Oyster Point (Australia)

Oyster Point, protruding into the Hinchinbrook channel (right), viewed from Cardwell. The mountains on the left are Hinchinbrook Island.

Oyster Point lies at the mouth of Stoney Creek, about one kilometre south of Cardwell in northern Australia.

In 1977 the Queensland Harbours and Marine Department made a report describing the site as unsuitable for a "boat harbour" (an older concept than "marina", in the days of small sailing craft) because it had "no naturally deep water", was "in a catchment", was subject to (cyclonic) "storm surge" and was subject to "severe siltation" ^[1]. Severe siltation means that the seabottom sediments (in this case having a high acid marine mud component) are always on the move. Any area dredged quickly fills in. In 2009 "Port Hinchinbrook Services" was refused a sea dumping permit to dump in the Hinchinbrook Channel and their referral to the Commonwealth under the EPBC Act lapsed ^[2].

The developer(s) promotes the site for its supposed easy access to the islands and outer reefs of the GBRWHA. Local marine wildlife includes crocodiles and dugongs.

Oyster Point was the location for one of the country's most important conservation battles.^[3] The developer Keith Williams controversially wanted to build a 1500-dwelling canal estate, resort and 250-berth marina called Port Hinchinbrook. In 2006, after another court case, two short rock breakwaters were built, extending 100m into the Hinchinbrook Channel to the boundary of the Great Barrier Reef World Heritage Area.

Oyster Point

Location in Queensland

The first companies which held the site (an old 26 ha lease on an old mangrove island and 40 ha of freehold) were Tekin Australia (liquidated 1990) and Resort Village Cardwell (liquidated 1993), the directors for TA being the same as for RVC. Some of these directors started Cardwell Properties and obtained the real estate, but within months Keith Williams joined as a director then emerged as Sole Director ^[4]

In 1994 the project was approved by the local Shire of Cardwell and the Queensland Government, led by Wayne Goss. The local community was split ^[5]. Supporters of the project expected high economic benefits to follow ^[6]. A four-way Deed of Agreement between the Cardwell Shire Council, Queensland Government, Commonwealth government and the Developer Cardwell Properties (sole director Keith Williams) made it clear that neither state nor local government would be responsible for the maintenance of roads, ccanals and sewerage on this private canal estate, including any maintenance dredging ^[7].

Environmental groups were concerned the development was a threat to Great Barrier Reef and Wet Tropics of Queensland world heritage areas^[8] and that the local dugong population, already much diminished, and local seagrass meadows, would be threatened by the proposed high boating levels.

In November 1994 the Governor-General of Australia gazetted (on behalf of the Commonwealth Government) a Proclamation to stop the mangrove forests from being cleared. Until then, the 13 metre tall mangrove trees had been protected by small groups of activists on 24 hour rosters. Work stopped that afternoon and the activists came down from the trees. That night the developer defied the Proclamation and cleared the forests with swamp dozers under powerful lights ^[9].

Activists in groups of up to 300 (on one occasion 1000) continued to protest near the site. On 14 September 1997 a walking party of over 70 people, including children and a priest, singing a song "world heritage is forever", walked North to South along the public state marine park outside the development property, at low tide. The property boundary there is a "right line" boundary which extends the private land into the sea, below the high water mark. Other small groups carried out minor actions involving crossing the cleared development site to get to Stoney Creek. At the mouth of Stoney Creek (Oyster Point itsef) the walking party was trapped and assaulted by a group of men, while Queensland police watched. The Alliance to Save Hinchinbrook (Inc) holds many photos and videos of the assaults, and 70 of the written statements made for the Criminal Justice Commission by the walkers ^[10]. Some of the assaults on the small-group activists were shown on TV that night.

Friends of Hinchinbrook Inc. (FOH) challenged the Commonwealth Consent granted by environment minister Senator Robert Hill High Court under the ADJR Act. On appeal, the Court upheld the Consent, resting on specific Conditions in the Consent; one condition being that the Queensland Government write a Queensland Coastal Plan that would protect the GBRWHA from the impacts of the proposed canal estate/"resort"/marina. ^[11]. Interim arrangements prevailed until that statutory Plan was enacted in 2003. This Plan was catchment-based and relied on statutory mapping (similar to the current GBRMPA zoning) preventing "adverse impact" along most of the GBR coast ^[12]. In 2012 this Coastal Plan and the all-important Regional Coastal Management Plans were abolished, and the Queensland Coastal Act amended to remove its catchment basis, by the outgoing Queensland Bligh government. ^[13]

Stoney Creek was turned into "Grande Canal" by being bunded and dry-excavated to a depth of 6 metres and a width of 100 metres. The acid sulfate soils thus removed were mostly tipped into the Hinchinbrook Channel ^[14]. The unusual depth excavated was to delay the necessity for dredging, given the poor success predicted by the Harbours and Marine Report of 1977. It was not until 2004-2006 that buyers began to ask why there was "so much silt" ^[15].

The "Port Hinchinbrook" housing development sold poorly. From the outset developer Keith Williams (Cardwell Properties) wanted to sell out, first asking the Queensland Government (1993) and then both Federal and state governments (1994) ^[16].

Ben Williams took over after Keith Williams' death in 2011. After various attempts at further development proposals, the development site continued to deteriorate according to the 200-300 people who lived there ^[17], eventually leading to liquidation of the development company and associated Port Hinchinbrook Services. Another development company entered the story as "Hinchinbrook Harbour" but only led to continuing liquidation.

In 2018 the people associated with the development continue to pressure the state and local government (now post-amalgamation the Cassowary Coast Regional Council) to take over the site's road and canal maintenance and dredging, contrary to the conditions of the Conformed Deed by which the development was approved ^[18].

See also

• Lucinda Point

References

Coordinates: 18°16′39″S 146°2′53″E / 18.27750°S 146.04806°E / -18.27750; 146.04806