REPRESENTATIONS . RATIONALES . POWERold.sandon-point.org.au/pdf/Colin Salter (2003) - screen resolution.pdf · REPRESENTATIONS . RATIONALES . POWER STOCKLAND TRUST GROUP™S PUBLIC

REPRESENTATIONS . RATIO

STOCKLAND TRUST GROUP�S PUBLIC RETHE BATTLE OVER KURADJI S

A thesis submitted in partial fulfilment forthe award of the degree of:

Bachelor of Arts (Honours) Science, Technology and Society Program University of Wollongong

NALES . POWER

LATIONS CAMPAIGN AND ANDON POINT

Colin Salter October 2003

Cover photo�s (from left to right):

Sacred Fire, McCauleys Beach, 2002

Uncle Guboo & Friends at the Sandon Point Aboriginal Tent Embassy, 2001

Sandon Point Community picket, 2001

Outside NSW state parliament, Macquarie Street Sydney, 20 March 2002

The Valentine�s Day Blockade, 14 February 2002

Photo�s not specifically credited were supplied by members of the local community.

AUTHORS CERTIFICATION

I, Colin Salter, declare that this thesis, submitted in partial fulfilment of the requirements for the

award of the degree of Bachelor of Arts (Honours) in the Science, Technology and Society Program,

University of Wollongong, is wholly my own work unless otherwise referenced or acknowledged. The

document has not been submitted for qualifications at any other academic institution.

Colin Salter 8 October 2003

They will justify their actions in the name of 'development'... development? What

the first peoples of the [world] need is 'recovery', not development. Recovery from

the very same colonization, domination and genocide that multinational

corporations want to perpetuate for their own gains today.

Leonard Peltier.

i

REPRESENTATIONS . RATIONALES . POWER

ii

abstract The future of an area known as Kuradji Sandon Point, located 70km south of

Sydney, is currently under dispute. The area is of immense significance to

Indigenous people, indicated by its use as a burial ground, campsite and meeting

place stretching back to the dreamtime. It is also a special place for the local

community, comprising one of the last open spaces connecting the Illawarra

escarpment to the sea. Community (non- Indigenous) struggles to keep the area

open space stretch back almost 20 years, with the current dispute arising following

the purchase of significant parcels of the area by Stockland Trust Group, a multi-

billion dollar corporate entity with a major focus on the acquisition and conversion of

free-hold lands for housing, in the late 1990s.

This paper, an example of intervention-oriented research, comprises an analysis of

the corporate public relations campaign mobilised by Stockland to marginalise,

distort and overcome widespread community opposition to its proposal for the

Kuradji Sandon Point area. The strategies and tactics adopted by Stockland to

capitalise on power imbalances, specifically attempts to misrepresent, discredit and

marginalise opposing viewpoints, are analysed with specific attention to

chronological shifts in context, and the subsequent dynamic, responsive and

pragmatic approaches to these shifts.

A similar approach to Bent Flyvbjerg�s empirical case study of politics,

administration and planning in the Danish town of Aalborg is adopted in this

analysis, albeit with points of departure. Accordingly, five context specific

propositions are developed that outline the relationships between rationality and

power and knowledge and power implicit and explicit to the Stockland public

relations campaign.

iii


iv

preface A FEW PERSONAL CONCERNS�

This document focuses on the latest in an ongoing struggle over land and space � a

struggle undertaken by both Indigenous and non-Indigenous people. Thus, to

provide an indication of the historical context of the current struggle, a brief

overview of Indigenous histories and Indigenous Significance of the Kuradji Sandon

Point area are included.

I acknowledge that, as a non-Indigenous person, I am not fully aware, and never

will have a complete understanding, of the Indigenous issues I have overviewed.

Thus, whilst I have made every attempt to ensure the accuracy and cultural

appropriateness of what is included here, I apologise in advance for any oversights

that may appear in this thesis � I sincerely hope there are none. I have only

included details that Indigenous people have shared, and I have attempted to make

no speculations or inferences based on this information.

A main concern I had when first contemplating research into this struggle was the

immense scope of the issue. This concern has continued to increase. As I delved

deeper for more information, new issues arose that were more than worthy of

attention. I still feel that my research has barely scratched the surface, and may not

do justice to the issue. I ask that all who read this take this on board. I say this not

to discourage, but to inspire others to tackle different aspects of this struggle. It is

only through collective effort that what has transpired can be finally exposed for the

benefit of all.

v


vi

ACKNOWLEDGEMENTS

I am indebted to the members of the Sandon Point Aboriginal Tent Embassy

(SPATE) for the many hours they have allowed me to share with them, the

generosity they have shown and support they have given me over many years. This

has taken many forms, including the sharing of knowledge firstly for my personal

benefit and secondly for this research. In the face of cultural destruction they are

exposed to on a daily basis, they have stood strong when others would be unable.

Their strength is an inspiration.

I am also indebted to the local (non-Indigenous) community. I had previously

worked with a small number of these people on a wide range of environmental

and/or social justice issues, yet was not prepared for the depth of community

strength that I witnessed when I became involved in this issue. My involvement in

this dispute began in late 2001, almost 20 years after members of the community

had made their first stand to save and protect the area as public space. The

struggle has brought the community closer together and shown what an amazing,

self-less, eccentric, eclectic and diverse group of people committed to issues they

consider of utmost importance can achieve. They are also an inspiration.

Many members of the local community, both Indigenous and non-Indigenous, have

provided comments, feedback and insights on the numerous drafts of this work,

stretching back to its conception. Yet, to thank only these people would be a major

oversight. My research is only one small aspect of broader and, at the least, equally

valuable efforts that have been undertaken by hundreds of people to highlight what

is occurring at Kuradji Sandon Point. My appreciation and support goes out to all

those involved in this, and other, struggles: without community struggle, there would

be no community.

I would also like to extend my gratitude to those not directly involved in the struggle

who have helped in many ways. These include all those willing to listen when I have

wanted to share thoughts and ideas, those with whom I have conspired, and those

wanting to keep informed. The process of discussing and sharing has provided

immense benefit.

PREFACE

vii

When I first contemplated researching this case study, the support and advice of

Rhonda Roberts proved invaluable. Without it, I do not know if both my knowledge

and research would have occupied so much of my brain (and my life) as it does

today. During this time, I also drew on the support and advice of David Mercer. He

provided both an invaluable insight and views from a standpoint I had not

contemplated. Thankyou.

