanna WIENEKE October 1989 2ff

IV/7/17 Affidavit: Robyn Patricia WILKINSON October 1989 4ff

IV/7/18 Affidavit: Magnetic Island residents October 1989 6ff

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SERIES 8

Series No. : 8

Series Title : Administrative Appeals Tribunal: Court Documents February and March 1990 Hearings

Date Range : February - March 1990

Quantity : 2cm

Summary:

This series consists of affidavits, orders, directions and decisions relating to the hearings held in February and March 1990.

In August 1989, the Great Barrier Reef Marine Park Authority (GBRMPA) was ordered to inform the Tribunal when works which would cause permanent damage to the Marine Park were to commence. On 2 February 1990, the GBRMPA applied fo r a stay order on the dredging of the access channel and excavation of the marina basin, until the appeal could be heard. The Tribunal ordered that the stay application be granted on the 12 February 1990.

 Legal standing was granted to Island Voice on 23 February 1990.

The Stay Order was revoked on 5 March 1990, when Island Voice withdrew its application for review. Series 10 further explains these events.

 

ITEM LIST SERIES 8

Administrative Appeals Tribunal

Court Documents - February and March 1990 Hearings

Item No. Item Title Date Quantity

Range

IV/8/1 Affidavit: Arthur John BALDWIN Feb 1990 2ff

IV/8/2 Affidavit: Arthur Frederick BLOXHAM Feb 1990 2ff

IV/8/3 Affidavit: Keith BRAZIER Feb 1990 2ff

IV/8/4 Affidavit: Ian DICKSON Feb 1990 5ff

IV/8/5 Affidavit: Richard Neville FERRY Feb 1990 2ff

IV/8/6 Affidavit: Donald William KINSEY Feb 1990 12ff

IV/8/7 Affidavit: Peter McLEAN Feb 1990 11ff

IV/8/8 Affidavit: Anthony John MOONEY Feb 1990 4ff

IV/8/9 Affidavit: Warren SHORT Feb 1990 2ff

IV/8/10 Affidavit: Henry SLANEY Feb 1990 2ff

IV/8/11 Affidavit: Alain Francis THOMPSON Feb 1990 14ff

IV/8/12 Orders, directions, decisions Feb - May 1990 .5cm

 

SERIES 9

Series No. : 9

Series Title : Administrative Appeals Tribunal: Court Documents March 1992 Hearing

Date Range : 1992

Quantity : 8ff

Summary:

Series 9 consists of a single file relating to the confidential T-documents T78 to T86 inclusive. The file contains orders relating to the confidentiality of these documents which were handed down after a telephone conference involving the President of the Administrative Appeals Tribunal, Island Voice and the Great Barrier Reef Marine Park Authority's legal advisors.

 

ITEM LIST SERIES 9

Administrative Appeals Tribunal

Court Documents - March 1992 Hearing

Item No. Item Title Date Quantity

Range

 IV/9/1 Administrative Appeals Tribunal March 1992 8ff

Orders, decisions

 

SERIES 10

Series No. : 10

Series Title : Administrative Appeals Tribunal: Legal Advice

Date Range : 1989-1990

Quantity : 1cm

Summary:

This series consists of advices from Michael Drew and Stephen Keim, Barristers-at-Law, relating to Island Voice's application to the Tribunal for a review of GBRMPA's decision. These advices address matters such as legal stan ding, confidentiality of documents, awarding of costs, progress, future course and prospects of success of the appeal.

 

ITEM LIST SERIES 10

Administrative Appeals Tribunal

Legal Advice

Item No. Item Title Date Quantity

Range

IV/10/1 Administrative Appeals Tribunal, legal advice 1989-1990 1cm

(Island Voice incorporation; locus standi and confidentiality of documents - relates to Series 5; locus standi - relates to Series 7; chronology of events and recommendation that Island Voice did not have a strong enough case to continue; withdrawal of legal aid funding)

 

SERIES 11

Series No. : 11

Series Title : Administrative Appeals Tribunal: Subject Files

Date Range : 1988-1990

Quantity : 5cm

Summary:

Series 11 consists of material which relates to the Administrative Appeals Tribunal hearings. It includes information on legal aid, exhibits, requests for reconsideration, statements of reasons from the Great Barrier Reef Mar ine Park Authority and witness submissions for the March 1990 hearing.

 

ITEM LIST SERIES 11

Administrative Appeals Tribunal

Subject Files

Item No. Item Title Date Quantity

Range

IV/11/1 Administrative Appeals Tribunal

(Legal aid, financial assistance) 1988-1990 1.5cm

IV/11/2 Administrative Appeals Tribunal: Exhibits

(Photographs of coral in Nelly Bay; plan of breakwall) c1989 1.5cm

IV/11/3 Requests for reconsideration of decision 1988-1989 1.5cm and statement of reasons for decision.

(Requests for reconsideration background papers submitted to the 106th meeting of the Authority; notices to JoWieneke, Julia Walkden and Elizabeth Owen relating to their requests for reconsideration; statements of reasons provided by Graeme Kelleher, Chairman of the Great Barrier Reef Marine Park Authority relating to the decision to grant Magnetic Keys Limited permission to construct a marina at Nelly Bay, the decision to allow engineering investigations, and the decisions to grant permits numbered G88/ 466 and G88/466 Amendment A to McIntyre and Associates).

IV/11/4 Witness submissions, final Administrative Feb 1990 1.5cm

Appeal Tribunal hearing

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SERIES 12

Series No. : 12

Series Title : Administrative Appeals Tribunal: Correspondence Arranged Chronologically

Date Range : November 1988 - March 1990

Quantity : 5cm

 

Summary:

This series consists of solicitors' correspondence, arranged chronologically, which relates to the hearings before the Administrative Appeals Tribunal. The solicitors acting for Island Voice were McIntyre, Stower and Bovey (N ovember 1988 to June 1989) and Boulton, Cleary and Kern (June 1989 to March 1990).

Any affidavits, orders, directions and statements referred to in the correspondence can be located under 'Administrative Appeals Tribunal, Affidavits ... etc' in the subject index.

 

ITEM LIST SERIES 12

Administrative Appeals Tribunal

Correspondence Arranged Chronologically

Item No. Item Title Date Quantity

Range

IV/12/1 Correspondence Nov - Dec 1988 10ff

IV/12/2 Correspondence Feb 1989 3ff

IV/12/3 Correspondence Mar 1989 12ff

IV/12/4 Correspondence Apr l989 l6ff

IV/12/5 Correspondence May 1989 21ff

IV/12/6 Correspondence Jun 1989 .5cm

IV/12/7 Correspondence Jul 1989 11ff

IV/12/8 Correspondence Apr l989 .5cm

IV/12/9 Correspondence Sept 1989 9ff

IV/12/10 Correspondence Oct - Nov 1989 1.5cm

IV/12/11 Correspondence Jan 1990 6ff

IV/12/12 Correspondence Feb 1990 1.5cm

IV/12/13 Correspondence Mar 1990 .5cm

 

SERIES 13

Series No. : 13

Series Title : Administrative Appeals Tribunal: Transcripts

Date Range : 1989 to 1990

Quantity : 2cm

Summary:

Series 13 contains transcripts of the Administrative Appeals Tribunal hearings.

 

ITEM LIST SERIES 13

Administrative Appeals Tribunal

Transcripts

Item No. Item Title Date Quantity

Range

IV/13/1 Administrative Appeals Tribunal 1989-1990 2cm Transcripts (LM DeVantier, Mr Drew, Mr Reithmuller, Mr Wall, Mr Gallagher, Mr Lynch, Mr Haigh, Robyn Wilkinson, J Walkden, J Collins, C Brett, T Done, D Hopley)

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SERIES 14

Series No. : 14

Series Title : Local Government Court Appeal: Discovery and Court Documents Julia Walkden (Appellant)

Date Range : May 1989 to January 1990

Quantity : 15cm

Summary:

This series consists of the appellant's discovery documents and the court documents generated in the course of the appeal.

On the 19th of April 1989, Magnetic Keys Ltd was notified that their 'Consent Use' application for construction of a 230-room hotel and 16 home units on Bright Point, the headland adjoining the Magnetic Quay lease in the Marine P ark at Nelly Bay, had been approved. Section (33) of the Local Government Act 1936-1987 allows appeal to the Local Government Court against the approval of such applications.

An appeal was lodged on 18 May 1989 by Julia Walkden. Before the hearing of the appeal, each participant was required to furnish an affidavit setting out the documents in their possession or power which related to the matters in question in the appeal. These were referred to as the 'discovery' documents, and are contained in the files numbered 1 to 89.

Subsequent files number 90 to 107 contain documents generated during the course of the appeal such as subpoenas, interrogatories, requests for further discovery, submissions on costs, orders on costs, and judgements and reasons f or decisions.

File numbered 108 contains an index of the Townsville Local Government Court File No10/89 which contains a complete set of the documents lodged with the court during the appeal.

 

ITEM LIST SERIES 14

Local Government Court Appeal

Discovery and Court Documents Julia Walkden (Appellant)

Item No. Item Title Date Quantity

Range

IV/14/1 Application for permit Jun 1982 1f 41 units, Bright Point

IV/14/2 Letter Town Planner to objector regarding Jan 1983 7ff ministerial rezoning of Bright Point from Res "A" to "D" with attachments

IV/14/3 Copy letter Town Planner to Newbell granting permit and stating conditions Apr 1983 5ff

IV/14/4 Letter Town Clerk to objector acknowledging receipt of objection to proposed Motel on Bright Point and annexures Dec 1983 10ff

IV/14/5 Copy of Bill of Mortgage over Bright Point by Magnetic Keys Ltd in favour of Tricontinental Corporation Ltd Aug 1987 2ff

IV/14/6 First Public Environment Report (PER) May 1988 - Refer IV/19/29

Copy Australian Heritage Commission Jun 1988 3ff submission to May 1988 PER

IV/14/7 Copy letter objector to Minister for Local Government and Racing.Jul 1988 1f

IV/14/8 Company search, Linkon Design Jul 1988 3ff

IV/14/9 Form letter to Randell regarding Bright Point rezoning Aug 1988 1f

IV/14/10 Letter objector to Randell regarding Magnetic Quay developmentAug 1988 1f

IV/14/11 Letter Office of the Minister for Local Government and Racing Aug 1988 1f

IV/14/12 Letter objector to Randell regarding rezoning Bright Point Dec 1988? Jul 1988 2ff (This letter (14 July 1988) is the same as listed under number 7. It probably should be 14 December 1988 letter. Both enclosed).

IV/14/13 Final LAC lease. Sept 1988 2ff

IV/14/14 Letter Town Planner to objector regarding proposed Magnetic Quay development with enclosure Sept 1988 3ff

IV/14/15 Letter objector to Town Clerk regarding Oct 1988 1f

acknowledgment receipt of Island Voice report in response to May 1988 Public Environment Report

IV/14/16 Title search, Certificate of Title, United n.d. 2ff

Builders, Vol. N1142 Folio 18

IV/14/17 Letter Griffith, AHC to objector regarding Commission's comment on Magnetic Quay Nov 1988 2ff

IV/14/18 Rezoning Bright Point objection form letter Nov 1988 2ff

IV/14/19 Letter Town Planner to objector regarding proposed rezoning Bright Point with enclosures Jan 1989 15ff

IV/14/20 Letter Town Planner to objector regarding approval of rezoning Bright Point to tourist facilities and conditions Jan 1989 2ff

IV/14/21 Application for consent to use Bright Mar Point for hotel and home units with attachment 1989 1f

IV/14/22 Letter objector to Town Planner regarding objection to application for consent use Bright Point and reasons Mar 1989 1f

IV/14/23 Letter Town Clerk to objector acknowledging receipt of objection to proposed development- Mar 1989 1f

IV/14/24 Form C2, Town Planning Scheme, application for approva lMar 1989 1f

IV/14/25 Letter Town Clerk to objector regarding rezoning Bright Point to tourist facilities May 1989 1f

IV/14/26 Letter objector to Acting Mayor Tony Mooney regarding Bright Point Hotel application Apr 1989 1f

IV/14/27 Assistant Town Planner's report regarding consent application and objections Apr 1989 12ff

IV/14/28 Letter objector to WTP/TCC regarding Bright Point application Apr 1989 2ff

IV/14/29 Letter Town Planner granting application for consent and conditions Apr 1989 4ff

IV/14/30 Form letter of objection to granting consent to use Apr 1989 1f

IV/14/31 Letter Purnell to Ahern regarding Magnetic Quay Apr 1989 1f

&IV/14/32 Rezoning Purnell Residential "A" to tourist facilities refused Apr 1989 4ff

IV/14/33 Letter Town Planner to objector regarding Town Planning Application Apr 1989 1f

IV/14/34 Application for registration of business name (Island Voice), by unknown company, application refused May 1989 1f

IV/14/35 Town Planning Scheme 25ff

IV/14/36 Town Planning By Laws 9ff

IV/14/37 Photocopy artist's impression showing island breakwater connected to mainland 1f

IV/14/38 Plan of Development 1f

IV/14/39 Registered plan of development area. 1f

IV/14/40 Copy Water Supply Waste Water Disposal and Site Irrigation Review Mar 1988 .5cm

IV/14/41 Copy Report on Aboriginal History and Affiliation to Magnetic Island, with particular reference to Nelly Bay May 1989 .5cm

IV/14/42 Copy letter Department of Environmentand Conservation enclosing Department of Forestry Report May 1989.5cm

IV/14/43 Photographs, slides and videos

Sketch Plans 3ff

Copy newspaper article headed "Police rushed to Quay site confrontation". 2ff

 

GUSTAV CREEK

IV/14/44 Letter objector to Town Clerk regarding Gustav CreekAug 1988 3ff

IV/14/45 Letter Chief Health Survey to objector regarding contamination of Gustav Creek, Nelly Bay, with attachmentSept 1988 2ff

IV/14/46 Letter Chief Health Surveyor, TCC, to objector regarding water sample testing, Gustav Creek, Nelly BayNov 1988 1f

IV/14/47 Letter objector to D. Kinsey, GBRMPA, regarding water samples from Gustav CreekJan 1989 1f

IV/14/48 Letter Gerry Hand to objector, regarding Bright Point anthropological studyApr 1989 1f

IV/14/49 Letter objector to E Boggiano DEC/TCC regarding sewage problems, Nelly BayApr 1989 1f

IV/14/50 Letter Town Clerk to objector regarding pollution of Gustav Creek Apr 1989 1f

