Burradise - Don't go changin'

05/11/2026

UPDATE West Culburra
The Conciliation Hearing for Sealark v Shoalhaven Council regarding the West Culburra proposed development was NOT resolved on October 30th. The Conciliation Hearing has been adjourned until December 11th.

We, the community most affected by this development are not allowed to ask why. Or what happened between the parties behind closed doors after our oral submissions were heard. Was an agreement in principle reached? We can only speculate.

Perhaps the developer was sent off to redo its BDAR which was “incompetent” according to Council. Not to mention the matter of the missing Biodiversity Offset Credit Report. If there is any justice, this matter should go to a full LEC Hearing. But justice in the Shoalhaven? Don’t hold your breath.

Meanwhile, no biodiversity offset credits have been retired and land on the site has already been cleared of trees. 🤷‍♀️

So speculate away, folks…

30/10/2026

UPDATE
CRRAG had another day in court today. The Land and Environment court in the case of Sealark v Shoalhaven  Council in which objectors were invited to speak to their submissions against the West Culburra development.

Tellingly, Shoalhaven Council invited three objectors and two supporters of the development to support their contentions that the West Culburra development should not be approved based on an “incompetent biodiversity report” and the inability of the developer to prove a “Nil or beneficial effect” on our sensitive waterways and more…

How supporters of West Culburra could help Council defend their case is a mystery. But Council invited them in. One of the speakers lowered the civilized tone of the proceedings by telling untruths to conceal a conflict of interest. They went on to vilify our group to the court, making a false allegation about graffiti. We had to refute this on the public record. We will say it again here: CRRAG has never painted graffiti on Sealark’s or anyone’s property. We prefer to use legal channels to protest, as Sealark saw earlier this week.

We put forward our best arguments, but the real action happened behind closed doors because CRRAG’s application to be a joinder to proceedings was dismissed on Tuesday.

What agreements will be reached behind closed doors?

Stay tuned for the outcome.

30/10/2026

Yesterday…today.

29/10/2026

UPDATE
Culburra Residents and Rate Payers Action Group (CRRAG) appeared in the Land & Environment Court on Tuesday to apply for a Joinder to the case Sealark v Shoalhaven Council Reconciliation Hearing which is scheduled for tomorrow Friday 30th October at 10.30 am.

The Sealark lawyer clearly went into the court on Tuesday to try and dispense with us quickly as if we were just a minor annoyance in their day. But the court Registrar actually listened to our arguments.

Our legal representative Sarah Waddell presented compelling evidence that CRRAG needs to be part of the Sealark- Council conciliation process to ensure that the integrity of the planning system is preserved. That developers are NOT allowed to use the LEC system to have the conditions of their original planning consent overturned. That councils are NOT allowed to exploit these court processes by enabling developers to find ‘workarounds’ for the federal and state conditions that the developer is unable to meet.

On Tuesday, with only 1 week to prepare our case and serve a second affidavit on both Council and Sealark, after Sealark said they would oppose our motion to join, CRRAG put its arguments to the court. Sarah was incredible. Her submission to the court was intelligent, considered and substantiated. It was a complex and nuanced case to argue. But the court Registrar who ‘heard’ our case actually listened. We spent 3 hours at the LEC court.

We submitted that we are a community that stands up for sustainable development and wants to protect our sensitive waterways, not just for ourselves but for our children and grandchildren so that they can grow up and live in a regional village without polluted waterways, where there are trees and wildlife and where Aboriginal cultural heritage is respected.

Shoalhaven Council claimed it was taking a neutral stance on the whole matter, but then, after an adjournment for lunch, their lawyer came in with a point to bolster the developer’s case. A missing council report miraculously turned up during the lunch break. How convenient! You wouldn’t believe this story if you saw it on TV, you’d say it was a cliche and not credible. It happened. And Council showed their hand.

The truth is a mutable thing in law, but our steadfast advocate Sarah Waddell relied on the truth to argue our case and point out the gaps and flaws in the planning system. In the face of a hostile, cashed up adversary.

This morning at 10.40 am the court judgement was handed down. Our case was dismissed. We are disappointed but not surprised. We knew the odds were stacked heavily against us, but we needed the case to be heard. And we achieved that.

We believe that at the Conciliation Hearing tomorrow, which has been moved online instead of being held at the site, Shoalhaven Council and Sealark may ask the judge to approve an agreement between them with conditions. The judge can do this under s4.24 (4) of the EPA Act. They can make a deal in the private part of the Hearing after all the objection submissions are heard. Shoalhaven Council have even included this as a reccommendation in their Contentions as we showed the court on Tuesday.