As this work draws to completion, I have increasingly required the support of my

supervisor Brain Martin. He has selflessly provided advice and support whenever I

have asked and at times when needed but not asked for. As the submission date

closes in, I am sure I will rely on him further. This is thus a thanks both

retrospectively and in advance.

I would also like to thank those I have shared my non-research time with, including

many of those undertaking their own research projects. They have provided the

vast support that I have required. I hope they know who they are, and I hope to be

there when you all need the same.


viii

contents

A FEW PERSONAL CONCERNS� ............................................................................................................... V ACKNOWLEDGEMENTS .............................................................................................................................. VI

1. POWER, PUBLIC RELATIONS AND INTERVENTION-ORIENTED RESEARCH ........................ 1

RECONSTRUCTIVISM, PARTISANSHIP AND INTERVENTION-ORIENTED RESEARCH ...........................4 THE RISE OF ANTI-ENVIRONMENTAL CORPORATE PUBLIC RELATIONS...............................................6 RATIONALITY AND POWER...........................................................................................................................7 THESIS OVERVIEW........................................................................................................................................9

2. A DREAMING TRAIL, A LAND DEVOID� .................................................................................. 11

THE DREAMING� ........................................................................................................................................12 GEOGRAPHICAL LOCATION .......................................................................................................................13 A SACRED PLACE�.....................................................................................................................................14 A TERRA NULLIUS .......................................................................................................................................17 THE DISCOVERY OF BLACK DIAMONDS AT BULLI ..................................................................................18 BRICKMAKING, PAST AND PRESENT ........................................................................................................20 A PUBLIC SPACE..........................................................................................................................................22 THE BEGINNINGS OF THE DISPUTE� ......................................................................................................23

3. INTERPRETATIONS, REPRESENTATIONS, CONSTRUCTIONS & PRAGMATISMS .............. 25

�THE GENUINE GESTURE OF A CORPORATE CITIZEN�� .......................................................................26 �OR A TRAGIC EVENT CAPITALISED ON?...............................................................................................29 THE CONSTRUCTION OF NATURE�.........................................................................................................31 THE BEST INTERESTS OF THE COMMUNITY AT HEART.........................................................................36 THE �FARCILITATION� PROCESS ................................................................................................................38 UNAUSTRALIAN, DISGRACEFUL, EMOTIVE & FANATICAL ......................................................................39 THE (RE)CONSTRUCTION OF NATURE .....................................................................................................46 DENIALS, DIVERSIONS, AND A REITERATION OF PROCESS. ................................................................49 CUNNINGHAM AND THE COI ......................................................................................................................52 CONTEXT AS�.............................................................................................................................................56

ix


x

4. POWER AS CONTEXT FOR THE (RE)CONSTRUCTION OF REALITIES ................................. 57

THE APPROACH...........................................................................................................................................57 KNOWLEDGE AND POWER.........................................................................................................................58 THE FUNDAMENTALITY OF CONTEXT ......................................................................................................59 THE EXERCISE OF POWER ........................................................................................................................63 THE SELECTIVE PROMOTION OF CONFLICT ...........................................................................................66 THE SELECTIVE SUPPRESSION OF CONFLICT........................................................................................69 THE CONTEXT-DEPENDENCE OF RATIONALITY .....................................................................................72 DEFINING REALITIES...................................................................................................................................75

5. REPRESENTATIONS . RATIONALES . POWER......................................................................... 77

THE FOCUS ON THE HOW AND WHY ........................................................................................................78 PROPOSITION 1: KNOWLEDGE IS NOT POWER.......................................................................................79 PROPOSITION 2: RATIONALES, PRESENTED AS RATIONALITY, ARE FUNDAMENTALLY DEPENDANT

ON CONTEXT................................................................................................................................................80 PROPOSITION 3: THROUGH THE EXERCISE OF POWER, REALITIES CAN BE DEFINED, DISMISSED

AND/OR REDEFINED. ..................................................................................................................................80 PROPOSITION 4: THE STABILITY OF POWER RELATIONS CAN BE MANIPULATED, AND IS

DEPENDANT ON CONTEXT. .......................................................................................................................81 PROPOSITION 5: THE WILL TO POWER LEADS TO PRAGMATISM.........................................................81 THE IMPLICATIONS?....................................................................................................................................81 SOME FINAL THOUGHTS�.........................................................................................................................82

BIBLIOGRAPHY ................................................................................................................................ 85

COMMUNITY/PARTICIPANT DOCUMENTS ................................................................................................85 HISTORICAL ACCOUNTS/TEXTS................................................................................................................86 MEDIA SOURCES.........................................................................................................................................87 OTHER DOCUMENTS ..................................................................................................................................91 PUBLIC RELATIONS AND THE ENVIRONMENT/SOCIAL JUSTICE MOVEMENT .....................................91 STOCKLAND PUBLICATIONS......................................................................................................................92 TECHNICAL REPORTS/INVESTIGATIONS � BHP/STOCKLAND FUNDED ...............................................92 TECHNICAL REPORTS/INVESTIGATIONS � COMMUNITY FUNDED/PRODUCED ..................................94 TECHNICAL REPORTS/INVESTIGATIONS � STATE/LOCAL COUNCIL FUNDED ....................................95 THEORETICAL/ACADEMIC SOURCES .......................................................................................................96

CONTENTS

xi

APPENDICIES

1. STREET MAP ..........................................................................................................................................101

2. CHRONOLOGY .......................................................................................................................................105