 

ABORIGINAL HERITAGE

IV/14/51 Letter K Sutcliffe CDS, to GBRMPA regarding September PER Sept 1988 1f

IV/14/52 Letter L Scott to Minister for Aboriginal Affairs, emergency protection order, scarred trees, Bright PointJan 1989 1f

IV/14/53 Aboriginal and Islander Protection Act -Bright Point, Emergency Protection Jan 1989 1f

IV/14/54 Letter objector to Gerry Hand regarding emergency protection orderJan 1989 1f

IV/14/55 Report Peter Lauer to DAA, regarding scarred treesFeb 1989 7ff

IV/14/56 Letter Gerry Hand to L Scott advising of anthropological study of Bright Point Mar 1989 1f

IV/14/57 Report Peter Lauer to DAA regarding scarred trees on Bright Point Mar 1989 .5cm

 

COURT DOCUMENTS

IV/14/58 Copy Notice of Appeal May 1989 4ff

IV/14/59 Copy Notice of Election May 1989 1f

IV/14/60 Copy Section 33(18) (m) Notice n.d. 1f

IV/14/61 Copy Notice of Address for Service n.d. 1f

IV/14/62 Copy affidavit Julia Anne Walkden as to service May 1989 1f

IV/14/63 Copy affidavit Grant Theo Riethmuller as to service n.d. 12ff

IV/14/64 Notice Requiring Discovery on Oath from Magnetic Keys Ltd May 1989 1f

IV/14/65 Copy Entry of Appeal May 1989 1f

IV/14/66 Copy Application by Respondent-by-Election May 1989 2ff

IV/14/67 Copy affidavit of Ian Bradley Walker May 1989 .25cm

IV/14/68 Copy Notice Requiring Discovery on Oath to Magnetic Keys Ltd May 1989 1f

IV/14/69 Copy Notice Requiring Discovery on Oath to Townsville City CouncilMay 1989 1f

IV/14/70 Copy Request for Further and Better Particulars from Respondent by Election Jun 1989 3ff

IV/14/71 Copy Affidavit of Documents by Kevin Vinnard WhebellJun 1989 10ff

IV/14/72 Copy Affidavit of Documents by Appellant Jun 1989 9ff

IV/14/73 Copy Further and Better Particulars by Appellant Jun 1989 6ff

 

CORRESPONDENCE

IV/14/74 Copy letter from Cannan and Peterson to Appellant May 1989 1f

IV/14/75 Copy letter Connolly Suthers to Boulton Cleary and Kern May 1989 1f

IV/14/76 Copy letter to Connolly Suthers from Boulton Cleary and Kern May 1989 1f

IV/14/77 Facsimile transmission from Cannan and Peterson to Boulton Cleary and KernMay 1989 21ff

IV/14/78 Copy facsimile transmission enclosing draft order from Cannan and Peterson to Boulton Cleary and Kern May 1989 1ff

IV/14/79 Letter Boulton Cleary and Kern to Cannan and Peterson Jun 1989 2ff

IV/14/80 Facsimile letter from Cannan and Peterson to Boulton Cleary and Kern Jun 1989 1f

IV/14/81 Letter Boulton Cleary and Kern to Cannan and PetersonJun 1989 1f

IV/14/82 Letter Boulton Cleary and Kern to Town Clerk Jun 1989 1f

IV/14/83 Facsimile transmission from Cannan and Peterson to Boulton Cleary and Kern Jun 1989 1f

IV/14/84 Letter Boulton Cleary and Kern to Town Clerk Jun 1989 1f

IV/14/85 Letter Boulton Cleary and Kern to City SolicitorJun 1989 1f

IV14/86 Letter Boulton Cleary and Kern to Town Clerk Jun 1989 1f

IV/14/87 Facsimile letter from City Solicitor to Boulton Cleary and Kern Jun 1989 1f

IV/14/88 Facsimile transmission Cannan and Peterson from Boulton Cleary and Kern Jun 1989 1f

IV/14/89 Letter Boulton Cleary and Kern to Cannan and Peterson Jun 1989 1f

 

COURT DOCUMENTS GENERATED DURING THE HEARING OF THE APPEAL

IV/14/90 Order regarding Discovery and date of hearing May 1989 1f

List of court documents filed before hearing of appeal n.d. 1f

IV/14/91 (2) Subpoena Duces Tecum (2) Subpoena to witness Jul 1989 7ff

IV/14/92 Interrogatories on behalf of the appellant Jul 1989 4ff

IV/14/93 Request for further discovery regarding Magnetic Quay hotel Jul 1989 2ff

IV/14/94 Notice to admit facts Aug 1989 2ff

IV/14/95 Affidavit: Alain Thompson Aug 1989 6ff

IV/14/96 Order regarding payment of costs by appellantAug 1989 1f

IV/14/97 Subpoena Duces Tecum: S Woodley Aug 1989 2ff

IV/14/98 Costs of the respondent-by-election against the appellant Oct 1989 4ff

IV/14/99 Judgement, Judge Wylie QC Nov 1989 1.5cm

IV/14/100 Final judgement Nov 1989 2ff

IV/14/101 Certificate of Taxation Nov 1989 1f Affidavit: IB Walker Nov 1989 1f

IV/14/102 Submission as to costs, respondent-by-election. Nov 1989 11ff

IV/14/103 Submission as to costs, respondent Dec 1989 8ff

IV/14/104 Ruling upon costs, Judge Wylie QC Dec 1989 14ff

IV/14/105 Notice of ceasing to represent party Dec 1989 1ff

IV/14/106 Notice to judgment debtor of oral examination Dec 1989 3ff

IV/14/107 Costs of the respondent-by-election against the appellant Jan 1990 8ff

IV/14/108 Index of Local Government Court 1989-1990 2ff

(Townsville) File No. 10/89

 

DOCUMENTS RELATED TO THE APPEAL

IV14/108 Statement by lay witnesses for the respondent-by-electionAug 1989 .25cm

Top of Page

SERIES 15

Series No. : 15

Series Title : Local Government Court Appeal: Documents relating to the rezoning of Bright Point

Date Range : 1985 - 1989

Quantity : 3.5cm

Summary:

Series 15 consists of files containing documents relating to the rezoning of Bright Point. These documents were part of the brief prepared for the appellant's barrister.

 

ITEM LIST SERIES 15

Local Government Court Appeal

Documents relating to the rezoning of Bright Point

Item No. Item Title Date Quantity

Range

IV/15/1 Copy application for rezoning of Bright Mar 1985 1f

Point from "D" to Tourist Facilities

&IV/15/2 Letter Dempsey to objector May 1985 2ff

Attached, Form R2 Public Notice,

amendment Town Planning Scheme,

rezoning Bright Point

IV/15/3 Copy letter objector to Town Planner May 1985 1f

objecting rezoning Bright Point

IV/15/4 Letter Dempsey to objector enclosing May 1985 2ff

Form of Public Notice, amendment Town

Planning Scheme, rezoning Bright Point

IV/15/5 Letter Town Planner to objector advising May 1985 1f

that rezoning of site incorrectly commenced

IV/15/6 Copy letter objector to Town Planner Jun 1985 2ff

regarding objection to rezoning Bright Point

IV/15/7 Letter Town Clerk to objector regarding Jun 1985 1f

receipt of letter of objection to rezoning of

Bright Point

IV/15/8 Letter Town Planner to objector regarding Jun 1985 1ff

new period of objections to rezoning Bright

Point, due to inaccuracies in advertising

IV/15/9 Copy letter objector to Town Planner Jul 1985 1f

objecting to rezoning Bright Point

IV/15/10 Copy Form R2, Public Notice, Aug 1985 1f

Amendment Town Planning Scheme,

rezoning Bright Point

IV/15/11 Letter Town Clerk to objector regarding Aug 1985 1f

objection to rezoning Bright Point

IV/15/12 Letter Town Clerk to objector regarding Aug 1985 1ff

objection to rezoning Bright Point

IV/15/13 Letter Town Planner to Cappler, refusing Dec 1985 13f

application for rezoning Bright Point to

Tourist Facilities and reasons, with

attachments

IV/15/14 Letter Town Clerk to objector enclosing Aug 1986 9ff

copy of Council minutes dealing with Council's

submission to Land Administration Commission

IV/15/15 Submission to Minister for Local May 1988 2ff

Government regarding Magnetic Quay

development

IV/15/16 Letter Mr. Mead, advising Minister's Oct 1988 2ff

decision to refer rezoning Bright Point back

to TCC

IV/15/17 Letter Town Clerk to E Owen regarding Oct 1988 2ff

process of rezoning Bright Point

Attached letter E Owen to Town Clerk

(30/08/88)

IV/15/18 Letter E Owen to Town Clerk regarding Jan 1988 1f

IV Report on Magnetic Quay and PER

IV/15/19 Letter Town Planner to E Owen regarding Nov 1988 1f

rezoning Bright Point

IV/15/20 Letter E Owen to Town Clerk regarding Dec 1988 1f

objections to rezoning Bright Point to

Tourist Facilities

IV/15/21 Letter E Owen to Mr. Randell, requesting Dec 1988 1f

refusal to rezone Bright Point to Tourist

Facilities or Special Facilities

IV/15/22 Statement by Acting Mayor (media Dec 1988 1f

release) - Magnetic Quay proceeds

IV/15/23 Proposal to make application for rezoning Dec 1988 1f

Bright Point from Res "D" to Tourist

facilities

IV/15/24 Letter Town Clerk to objector re notice Dec 1988 1f

to make application to Minister for Local

Government to amend Town Planning Scheme

and rezone Bright Point to Tourist Facilities

IV/15/25 Letter objector to Aldermen, TCC, Dec 1988 17ff

regarding proposed rezoning Bright Point to

Tourist Facilities, with enclosures

IV/15/26 Letter Town Clerk to objector regarding Jan 1989 2ff

objection to rezoning Res "A" to Tourist

Facilities 28-32 Sooning Street, Nelly Bay

 

IV/15/27 Letter objector to T Mooney regarding Jan 1989 1f

deputation to Works and Town Planning

Committee

IV/15/28 Letter objector to Town Clerk, questions Jan 1989 1f

for tabling at Council meeting

IV/15/29 Letter Town Clerk to objector regarding Jan 1989 1f

Radical Bay

 

IV/15/30 XXX XX to City Administration Jan 1989 1f

regarding rezoning Bright Point Res "D"

to Tourist Facilities

IV/15/31 Letter objector to Town Clerk regarding Jan 1989 1f

rezoning Bright Point

IV/15/32 Letter Valentine to objector regarding Jan 1989 1f

rezoning Bright Poin.

IV/15/33 Letter objector to Mr Randell regarding Jan 1989 1f

rezoning Bright Point

IV/15/34 Letter HO McColl to Mr Randell Jan 1989 1f

regarding rezoning Bright Point

IV/15/35 Letter Minister for Local Government to Jan 1989 1f

objector regarding rezoning Bright Point

IV/15/36 Form letter of objection to Bright Point Jan 1989 1f

rezoning

IV/15/37 Letter Town Planner to objectors advising Jan 1989 3ff

that TCC would recommend to Minister that

rezoning application be approved and conditions

IV/15/38 Letter objector to Mr Randell regarding Jan 1989 1f

Bright Point rezoning and recent discovery

of scarred trees

IV/15/39 Letter objector to Minister for Local Feb 1989 2ff

Government regarding rezoning Bright Point

IV/15/40 Letter Randell to objector regarding Feb 1989 1f

rezoning Bright Point

Top of Page

SERIES 16

Series No. : 16

Series Title : Local Government Court Appeal: Discovery Documents

Townsville City Council (Respondent)

Date Range : February to May 1989

Quantity : 7cm

Summary:

This series consists of the Townsville City Council's discovery documents. Before the hearing of the appeal, the Council was required to furnish an affidavit setting out the documents in its possession or power which related to the matters in question in the appeal.

 

ITEM LIST SERIES 16

Local Government Court Appeal

Discovery Documents - Townsville City Council (Respondent)

Item No. Item Title Date Quantity

Range

 

IV/16/1 Local Government Court Appeal No. 10 May 1989 4ff

of 1989, Julia Anne Walkden -v- The

Townsville City Council

IV/16/2 Notice of Election by Magnetic Keys Ltd May 1989 1f

IV/16/3 Notice by respondent-by-election May 1989 1f

requiring Discovery on Oath by respondent

IV/16/4 Entry of Appeal May 1989 1f

IV/16/5 Application by respondent-by-election May 1989 2ff

IV/16/6 Affidavit: Ian Bradley Walker May 1989 0.25cm

IV/16/7 Notice of Address for Service by Messrs May 1989 1f

Boulton, Cleary and Kern, solicitors for

the appellant

IV/16/8 Notice from appellant to respondent May 1989 1f

requiring Discovery on Oath

IV/16/9 Copy newspaper article from "Advertiser" Feb 1989 1f

IV/16/10 Memorandum from Town Planner to City Feb 1989 2ff

Engineer with various endorsements thereon

from City Engineer's Department

IV/16/11 Two Information on Joining Owners Mar 1989 missing

sheets

IV/16/12 Copy Certificate of Title Volume N1142 n.d. 3ff

Folio 18

IV/16/13 Application for Consent Mar 1989 1f

IV/16/14 Copy Magnetic Quay Hotel Design Mar 1989 .25cm

Concept Statement

IV/16/15 Scale Model of Proposed Hotel. (Refer to missing

IV/16/6 for photographs of model)

IV/16/16 Colour Folder containing 15 pages, 15ff

depicting various elements of the proposed

development. (Please see Folder 1 -

oversize document)

IV/16/17 Folder containing Drawing Nos. SK22a, 1989 15ff

SK28A, Job No. 8908. Drawing Nos.

SK02, SK30A and SK31A; Job No. 8909

- five Drawing Nos. SK32 - SK40 inclusive,

SK23, SK24A, SK44; and Job No. 504,

Drawing Nos. SK21A, SK25A, SK27B and

SK29A

(SK24A and SK29A are missing. Request

IV/20/10 as these are duplicated, folder 2,

oversized documents).