It has happened in previous cases. Look at the Sealark v Shoalhaven City Council in the Eastbourne Avenue land claim case. Council gave Sealark what they wanted -more land in Culburra to develop.

If this happens at the Hearing tomorrow, the community’s interest will not be represented and this will make a mockery of the legal planning systems that are designed to protect both us and the environment. The LEC, “people’s court” will have failed us.

Truth and integrity did not prevail today, but we hold our heads high, knowing that we stood up for those principles, for our community and for our precious environment. We will fight on. Even while the bulldozers plough into our forest habitat, carrying out Sealark "Early Works" conditionally approved by Council BEFORE all the conditions of state and federal approval have been met. It beggars belief.

Thank you for your positive energy and ongoing support. We are still running our court pledge fund. To donate, email us at:

[email protected]

23/10/2026

IMPORTANT CRRAG UPDATES!
We have been forced to cancel our West Culburra rally next Friday because the court proceedings Sealark v Shoalhaven Council have been moved inside. The Land and Environment Court (LEC) are meeting online with the Council and Sealark. And the 6 speakers who have been invited to give 5 minute oral submissions will be admitted for the first part of the Hearing. Then the speakers will leave and Part 2 of the real conciliation process will happen in private. This is disappointing but not surprising. Email us and we will let you know our next action.
📧 [email protected]

In other breaking news...
CRRAG has filed an application with the court to become a party to the LEC court proceedings. Our application will be heard in Sydney next Tuesday. We believe if justice is to truly be seen to occur in this Conciliation Hearing, the community most affected by the development, need to have a voice when these HUGE decisions are being made.

🙌 We do not have deep pockets like the big corporations but we do have BIG hearts. 🙌
Huge thanks to all the wonderful humans who have already pledged money to help us represent our community.
If you would like to pledge to help us fight for our coastal village, click on the link ⬇️ https://forms.gle/1wBr4u6JTDaxyU6S6

Stay strong. Stay connected. We are better together.

12/10/2026

We urgently need your help! Right now, we need funds to fight the West Culburra development.

Please email us for details about how to donate to our campaign: [email protected]

04/10/2026

The West Culburra development is back in the Land & Environment Court on Friday OCTOBER 30th at 10.30 am. Shoalhaven Council purports to agree with our objections, and will contend some of our key points:

💧 the proposed stormwater water filtration system is inadequate,
🚧 there is a prohibitively high cost to Council and the ratepayer to maintain existing town infrastructure with the population increase of over 1000 people,
🦪 negative impact on the oyster industry due to erosion and stormwater and groundwater flow into the river and Curleys Bay,
🚒 high risk of bushfire damage and loss of life due to one road in and out of Culburra Beach,
🦉 loss of habitat for endangered species,..and many more.

We expect the developer to push for DA approval with conditions, at the very least. This is a common 'workaround' to get a Stage 1 DA approved.

Its a good idea to register for the rally so we can keep you informed of any changes to the time or venue.
Apologies for our email link not working this morning. We are back online now.

More info: www.crrag.org
email: [email protected]

02/10/2026

Sealark Land Acquisition in Culburra Beach - Update

At Andrew Constance’s finance roadshow today, Council staff informed us that there were 15 lots of land in Culburra Beach that were disused roads that Sealark has now laid claim to, and Council is busy approving DAs for them to develop.

Some include pathways to the beach, others are narrow blocks squeezed between existing houses on bushland. The Tilbury Cove reserve, as we know, is on land we have been enjoying as green space for 50 years. The Triangle, Lee St, Eastbourne Ave, Penguins Head Rd…there are 11 more.

There are many questions raised by this situation that remain unanswered.

Today, we were told categorically that no money changed hands between Sealark and Council, only DA approvals. Council decided not to fight for these lots, even though they would potentially be appreciating assets sorely needed by our broke Council.

And even though Council has been maintaining them, and there would be money to be made by claiming back taxes and maintenance costs.
Why?

And what are the legal implications of the situation? These lots are under Torrens Title, as are most of the lots in Culburra. (See map below) Is your land safe from this developer?

Torrens Title ownership is the domain of the State government not local. We were told that Halloran intended to transfer the title of these roads to Council back in 1923 but somebody forgot to do it. Sealark are now exploiting that, despite common usage by Council and the public over decades.

How many more parcels of land will Sealark claim?

What exactly was the nature of Council’s negotiation with Sealark?

We have requested from Council a list of ALL the land Sealark has reclaimed. And the legal advice received by Council about the case when it went to the Land & Environment Court that resulted in the deal with Sealark.
Watch this space.

INFO: www.crrag.org

18/09/2026