FIGURES

FIGURE 1: REGIONAL AND NATIONAL LOCATION......................................................................................3 FIGURE 2: MODIFIED AERIAL PHOTOGRAPH (2001)................................................................................13 FIGURE 3: THE SACRED FIRE. ...................................................................................................................16 FIGURE 4: MODIFIED AERIAL PHOTOGRAPH (1938)................................................................................20 FIGURE 5: THIRROUL AREA, CIRCA 1962..................................................................................................21 FIGURE 6: THE COMPLETED TRAMWAY BRIDGE CONVERSION (LOOKING SOUTH). .........................29 FIGURE 7: VALENTINE�S DAY BLOCKADE.................................................................................................40 FIGURE 8: THE POLICE MOVE IN. ..............................................................................................................41 FIGURE 9: STOCKLAND SCALE MODEL. ...................................................................................................47 FIGURE 10: THE STOCKLAND PROPOSAL, MAY 2002. ............................................................................48 FIGURE 11: AREA SUBJECT TO COI. .........................................................................................................53 FIGURE 12: THE STOCKLAND PROPOSAL, FEBRUARY 2003..................................................................55 FIGURE A1.1: STREET MAP OF KURADJI SANDON POINT SURROUNDS. ...........................................103


xii

abbreviations

AIR Australian Industrial Refractories

ALP Australian Labour Party

BLF New South Wales Builders Labourers Federation

BHP Broken Hill Proprieties

Bulli P&C Bulli Parents and Citizens Association

CBD Central Business District

Cookson Cookson Plibrico

HIA Housing Industry Association

ILALC Illawarra Local Aboriginal Land Council

LEP Local Environment Plan

NIRAG Northern Illawarra Residents Action Group

NSW New South Wales

PR Public relations

RTA Roads and Traffic Authority

xiii


xiv

SCESFC Sydney Coastal Estuarine Swamp Forest Complex

SCLC South Coast Labour Council

SEE Statement of Environmental Effects

SIR Session In Reply

SLAPP Strategic Lawsuit Against Public Participation

SPATE Sandon Point Aboriginal Tent Embassy

Stockland Stockland Trust Group

(including its subsidiaries, contractors, etc.)

STS Science and Technology Studies

TAG Thirroul Action Group

TSC Act Threatened Species Conservation Act 1995

WCC Wollongong City Council

WWII World War 2

one POWER, PUBLIC RELATIONS AND INTERVENTION-ORIENTED RESEARCH

�I think the companies will have to give in at only insignificant levels. Because the

companies are too strong, they�re the establishment.�

Frank Mankiewicz, Hill and Knowlton (Public Relations firm).1,2

The social movements of the 1960s significantly altered the consciousness of vast

numbers of people in the western world. Governments responded with legislation

(supposedly) reflecting the new ideals espoused by these movements. These two

acts significantly impacted on corporate interests and eventually a corporate

counter initiative followed � a major focus of this being gains made on

environmental/social justice issues.3

The 1980s again saw a rise in concerns over environmental/social justice issues �

the Franklin Dam issue brought �the environment� to public and political prominence

in Australia in the lead up to the 1983 Federal election.4 By the late 1980s, a large

1 All references to authors and/or individuals will include their first name. I do so in an attempt to transcend the oft-impersonal nature of academic work and foster a greater sense of community. This correlates with one of the major themes of this work: (re)focussing my professional energy to both aim for and live my goals for society. 2 quoted in Sharon Beder (1997), p. 22. 3 I do not consider that environmental issues can be separated from social justice. Despite what may appear to some to be, or were/are portrayed as, environmental issues, I consider these as both environmental and social justice issues. Thus, when I refer to something as an environmental issue, I generally denote it as an environmental/social justice issue. If this denoting is not used, the issue at question should still be considered as an environmental/social justice issue � it may be denoted differently for reason of clarity, for example. 4 The prior dispute over the flooding of Lake Pedder, the �green bans� of the NSW Builders Labourers� Federation, and the dispute over the logging of Terania creek (culminating in the Terania Creek Inquiry, which began in 1979), had a significant impact on the wider awareness of environmental issues in Australia prior to

1

ONE

majority of Australians considered �the environment� to be a major issue, and at

times an issue more important than any other on the (electoral) political agenda.5 In

response to this, the corporate counter initiative against social movements of the

1960s was rejuvenated.

This rejuvenated corporate counter initiative has received attention from a number

of researchers and public interest advocates. Hidden tactics and agendas,

intimidation and violence (both mental and physical), and disproportionate financial

and political power have all faced scrutiny. What have been termed anti-

environmental public relations campaigns often embody all of these devices.6

This thesis focuses on a specific corporate public relations campaign, one

unleashed in a current dispute over an area known (locally) as Kuradji Sandon

Point, located in Wollongong approximately 70km south of Sydney on the coast of

New South Wales.7 Figure 1 indicates its national and regional location. The

corporate public relations campaign centres on a residential proposal for the 61-

hectare site. The corporation behind this proposal is Stockland Trust Group � a

multi-billion dollar corporate entity with a major focus on the acquisition and

conversion of free-hold lands for housing.8,9 The local community have a number of

alternative proposals for the area aimed at preserving the environmental,

Indigenous and non-Indigenous significance of the area.10

This on-going corporate public relations campaign has mobilised specific

(constructed) representations of the environment, financial and political power, and

intimidation and violence as part of its wider strategy to demonise, belittle, and

ultimately silence and/or discredit opposing viewpoints. When these tactics have

the Franklin Dam issue. They, and probably many other disputes, were of fundamental importance to the Franklin Dam issue reaching the level of (electoral) political significance that it did. 5 See Chapter 1 of Sharon Beder (1997) for a list of statistics indicating this. 6 See, for example, Nicky Hager & Bob Burton (1999). 7 Many members of the local community consider themselves part of the old Bulli Shire, and a secessionist movement exists. The movement is partly fuelled by this dispute. 8 For brevity, I use Stockland to refer to Stockland Trust Group and other corporations and/or organizations and/or individuals working for and/or on behalf of Stockland Trust Group. 9 See the Stockland website: www.stockland.com.au and annual reports. 10 Community opposition to the residential proposal is based on diverse issues, with these three being the most prominent. Detailed information on the community opposition can be found at www.sandon-point.org.au.

2

http://www.stockland.com.au/

http://www.sandon-point.org.au/

POWER, PUBLIC RELATIONS AND INTERVENTION-ORIENTED RESEARCH

failed to achieve the desired results, attempts at co-opting and misrepresenting

opposing viewpoints have followed.

Figure 1: Regional and national location.

The difference between this study and prior research is a deeper analysis of both

the how and why, with a focus on attempts to capitalise on imbalances in power

and the implications. As in other corporate public relations campaigns, the

Stockland public relations campaign is typified by implications of rationality as

fundamental to its proposal.11 These implications are the basis of attempts to

manipulate public opinion and garner support in the face of widespread community

opposition.