IV/16/18 Copy Receipt for Consent Application Mar 1989 missing

Fees

IV/16/19 Copy Locality Plan with subject land n.d. 1f

shaded in blue and outlined in red

IV/16/20 Copy locality plan showing location of n.d. 1f

three objectors in relation to the proposed

development

IV/16/21 Rates Card / Screen Check Sheet Mar 1989 missing

IV/16/22 Copy extract from Townsville Bulletin Mar 1989 2ff

advertising application

IV/16/23 Memorandum from Town Planner to Mar 1989 missing

Chief Health Surveyor

IV/16/24 Memorandum from Chief Health Surveyor missing

to Town Planner

 IV/16/25 Memorandum from Town Planner to City Mar 1989 1f

Architect

IV/16/26 Memorandum from City Architect's n.d. 1f

Department

IV/16/27 Folder containing 260 objections Mar 1989 1f

(Request IV/20/11 as this is a duplicate)

IV/16/28 Letter from M Turner to Town Clerk. Mar 1989 3ff

IV/16/29 Site Inspection Sheet, comprising three Jan - Mar 1989 3ff

pages

IV/16/30 Letter from Advance Magnetic Island missing

Association to Town Clerk

IV/16/31 Letters from Linkon, Project Consultants Mar 1989 missing

to Townsville City Council

IV/16/32 Transmittal of Documents form from Mar 1989 1f

Brazier and Motti Pty Ltd

IV/16/33 Copy letter from Brazier and Motti Pty Mar 1989 1f

Ltd to Magnetic Keys Ltd

IV/16/34 Copy RP 35615 n.d. 1f

IV/16/35 Copy Brazier and Motti Plan No 6294/33 Mar 1989 missing

IV/16/36 Letter from Brazier and Motti Pty Ltd to Mar 1989 missing

Town Planner, Townsville City Council.

IV/16/37 Statutory Declaration by Keith Dunstan Mar 1989 3ff

Brazier

IV/16/38 Copy letter from Town Clerk to Mar 1989 missing

Mr M Turner

IV/16/39 Copy letter from Town Clerk to Advance Mar 1989 missing

Magnetic Island Association

IV/16/40 Photocopy of newspaper article n.d. 1f

IV/16/41 Copy Report on Scarred Trees at Bright n.d. .5cm

Point, Nelly Bay, Magnetic Island by

Peter Lauer

IV/16/42 Memorandum from Design Engineer to Mar 1989 2ff

Acting City Engineer

IV/16/43 Letter from E Owen to Alderman Apr 1989 1f

Tony Mooney, Acting Mayor

IV/16/44 Memorandum from Assistant Town Apr 1989 .5cm

Planner to Town Planner

IV/16/45 Letter from E Owen to Town Apr 1989 1f

Clerk

IV/16/46 Memorandum from Town Planner to Apr 1989 missing

Town Clerk

IV/16/47 Extract from minutes of Special Works Apr 1989 8ff

and Town Planning Committee meeting

IV/16/48 Extract from minutes of Full Council Apr 1989 1f

Meeting

IV/16/49 Copy press release n.d. 1f

IV/16/50 Application Progress Sheet missing

IV/16/51 Copy letter from Town Clerk Apr 1989 .25cm

to J Lillyman advising of Council's

intention to grant the application

IV/16/52 Copy letter from Town Clerk to Apr 1989 missing

Mrs R Anders advising of the Council's

intention to grant the application

IV/16/53 Copy of letter sent to all objectors on list Apr 1989

attached, advising of Council's intention to

grant the application

IV/16/54 Bundle of 11 pages of Certified Mail missing

posting receipts

IV/16/55 Folder containing 24 letters to objectors, missing

returned unclaimed

IV/16/56 Copy letter from Town Clerk to Magnetic Apr 1989 missing

Keys Ltd advising names of objectors

IV/16/57 Copy letter from Town Clerk to Magnetic Apr 1989 8ff

Keys Ltd advising of Council's intention

to approve application

 

IV/16/58 None - omitted from original list

IV/16/59 Memorandum from Town Clerk to Town Apr 1989 1f

Planner advising of a direction arising out

of a meeting of the Special Works and

Town Planning Committee on the 18th April

concerning letter from E Owen

dated 14th April, 1989

IV/16/60 Copy letter from Town Clerk to Apr 1989 1f

E Owen

IV/16/61 Letter from Messrs Cannan and Peterson, May 1989 missing

solicitors, to Town Clerk

IV/16/62 Facsimile copy of letter from Messrs May 1989 missing

Cannan and Peterson, solicitors, to

Townsville City Council

Top of Page

SERIES 17

Series No. : 17

Series Title : Local Government Court Appeal: Discovery Documents

Magnetic Keys Ltd

Respondent-by-Election

Date Range : 1986 to 1989

Quantity : 12cm

Summary:

This series consists of Magnetic Keys Ltd's discovery documents. Before the hearing of the appeal, the developer was required to furnish an affidavit setting out the documents in his possession or power which related to the m atters in question in the appeal.

 

ITEM LIST SERIES 17

Local Government Court Appeal

Discovery Documents

Magnetic Keys Ltd (Respondent-by-Election)

 

Item No. Item Title Date Quantity

Range

 

MISCELLANEOUS PRIMARY DOCUMENTS

IV/17/1 Copy A.A.T. Act Section 37 Statement - Apr 1989 .25cm

GBRMPA (list of documents retained by

Linkon Projects)

IV/17/2 Impact Assessment Study, Volume1& 2 May 1986 -

(Refer IV/2/7 and IV/2/8)

IV/17/3 Impact Assessment Study - North Barrier Aug 1986 1.25cm

Holdings Limited

IV/17/4 Magnetic Quay Development water supply Mar 1988 .5cm

waste water disposal and site irrigation

review

IV/17/5 Breakwater Design and Modelling Apr 1988 1cm

IV/17/6 Public Environment Report May 1988 -

(Refer IV/20/29)

IV/17/7 Public Environment Report Aug 1988 -

(Refer IV/20/29)

IV/17/8 Public Environment Report Aug 1988 -

(Refer IV/20/29)

IV/17/9 Contract - 5565/1 Magnetic Quay n.d. 1cm

Development - Stage 1

IV/17/10 Proposed Deed of Agreement - Bayvista n.d 1cm

Pty Ltd, Magnetic Keys Limited and

Townsville City Council

IV/17/11 Magnetic Quay development water supply Sept 1988 12ff

waste water disposal and site irrigation

proposal

IV/17/12 Archaeological report on the monitoring Jan 1989 11ff

of geotechnical investigations, Magnetic

Quays Development, Nelly Bay

IV/17/13 Special Works Town Planning Committee Jan 1989 missing

meeting of Townsville City Council report

IV/17/14 Banker's undertaking Jan 1989 5ff

IV/17/15 Copy Application for consent Mar 1989 1f

IV/17/16 Magnetic Quay development water and Mar 1989 1f

sewerage services - summary of TCC

cost responsibility

IV/17/17 Magnetic Quay development sewerage Apr 1989 .5cm

pump station - assessment of TCC cost

responsibility

IV/17/18 Department of Forestry investigation into n.d. .5cm

scarring of Hoop Pines at Bright Point,

Magnetic Island

IV/17/19 Archaeological report on the collection of Apr 1989 .25cm

artefacts on Inter Tidal Reef Flat Nelly Bay,

Magnetic Island

IV/17/20 Copy Statutory Declaration of Apr 1989 7ff

KD Brazier

IV/17/21 Report on Aboriginal History and May 1989 1cm

affiliation to Magnetic Island

IV/17/22 Copy Lease - Townsville Port Authority missing

Townsville Motor Boat Club Limited

(marina area)

IV/17/23 Various photographs and press clippings missing

IV/17/24 Coupons returned in support of project n.d. .5cm

PRIMARY CORRESPONDENCE

IV/17/25 Copy letter Townsville City Council to Nov 1986 1f

North Barrier Holdings Pty Ltd

IV/17/26 Copy letter Townsville City Council to Apr 1987 1f

Land Administration Commission

IV/17/27 Copy letter Linkon Project Consultants to May 1987 3ff

Townsville City Council

IV/17/28 Copy letter Linkon Project Consultants to May 1987 4ff

Townsville City Council

IV/17/29 Copy letter Townsville City Council to Jun 1987 1f

Townsville Port Authority

IV/17/30 Copy letter Linkon Design to Townsville Nov 1987 3ff

City Council

IV/17/31 Copy letter Linkon Design to Townsville Nov 1987 missing

City Council

IV/17/32 Copy letter Linkon Design to Townsville Dec 1987 2ff

City Council

IV/17/33 Copy letter Linkon Design to Townsville Dec 1987 1f

City Council

IV/17/34 Copy letter Linkon Design to Townsville Feb 1988 missing

City Council

IV/17/35 Memorandum McIntyre and Associates to Mar 1988 1f

Linkon Project Consultants

IV/17/36 Letter Townsville City Council to Linkon May 1988 1f

Design Pty Ltd

IV/17/37 Letter Townsville City Council to Linkon June 1988 missing

Design Pty Ltd

IV/17/38 Copy letter Townsville City Council to July 1988 missing

The Minister for Local Government and

Racing

IV/17/39 Copy letter Linkon Project Consultants to Sept 1988 4ff

Townsville City Council

IV/17/40 Letter McIntyre to Linkon Project Sept 1988 missing

Consultants

IV/17/41 Copy letter McIntyre to Townsville City Oct 1988 1f

Council

IV/17/42 Copy letter McIntyre to Townsville City Nov 1988 missing

Council

IV/17/43 Facsimile Townsville City Council to Nov 1988 4ff

McIntyre

IV/17/44 Letter Townsville City Council to Linkon Dec 1988 1f

Project Consultants

IV/17/45 Letter Mayor Townsville City Council to Dec 1988 missing

Linkon Pty Ltd

IV/17/46 Copy letter Magnetic Keys Ltd to Dec 1988 2ff

Mayor Townsville City Council

IV/17/47 Copy letter McIntyre to Townsville City Dec 1988 1f

Council

IV/17/48 Copy facsimile Linkon Project Consultants Dec 1988 missing

to Townsville City Council

IV/17/49 Copy letter McIntyre to Townsville City Dec 1988 4ff

Council

IV/17/50 Copy letter McIntyre to Townsville City Dec 1988 missing

Council

IV/17/51 Letter Acting Mayor Townsville City Dec 1988 1f

Council to Magnetic Keys

IV/17/52 Letter Townsville City Council to Jan 1989 1f

McIntyre

IV/17/53 Copy letter McIntyre to Townsville City Jan 1989 2ff

Council

IV/17/54 Letter Northern Archaeology Consultants Jan 1989 missing

to Magnetic Keys Ltd.

IV/17/55 Copy Facsimile Linkon Project Jan 1989 missing

Consultants to Townsville City Council

IV/17/56 Facsimile Townsville City Council to Jan 1989 missing

Linkon Project Consultants

IV/17/57 Letter Townsville City Council to Jan 1989 2ff

McIntyre

IV/17/58 Copy letter McIntyre to Townsville City Feb 1989 2ff

Council

IV/17/59 Copy letter McIntyre to Townsville City Feb 1989 1f

Council

IV/17/60 Letter McIntyre to Linkon Constructions Feb 1989 3ff

IV/17/61 Copy letter Connolly Suthers to Mar 1989 2ff

Townsville City Council

IV/17/62 Copy letter McIntyre to Townsville City Mar 1989 missing

Council

IV/17/63 Copy letter McIntyre to Townsville City Mar 1989 3ff

Council

IV/17/64 Letter Townsville City Council to Mar 1989 2ff

Connolly Suthers

IV/17/65 Letter Brazier and Motti Pty Ltd to Mar 1989 missing

Linkon Design

IV/17/66 Copy letter Brazier and Motti Pty Ltd to Mar 1989 missing

Townsville City Council

IV/17/67 Copy letter McIntyre to Townsville City Mar 1989 12ff

Council

IV/17/68 Letter Townsville City Council to Apr 1989 missing

McIntyre and Associates

IV/17/69 Copy letter McIntyre to Townsville City Apr 1989 2ff

Council

IV/17/70 Letter Townsville City Council to Apr 1989 8ff

Magnetic Keys Limited

IV/17/71 Letter Townsville City Council to Apr 1989 missing

Magnetic Keys Limited

IV/17/72 Copy letter McIntyre to Townsville City Apr 1989 1f

Council

IV/17/73 Copy letter McIntyre and Associates May 1989 missing

to Townsville City Council

IV/17/74 Letter Department of Environment and May 1989 missing

Conservation to Linkon Construction Pty

Ltd

IV/17/75 Letter Townsville City Council to Linkon n.d. missing

Design Pty Ltd

DRAWINGS (Refer Oversize Folder 1)

IV/17/76 Locality Plan - 5561/1 1989 1f

IV/17/77 Overall Plan - 5565/2 1988 1f

IV/17/78 Marina Basin and Entrance Channel - 5565/3 missing

IV/17/79 Breakwaters and Revetments etc. - 5565/4 1988 1f

IV/17/80 Bright Point - 5565/5 missing

IV/17/81 Commercial Area etc. North - 5565/6 missing

IV/17/82 Commercial Area etc. South - 5565/7 missing

IV/17/83 Gustav Creek - Condominium Site - 5565/8 missing

IV/17/84 Cross Sections Overall Site - 5565/9 missing

IV/17/85 Cross Sections Overall Site - 5565/10 missing

IV/17/86 Cross Sections Breakwaters and Revetments missing

- 5565/11

IV/17/87 Cross Sections Breakwaters and Revetments missing

- 5565/12

IV/17/88 Cross Sections Bright Point - 5565/13 missing

IV/17/89 Storm Water Drainage Catchment Plan missing

- 5565/14

IV/17/90 Storm Water Drainage Catchment Plan 1989 1f

- 5565/15

IV/17/91 Storm Water Drainage Details - 5565/16 missing

IV/17/92 Storm Water Drainage Details - 5565/17 missing

IV/17/93 Storm Water Drainage Details - 5565/18 missing

IV/17/94 Retaining Wall Details - 5565/19 missing

IV/17/95 Weir Details - 5565/20 missing

IV/17/96 Public Boat Ramp and Trailer Park Layout Plan missing

- 5565/21

IV/17/97 Public Boat Ramp and Trailer Park Details missing

- 5565/22

IV/17/98 Barge Unloading Ramp - 5565/23 missing

IV/17/99 Breakwater Details - 5565/24 missing

IV/17/100 Mooring Pile Details - 5565/25 missing

IV/17/101 Existing Sand Locations - 5565/26 missing

IV/17/102 Sand Profiles - 5565/27 missing

IV/17/103 Reclamation Works - TSK 5565/100 1988 1f

IV/17/104 Proposed Road Works - Sooning Street 1988 1f

- TSK 5565/101

IV/17/105 Proposed Public Roads - TSK 5565/102 1988 1f

IV/17/106 Public Boat Ramp and Trailer Park 1988 1f

- TSK 5565/103

IV/17/107 Existing Beach South of Development 1988 1f

- Plan - TSK 5565/104

IV/17/108 Existing Beach South of Development 1988 1f

- Cross Sections - TSK 5565/105

IV/17/109 Swimming enclosures - TSK 5565/106 1988 1f

IV/17/110 Fencing - TSK 5565/107 1988 1f

IV/17/111 Gustav Creek Works - TSK 5565/108 1988 1f

IV/17/112 Survey Data for Coral Communities missing

- TSK 5565/109

 McINTYRE AND ASSOCIATES PTY. LTD.

