The Byron Shire Echo – January 3, 2018

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THE BYRON SHIRE Volume 32 #30 Wednesday, January 3, 2018

www.echo.net.au Pages 22-33

Phone 02 6684 1777 editor@echo.net.au adcopy@echo.net.au 23,200 copies every week

GP Michael Pelmore retires – p5

M A K E B Y R O N S H I R E G R E AT A G A I N

Local entrepreneur shocked at NORTEC sell off – p7

Health Real Gig guide & healing estate for the north – p18 – 21 – p34 –41 coast – p53

netdaily Mullumbimby a ‘heartopening experience

Online in

www.echo.net.au/mullumbimby-heartopening-experience

Belongil residents take Welcome, 2018 on Railroad Company Paul Bibby

Byron Bay’s new solar train could be stopped in its tracks within six months if a local residents’ action group wins an upcoming court challenge over an alleged breach of environmental zoning rules. The Belongil Action Group Association (BAGA), most of whose members live near the train’s 3km route, commenced proceedings against the Byron Bay Railroad Company in the Land and Environment Court on December 15. In addition to launching the action, BAGA sought an immediate injunction against the Railroad Company which, if successful, would have forced the train to stop running just days after its grand opening on December 16. However, at a hearing on December 20 chief judge Brian Preston dismissed the injunction application, finding that it would have caused injury to the Railroad Company. Nevertheless, chief judge Preston found that there was a ‘serious question to be tried’ at a hearing in relation to the matter. While a two-day hearing is planned in May, the owners of the multimillion-dollar train operation say it will continue to run. In a statement to The Echo, a spokesperson for the Byron Bay Railroad Company said, ‘We have all relevant approvals and so will fight this claim.’ Meanwhile the president of BAGA, John Johnston, said the group’s members looked forward to their day in court.

‘Chief Judge Preston determined in his judgment that there are substantive issues in this matter, [which] should be considered by the court. ‘He suggested a hearing be expedited,’ Mr Johnson said.

Environmental zoning According to court documents obtained by The Echo, BAGA’s case against the train revolves around a small railway bridge that crosses Belongil Creek. The group argues that, unlike the rest of the 3km track, this section is covered by the W1 Natural Waterways zoning for Belongil Creek under the 2014 Byron Local Environment Plan (LEP). The zoning was put in place by Byron Shire Council some years ago to protect the Belongil Creek ecosystem and some of its recreational uses. Under this zoning, BAGA says, the land cannot be used as a railway and thus the solar train is operating in breach of the law. The Railroad Company disagrees, arguing that the bridge over the creek was used as a railway line in the past and remained in use as a rail line even after the 2004 closure of the Murwillumbah line by virtue of the fact that maintenance and repairs were conducted there. This means that the solar train is part of an ‘existing use’ of the Belongil Creek bridge and so the W1 zoning does not apply to its operation. The Land and Environment Court’s finding in relation to this argument is likely to determine the solar train’s fate. continued on page 2

Dancers from the Bunyarra Cultural Collective welcomed in the new year all over the Shire on Sunday – the first port of call for Delta Kay, Belle Budden and Nickolla Clark was the official Welcome to Country at Falls Festival before they headed to Byron Bay’s Soul Street for a big Jingi Walla! Delta was also up bright and early for the First Sun event at Cape Byron. Photo Tree Faerie

Tales from the Falls front line Eve Jeffery

Regarded as the pioneer of future bass, festival headliner Harley Streten counted down the seconds until midnight in front of 25,000 people on Sunday evening at Falls Festival. Known as Flume, the 26-year-old Sydney lad stood godlike dressed in white, inside a chrome and glass casket looking as happy as Larry as the new year dawned. Earlier in the evening, after that same 25,000 chanted his name over and over, Daryl Braithwaite stepped out to the absolute delight of both new and old fans and the country’s

biggest singalong got underway as he crooned his 90s hits. And on Monday, just as Dune Rats were getting warmed up, the sky split and all the water in heaven came to earth. The crowd was given fair warning by event organisers that there was rain coming, and most chose to ride out the storm enjoying the cool change and getting wet. Others got down and dirty when the deluge caused a small mudslide stage left of the valley, which gave punters a few minutes of slippery good fun before police and security had the area contained and a

STARLIGHT FESTIVAL THIS THURSDAY-SUNDAY JANUARY 4th - 7 th | A&I HALL BANGALOW | FULL PROGRAM: STARLIGHTFESTIVAL.COM.AU

Nourish your soul and enjoy a truly blissful Byron Bay experience with over 80 workshops, talks & yoga classes. (All included with entry)

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safety fence was constructed within the hour. Falls 17/18 crowds generally seemed chilled and the fashion motif this year was ‘less is more,’ which suited the hot and humid atmosphere. Plenty were lined up at the free breath-testing station to make sure they got home safely to begin 2018. Fallers came in droves with their glitter and smartphones – fashion favourites for the men were Hawaiian shirts. For the ladies, it was tutus over black undies, lace dresses over black bikinis, fishnet stockings under g-string leotards, and basically any filmy lacy lingerie.

FORRY O W T ENT ONE 4th & FRI 5

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1 DAY PASS: $20 4 DAY PASS: $55


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