11 I intentionally use the terms �it� and �its�, as opposed the �they� and �their�, to refer to Stockland to highlight that it is a commercial entity and centrally directed. Further, this illustrates that I do not afford it the same level of consideration as people (i.e. members of the local community and/or community groups) and the Kuradji Sandon Point environment/ecosystems.

3

ONE

RECONSTRUCTIVISM, PARTISANSHIP AND INTERVENTION-ORIENTED RESEARCH

Recent works in the field of Science and Technology Studies (STS) have been

described as appearing �to constitute the beginnings of a reconstructivist scholarly

tradition.�12 These works are defined as reconstructivist �in the sense that [this]

research assumes that technoscience is contingent and socially negotiated � and

goes on to tackle problems of how to reconstruct technoscience or promote a more

democratic, environmentally sustainable, socially just, or otherwise preferable

civilization.� It is in this vein, specifically the promotion of an environmentally

sustainable and socially just society, that my research was undertaken.

In this sense I adopt, albeit with a modified interpretation, David Hess� title for a

�postconstructivist science studies� framework: that of �intervention-orientated

research.�13 This framework �takes advantage of the third party position of the social

scientist to provide an outside evaluation of the scientific merits of different

positions in a controversy.� This outside evaluation requires the social scientist �to

acquire competency in the sciences in question� and is thus an outside-inside

analysis. The aim of the social scientist immersing themselves in the �sciences in

question� is to attempt to understand how the world is represented in order to

attempt to change it.14

I broadly define intervention-orientated research as research that attempts to

redress imbalances of power-relationships in society through intervention on the

side of the marginalised. Further to this, I do not limit my definition of intervention-

oriented research to an evaluation of �scientific merits.� This is implicit in a deeper

analysis of rationales presented as rationality, specifically the construction of

specific realities, through the exercise of power. Thus, intervention-orientated

research is both implicitly and explicitly partisan whilst also embodying and

extending reflexivity to the field of STS as a whole.

In their discussion paper titled �Science Studies and Activism: Possibilities and

Problems for Reconstructivist Agendas�, Edward Woodhouse, David Hess, Steve

Breyman & Brian Martin suggest a move in the �reflexivist project�, a move that they 12 Edward Woodhouse, David Hess, Steve Breyman & Brian Martin (2002), p. 297. 13 David Hess (1997). 14 Ibid pp. 152-3.

4


describe as seeming to be already underway. They suggest that STS scholars

should �devote more sustained and more professional energy to asking ourselves

and each other: for whom should we work?�15 In formulating my broad definition for

intervention-orientated research I also adopt the sentiment of this suggestion,

although with different terminology. Instead of asking each other for �whom should

we work�, I re-frame this suggestion as asking what should we aim for, as a goal for

society, and how can we (re)focus our �professional energy� to both live this whilst

attempting to achieve it? This re-framing adheres to the �sense� that STS is

moving into a period where diverse and multivalent reflexive analyses can include a

more institutionally and politically located reflexivity.�16

The case study addressed in this thesis, the dispute over the future of the Kuradji

Sandon Point area, is a struggle in which the local community is battling against

both the State (at local, state and national levels) and corporate interests.17 Thus,

my undertaking this research is an attempt to (re)focus my �professional energy� to

both aim for and live my goals for society. To achieve this, I have attempted to

highlight the hidden strategies and tactics, the use of intimidation and violence �

both mental and physical � and the disproportionate financial and political power

mobilised by Stockland during its public relations campaign. These strategies and

tactics are what the local community is, and has, confronting/confronted in

attempting to realise their goals both for the Kuradji Sandon Point area and more

generally (many of which correspond with my own).

My interest in this dispute also extends beyond my research. I have undertaken an

active role in the dispute for a number of years as a member of the local community

having a different vision for the area to that of the Stockland proposal. This role has

taken many forms: using my knowledge and skills to help with mobilising opposition

to the Stockland proposal, providing support to the campaign in general, and joining

the local community in mass direct actions. Thus, as a participant-observer, I am

both in a privileged position to analyse this dispute and explicitly partisan. I consider

this partisanship as positive: it has given me specific insights into certain

15 Edward Woodhouse, David Hess, Steve Breyman & Brian Martin (2002), p. 307. 16 Ibid p. 308. 17 This is the most recent dispute over the future of the Kuradji Sandon Point area, with initial community concerns over the future of the area stretching back close to 20 years.

5

ONE

imbalances of the power-relationships implicit and explicit in this dispute that I

would otherwise not have comprehended, and an insight into many of the

community actions before they had occurred. This has enabled me to anticipate,

learn from, and be prepared for Stockland public relations responses and provide a

greater insight into the dynamic, responsive and pragmatic nature of its public

relations campaign.

THE RISE OF ANTI-ENVIRONMENTAL CORPORATE PUBLIC RELATIONS

In Australia, many campaigns had continued throughout the 1970s � protests

against the damming of Lake Pedder, anti-uranium/nuclear demonstrations

(including worker/union strikes at Mary Kathleen and on the Melbourne wharves),

NSW BLF �green bans�, the blockade/logging protests at Terania Creek � with the

latter signalling the use of new forms of direct action in environmental/social justice

issues. These campaigns, and others, were essential for the rise to prominence of

environmental/social justice issues in the following decades.

The Franklin Dam campaign, and the 1983 federal election, returned �the

environment� to public and political prominence. Growing community concern and

action led to increased media coverage and research, further increasing the

prominence of the environment as an issue of public concern.

The techniques already established during the corporate counter initiative of the

1960s were employed alongside new public relations techniques. The foci of this

renewed corporate counter initiative were those groups and individuals concerned

about environmental/social justice issues � specifically those with ideas and

opinions in contrast with, and potentially damaging to, corporate interests. The

strategies adopted by this renewed corporate counter initiative are typified by both

visible and non-visible elements including: the manufacture of front groups,

questioning of the scientific basis for environmental concerns, attempts to frame

6


(restrict) debate, strategic lawsuits against public participation, and the use of

mental and physical intimidation (and violence).18

The level of community concern, and associated actions regarding the

environmental/social justice issues at Kuradji Sandon Point, were the precursor for

the Stockland public relations campaign. The knowledge and skills utilised by the

local community reflect prior community concerns and campaigns in the local area.