IV/17/113 Locality Plan - 5565/1 (see IV/17/76)

IV/17/114 Overall Site Plan - 5565/2B n.d. 1f

IV/17/115 Siteworks - Marina Basin and Entrance 1988 1f

Channel - 5565/3A

IV/17/116 Breakwaters and Revetments - 5565/4B missing

IV/17/117 Siteworks - Bright Point - 5565/5C 1988 1f

IV/17/118 Siteworks - Resort Apartment Site 1989 1f

- 5565/6B

IV/17/119 Siteworks - Commercial Site - 5565/7B 1989 1f

IV/17/120 Siteworks - Condominium, Public Boat 1989 1f

and Trailer Park Site - 5565/8B

IV/17/121 Sections - Overall Site Sh. 1 of 2 1988 1f

- 5565/9B

IV/17/122 Sections - Overall Site Sh. 2 of 2 1989 1f

- 5565/10B

IV/17/123 Breakwater Sections - 5565/11A 1988 1f

IV/17/124 Revetments - 5565/12D 1988 1f

IV/17/125 Sections - Bright Point - 5564/13A 1988 1f

IV/17/126 Stormwater Drainage Catchment Plan 1989 1f

Sh. 1 of 2 - 5565/14

IV/17/127 Stormwater Drainage Catchment Plan

Sh. 2 of 2 - 5565/15 (refer to IV/17/90).

IV/17/128 Stormwater Drainage Details 1989 1f

Sh. 1 of 2 - 5565/16A

IV/17/129 Stormwater Drainage Details 1989 1f

Sh. 2 of 4 - 5565/17B

IV/17/130 Stormwater Drainage Details 1989 1f

Sh. 3 of 4 - 5565/18A

IV/17/131 Weir and Retaining Walls Structural 1989 1f

Details Sh. 1 of 2 - 5565/19A

IV/17/132 Weir and Retaining Walls Structural 1989 1f

Details Sh. 2 of 2 - 5565/20A

IV/17/133 Public Boat Ramp and Trailer Park 1989 1f

Layout Plan - 5565/21

IV/17/134 Public Boat Ramp and Trailer Park 1989 1f

Details - 5565/22A

IV/17/135 Barge Ramp - 5565/23A 1989 1f

IV/17/136 Breakwater Details - 5565/24A 1989 1f

IV/17/137 Piles and Navigation Beacon Details 1989 1f

- 5565/25A

IV/17/138 Sand Borrow Area - 5565/26 1989 1f

IV/17/139 Sand Profiles - 5565/27 1989 1f

IV/17/140 Sewer Layout Plan - 5565/28A 1989 1f

IV/17/141 Sewer Construction Details 1989 1f

Sh. 1 - 5565/29

IV/17/142 Water Layout Sh. 1 of 2 - 5565/30 n.d. 1f

IV/17/143 Water Layout Sh. 2 of 2 - 5565/31 n.d. 1f

IV/17/144 Stormwater Drainage Details missing

Sh. 4 of 4 - 5565/32

 

BRAZIER AND MOTTI

 

IV/17/145 Survey Control Plan Magnetic Quay Apr 1988 1f

Development - Magnetic Island - 6294/23

(refer IV/17/153)

IV/17/146 Original Contour Survey Bright Point - Jan 1986 missing

18804

IV/17/147 E.P. 2262 Formal Compiled Plan Lots Jan 1987 1f

222-237-6294/19

IV/17/148 Compiled Plan of proposed leases - Mar 1987 missing

6294/1

IV/17/149 Magnetic Key Lease Land Use - 6294/1A May 1987 missing

IV/17/150 Plan showing position of Mean low Aug 1987 1f

water, low water datum and lowest

astronomical tide at Nelly Bay - 6294/11

IV/17/151 Determination of Mean low water mark. Dec 1987 1f

Bright Point Nelly Bay - 6294/100,

mean low water mark

IV/17/152 Detailed Plan of Port Nelly Bay - 6294/21 Feb 1988 missing

IV/17/153 Survey Controlled Plan Magnetic Quay Apr 1988 1f

Project - 6294/23

IV/17/154 Vegetation Plan for Magnetic Quay Aug 1988 1f

Project - 6294/29

 

EMF CONSULTANT

 

IV/17/155 Trailer Park Inground Electrical Pipe missing

- SKE 8B

 

MOIR HARDING GILL AND METZRETH

 

IV/17/156 Boardwalk Piling Layout - 88-252/1 missing

 

 APPEAL DOCUMENTS

IV/17/157 Copy Notice of Appeal May 1989 6ff

IV/17/158 Notice Requiring Discovery (Townsville May 1989 1f

City Council)

IV/17/159 Notice Requiring Discovery (Walkdon) May 1989 1f

IV/17/160 Copy Notice of Election May 1989 1f

IV/17/161 Copy Application May 1989 2ff

IV/17/162 Copy Affidavit of Ian Bradley Walker May 1989 .25cm

IV/17/163 Notice Requiring Discovery on Oath May 1989 1f

(Walkden to Magnetic Keys Limited)

IV/17/164 Notice of Address for Service of May 1989 1f

Appellant

IV/17/165 Order of Judge Wylie QC May 1989 1f

IV/17/166 Request for Further and Better Particulars Jun 1989 3ff

IV/17/167 Copy Affidavit of Kevin Vinnard Whebell Jun 1989 10ff

IV/17/168 Copy Affidavit of J.A. Walkden June 1989 9ff

IV/17/169 Further and Better Particulars June 1989 6ff

 

FROM CANNAN AND PETERSON FILE

IV/17/170 Copy Registered Plan 35615 (Refer 1980 1f

oversized folder 1)

IV/17/171 Copy Certificate of Title Volume N1142 2ff

Folio 18

IV/17/172 Copy letter Cannan and Peterson to May 1989 missing

Townsville City Council

IV/17/173 Copy letter Cannan and Peterson to J.A. May 1989 1f

Walkden

IV/17/174 Facsimile Cannan and Peterson to May 1989 missing

Townsville City Council

IV/17/175 Facsimile Cannan and Peterson to Boulton May 1989 1f

Cleary and Kern

IV/17/176 Facsimile Cannan and Peterson to May 1989 missing

Townsville City Council

IV/17/177 Facsimile Cannan and Peterson to Boulton May 1989 missing

Cleary and Kern

IV/17/178 Draft Order n.d. missing

IV/17/179 Facsimile Boulton Cleary and Kern to Jun 1989 1f

Cannan and Peterson

IV/17/180 Facsimile Cannan and Peterson to Boulton Jun 1989 1f

Cleary and Kern

IV/17/181 Facsimile Cannan and Peterson to Jun 1989 missing

Townsville City Council

IV/17/182 Facsimile Cannan and Peterson to Boulton Jun 1989 1f

Cleary and Kern

IV/17/183 Facsimile Boulton Cleary and Kern to Jun 1989 1f

Cannan and Peterson

IV/17/184 Facsimile Cannan and Peterson to Boulton Jun 1989 1f

Cleary and Kern

IV/17/185 Facsimile Townsville City Council to Jun 1989 missing

Cannan and Peterson

IV/17/186 Facsimile Cannan and Peterson to Boulton Jun 1989 1f

Cleary and Kern

IV/17/187 Facsimile Cannan and Peterson to Jun 1989 missing

Townsville City Council

IV/17/188 Facsimile Boulton Cleary and Kern to Jun 1989 1f

Cannan and Peterson

Top of Page

SERIES 18

Series No. : 18

Series Title : Local Government Court Appeal: Transcripts

Date Range : July - August 1989

Quantity : 24cm

Summary:

This series consists of the transcripts of the Local Government Court Appeal heard during July and August 1989. Various witnesses were called to be questioned on such issues as the effect of siteworks on the amenity of Nelly Bay, the provision of adequate sewerage, the problem of the road servicing Bright Point, the effect of the project on the nearby fringing reefs, the effect of the project on the local community and the provision of adequate parking.

 

ITEM LIST SERIES 18

Local Government Court Appeal

Transcripts

Item No. Item Title Date Quantity

Range

IV/18/1 Local Government Court transcripts Jul 1989 1.5cm

17-18 July 1989. (Submission of exhibits;

witnesses; Errol Stock; Peter Bell; Peter

Raggatt).

IV/18/2 Local Government Court transcript. Jul 1989 2.5cm

19-20 July 1989. (Peter Bell, Ian Dickson,

Philip Day, Philip Heywood, Gregory Miller).

IV/18/3 Local Government Court transcript. Jul 1989 2cm

21, 24 July 1989. (Gregory Miller, Errol

Stock, Tor Hundloe).

IV/18/4 Local Government Court transcript. Jul 1989 2cm

25-26 July 1989. (F.E. Osborn,

L.M. Devantier, G.F. Claridge, J.E. Wieneke,

J. Subke).

IV/18/5 Local Government Court transcript. Jul-Aug 1989 2cm

27, 28 July, 1 August, 1989. (A.K. Cook,

E.N. Gustavson, J.C. Owens, M.E. Mainstone,

J. Brodie, R.M. Stockwell, G.J. Miller).

IV/18/6 Local Government Court transcript. Aug 1989 1.5cm

2, 3 August, 1989. (G.J. Miller, J. Brodie,

L.R. Ashdown, W.E. Chinn, discussion

between Mr. Drew, Mr. Pack and His Honour,

A.R. Crosby).

IV/18/7 Local Government Court transcript. Aug 1989 2.5cm

4, 7 August, 1989. (P.N. Foxwell,

L.J. Evanson, P.A.G. Dance, Cliff Morris,

M.P. Hardy).

IV/18/8 Local Government Court transcript. Aug 1989 1cm

8 August 1989. (B.D. Stanton,

K.R. Todd, P.G. Breene).

IV/18/9 Local Government Court transcript. Aug 1989 2cm

9, 10 August, 1989. (P.G. Breene,

R.W. Carter, A. Latham).

IV/18/10 Local Government Court transcript. Aug 1989 2.5cm

11, 14, 15 August, 1989. (S.R. Moore,

C.O. Harkness, K.D. Brazier, D. Hopley).

IV/18/11 Local Government Court transcript. Aug 1989 2cm

16, 17 August 1989. (J.D. Collins,

G.J. Beath, J.A. Lyons, M.W. Butler,

V.J. Orr, P.J. Bachiella, W.R. Burgher,

J. Brodie, W. Panuk, G.J. Beath).

IV/18/12 Local Government Court transcript. Aug 1989 2cm

18, 21, 22 August 1989. (D.R. Gorman,

C.A. Brett, S.J. Woodley, J. Brodie,

A.F. Thompson, R. Stockwell).

IV/18/13 Local Government Court transcript. Aug 1989 .5cm

23, 24 August 1989. (Mr. Drew

- summing up).

Top of Page

SERIES 19

Series No. : 19

Series Title : Local Government Court Appeal: Index to Transcripts

Date Range : 1989

Quantity : 7ff

Summary:

This series consists of an hand written index to the Local Government Court transcripts. It lists the witnesses names, their topics and the page numbers.

ITEM LIST SERIES 19

Local Government Court Appeal

Transcripts

 Item No. Item Title Date Quantity

Range

IV/19/1 Transcript index 1989 7ff

SERIES 20

Series No. : 20

Series Title : Local Government Court Appeal: Exhibits

Date Range : 1941-1989

Quantity : 40cm

Summary:

Series 20 consists of the exhibits tendered during the course of the Local Government Court appeal.

 

ITEM LIST SERIES 20

Local Government Court Appeal

Exhibits

Item No. Item Title Date Quantity

Range

 

IV/20/1 Report P. Day - Town Planner Jul 1989 20ff

IV/20/2 Report P. Heywood - Town Planner July1989 7ff

IV/20/3 Report Dr. T. Hundloe - Economist Jul 1989 12ff

IV/20/4 Report Dr. I. Dickson - Public Health Jul 1989 3ff

IV/20/5 Report P. Valentine - Survey Aug - Sept 1988 8ff

IV/20/6 Report Dr. P. Raggatt - Survey Jun 1988 .25cm

IV/20/7 Report Mr. G.J. Miller (substituted by May 1989 .5cm

later composite report) - Environmental

Assessment

IV/20/8 Report P. Bell - Water Quality Jul 1989 .25cm

IV/20/9 Report E Stock - Coastal Management Jul 1989 15ff

IV/20/10 Application for consent and supporting Mar-Apr 1989 .5cm

documents

IV/20/11 The objections to the development Mar 1989 3cm

IV/20/12 The Zone Map missing

IV/20/13 Scale Model 1989 1f

(Refer Newspaper Photo in file)

IV/20/14 Locality Map n.d. 3ff

IV/20/15 Memos to and from Council to City Feb 1989 2ff

Engineer from Town Planner

IV/20/16 Report from City Engineer's Department Mar 1989 2ff

IV/20/17 Report Assistant Town Planner Apr 1989 .5cm

IV/20/18 Town Planning Committee Minutes Apr 1989 8ff

IV/20/19 Townsville City Council meeting extract Apr 1989 9ff

of minutes

IV/20/20 Copy proforma letter to all objectors Apr 1989 4ff

IV/20/21 Letter to Developer 19/4/89 - advising Apr 1989 missing

names of objectors

IV/20/22 Copy letter to Developer - interest to Apr 1989 7ff

approved - 19/4/89

IV/20/23 Town Planning Scheme and Bylaws - .5cm

IV/20/24 Four (4) Plans - Osborne's evidence

 

(a) 5565/5C (refer to IV/17/117, 1f

oversized document folder No. 1)

 

(b) 5565/13A (refer to IV/17/125,

oversized document folder No. 2) 1988 1f

 

(c) Topographical Map with 1988 1f

dimensions of level imposed

8908/5 SK44 (refer oversized

document folder No. 2)

 

(d) R.P. 35615 (refer oversized 1f

document folder No. 2)

