HYPHENATED. NON-HYPHENATED. OH THE IRONY The Byron Shire Echo • Volume 39 #31 • January 8, 2025 • www.echo.net.au
Remote bush holiday Native title agreement celebrated letting shut down Paul Bibby
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holiday letting operation deep in the bush at Middle Pocket has been ordered to close its doors after a court found that the dwellings were unauthorised and not up to standard. The owners of Kinabalu Farm at 333 Skyline Road had been offering a range of basic, cabin-like dwellings to visitors since 2022, including a handmade treehouse known as ‘The Treepod’. Tucked deep in the bush and accessible only by four-wheel-drive, the accommodation was described by the owners as ‘the ultimate nature lovers and wilderness experience’. But late last year, Byron Shire Council took Kinabalu Farm to the NSW Land and Environment Court, alleging that five separate dwellings on the site were unauthorised and did not meet either building or
fire standards. Justice Nicola Pain found in favour of Council. On November 15, Justice Pain ordered that Kinabalu Farm immediately cease renting out or in any way using five unauthorised buildings on the site, including four cabins, and the Treepod. ‘The location of the property is in a heavily vegetated area, with limited access,’ Justice Pain said.
Four-wheel-drive only ‘The main usable road access is by four-wheel-drive only’. ‘There is a potentially serious environmental issue.’ Justice Pain also ordered that all advertising in relation to holiday letting of the dwellings be deleted immediately. Council was further given permission to inspect the property with 48 hours’ notice, to ensure ▶ Continued on page 2
From left: Tom Byrnes TBLALC Land and Sea Ranger; Byron Shire Mayor Sarah Ndiaye; Esmerelda Davis, acting General Manager of Byron Shire Council; Tom Phillips TBLALC Land and Sea Ranger; and Leweena Williams TBLALC CEO. Photo Jeff Dawson Aslan Shand
T
he Tweed Byron Local Aboriginal Land Council (LALC) is celebrating another big milestone in its 40th year, with the transfer of title of 3.79 hectares of the Sandhills precinct in Byron Bay to the Tweed Byron LALC by an Aboriginal Land Agreement (ALA). ‘We are extremely elated at the successful settlement and transfer of title at Sandhills from the NSW government to the Tweed Byron LALC,’ Chief Executive Officer of the Tweed Byron LALC, Leweena Williams, told The Echo.
New emergency precinct One of the unauthorised dwellings at Kinabalu Farm in Middle Pocket. Photo www.booking.com
The transfer is part of a broader $28 million emergency services precinct project at the Sandhills
site, which will house new Byron Bay Police and Byron Bay Fire and Rescue NSW stations. The Sandhills Estate covers about 13 hectares of land adjacent to Byron CBD, and is Crown land previously used for sand mining. Crown Lands, the NSW Aboriginal land Council, and Tweed Byron LALC have negotiated ALAs to settle outstanding Aboriginal land claims and interests on the Sandhills site. ‘3.79 hectares of the Sandhills site will transfer to the ownership of Tweed Byron Local Aboriginal Land Council, as well as the current police station site in Shirley Street, and current Fire and Rescue site in Kingsley Street,’ a NSW Crown Lands press release says. Ms Williams said, ‘This is a great example not only of collaboration,
but also of a land claim having outcomes beyond the land rights system for the wider community with the creation of a new emergency services precinct at Sandhills’. ‘In due course, Tweed Byron LALC will determine the appropriate use for this land, which has the potential to deliver social and economic outcomes for the Tweed Byron LALC, and the broader community of the Byron Shire.
Collaborative approach ‘I acknowledge the Tweed Byron LALC Board of Directors, the NSW Aboriginal Land Council, Byron Shire Council, Crown Lands and Emergency Services for their collaborative approach that has yielded successful ▶ Continued on page 3
How will a large 38-lot Can NSW Labor balance Bucketloads of Richard Jones: Howard-era subdivision affect development with Avoiding a Trumpist dodginess sunshiny summer Mullum’s traffic? ▶ p2 ecological destruction? ▶ p4 fun ▶ p20 nightmare ▶ p10 revealed ▶ p15
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