Without the public awareness and the experience gained in disputes over the

reopening of the Port Kembla copper smelter, further housing on the Illawarra

escarpment, and a host of others, the community campaign espousing an alternate

future for Kuradji Sandon Point would have been and continue to be significantly

different, possibly less prominent.1920

RATIONALITY AND POWER

Central to the Stockland public relations campaign are attempts to portray itself as a

responsible corporate citizen, including through implications that its proposal for the

Kuradji Sandon Point area is based on rationality. A corollary, and fundamental to

this attempted portrayal, are attempts to brand differing viewpoints as lacking

rationality (reason) and instead based on emotion, with emotion assumed to be

inferior to reason. The construction of this dualistic representation, and later

attempts to co-opt the terminology and images espoused by the local community,

indicate the dynamic, responsive and pragmatic nature of the Stockland public

relations campaign.

The nature of rationality, or more precisely rationalisation presented as rationality,

was a major focus of Bent Flyvbjerg, in his �case study of politics, administration

18 See, for example, Sharon Beder (1997), Timothy Doyle (2001), Nicky Hager & Bob Burton (1999), Andrew Rowell (1996) and John Stauber & Sheldon Rampton (1995). 19 The dispute over the reopening of the Port Kembla copper smelter received substantial media and political attention, resulting in political intervention that eliminated a community legal challenge (see Jasmin Sydee, 2002). Aside from the experience gained by the local community, it is of significance to the dispute over Kuradji Sandon Point as the local public relations consultant � Janine Cullen � was also engaged by Stockland to promote its interests. 20 The experience gained through involvement in other disputes, stretching back to the successful campaign to prevent the construction of a coal conveyer and jetty in 1971, and concerns over pollution in Port Kembla post WWII, also need to be considered. For more detail, refer to Glenn Mitchell (1987); pp. 147-152.

7

ONE

and planning in the Danish town of Aalborg�.21 You may ask: what does a study of

planning have to do with an anti-environmental corporate public relations

campaign? Aside from the Stockland proposal having direct links to the relationship

between deep-seated interpretations of the environment and planning, Bent

Flyvbjerg�s study was undertaken, and the analysis written:

in ways that might be of interest to not only planning theorists

and specialized planning scholars but also to scholars in other

social sciences.22

I have found the way his analysis was written, specifically its focus on the

relationship between implied rationality and the exercise of the power to be relevant

to mine. Contrary to the relationship between rationality and power espoused in the

�Enlightenment tradition� � in which �rationality is typically seen as a concept that is

well-defined and context independent� � Bent Flyvbjerg�s case study �demonstrates

that rationality is context dependent and the context of rationality is power.� Further,

the exercise of

[p]ower blurs the dividing line between rationality and

rationalization. Rationalization presented as rationality is shown

to be a principle strategy in the exercise of power.23

In analysing the current dispute over the future of the Kuradji Sandon Point area, I

empirically illustrate that the dynamic relationship between rationales presented as

rationality and the exercise of power discussed by Bent Flyvbjerg in his case study

is both implicit and explicit in the Stockland public relations campaign. I do, thought,

take a point of departure from Bent Flyvbjerg�s neo-rationalist analysis: whilst

illustrating that rationales presented as rationality is a principal strategy in the

exercise of power, I reject the patriarchal (and positivist) notion of the superiority of

rationality as a basis for decisions that forms the premise of his analysis.24

21 Bent Flyvbjerg (1998); p. 3. 22 Bent Flyvbjerg (2001b); p. 287. 23 Bent Flyvbjerg (1998); p. 2. 24 For a discussion of Bent Flyvbjerg�s empirical study as neo-rationalist, see Andreas Faludi & Arnold van der Valk (2001).

8


Corresponding with the partisan nature of this intervention-oriented research, I

specifically focus on the exercise of power as restrictive and negative, whilst

acknowledging that that the converse can be true. This is both contrasted with and

complements a focus on small things, or more specifically, the dependence of

context. Thus, it will be emphasised how the exercise of power, specifically the

strategies and tactics adopted, shifts and refocuses in response to specific

contexts. Further, it will be empirically illustrated that what was once defined

irrational can be redefined as rational by those in possession of power: rather than

spoiling the free use of reason, the want of the ability to exercise power leads to

pragmatism.

THESIS OVERVIEW

Following this introduction, which forms chapter one, this thesis is divided into

another four chapters. The second chapter encompasses a brief overview of the

history of Kuradji Sandon Point area, including what is often referred to as pre-

history by Europeans/colonisers: an Indigenous history of the area. The inclusion of

this historical overview indicates the specific local context in which the Stockland

proposal was launched, including the socio- and geo-political climate. It provides a

basis for an understanding of the why.

The third chapter outlines the Stockland public relations campaign. It begins with a

description of a tragic event that Stockland was successfully able to capitalise on

prior to its proposal being launched in the public arena.25 Whilst this can, on the

surface, be interpreted as either �the genuine gesture of a corporate citizen� that

had nothing to do with the Stockland proposal, or a public relations exercise aimed

at portraying a similar image, it is the non-disclosed implications for the Stockland

proposal that are of significance. 26

Following the introduction of this dynamic and responsive action � of immense

benefit to Stockland � a number of specific examples are introduced indicating

attempts by Stockland to frame, and thus restrict, debate on the future of the 25 I intentionally use the word �capitalise� here to indicate what I consider a major factor in the conversion of the tramway bridge. 26 Nick Duncan (2002a).

9

ONE

Kuradji Sandon Point area to a suitable form. The outline follows the dynamic,

responsive and pragmatic nature of the Stockland public relations campaign as it

adapts to changes in context, indicating the basis of implicit attempts and overt

attacks on the opinions expressed by the local community: the implied rational

basis for the Stockland proposal and the irrational (emotive) basis of differing

viewpoints.

With the second chapter outlining socio- and geo-political contexts and the third

focussing on the small things, the fourth chapter considers the how and why of the

Stockland public relations campaign. The story provided by chapter three is

revisited, with a focus on the exercise of power, its implications, and the strategies

and tactics employed to investigate the how, and the small things are again

emphasised to provide a thorough analysis of the why.

The final chapter draws on the outcomes of the empirical analysis of chapter four.

In a similar vein to the final chapter of Bent Flyvbjerg�s Rationality and Power:

Democracy in Practice, I outline a number of context specific propositions regarding

the relationships between rationality and power and knowledge and power. Whilst

these propositions are specific to the strategies and tactics employed by Stockland

during its public relations campaign, it is hoped that they will embody a level of

generality that others will be able to utilise and/or gain insights from.