IV/20/25 Site Inspection Sheet - Carrol of Mar 1989 3ff

Townsville City Council

IV/20/26 Photos from Townsville and ferry, of Jul 1989 8ff

Bright Point

IV/20/27 Photo Album Jul 1989 3.5cm

IV/20/28I Volume 1 Impact Assessment Study May 1986 1.5cm

IV/20/28II Comments on Impact Assessment Study Aug 1986 1.0cm

and Responses

IV/20/29 Public Environment Reports (3) May 1988 1.5cm

Aug 1988 2.0cm

Jan 1989 2.5cm

IV/20/30 Deed of Agreement - John McDonald Jul 1989 1.0cm

IV/20/31 Folder of Newspaper clippings - missing

IV/20/32 Satellite photo of the bay n.d. 1f

(refer outsized document folder No. 2)

IV/20/33 Glossy promotional brochure - Bulletin 1988 1f

(refer oversized document folder No. 2)

IV/20/34 Great Barrier Reef Marine Park Authority Oct 1988 16ff

Assessment Report

IV/20/35 Letter from Water Resources 22/09/88 to Sept 1989 9ff

Dr. Ian Dickson with enclosures

IV/20/36 Plan of Sewerage Plant, Magnetic Island - 1988 1f

No. 5565/2 (refer to IV/17/77, oversized

document folder No. 1)

IV/20/36B Plan of Sewerage Plant and Spray Irrigation with 1f

adjacent road - No. 5565/2-A (refer oversized

document folder No. 2)

IV/20/37 Aerial photos of Bright Point - two (2) 1973-1988 3ff

from 1973 and one (1) from 1988 (refer

oversized document folder No. 2)

IV/20/38 Newspaper clippings 1973 regarding 1973 missing

development on Bright Point

IV/20/39 Minutes of Council Meeting, 1971 Oct 1971 3ff

IV/20/40 Curriculum vitae of Mr. Miller Jul 1989 9ff

IV/20/41 Appendix to sites 1, 2 and 5 (Brodie et al) n.d. 3ff

IV/20/42 Septic Tank and Sewerage drawings 2ff

(refer oversized document folder No. 1

IV/17/140 and IV/17/141)

IV/20/43 Plan of Proposed Carpark Facilities for 47 n.d. 1f

cars (refer oversized document folder No. 2)

IV/20/44 "Enjoyment of Holiday" Survey Tables n.d. 7ff

IV/20/45 "Enjoyment of Holiday" Survey n.d. 1ff

Questionnaire

IV/20/46 Report - Mr. S.R. Moore Jul 1989 7ff

IV/20/47 Promotional pamphlets - Fraser Osborne Jul 1989 4ff

Pty. Ltd.

IV/20/48 Frank Osborne - Report Jul 1989 13cm

IV/20/49 Plan 5565/15 Drains Plan 1989 1f

(refer IV/17/90, oversized document

folder No. 1)

IV/20/50 Real Property Survey Plan 1980 2ff

(refer oversized document folder No. 2)

IV/20/51 Evanson - Townsville City Council Aug 1989 10ff

Parking Plan

IV/20/52 Carparking Plan n.d. 1f

(refer oversized document folder No. 2)

IV/20/53 Section Plan 5565/5C 1988 1f

(refer oversized document folder No. 2)

IV/20/54 Brazier and Motti Plan contour map 1989 2ff

(refer oversized document folder No. 2)

IV/20/55 Plan Sk 44 1989 1f

(refer oversized document folder No. 2)

IV/20/56 Coloured sight-line elevation drawing c 1989 2ff

(refer oversized document folder No. 2)

IV/20/57 Line of cut drawing - Linkon n.d. 1f

IV/20/58 Slides 1-20 - Coral off Bright Point, May 1988 1f

Index and Slides

IV/20/59 List of Coral Species Jul 1988 1f

IV/20/60 Invoice headed "Theiss Contractors Pty. Jul 1989 2ff

Ltd."; Form 1 Schedule 2 Construction

Safety Act; and receipt from Theiss

Contractors

IV/20/61 Sunmap Map with Sooning Street noted n.d. 1f

Produced by Main Roads Dept. (refer

oversized document folder No. 2)

IV/20/62 "Quay News" Pamphlet Aug-Sept 1989 2ff

(refer oversized document folder No. 2)

IV/20/63 Model - (on B level) - missing

IV/20/64 Baseline Study - Brodie, Mapstone and Mar 1989 1.5cm

Mitchell (Water Quality and Sediment)

IV/20/65 Main Roads Department Map - showing n.d. 1f

Magnetic Island Road (previously Exhibit

"D" for Identification)

(refer oversized document folder No. 2)

IV/20/66 "Water Quality considerations and the Jul 1989 3ff

Bright Point Hotel" by J.E. Brodie

IV/20/67 Report - Breene Jul 1989 16ff

IV/20/68 Report and Curriculum Vitae - Crosby Jul 1989 4ff

(copy substituted by original)

IV/20/69 Report and Curriculum Vitae - Foxwell Jul 1989 missing

(copy substituted by original)

IV/20/70 Calculations by Mr. Miller regarding Aug 1989 1f

Nutrient Loadings - Nelly Bay

IV/20/71 Statement of David Hopley c Jul 1989 5ff

IV/20/72 Report, John Collins, 'Bright Point - n.d. 5ff

Salinity'

IV/20/73 Answer to Interrogatories delivered by Aug 1989 3ff

Appellant (refer to IV/17/153, oversized

document folder No. 1)

IV/20/74 Council street works record of Magnetic 1981 2ff

Island and road map (refer oversized

document folder No. 2)

IV/20/75 Map of Nelly Bay showing areas where -- missing

Mr. Miller saw soil samples

IV/20/76 Table from Cannan and Peterson Jul 1989 6ff

(evidence Mr. Miller)

IV/20/77 The Fringing Reefs of Magnetic Island: Mar 1989 2.0cm

Benthic Biota and Sedimentation, A

Baseline Survey

IV/20/78 Photo Montage (previously Exhibit "A" Jul 1989 .5cm

for Identification) (refer oversized

document folder No. 2)

IV/20/79 Commonwealth Pathology Laboratory Apr 1988 1f

test results (previously Exhibit "E" for

Identification)

IV/20/80 Request for further and better particulars Jun 1989 9ff

and particulars supplied.

IV/20/81 Road Dedication Certificate of Title Jul 1941 3ff

Volume 297 Folio 148.

IV/20/82 Correspondence Boulton Cleary and Kern Jul 1989 2ff

to Council to Cannan & Peterson regarding

work commencing on site.

IV/20/83 Curriculum Vitae - P.G.A. Dance, Town -- missing

Planner, Townsville City Council

IV/20/84 Statement by Phillip George Alexander Jul 1989 3ff

Dance (notes prepared) on density

IV/20/85 Memo City Solicitor and Town Planner Jun 1988 3ff

to Council 16.06.88.

IV/20/86 Letter from Mr. Wieneke to Town Planner Jan 1989 1f

objecting

IV/20/87 Report - Phil Dance, Town Planner, -- missing

Townsville City Council

IV/20/88 Notice placed on land and newspaper and Dec 1988 2ff

notice to adjoining landowners

(specifically Mr. and Mrs. Wieneke)

IV/20/89 Letter Townsville City Council to Cappler Dec 1985 1f

IV/20/90 Letter Townsville City Council Town Oct 1987 2ff

Planner to Mr. Wieneke

IV/20/91 Statement Barry Dennis Stanton, City Aug 1989 1f

Engineer, Townsville City Council

IV/20/92 Curriculum Vitae - Ken Todd, Town missing

Planning Consultant

IV/20/93 Planning Report - Ken Todd Jul 1989 .5cm

IV/20/94 Magnetic Island promotional publication -- missing

including photograph

IV/20/95 Photograph Bright Point - Ken Todd's -- missing

evidence

IV/20/96 Curriculum Vitae - Breene, Water Quality -- missing

Consultant

IV/20/97 Report - Bill Carter and cross-section Jul 1989 .5cm

drawings, Bright Point Hotel Development

IV/20/98 Topographic map - Magnetic Island 1988 1f

(refer oversized document folder No. 2)

IV/20/99 Promotional pamphlet - Latitude 19 n.d. 3ff

IV/20/100 Article by Collins - "Fringing Reef n.d. 6ff

Workshop"

IV/20/101 Photocopies Certificates of Title and 1980-1989 3ff

Survey Plans - Braziers evidence

(refer oversized document folder No. 2)

IV/20/102 Model Accuracy Plan -- missing

IV/20/103 Reports referred to by Professor Hopley 1986-1988 5cm

IV/20/104 Advertising Flyer for Hopley in n.d. 1f

association with McIntyre and Associates

IV/20/105 Photograph of Bright Point (Line of cut) Aug 1989 1f

IV/20/106 Sketch by Dr. Hopley regarding -- missing

utrefication

IV/20/107 Plan SKIG - Model Accuracy n.d. 1f

(refer oversized document folder No. 2)

IV/20/108 Drawing 1.03 - Current Architectural Plan -- missing

IV/20/109 Sunlight and shade diagrams -- missing

IV/20/110 Photograph of M. Butlers House, M.I. n.d. 1f

IV/20/111 Photo of Rocky V, M. Butlers, M.I. n.d. 1f

IV/20/112 Newspaper clipping, letter to Editor by Mar 1986 2ff

M. Butler

IV/20/113 Submission to Minister for Local May 1988 3ff

Government

IV/20/114 Curriculum Vitae - Colin Anthony Brett, Jul 1989 9ff

Engineer

IV/20/115 Soil Samples (missing), Photos, c Aug 1989 2ff

Locations, documents (refer oversized

document folder No. 2)

IV/20/116 Meteorological tables Mar 1989 7ff

IV/20/117 Photographs in file, tables and results, c Aug 1989 2ff

water sampling (missing)

IV/20/118 Nutrient Analysis - Gustav Creek - -- missing

Jane Orr

IV/20/119 Nutrient Analysis - Gustav Creek - -- missing

Paula Bacchiela

IV/20/120 Nutrient Analysis - Gustav Creek - -- missing

R. Burgler

IV/20/121 Conductivity and salinity tests - J. Brodie -- missing

IV/20/122 Letter Cannan and Peterson to Townsville Aug 1989 2ff

City Council

IV/20/123 Letter from Townsville City Council to Aug 1989 1f

Cannan and Peterson, 16th August, 1989

IV/20/124 Certified copy of Townsville City Council Aug 1989 2ff

Minutes

IV/20/125 Feasibility Study Bright Point Hotel, May 1988 18ff

May 1988

IV/20/126 Soil sample maps -- missing

IV/20/127 5 soil samples -- missing

IV/20/128 Water sampling sites (map) -- missing

IV/20/129 Photograph of area adjacent to where soil c Aug 1989 1f

sample 5 taken

IV/20/130 Photographs of irrigation site c Aug 1989 2ff

IV/20/131 Photographs retention pond and c Aug 1989 3ff

earthworks

IV/20/132 Photographs A-F irrigation area (various c Aug 1989 6ff

views)

IV/20/133 Soil settling experiment c Jul-Aug 1989 1 Jar

IV/20/134 GBRMPA permit and associated 1987-1989 1.0cm

documents

IV/20/135 Letter GBRMPA to Magnetic Quays Nov 1988 1f

IV/20/136 Letter from Linkon 26/5/87 May 1987 3ff

IV/20/137 Special Lease Sept 1988 4ff

IV/20/138 Water quality test results -- missing

IV/20/139 Population density calculations Aug 1989 6ff

IV/20/140 Car parking (refer to oversized document 1989 5ff

folder No. 2)

Top of Page

SERIES 21

Series No. : 21

Series Title : Local Government Court Appeal: Related Documents

Date Range : 1987-1989

Quantity : 1cm

Summary:

This series consists of statements by lay witnesses for the appellant and respondent-by-election. Also included are related precedents and Court Rules.

ITEM LIST SERIES 21

Local Government Court Appeal: Related

Documents

Item No. Item Title Date Quantity

Range

IV/21/1 Statements, Lay Witnesses for the Aug 1989 .25

Respondent-By-Election

IV/21/2 Statements, Lay Witnesses for the Jul-Aug 1989 12ff

Appellant

IV/21/3 Legal Precedents

Calthrop-v-Pine Rivers Shire Council 1980 5ff

Zieta-v-Gold Coast City Council 1987 2ff

Sabdoen-v-Council Shire of Redland 1989 2ff

Pty. Ltd.

Crown-v-Murphy and Another 1990 11ff

(Mon Repos beach turtle rookery)

IV/21/4 Local Government Court Rules 1966 6ff

Criteria for Granting Special Leave to 1989 6ff

Appeal (Judiciary Act 1903)

SERIES 22

Series No. : 22

Series Title : Local Government Court Appeal: Correspondence

Date Range : 1989

Quantity : 1.25cm

Summary:

This series consists of correspondence between the solicitors for the appellant (Boulton Cleary and Kern) and the solicitors for the respondents (Cannan and Peterson for Magnetic Key Ltd, Townsville City Council Solicitor for the Townsville City Council) generated during the course of the appeal.

 

ITEM LIST SERIES 22

Local Government Court Appeal:

Correspondence

Item No. Item Title Date Quantity

Range

IV/22/1 Correspondence between the solicitors for 1989 1.25cm

the appellant and the solicitors for the

respondents.

SERIES 23

Series No. : 23

Series Title : Local Government Appeal: Subject Files

Date Range : 1899-1989

Quantity : 1cm

Summary:

This series consists of two files containing material relating to the Local Government Appeal. File Number IV/23/1 contains information on back-up quarries approved in Nelly Bay and Cockle Bay. File Number IV/23/2 contains do cuments relating to the problem of the road abutting Bright Point.

The quarrying of Bright Point for breakwall rock was delayed due to the Local Government Court appeal. The developers obtained approval to quarry an area of upper Kelly Street, Nelly Bay and an area before the turn-off to Cockle Bay. This allowed the construction of the breakwall to continue. After judgment was delivered on 10 November 1989, the quarrying of Bright Point began.

The hotel site at Bright Point, adjacent to the marina area, was illegally zoned 'Tourist Facilities' by the Townsville City Council in January 1989. The Town Planning By-Laws at the time stated that a principal road must service an hotel site. The road leading to Bright Point was a narrow road bounded by freehold properties and the sea. The Council dealt with this problem by changing the by-law in November 1989.

