Release Of Shell Cove's Accord
Illawarra Mercury
Saturday September 27, 2008
THE long-awaited public release of the Shell Cove management agreement between Shellharbour City Council and developers Australand will take place on Wednesday.
In an administrator's minute to be presented at Tuesday night's meeting council administrator David Jesson recommends that the management agreement for the $1.5 billion development be released to the public in full.However, feasibility studies, annual programs, monthly reports and the Tripartite Deed will be withheld from public release until such time as the "commercial in confidence" information they contain is no longer relevant.Mr Jesson said the decision to hold back these documents was made after the council sought independent legal advice.The Tripartite Deed was signed by the council, original developers Walker Corporation and Westpac to allow Walker to obtain finance to undertake residential subdivision works for the first three stages.In April then deputy mayor Michele Greig failed in her attempt to have the agreement made public after Australand provided the council with an 11th-hour demand that the document not be released.Councillor Greig said the six changes to the agreement since its inception in 1993 were not always as minor as council staff claimed.Last month State MPs Matt Brown and Lylea McMahon joined the chorus of voices calling for the agreement to be made public after Australand announced the deferral of the $100 million marina due to the downturn in the residential market. The marina is the centrepiece of the Shell Cove development.Ms McMahon said the release would provide transparency and install confidence in the process.Copies of the agreement will be made available for viewing from 10am at Level 2 Lamerton House. The documents will be placed on the council's website by October 9.Mr Jesson said inquiries and requests for advice regarding the management agreement should be referred to general manager Brian Weir, the Shell Cove Business Unit director or their nominees.However Mr Jesson also recommended their responses be limited "to routine matters"."Council will not provide legal or technical advice regarding the management agreement and that enquirers will have to seek their own advice using their own resources," Mr Jesson said."Since my appointment as administrator it has become my objective to have the management agreement released to the public in full under the provisions of the Local Government Act," he said.Meantime the latest Shell Cove Quarterly Report - from February 18 to September 21 - will also be presented at the council meeting.
© 2008 Illawarra Mercury