10

two A DREAMING TRAIL, A LAND DEVOID�

�Sandon Point is a very significant area to me and my people� it is of spiritual

significance and part of our cultural heritage. Every Aboriginal that occupied these

lands used these tracks to move throughout their territory and meet with our

people�stories have been passed down orally. This land is not unsung land it is

of ancient and sacred significance��

Reuben Brown, Chairperson, Korewal = La Perouse = Eloura = Illawarra =

Jerrungarugh = Shoalhaven Tribal Elders : Aboriginal Corporation.1

��in the name of His Majesty [I have] taken possession� of the whole Eastern

Coast� by the name of New South Wales, together with all the Bays, Harbours,

Rivers and Islands Situate upon the said coast��

James Cook.2

The Kuradji Sandon Point area has a long history, the majority of this being prior to

European attempts at colonisation.3 The Indigenous history of the area, albeit

shunned and drastically affected, did not stop with the arrival of the colonisers

despite a lack of written (non-Indigenous) records. Thus, there is a significant

crossover between the Indigenous and non-Indigenous histories of the Kuradji

Sandon Point area.

1 quoted in Appendix 6 of Kerry Navin & Kelvin Officer (2001c). 2 Reproduced from William Lines (1991); p. 23. Original excerpt from J. C. Beagle, Editor (1974), p. 228. 3 The definition of the term �colonisation� adopted here is based on the interpretation and treatment of nature, and Indigenous people subjugated to nature, as inferior and mere tools for (white) man�s benefit.

11

TWO

12

To achieve some clarity, I have attempted to separate the Indigenous and non-

Indigenous histories, the specific aim being to illustrate the different socio- and geo-

political contexts of the current dispute, whilst pointing out overlaps.4

This brief outline is loosely chronological, beginning with locating the Kuradji

Sandon Point area from an Indigenous perspective. I have chosen to end this

outline in the mid-late 1990s, coinciding with Stockland�s first expressions of

interest in the Kuradji Sandon point area.5

THE DREAMING�

The Indigenous history of Australia, and the Kuradji Sandon Point area, stretches

back to the Dreaming, or Dreamtime. During this period, spirit ancestors roamed

creating all life. These ancestors eventually became trees, rocks, rivers and

animals.6 The tracks created by these ancestors are known as Dreaming Trails.

The Kuradji Sandon Point area is part, and located at the end of, one of these

Dreaming Trails. It is a recognised meeting place for Indigenous peoples from the

north, south and west being used since the Dreaming. The Kuradji Sandon Point

area:

�was and still is a very significant place� [It] was the meeting

place where the Chief of the Illawarra would meet the Chief of

the Gundagarra People to trade and tell their stories.

Sandon Point is a very significant area� it is of spiritual

significance and part of our cultural heritage. Every Aboriginal

that occupied these lands used these tracks to move throughout

their territory and meet with our people�stories have been

passed down orally. This land is not unsung land it is of ancient

and sacred significance�

4 I have not attempted to interpret the histories of this Kuradji Sandon Point area, rather to provide an account based on the information available. 5 A historical chronology is provided in Appendix 2. 6 Michael Organ (1990) reproduces a number of dreamtime stories from the Illawarra region.

INTERPRETATIONS, REPRESENTATIONS, CONSTRUCTIONS & PRAGMATISMS

Sandon Point to us means Ngurumbaan = The Past = The

Present = The Future: Bulli Pass: was an Aboriginal Dreaming

Track = today it serves everyone (emphasis in original).7

What is now known as Bulli Pass, a road linking the coast and lands west of the

Illawarra escarpment, is in the approximate location of this Dreaming Trail. Hence

the description that �today it serves everyone.�

Figure 2: Modified Aerial photograph (2001).8

GEOGRAPHICAL LOCATION

The area locally known as Kuradji Sandon Point is approximately 70km south of

Sydney on the east coast of NSW (refer Figure 1). It is situated in an area referred

to as the northern suburbs of Wollongong, in the Illawarra (Eloura) region.

The Kuradji Sandon Point area itself is specifically located between the suburbs of

Thirroul to the north and Bulli to the south and (what remains as �open� space)

7 Reuben Brown, quoted in Appendix 6 of Kerry Navin and Kelvin Officer (2001c). 8 Original image in Wollongong City Council and Dickson Rothschild (2003).

13

TWO

14

covers an area of approximately 61 hectares. Figure 2 is a modified image of an

aerial photograph taken in 2001.

The current boundaries of the area under dispute are outlined in red, and can be

generally defined as Hewitt�s Creek to the north, current housing to the south, the

Pacific Ocean to the east and the Illawarra rail line to the west. The yellow lines

indicate the current land-use boundaries. The figure also illustrates the ratio of open

space to prior industrial use, and the impacts of these uses.

A SACRED PLACE�

As introduced, the Kuradji Sandon Point area forms part, and is located at the end,

of an Aboriginal Dreaming Trail and was a meeting place for peoples from all over

(south) eastern NSW. The area is also sacred for other reasons, the significance of

which is still not fully known by non-Indigenous people.9

The (partial) awareness of the Indigenous Significance of the Kuradji Sandon Point

area to non-Indigenous people was, and is, something that has grown since the first

white settlers arrived in the northern Illawarra in 1817. One specific indication of this

is the recognition and/or awareness of the area as a burial site. Whilst there is scant

written (i.e. non-Indigenous) records of the Indigenous people of this area, both

written and anecdotal evidence exists about this.

The first recorded Indigenous burial discovered by white settlers was in 1887. In

referring to their find, Sid Dumbrell and Jack Lloyd described the area as �a Black

burying ground.�10 Since the mid 1900s heavy seas have exposed a number of

burials. In the 1950s a local resident stumbled across remains in the fore-dunes at

McCauleys beach. In 1974, two of his nephews, Kim and Tony Stephenson, noticed

another set of remains in the same area.11

At around the same time of the 1974 discovery, the Water Board (now Sydney

Water) were constructing a sewage pumping station and associated infrastructure

9 The existence of places of specific Significance to Indigenous women has also recently surfaced. 10 Michael Organ (1990), p. 343. 11 unknown, Kuradji � more than meets the eye, p. 4., in Hamish Brown, Editor (2002b)


at Kuradji Sandon Point. Anecdotal evidence, vehemently denied by Sydney Water,

exists regarding up to 8 burials discovered at this time.12 In the early 1980s local

Indigenous people relocated these burials a short distance away.