ITEM LIST SERIES 23

Local Government Court Appeal: Subject Files

Item No. Item Title Date Quantity

Range

IV/23/1 Quarries: Nelly Bay and Cockle Bay to Apr-May 1989 .5cm

provide Rock for Magnetic Quay Breakwall

IV/23/2 Documents Relating to Road, Bright 1899-1989 .5cm

Point, Nelly Bay

SERIES 24

 Series No. : 24

Series Title : Local Government Court Appeal : Security for Costs Hearing

Date Range : 1989-1990

Quantity : .5cm

Summary:

This series consists of two files containing material relating to the Security for Costs hearing. File IV/24/1 contains the court documents relating to the Security for costs application and IV/24/2 contains the transcript of the hearing.

 On 22 December, 1989, an appeal was lodged in the supreme court on grounds of bias and misconduct on the part of the judge.

Since it appeared that the appellant would not be able to pay costs if the appeal to the Full Court were dismissed, the respondents applied to have their estimated costs provided in advance.

Judge Row, on 8 February 1990, ordered that the application be dismissed, as the appellant had paid the required $500 Security for Costs and stated that to order further security would prejudicially affect the appellant. Judge Ro w felt that the appeal raised substantial points relating to public confidence in the administration of law.

 

ITEM LIST SERIES 24

Local Government Court Appeal

Security for Costs Hearing

Item No. Item Title Date Quantity

Range

IV/24/1 Court Documents relating to Security for 1989-1990 .5cm

for Costs hearing

IV/24/2 Transcript of Security for Costs hearing Feb 1990 19ff

Top of Page

SERIES 25

Series No. : 25

Series Title : Supreme Court Appeal: Court Documents

Date Range : 1989-1990

Quantity : 9cm

Summary:

This series consists of court documents relating to the Supreme Court appeal heard on

10 May, 1990. The appeal was dismissed on 26 July, 1990.

 

ITEM LIST SERIES 25

Supreme Court Appeal

Court Documents

Item No. Item Title Date Quantity

Range

IV/25/1 Appeal Record Vol. 1 - 1989-1990 2cm

Local Government Court Appeal No. 10 of

1989 Court documents

IV/25/2 Appeal Record Vol. 2 - 1983-1989 3cm

Copy of Exhibit 31 (Newspaper Clippings) -

tendered Local Government Court Appeal

IV/25/3 Notice of Motion Mar 1990 2ff

IV/25/4 Affidavit: A.J. Mooney Mar 1990 4ff

IV/25/5 Affidavit: I.B. Walker Mar 1990 1cm

 

A. Notice of Appeal Dec 1989

B. File Memo Jun 1989

C-G. Correspondence Nov-Dec. 1989

H. Order, Local Government Re Costs Dec 1989

I-J. Affidavits: J.A. Walkden Dec 1989

K. Note By Judge's Clerk Dec 1989

L. Correspondence Jan 1990

M. Affidavit: J.A. Cathcart Jan 1990

N. Affidavit: M.P. Comino Feb 1990

O. Reasons for Judgment - Row Feb 1990

P-R. Correspondence Feb 1990

S. Notice of Motion Mar 1990

IV/25/6 Affidavit: P. McLean Mar 1990 2ff

IV/25/7 Notice of Motion Mar 1990 3ff

IV/25/8 Affidavit: M. Comino - Attachments - Mar 1990 .75cm

 

A. Notice of Appeal Dec 1989

B. Judgment, Judge Wylie Nov 1989

C. Correspondence Jan 1990

D. Correspondence Jan 1990

E. Correspondence Feb 1990

F. Affidavit: J. Cathcart Jan 1990

G. Correspondence Feb 1990

H. Transcript (Cathcart) Feb 1990

I-M. Correspondence Feb 1990

N. Correspondence Mar 1990

IV/25/9 Affidavit: D. Barbagallo Mar 1990 5ff

IV/25/10 Affidavit: J. Walkden Exhibits Mar 1990 10ff

 

A. Letter Mooney to Cathcart Oct 1989

B. Newspaper Article (27/11/89) Nov 1989

C. Computer Print Out (24/11/89) Nov 1989

IV/25/11 Order of Supreme Court Mar 1990 4ff

IV/25/12 Judgment and Reasons for Judgment Jul 1990 15ff

IV/25/13 Bill of Costs for Taxation Aug 1990 .4cm

SERIES 26

Series No. : 26

Series Title : Supreme Court Appeal: Related Documents

Date Range : 1972 to 1989

Quantity : 2.5cm

Summary:

This series consists of files containing statements, submissions, advices, precedents and correspondence relating to the Supreme court appeal.

Also included, the Supreme Court Rules pertaining to appeals and new trials.

 

ITEM LIST SERIES 26

Supreme Court Appeal:

Related Documents

Item No. Item Title Date Quantity

Range

IV/26/1 Statements: M. Drew, J. Walkden, 1989-1990 12ff

C. McColl, S. Dickson

IV/26/2 Submissions: J. Walkden, Townsville City May 1990 6ff

Council, Magnetic Keys Ltd.

IV/26/3 Advices: M. Drew, P. Larkin 26ff

IV/26/4 Precedents: 1972-1989 .5cm

1. City of St. Kilda-v-Evindon Pty. Ltd. Nov 1989

2. Tahmindjis-v-Brown May 1985

3. Magistrates' Court at Lilydale; Aug 1972

ex parte Ciccone

IV/26/5 Solicitors' correspondence relating to 1989-1990 .5cm

Supreme Court appeal

IV/26/6 Supreme Court Court Rules pertaining to 1989 23ff

appeals and new trials

Top of Page

SERIES 27

Series No. : 27

Series Title : High Court of Australia: Appeal Application

Date Range : 1990

Quantity : 10ff

Summary:

This series consists of the Court Rules governing the High Court application for 'Special Leave to Appeal' and the correspondence relating to the appeal application.

 

ITEM LIST SERIES 27

High Court of Australia:

Appeal Application

Item No. Item Title Date Quantity

Range

IV/27/1 Correspondence relating to Appeal Aug 1990 5ff

Application

IV/27/2 High Court Rules 'Special Leave to 1990 5ff

Appeal'

SERIES 28

Series No. : 28

Series Title : Minutes of Island Voice and Island Voice Association Inc

General Meetings

Date Range : 1988-1993

Quantity : 4cm

Summary:

This series consists of a volume and a file of minutes of the general and annual general meetings of Island Voice and Island Voice Association Inc.

The constitution of Island Voice was accepted by the committee on 19 November 1988. The following committee members were elected:

Dr. Ian Dickson Chairman

Liz Owen Secretary

Jo Wieneke Treasurer

Graham Wieneke Committee Members

Andy Frost

Ann Poulsen

Issues discussed at the general meetings include: displays, fundraising, the constitution, letters requesting reconsideration of decision, Magnetic Island Advisory Committee, Florence Bay, correspondence, treasurer's reports, legal adv ice, incorporation, Magnetic Island management plan, rezoning, horses in Horseshoe Bay, Radical Bay, annual reports, application to the Administrative Appeals Tribunal, a safe Island harbour, mayoral election, anthropological/archaeological issues, recyc ling, legal aid, sewage treatment, audit reports, Focus 2000, Engineering on Coral Reefs conference and North Queensland Conservation Council reports.

The committee elected on 4 August 1990 was:

Dr. Ian Dickson President

Ted Chinn Vice President

Liz Owen Secretary

Rosemary Burgess Treasurer

Andy Frost Committee Members

Del Turnbull

and on 5 September 1992 was: Charlie McColl President

Ted Chinn Vice President

Julia Walkden Secretary

Caroline Tointon Treasurer

Andy Frost Committee Member

Two committees of Island Voice existed prior to November 1988. Bob Johnson and Graham Wieneke were the Chairmen between 1986 and 1988. No minutes were kept for this period. See file IV/30/18 for papers relating to this period.

 

ITEM LIST SERIES 28

Minutes of Island Voice and Island Voice Association Inc General Meetings

 

Item No. Item Title Date Quantity

Range

 

IV/28/1 Minutes of Island Voice General Meetings 1988-1990 3cm

November 1988 -

(Includes first annual report)

IV/28/2 Minutes of Island Voice General Meetings. 1989-1993 1cm

(Includes annual reports)

Top of Page

SERIES 29

Series No. : 29

Series Title : Minutes of Island Voice and Island Voice Association Inc

Committee Meetings

Date Range : 1988-1992

Quantity : 3cm

Summary:

This series consists of the minutes of the executive committee meetings of Island Voice and Island Voice Association Inc.

The Committee first met on 27 November 1988. Those committee members present were: Dr. Ian Dickson, Mr. Andy Frost, Mr. Graham Wieneke, Mrs. Jo Wieneke, Ms. Liz Owen, Ms. Ann Poulsen and Mr. John Paterson.

The minutes include discussions relating to: displays, finances, roles of committee members, the Magnetic Island Advisory Committee, incorporation, rezoning of Bright Point, the Island management plan, application to the Administrative Appeals Tribunal, the Aboriginal community, donations, fund raising, legal aid and rehabilitation of Bright Point.

 

ITEM LIST SERIES 29

Minutes of Island Voice and Island Voice Association Inc Committee Meetings

Item No. Item Title Date Quantity

Range

IV/29/1 Minutes of Island Voice Committee 1988-1990 2cm

Meetings. November 1988 -

IV/29/2 Minutes of Island Voice Association Inc. 1990-1992 1cm

Committee Meetings.

SERIES 30

Series No. : 30

Series Title : Island Voice Incorporated Association: Subject Files

Date Range : 1982-1993

Quantity : 57cm

Summary:

This series consists of information collected and correspondence generated by Island Voice from 1982 to 1993.

 

ITEM LIST SERIES 30

Island Voice Incorporated Association: Subject Files

Item No. Item Title Date Quantity

Range

IV/30/1 Acts and Regulations: 1975 to 1987 1cm

(Administrative Appeals Tribunal Act 1975

Administrative Decisions (Judicial Review)

Act 1977

Environment Protection (Impact of Proposals)

Act 1974

Great Barrier Reef Marine Park Act 1975

Great Barrier Reef Marine Park Regulations

1987)

IV/30/2 Advance Magnetic Island Association Mar 1989 5ff

(AMIA)

(Constitution and notes on first General

Meeting)

IV/30/3 Archaeology / Anthropology 1988-1989 1cm

(Correspondence, Newspaper clippings)

IV/30/4 Archaeology / Anthropology (Reports) 1988 - 1989 1.25cm

IV/30/5 Attorney General's Department 1991-1992 3cm

(Correspondence and document obtained

under Freedom of Information Act)

IV/30/6 Australian Democrats 1991-1992 .25cm

(Questions in Senate)

IV/30/7 Bright Point Development 1982 7ff

(Pre-Magnetic Quay)

IV/30/8 Bolger Bay Quarry, Magnetic Island 1987 11ff

Local Government Court Appeal

No. 5 of 1987

IV/30/9 Coastal Protection Legislation 1991-1993 1cm

(Draft Coastal Protection Bill;

Green Paper - Coastal Protection Strategy)

IV/30/10 Code of Environmental Practice, Magnetic Jul 1989 .25cm

Quay Marina Development, and comments

IV/30/11 Correspondence, miscellaneous 1986-1993 1cm

IV/30/12 Department of the Arts, Sport, the 1986-1993 2cm

Environment, Tourism and Territories

(DASETT), now Department of the

Environment and Territories - Correspondence

IV/30/13 Engineering Reports:

Magnetic Quay Jul 1991 4ff

Magnetic Quay Aug 1991 11ff

Radical Bay Jul 1989 9ff

IV/30/14 Florence Bay: Save Florence Bay 1988-1991 1.25cm

Campaign and Management Plan

IV/30/15 Great Barrier Reef Marine Park Authority: 1986-1992 3cm

Correspondence

IV/30/16 Great Barrier Reef Marine Park Authority 2cm

- Documents obtained under Freedom of

Information Act 1987-1992

- Legal advice 1987-1989

- Draft zoning plan summary 1992

IV/30/17 Insurance: Magnetic Quay Project Jul 1989 5ff

IV/30/18 Island Voice, Meetings 1986-1988 .25cm

IV/30/19 Island Voice's Secret 28 Oct 1989 14ff

IV/30/20 Lands, Department of 1986-1993 .5cm

(Correspondence and documents

obtained under Freedom of Information Act)

IV/30/21 Leases 1985-1993 11ff

IV/30/22 Letters to Editor and media 1986-1993 .75cm

IV/30/23 Linkon Correspondence 1987-1989 2cm

(Documents found at Magnetic Island

rubbish dump)

IV/30/24 Linkon / Magnetic Quay media releases 1988 .25cm

and advertising brochures

IV/30/25 Local Government, Department of 1988-1990 17ff

Correspondence

IV/30/26 Local Government (Planning and 1990 .75cm

Environment) Bill

IV/30/27 Magnetic Island Advisory Committee 1988-1992 2cm

Minutes of Meetings

IV/30/28 Magnetic Island Concept Plan for Apr 1988 .5cm

Tourism Development

IV/30/29 Magnetic Island Development Control Aug 1993 .5cm

Plan

IV/30/30 Magnetic Island Management Plan Oct 1990 3cm

IV/30/31 Magnetic Keys Ltd. Company searches 1993 1cm

IV/30/32 Magnetic Keys Ltd. Report as to Affairs Jun 1991 1.5cm

IV/30/33 Media Releases 1988-1991 .5cm

IV/30/34 Mediation 1993 .75cm

IV/30/35 Miscellaneous articles 1986-1991 1cm

IV/30/36 Monitoring Program Magnetic Quay 1988-1990 1cm

Project

IV/30/37 Newsletters 1988-1989 7ff

IV/30/38 Nomination of "Our Island Home" for Jul 1989 15ff

listing on Register of National Estate

IV/30/39 Permits, deeds Magnetic Quay Project 1988-1993 1cm

IV/30/40 Petitions c. 1986 1cm

IV/30/41 Politicians, correspondence 1986-1992 2.5cm

IV/30/42 Queensland Department of Environment 1986-1993 .5cm

and Heritage

IV/30/43 Queensland Environmental Law May 1993 1.5cm

Association Conference

IV/30/44 Resource Assessment Commission 1991-1993 2cm

Coastal Zone Inquiry

IV/30/45 Senate Standing Committee Inquiry into 1988-1992 3cm

the tourism industry and its impacts on

the Australian environment

 IV/30/46 Shark World VCL Lease 1990-1992 .25cm

IV/30/47 Submissions: Island Voice 1988-1993 1.5cm

IV/30/48 Townsville City Council Correspondence 1990-1991 1.5cm

IV/30/49 Townsville City Council Correspondence 1989 2cm

IV/30/50 Townsville City Council Correspondence 1988 1cm

IV/30/51 Townsville City Council Correspondence 1982-1987 1.5cm

IV/30/52 Townsville Port Authority Harbour 1991-1992 .5cm

harbour dredging

IV/30/53 Whitehouse Review Magnetic Quay 1991-1992 5cm

Project

IV/30/54 World Heritage Magnetic Island nd .5cm

Top of Page

SERIES 31

Series No. : 31

Series Title : Island Life Community Newsletter, Community

Newsletter, Magnetic Community News

Date Range : 1989-1993

Quantity : 29cm

Summary:

The Island Life Community Newsletter was first published on 31 August 1989 as a newsletter for Magnetic Island residents and visitors. It was published and distributed by Island Life Pty Ltd in Nelly Bay. In 1989 the newsletter cha nged its name to the Community Newsletter and in 1990 to Magnetic Community News. It was then published by Janfront Holdings Pty Ltd. All three newsletters provided support for the Magnetic Quay development.

