WAVERTON PRECINCT COMMITTEE 1 Ross Street Waverton NSW 2060 6th March 2015 The Honourable Mr Duncan Gay Minister for Ports and Freight Dear Mr Gay, Berrys Bay Waverton Peninsula Waverton Precinct has been advised that it was RMS which has recently carried out the safety work to the two deteriorating wharves at Berrys Bay to minimise the risk of fallen timbers floating into the Harbour. Precinct recognised the need for safety work to address the dangerous state of the wharf. Indeed at our 3 February meeting Precinct resolved to seek, through North Sydney Council, expedited demolition because of the dangers posed by the ongoing loss of timbers from the collapsing wharf, both to navigation and users of the Berrys Bay waterfront. Precinct, through our presence on the Waverton Peninsula Working Group, has access to the lengthy REF, commissioned by RMS and determined on 31 January 2013, which set down conditions to be followed to mitigate the environmental impacts of any demolition of the western wharf and the eastern T wharf. Our observations in regard to the demolition work carried out are: 1. Both the western wharf and the end of the T wharf were demolished without due regard for environmental safeguards laid down in the REF. For example: a) No silt curtains were used. b) The only floating spill boom was that which has been in place around the western wharf for more than a year, and it was not fully effective even in relation to floating debris. c) The seabed would have been disturbed by the removal of some intact piles with the release of toxic metal pollution. d) It seemed that no effort was made to relocate the seahorses from the area. e) At one stage the barge used was moored against the historic seawall and may have caused damage. Minor cleaning up work has been carried out, but only after the flotsam had been left unattended for more than a week, resulting in much of it sinking or escaping from the floating curtain. Minor floating debris remains within the boom. Quoting one resident “On Saturday morning there was a wharf plank, approx 1.4 metres long with one spike protruding washed up on the beach at Waverton Oval about 50 metres from the access steps and another shorter piece nearby.” 2. Depending on wind direction, the boom does not completely surround the remaining piles so there is now a maritime navigation hazard, particularly when the piles are submerged by high tide. 1 3. There are four partial piles at the end of the T wharf that are submerged at high tide and as such also constitute a maritime hazard. (A vessel operated by a mooring contractor was seen crossing these piles at high tide, apparently oblivious of the presence of this hazard.) 4. A large amount of water logged, submerged wooden debris remains on the seabed. 5. The T-wharf is not structurally stable, with at least one half pile hanging by a single bolt. Again to quote a resident “Two men were observed fishing on the T wharf this morning. While RMS has fenced off this area extremely hazardous access is still possible over an open beam section about 1.5 metres long. In the interests of public safety RMS should take steps to prevent access from the shore by removing this link. “ Photographic evidence of some of the above is attached. Because the Berrys Bay site is on a heavily used regular daily walking route, this was a very public demolition, closely monitored by many interested members of the local community. Regrettably it would appear that RMS have failed to ensure that the REF conditions have been properly observed. That is, RMS appears to have failed in its fundamental duty to protect the marine environment of this highly sensitive site. One concerned observer said the removal of the wharf was the environmental equivalent of bulldozing a fibro building, leaving half on site to blow away and loading the remainder onto a truck and driving it through the streets. There is still much demolition and removal of on-water structures yet to be performed if the Berrys Bay marina proposal proceeds: remaining sections of T wharf, long jetty, stub wharf, short jetty and mooring dolphins. We request that RMS guarantee to the local community that it will ensure that the REF conditions are properly observed, and this highly sensitive maritime site is properly protected. We await your response. Yours sincerely Iain Bartholomew Chair Waverton Precinct Committee Phone: 9959 5163 Email: iaincathie@bigpond.com Cc: The Honourable Mr. Rob Stokes, Minister for the Environment Mr. Warwick Winn, General Manager, North Sydney Council 2 T-wharf demolition with no boom in place. Note floating debris T-wharf with half pile hanging and three pile stumps visible at low tide Western wharf demolition in progress with some material sinking and other material floating Spill boom showing large volume of floating debris. Note material outside boom Plank being lost by the floating boom Current condition with stub piles both inside and outside the boom Fishermen on T-wharf Plank with spike below Waverton Oval 3