Heavy seas on the night of March 7 1998 again partially exposed another burial site

in the fore-dunes of McCauleys beach. Tony Stephenson was again the first person

to notice this.13 The rise in consideration of Indigenous issues, prior to and around

this time, led to the burial being archaeologically investigated. The subsequent

exhumation determined that this was an intact ceremonial burial of a Kuradji (clever

fella) up to 6 000 years of age.14,15 It was following its exposure that the Sandon

Point area was renamed Kuradji by Uncle Guboo Ted Thomas, the Senior Yuin

lawman (until his passing in 2002).

The extent of the significance of Kuradji, and the entire Kuradji Sandon Point area,

may never be shared with non-Indigenous people. It was only when the Stockland

proposal was publicly announced that specific indications of this were shared with

the non-Indigenous community. The reasons are apparent in a response by Uncle

Guboo Ted Thomas following non-Indigenous criticism regarding announcements

referring to another site of significance to Indigenous people:

These are sacred matters which must be kept quiet� We only

talk about these things when we are forced to do so in order to

protect our sacred sites from ignorant white people to whom

only the dollar is sacred.16

12 The burials were uncovered during excavation work undertaken by the Water Board (now Sydney Water). I was informed that the remains were merely pushed aside. Sydney Water denies any records regarding the discovery of these remains. As a participant in the current dispute, I had a chance meeting with a member of the Aboriginal community present during the relocation of these burials in the early 1980�s. 13 Barriers were placed around the burial site to protect it (from further ocean activity) whilst the local Indigenous communities discussed what should and/or needed to be done. 14 Richard Fullagar & Denise Donlon (1998); p. 5. 15 The dating of this burial site was estimated based on deposits underlying an adjacent midden site � no direct attempts were made to date either material from the burial pit or the Kuradji itself (Kerry Navin & Kelvin Officer, 2001c; p8). Thus this burial, and another site of Indigenous Significance (dated without a detailed investigation) at Kuradji Sandon Point, could be significantly older. Based on detailed archaeological investigations at the two oldest dated Indigenous sites on the south coast of NSW � Bass Point and Burril Lake, which both have similar characteristics, Indigenous use of the Kuradji Sandon Point area may have began up to 20,000 years ago. 16 Uncle Guboo Ted Thomas (1979), reproduced in Dennis Byrne (1984); p. 2.

15

TWO

Whilst the Indigenous Significance of the Kuradji may never be fully known or

comprehended by non-Indigenous people, a number of shared stories (partly)

provide an indication of this. For example, the ceremonial burial of a Kuradji

indicates significance in itself.17

In December 1999 coals from the sacred fire at the Aboriginal Tent Embassy in

Canberra were transported to Kuradji Sandon Point and a scared fire was

established. Figure 3 is a photograph of the sacred fire, looking south-east.

Figure 3: The Sacred Fire.

The Sandon Point Aboriginal Tent Embassy (SPATE) was established to keep the

sacred fire burning, watch over, and protect Kuradji Sandon Point.18 It is used as a

meeting place for Indigenous people and somewhere for non-Indigenous people to

learn about the Indigenous history of the area.

Following the announcement of the Stockland intentions for the Kuradji Sandon

Point area, a number of archaeological investigations were undertaken. During

17 Following the exhumation, the Kuradji was reburied at a non-disclosed location in the vicinity of the original resting place. 18 SPATE is located to the right of the photo, across the small lagoon that forms the confluence between Tramway and Woodland�s Creeks and the Pacific Ocean.

16


these investigations, high densities of artefacts were discovered that at least partly

support Indigenous stories of the area, including a tool site dated to approximately

4000 years in age.19 A dispute within the archaeological community arose in 2002

regarding the scientific significance of these finds.20

A TERRA NULLIUS

In 1817, Cornelius O�Brien, the first white settler, arrived in the northern Illawarra.21

As the land was considered a terra nullius, he was successful in securing the first

land grant. The grant comprised 300 acres, extending from Sandon Point in the

south through into current day Thirroul in the north, encompassing the entire Kuradji

Sandon Point area.22 The land was subsequently improved by European

standards.23

It was not long before maltreatment of the local Indigenous people was recorded.

On 26 September 1818, Cornelius O�Brien led a �vigilante action� in which at least

one local indigenous person was wounded.24 A subsequent investigation by the

Sydney Bench of Magistrates found no case to be answered. Following this

decision, Governor Macquarie wrote to D�Arcy Wentworth, chief magistrate,

expressing his �surprise, regret, and displeasure at the Bench of Magistrates

treating this wanton attack on the Natives with so much levity and indifference.� He

called for �further action to be taken.�25,26

In introducing the above �vigilante action�, I emphasised recorded as an account of

an unrecorded �wanton attack� has recently surfaced. The date of this event is not

19 It should be noted that the term discovered is used here to reflect non-Indigenous attitudes. 20 See Colin Salter (2002) for an analysis of the dispute, or refer to Peter Hiscock (2002) and all of the Navin Officer reports listed in the bibliography for context. 21 This was not the first incident of �white� people in the Illawarra, rather being the first step in attempts to �settle� the area. 22 Alex McLeary (1833); p. 34. 23 Norman S King (1965); p. 7. 24 This action is anecdotally referred to as the �Minnamurra Massacre�. Thus, despite no written records existing of any deaths (murders), this label indicates that a number of Indigenous people were killed. 25 Michael Organ (1990), pp. 101-104. Reproduced from the Wentworth Papers, Mitchell Library, A753, CY699, pp. 207-209. 26 It should be noted, however, the Governor Macquarie had unofficially declared war on Indigenous people of the Sydney region in 1816, leading to numerous massacres. Indigenous people of the Illawarra were specifically excluded from any action as they were seen to be peaceful, and therefore considered harmless. See Michael Organ & Carol Speechley (1997); p. 20

17

TWO

18

known, and I possess only scant details. In February 2002 a select group of people

were escorted to Thomas Gibson Park � the location of this massacre � by Uncle

Guboo Ted Thomas, the senior loreman of the Yuin Nation (until his passing only

weeks later).27 He then shared its story. I was made privy to this information in early

2003 based on both my involvement in the community campaign and as I was

researching the dispute.28

Through the improvements made to the Kuradji Sandon Point area, Cornelius

O�Brien was able to establish a farm and whaling station. Convict and Indigenous

labour were the means through which this was achieved.29 Prior to his departure

from the area in the mid 1830s, �he had built a commodious house and barns, a

windmill and had cleared and cultivated 90 acres of his grant; erected 4½ miles of

fencing and built a schooner.�30,31 The Kuradji Sandon Point area has since been

owned by a number of different individuals/companies/organisations, and

subsequently utilised for in a number of different ways. The �hands of industry�

subsequently utilised the land in many different ways.