Issues covered in the newsletters include: the pilots' strike, ferries to the Island, Lions Club activities, gardening notes, sports' news, news from the Advance Magnetic Island Association, school notes, meetings, neighbourhood watch, letters to the editor, President's reports of the Advance Magnetic Island Association, registration of new business name, Queensland national parks, police reports, reports from Council, writers' group, rally in support of Magnetic Quays, water supply, Magnetic Island survey, Magnetic Island management plan, Latitude 19, Rediscovery Weekend, Picnic Bay jetty, Project 1000, Cyclone Joy, Mandalay Guest House, Radical Bay, koala research, expressions of interest document for the Magnetic Quay project and town plan.

 

ITEM LIST SERIES 31

Island Life Community Newsletter, Community Newsletter,

Magnetic Community News

Item No. Item Title Date Quantity

Range

IV/31/1 Island Life Aug - Oct 1989 1cm

IV/31/2 Community Newsletter Oct - Dec 1989 1.5cm

IV/31/3 Community Newsletter and Magnetic Jan - Jun 1990 4cm

Community News

IV/31/4 Magnetic Community News Jul - Dec 1990 3.5cm

IV/31/5 Magnetic Community News Jan - Jun 1991 3.5cm

IV/31/6 Magnetic Community News Jul - Dec 1991 4cm

IV/31/7 Magnetic Community News Jan - Jun 1992 3cm

IV/31/8 Magnetic Community News Jul - Dec 1992 3.5cm

IV/31/9 Magnetic Community News 1993 5cm

SERIES 32

 Series No. : 32

Series Title : The Magneto

Date Range : 1987 - 1993

Quantity : 29cm

Summary:

The Magneto is a community newsletter for residents of Magnetic Island which was first issued in 1987. It is printed and published by Magneto Print in Horseshoe Bay. The stance taken by the newsletter in relation to Magnetic Quays is one of opposition to the proposed development.

The newsletter includes: editorials, reports on the Magnetic Quays development, Sports and Recreation Club news, ambulance news, golf club activities, local advertisements, the Island ferries, the Magnetic Island Advisory committee mee tings, Bolger Bay quarry, letters to the editor, safety house programme, Island Voice Committee reports on Magnetic Quays, rainbow lorikeets, Nelly Bay State Primary School News, mackerelama fishing festival, drug control, bore water, Maggie awards, Cycl one Charlie, rediscovery weekend, Magnetic Island Management Plan, dugongs, curlews, Florence Bay, safe water harbour at Picnic Bay, dredging of Townsville harbour, Aboriginal issues, Clean Up Australia campaign, Clean Up the World campaign, sisal eradic ation on Magnetic Island, rehabilitation of Bright Point, feral cat problem, control burning by National Parks, Magnetic Island Community Centre, roads, Cockle Bay quarry, Shark World lease, and the draft Development Control Plan for Magnetic Island.

 

ITEM LIST SERIES 32

The Magneto

Item No. Item Title Date Quantity

Range

IV/32/1 The Magneto Jul - Dec 1987 2.5cm

IV/32/2 The Magneto Jan - Jun 1988 2.5cm

IV/32/3 The Magneto Jul - Dec 1988 2.5cm

IV/32/4 The Magneto Jan - Jun 1989 2cm

IV/32/5 The Magneto Jul - Dec 1989 2.5cm

IV/32/6 The Magneto Jan - Jun 1990 2cm

IV/32/7 The Magneto Jul - Dec 1990 2.5cm

IV/32/8 The Magneto Jan - Jun 1991 2.5cm

IV/32/9 The Magneto Jul - Dec 1991 2.5cm

IV/32/10 The Magneto Jan - Jun 1992 2cm

IV/32/11 The Magneto Jul - Dec 1992 2.5cm

IV/32/12 The Magneto Jan - Jun 1993 2cm

IV/32/13 The Magneto Jul - Oct 1993 1cm

Top of Page

SERIES 33

Series No. : 33

Series Title : Quay News

Date Range : 1989

Quantity : 9ff

Summary:

`Quay News' was a community newsletter for residents of Magnetic Island which was published by Magnetic Keys Pty. Ltd., developers of the Magnetic Quay Resort at Nelly Bay. It was edited by Vivienne Forsyth of Newton's and printed by Willmetts Printers and Stationers of Townsville.

The newsletter contained information about the development of the Magnetic Quay Resort and articles about Magnetic Island and the people who lived there.

 

ITEM LIST SERIES 33

Quay News

Item No. Item Title Date Quantity

Range

IV/33/1 Quay News (4 issues. Located in Apr - Dec 1989 9ff

oversized document folder 3)

SERIES 34

Series No. : 34

Series Title : Newspaper clippings relating to Nelly Bay

Date Range : 1969 - 1993

Quantity : 13cm

Summary:

The series consists of newspaper clippings, arranged chronologically, relating primarily to the Magnetic Quays development. Other environmental issues are included occasionally.

(See the chronicle of events in the Nelly Bay Archives Guide to determine which year covers a particular event).

 

ITEM LIST SERIES 34

Item No. Item Title Date Quantity

Range

IV/34/1 Newspaper clippings 1969; 1982-1986 1969-1986 18ff

(Early development plan, advertisements,

Council approval, environmental impact

statement, Mediterranean Village, Thiess,

Impact Assessment Study, Dr. Joseph Reser,

rezoning refusal)

 

IV/34/2 Newspaper clippings 1986 1986 1.5cm

(Tourism, protest meeting, letters to

editor, public notice, objectors form

committee, proposed plan, support for

plan, Florence Bay, erosion, Magnetic

Islanders Speak Out advertisement)

 

IV/34/3 Newspaper clippings 1987 1987 1.5cm

(Hayles ferry services, protest signs,

Alderman Burreket, Magnetic meeting,

Florence Bay, pineapple crop, quarry,

lorikeets, monorail, floating hotel, Kerry

Packer, Latitude 19)

IV/34/4 Newspaper clippings 1988 1988 2.5cm

(Rezoning, Picnic Bay, greenhouse effect,

Marina Village, letters to the editor,

artefacts, archaeological survey, Kerry

Packer, marina oversupply, Public

Environment Report, floating hotel,

Fantasy Island, Peter Valentine, expo,

residents' protest, Magnetic Quay

approved, Barrier Reef, Magnetic Island

Management Plan, open letter to the people

of Townsville)

IV/34/5 Newspaper clippings 1989 1989 2.5cm

(oversize document folder 3)

(Floating Hotel, letters to editor, Interwest,

Magnetic Quay thankyou advertisement,

zoning, sacred trees, Essington Developments,

Aboriginal protest, Florence Bay, QTTC

Concept plan, Advance Magnetic Island

Association, koalas, mayoral by-election,

local government court appeal, sewerage,

Council by-laws, Quays delay, cartoons,

Pro-Magnetic Quays advertisement and

rally, stay order, Quintex, Interwest, appeal

dismissal, blasting Bright Point,

environmental studies)

IV/34/6 Newspaper clippings 1990 1990 1.5cm

(oversize document folder 3)

(Interwest, cartoons, Oyster Point, blasting,

Magnetic Island Management Plan, stay of

work application, seaview gardens, tourism,

Kern Corporation, security of costs

hearing, Lakes development, pilots' dispute,

AAT withdrawal, aquarium, waste disposal,

high rise, Theiss, Watkins White, leak in

breakwater, dredge, Supreme Court appeal,

Tricontinental, receivership)

IV/34/7 Newspaper clippings 1991 1991 .5cm

(State Bank of Victoria, foreign investor,

letters to editor)

IV/34/8 Newspaper clippings 1992-1993 1992-1993 .5cm

(Criminal Justice Commission investigation,

Nelly Bay inquiry, Whitehouse report,

insurance, letters to editor, Quays permit)

IV/34/9 Newspaper clippings (undated) n.d. .5cm

Top of Page

SERIES 35

Series No. : 35

Series Title : Scrapbooks

Date Range : 1980 - 1991

Quantity : 14cm

Summary:

The series consists of scrapbooks containing newspaper clippings, letters, plans, senate questions and bills, which are arranged chronologically and relate to Magnetic Island and tourism in Queensland.

(See the chronicle of events in the Nelly Bay Archives Guide to determine which year covers a particular event).

 

ITEM LIST SERIES 35

Scrapbooks

Item No. Item Title Date Quantity

Range

IV/35/1 Newspaper clippings 1980 1980 1.5cm

(Hayles, tourism, Cairns, Flinders Mall, Pacific

Festival, fishing fleet, helipad)

Oversize document folder number 3

IV/35/2 Magnetic Quay 1984-1986 1984-1986 2.5cm

(Construction, rezoning, survey, proposed plan,

opponents/supporters, cartoons, letters to editor,

Florence Bay, erosion, advertisements, impact

assessment study, Magnetic Keys development

plan)

IV/35/3 Magnetic Island 1987 1987 .5cm

(Plans, senate question, senate bill, Radical Bay,

Kerry Packer)

IV/35/4 Magnetic Quay 1988 1988 2cm

(Rezoning, letters to the editor, launch of

project, plans, tourism, artefacts, cartoon,

letters, excavation, Florence Bay, Magnetic

Island Management Plan Project brief, Citizens

Development Association, pollution)

IV/35/5 Magnetic Quay 1989 1989 2.5cm

(Zoning plan, guesthouse, real estate, ethics,

QTTC report, Florence Bay, sacred trees,

Aboriginal protest, aquarium, Advance Magnetic

Island Association, sewerage, erection of fence,

Rowes Bay)

IV/35/6 Magnetic Quay 1989 1989 2.5cm

(Interwest, green movement, stay order,

interview Peter McLean)

IV/35/7 Magnetic Quay 1991 1991 2.5cm

(Quintex, Adsteam, Rothwells, artefacts,

GBRMPA, Quay walls, Bolger Bay, Florence

Bay, Bowen, Floating Hotel, reef, Cardwell,

South Townsville, high rise, sewerage)

IV/35/8 Magnetic Quay 1991 1991 1cm

(Spaceport, letters to editor, Yabulu, sewerage,

Quays review)

Top of Page

SERIES 36

Series No. : 36

Series Title : Publications

Date Range : 1985-1993

Quantity : 20.5cm

Summary:

This series consists of publications collected by Island Voice. They relate to such issues as coral, Halifax Bay, tourism, dispute resolution, zoning of the Great Barrier Reef, the greenhouse effect, effects of development, express ions of interest in the Magnetic Quay project, impact assessment, environmental law conference, town planning and recycling.

Also refer to the Great Barrier Reef Marine Park Authority Library for conference papers, 'Engineering in Coral Reefs', 1991 and 1993.

 

ITEM LIST SERIES 36

Publications

Item No. Item Title Date Range Quantity

IV/36/1 Australian Coral Reef Society Aug 1988 .5cm

1988, Newsletter No 8

IV/36/2 Boncourt Holdings Pty Ltd 1989 1cm Investment Opportunity

"Secret Harbour" Halifax

North Queensland

IV/36/3 Boncourt Holdings PtyLtd 1989 .5cm

Townsville Convention Centre

Preliminary report and cash flows

IV/36/4 Michael Burns and Associates n.d. .5cm

The environmental impacts of travel

and tourism., prepared for the Industries

Assistance Commission

IV/36/5 Dispute resolution seminar 1990 .5cm

IV/36/6 Great Barrier Reef Marine Park 1985 1cm

Central Section Zoning Plan

Public review

IV/36/7 Great Barrier Reef Marine Park 1987 .5cm

Central Section Zoning Plan

IV/36/8 Great Barrier Reef Tourism, 1988 1.5cm

T Hundloe, R Newmann and

M Halliburton

IV/36/9 The Greenhouse effect and its Mar 1989 1cm

implications for the Brisbane City

Council

IV/36/10 Our country our future, statement on Jul 1989 .5cm

the environment, the Hon RJL Hawke

A.C., Prime Minister of Australia

IV/36/11 Combined jurisdiction for Feb 1990 .75cm

development appeals in the

states and territories, BRM Hayes QC

and CL Trenorden

IV/36/12 Herron Todd White Valuers Property Jul 1989 6ff

Report

IV/36/13 Herron Todd White Valuers Property Dec 1988 .5cm

Report

IV/36/14 List of Works, abridged list of 1986 4ff

representative works to June 1986

IV/36/15 Special report, preliminary study of n.d. 1cm

a tourism development strategy in

Townsville, prepared for the Townsville

City Council, Town Planning Department,

DJ Lowseck

IV/36/16 Magnetic Quay, Expression of Interest 1993 .5cm

document

IV/36/17 Coral reef management: Environmental Sept 1991 1cm

Impact assessment techniques currently

applied to the Great Barrier Reef

IV/36/18 Nelly Bay, Magnetic Island, North 1991 1cm

Queensland, a study of the historical

landscape and environment

IV/36/19 Paper on local government and the 1989 .5cm

Australian tourist industry with

particular reference to environmental

factors

IV/36/20 Queensland Environmental Law May 1993 1.5cm

Association 1993 Annual Conference,

papers

IV/36/21 Current requirements for impact n.d. .5cm

assessment of property developments

in Queensland, T Scanlan

IV/36/22 A submission concerning proposals 1989 .5cm

to import nickel containing ore

through the Halifax Bay facility

IV/36/23 Tourism, a global industry, the benefits 1987 .5cm

to Queenslanders

IV/36/24 Tourism news update Aug 1988 8ff

IV/36/25 Town planning n.d.

IV/36/26 Townsville Chamber of Commerce 1988 28ff

1987 - 1988 Year Book

IV/36/27 Townsville City Council, recycling Apr 1990 20ff

discussion paper

IV/36/28 Regional Tourism Development Jul 1991 2.5cm

Concept Plan for Townsville and

Environs, final report, Kinhill Cameron

McNamara

IV/36/29 Townsville/Whitsunday Marine Park, Oct 1987 .5cm

Zoning Plan

Top of Page

SERIES 37

Series No. : 37

Series Title : Ephemera

Date Range : c 1980s

Quantity : 5cm

Summary:

The series consists of brochures, pamphlets, newsletters, maps, press posters and T shirts relating to Magnetic Quay, resorts on Magnetic Island, the Great Barrier Reef, Townsville, and conservation issues.

 

ITEM LIST SERIES 37

Ephemera

Item No. Item Title Date Quantity

Range

IV/37/1 Brochures c 1980s 1cm

(Beaches, bush to beach recreation areas,

Floating Hotel, Florence Bay, coastal zone,

Magnetic Island Management Plan, Magnetic

Keys, noise, North Queensland Conservation

Council, northern statistical division, permit

application, public environment report)

IV/37/2 Logos - Island Voice n.d. 2ff

IV/37/3 Posters / publicity material A - L c 1980s .5cm

(oversize document folder no. 3)

(Tony Burreket, Florence Bay, Great Barrier

Reef, Greenhouse Conference, Giraffe project,

Latitude 19)

IV/37/4 Posters/publicity material Magnetic Island c 1980s .5cm

(oversize document folder no. 3)

(Magnetic Keys posters, Linkon, 14 reasons

booklet, management plan, National Park,

auction review, rally, fence)

IV/37/5 Posters / publicity material N - Z c 1980s 18ff

(oversize document folder number 3)

(Environmental law conference, systems review,

Reeflections, Joy Rutledge)

IV/37/6 Press posters 1989 5ff

(oversize document folder no 3)

IV/37/7 Stickers - Florence Bay c 1980s 2ff

IV/37/8 T shirts - Save Nelly Bay 1988 2

SERIES 38

Series No. : 38

Series Title : Photographs

Date Range : Mid-1980's to 1993

Quantity : 119 Photographs, related contact prints and negatives

Summary:

Series 38 consists of photographs collected by Island Voice since construction on the

Magnetic Quay project commenced in 1989. The series includes photographs of Nelly Bay before and after Magnetic Quay, photographs of the Nelly Bay fringing reef in the access channel/island breakwall area before dredging and constructi on of the island breakwall commenced, installation of the sheet piling, construction of the marina and island breakwalls, effects of flooding on the project and adjacent areas, demolition of 'Our Island Home" and various events related to the Magnetic Qu ay project.

There are colour prints, contact prints and negatives. Where the photos, contacts and negatives are the same, the same IV/38 number has been used. If there is no negative for the colour photographs this is stated on the back of t he photograph.

 These photographs were taken by M Watson, J Walkden, S and S Crowe, T Done, E Illes and others.

Refer also Series 20, Local Government Court Exhibits for additional photographs.

 

ITEM LIST SERIES 38

Photographs

Item No. Item Title Date Range

IV/38/1 Nelly Bay before Magnetic Quay mid-1980's

IV/38/2 Bright Point from Boulder Court "

IV/38/3 View from Bright Point to beach "

IV/38/4 Hoop pines on Bright Point "

IV/38/5 Bright Point "

IV/38/6 Bright Point, aerial view Magnetic Quay project area

IV/38/7 Bright Point, project area "

taken from knoll above Nelly Bay

IV/38/8 Abandoned Magnetic Quay project Jul 1993

taken from knoll above Nelly Bay

IV/38/9 Playground removed to make way early 1989

IV/38/10 for machinery and offices

IV/38/11 Aboriginal flag-raising over Feb 1989

IV/37/12 site of artefact scatter

IV/38/13 Test hole in reef flat Aug 1989

IV/38/14 " " " "

IV/38/15 Archaeological investigations Aug 1989

IV/38/16 " "

IV/38/17 " "

IV/38/18 Clearing Bright Point, Photo 1, montage Aug 1989

IV/38/19 " " " , Photo 2, montage

IV/38/20 " " " , Photo 3, montage

IV/38/21 " " " , Photo 4, montage

IV/38/22 Stockpiled sheet piling, Nelly Bay Aug 1989

IV/38/23 Start of wall of sheet piling Aug 1989

IV/38/24 Sheet piling, main breakwall Sept 1989

Photo 1 of montage

IV/38/25 Photo 2 of montage

IV/38/26 Coral bommies, reef flat, sheet piling Sept 1989

IV/38/27 Leveling sheet piling Sept 1989

IV/38/28 Installation sheet piling Sept 1989

IV/38/29 Breakwall construction begins Oct 1989

rock from Cockle Bay quarry

IV/38/30 Early breakwall construction Oct 1989

Photo 1 of montage

IV/38/31 Photo 2 of montage

IV/38/32 Photo 3 of montage

IV/38/33 Photo 4 of montage

IV/38/34 Core material, main breakwall Nov 1989

IV/38/35 Breakwall culvert construction Sept 1989

IV/38/36 " " "

IV/38/37 " " "

IV/38/38 " " "

IV/38/39 " " "

IV/38/40 Finished culvert prior to covering Dec 1989

Photo 1 of montage

IV/38/41 Photo 2 of montage

IV/38/42 Flood-damaged breakwall culvert Mar 1990

IV/38/43 " " "

IV/38/44 " " "

IV/38/45 Upper Kelly Street quarry Oct 1989

IV/38/46 " " "

IV/38/47 " " "

IV/38/48 Start of island breakwall Oct 1989

IV/38/49 " " " "

IV/38/50 " " " "

IV/38/51 Trucks carrying rock to breakwall " "

IV/38/52 Construction of island breakwall " "

IV/38/53 Core material, island breakwall " "

IV/38/54 Armour rock, island breakwall Oct 1989

IV/38/55 Truck, island breakwall " "

IV/38/56 Bulldozer, island breakwall " "

IV/38/57 Placement of armour rock, island breakwall " "

IV/38/58 Cockle Bay quarry, photo 1 of montage Oct 1989

IV/38/59 " " " , photo 2 of montage " "

IV/38/60 " " " , photo 3 of montage " "

IV/38/61 " " " , sorting grid " "

IV/38/62 " " " , sorting grid " "

IV/38/63 Bright Point quarry, sorting grid " "

IV/38/64 Excavation of Bright Point, sedimentation " "

pond and sorting grid, photo 1 of montage

IV/38/65 " " " " , photo 2 of montage " "

IV/38/66 Construction of sedimentation pond " "

IV/38/67 " " " " "

IV/38/68 Machinery and office compound Sept 1989

at old playground site

IV/38/69 Test blasting, Bright Point " "

IV/38/70 " " " " " "

IV/38/71 Removal of soil from Bright Point " "

IV/38/72 " " " " " " "

IV/38/73 Bright Point soil stockpile,

council depot " "

IV/38/74 " " " " " "

IV/38/75 Construction of culvert adjoining " "

Quay lease

IV/38/76 Attempted redirection of small Sept 1989

creek adjoining Quay lease

IV/38/77 Workers on culvert " "

IV/38/78 Demolition of `Our Island Home' " "

IV/38/79 " " " " " "

IV/38/80 Demonstration against project Oct 1989

IV/38/81 " " " " "

IV/38/82 Vehicle demolished by rock during Dec 1989

quarrying Bright Point

IV/38/83 Blasting, Bright Point Feb 1990

IV/38/84 Marina Breakwall, core material " "

Photo 1 of montage

IV/38/85 Photo 2 of montage

IV/38/86 Photo 3 of montage

IV/38/87 Sediment from project carried into Mar 1990

Marine Park, Nelly Bay, heavy rain

IV/38/88 Sediment carried into Geoffrey Bay " "

during heavy rain

IV/38/89 Silt curtain " "

IV/38/90 " " " "

IV/38/91 Installation second row of sheet Aug 1990

piling, attempt to stop leaks

IV/38/92 Installation second row of sheet Aug 1990

to piling, attempt to stop leaks

IV/38/103 Montage, photos 1 to 12, shows

machinery, construction process and

dewatering pumps

IV/38/104 Nelly Bay beach, looking North mid 1980's

IV/38/105 Nelly Bay beach, looking South " "

IV/38/106 Nelly Bay beach, erosion Sept 1990

IV/38/107 Nelly Bay beach, erosion Dec 1990

Photo 1 of montage

IV/38/108 Photo 2 of montage

IV/38/109 Coral bommies from access channel Jan 1991

IV/38/110 Sheet piling damage during flooding " "

IV/38/111 Breakwall during flood, high tides " "

IV/38/112 Cyclone season environmental safeguards Dec 1990

IV/38/113 " " "

IV/38/114 Abandoned pump site, photo 1 of montage " "

IV/38/115 " " " , photo 2 of montage

IV/38/116 For sale, Magnetic Quay development site Jun 1992

IV/38/117 Quay rally Sept 1992

IV/38/118 " " Sept 1992

ADDITIONAL CONTACT PRINTS AND NEGATIVES

IV/38/119 Abandoned machinery and office compound Jun 1993

IV/38/120 Montage of Bright Point from Nelly Bay lookout Mar 1990

IV/38/121 Magnetic Quay logo and slogan 1989

IV/38/122 Construction fence around project area Early 1989

IV/38/123 " " " " "

IV/38/124 Clearing of Bright Point Jun 1989

IV/38/125 Montage, Bright Point, breakwall pump ssite Aug 1990

IV/38/126 Montage, Bright Point quarry Aug 1990

IV/38/127 Montage, Magnetic Quay project Sept 1990

IV/38/128 Montage, Magnetic Quay project Early 1990

IV/38/129 Montage, close-up of quarried Bright Point Jan 1991

IV/38/130 " " " " " "

IV/38/131 Montage, construction second row sheet piling Aug 1990

showing machinery, construction method and

de-watering pumps

IV/38/132 Two montages, construction second row sheet piling Aug 1990

IV/38/133 Color photographs, Nelly Bay fringing reef, Sept 1989

IV/38/134 Black and white photographs, Nelly Bay fringing reef, Oct 1989

access channel and island breakwall area

Top of Page

Series No. : 39

Series Title : Video Tapes

Date Range : 1985 - 1993

Quantity : 2

Summary:

Series 39 consists of video taped recordings of TV interviews and programs featuring the Magnetic Quay project. Also included is a video of project site in Nelly Bay before work on the site commenced.

Refer: IV/2/33 (AAT T-document / T87), undertaken video of Nelly Bay fringing reef taken prior to dredging of access channel and construction of breakwalls. Taken by T. Done of Australian Institute of Marine Science.

Also refer to ABC, Channel 10 and WIN TV for additional coverage 1985 to 1994.

ITEM LIST SERIES 39

Video Tapes

Item No. Item Title Date Quantity

Range

IV/39/1 Video of Nelly Bay project site prior to Early 1989 1

construction, taken by Scott Maxwell.

IV/39/2 TV interviews / programs 1

7.30 Report c 1985

A Current Affair Early 1990

Channel 10 interview March 1993

SERIES 40

Series No. : 40

Series Title : Audio Tapes

Date Range : 1985 - 1993

Quantity : 12

Summary:

Series 40 consists of audio tapes of radio interviews concerning the NQ project. Issues such as the lack of rehabilitation insurance, environmental impact studies, how/why island voice was formed, pros and cons of project, talk bac k interviews, Alderman Cathcart's meeting with Judge Wylie, economics of project, Tricontinental investigation, quarrying of Bright Point, aboriginal viewpoint, sociological issues and the possible effects of stoppage of Quays are discussed.

 

ITEM LIST SERIES 40

Audio Tapes

Item No. Item Title Date Quantity

Range

IV/40/1 Side A: Discussion MQ project, how/ c 1985-1986 1

why Island Voice formed, by Bob

Johnson. Discussion environmental

impact studies by Adrian Jeffries.

 

Side B: Discussion pros/cons of MQ

project - Bob Johnson and Pat Savage.

IV/40/2 Side A: Interviews - Peter Linsay - c 1985-1986 1

"Why support the project". Bob

Johnson - "Why I'm against" and talk-

back interviews.

 

Side B: Talk-back interviews continued.

Poll results.

IV/40/3 Side A: PR man, David Semmler, North c 1985-1986 1

Barrier Holding discussing project.

 

Side B: Audio from 'Current Affair', c 1989-1990

Cathcart/Judge Wylie meeting,

rehabilitation insurance, economics, time

running out for developers.

IV/40/4 Side A: Bob Johnson regarding project, c 1985-1986 1

Pat Savage - promises.

 

Side B: MQ project EIS, petition,

protests, model, meeting between Judge

and Cathcart, Tricontinental investigation.

IV/40/5 Side A: Aboriginal viewpoint regarding c 1989 1

project.

 

Side B: Removal of wreck Presto, AAT

appeal, ferry operations for project.

IV/40/6 Side A: Effects of stopping project, audio c 1990 1

of NQTV interview, pros/cons of project.

Side B: TV interview continued, IV

withdrawal from AAT appeal.

IV/40/7 Australian Environment and Tourism 1992 1

Report.

IV/40/8 Whitehouse Report, rehabilitation 1992 1

insurance, FOI documents.

Top of Page

SERIES 41

Series No. : 41

Series Title : Criminal Justice Commission Investigation

Date Range : 1991 - 1994

Quantity : .5cm

Summary:

Series 41 consists of material relating to the investigation by the Queensland Criminal Justice Commission (CJC) of various allegations made by Julia Walkden.

These allegations concerned promises of money, donations of election funds and awarding of construction contracts to government officials and/or government bodies granting approvals to the Magnetic Quay project. Concerns were also rais ed regarding the meeting between Alderman Cathcart and Judge Wylie before the Local Government Court decision was handed down and the offer of money to the appellant by the developer as an inducement to drop the Appeal.

Refer: Criminal Justice Commission Act 1989

ITEM LIST SERIES 41

Criminal Justice Commission Investigation

Item No. Item Title Date Quantity

Range

IV/41/1 Correspondence 1991-1994 missing

IV/41/2 Criminal Justice Commission Report January 1994 4ff

IV/41/3 Newspaper clippings 1994

IV/41/4 Articles 1994

Refer also: ABC, Channel 10, and WIN TV for coverage.

 

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