THE DISCOVERY OF BLACK DIAMONDS AT BULLI

In the 1850s coal was discovered on the foothills of the escarpment and the Bulli

coal mine was established. Following this discovery, a tramway was constructed

through the Kuradji Sandon Point area, linking the mine site with the recently

constructed Bulli jetty. The jetty extended from the northern side of Sandon Point

out into what was then known as Bulli Harbour. The gravity-fed tramway was the

first of its type in Australia, and coal shipments from the Bulli Jetty began in 1863.32

It was only 4 years later that workers had undertaken action for better conditions.

The Bulli Miners� lodge was established in 1879. In 1886, corresponding with a loss

in wages, miners at Bulli moved out of �company houses� and lived in tents. A strike

27 Refer to Figure A1.1 for the location. 28 I do not possess detailed knowledge of this massacre, and chose not to ask for details. If those who shared this knowledge with me wish me to know more, they will share this with me if and when they choose. 29 Michael Organ (1990), p. 171. 30 Norman S. King (1965), p. 5. 31 Arthur Cousins (1948); p. 206. 32 Norman S. King (1965), p. 32.


began in August, and the management of the mine shipped non-union labour from

Sydney in January. On Monday 17 January 1887 a locomotive carrying 40 men and

escorted by police from the Bull Jetty was stopped by a large gathering of workers

and their families blocking the tramway. Of those on board the locomotive, following

an address by those assembled, 36 joined the strike and 4 returned on foot to the

steamer upon which they arrived.33 This event was described this as the �first united

feminist action in Australia.�34,35

Six months after the action began � the longest stoppage in the district � the men

returned to work.36 Less than one month later, the �worst coal mining disaster that

Australian mining has known to date� took the lives of all those who returned.37 At

2:30pm on March 23 an explosion tore the mine apart leading to the loss of 81

lives, including 17 boys and 51 men with families. The sole survivor of the explosion

was a young boy thrown from the pit mouth.38

�New practices in the use of coal� led to the construction of a number of coke ovens

built adjacent to the tramway at Kuradji Sandon Point. The first 20 of these began

operation on July 20 1889, and another 20 were built in 1908.39 The locations of the

coke works, the tramway and the Bulli Jetty are illustrated in Figure 4, a modified

image of an aerial photograph taken in 1938.

With the opening of the Port Kembla �steelworks� in 1927 and the increase in its

coke ovens from 72 to 144 in the years following 1950, Bulli coke works were

abandoned.40 The coke ovens, and associated infrastructure, were subsequently

buried, to be unearthed in 2002 by Stockland.41

The Bulli Jetty was plagued by storm damage, suffering numerous partial collapses

(see Appendix 2). Several ships were also wrecked whilst using the jetty. Following 33 William. A. Bayley (1956); pp. 8-10. 34 Michael Organ (2002); p.12. 35 In the 1890, these tactics were repeated by women at Woonona. 36 The striking workers decided that the married men would have first preference in returning to work 37 Winfred Mitchell & Geoffrey Sherrington (1984); pp. 42-3 38 William A. Bayley (1956), p. 10. 39 Ibid. p. 15. 40 Ibid. p. 18. 41 After the coke works was excavated, all remaining ovens were photographed before being destroyed by Stockland. The fill was then replaced.

19

TWO

the collapse of the seaward end in 1943, coal shipments from the Jetty ceased with

the coal being transported by rail to Port Kembla.

Figure 4: Modified Aerial photograph (1938).42

BRICKMAKING, PAST AND PRESENT

The Vulcan Silica Firebrick Company began brick production in Thirroul in 1919.

The brickworks were located on the northwestern portion of the Kuradji Sandon

Point area. The clay for the bricks was quarried on-site. In 1933 Newbold Industrial

Refractories purchased the Vulcan Silica Firebrick Company and operated the

brickworks for approximately 40 years (alongside a number of other operations in

NSW). Production, and hence employment, at the brickworks subsequently

expanded with the brickworks being a major supplier to the Port Kembla steelworks.

During operation of the brickworks, the natural course of both Hewitts and

Woodlands Creek were altered. A map of Thirroul, circa 1962, is reproduced (with

minor modifications) as Figure 5.

42 Original image in Wollongong City Council and Dickson Rothschild (2003).

20


This map, and Figure 4, provide an indication of the size of the infrastructure and

quarry at the brickworks, the dislocation and modification of Hewitts Creek and the

sinuosity and location of Woodlands Creek during this period.43

Figure 5: Thirroul area, circa 1962.44

The Thirroul brickworks was acquired by Australian Industrial Refractories (AIR), a

subsidiary of Broken Hill Proprietary (BHP), in 1974. During this time, the section of

Woodlands Creek between the rail line and eastern edge of the brickworks site was

43 I have added the (incomplete) western section of Hewitts Creek indicated in Figure 5. This is based on local knowledge, and is added to illustrate that the creek extends up the escarpment beyond the discontinuity of the original map upon which this figure is based. 44 Reproduced from Dan Bergquist (1998?).

21

TWO

22

transferred to a straight section of buried pipe and the original creek line was filled

in. The quarry site indicated in this map was also eventually filled, becoming

Thomas Gibson Park.

The brickworks continued to be operated by AIR, and later BHP Refractories, until

its close in 1996. All buildings and associated infrastructure on the site were

subsequently demolished (refer to Figure 2).

Alongside the Thirroul Brickworks, South Coast Refractories was established in

1968 on the northern side of Tramway Creek. The operations expanded through the

1970s and into 1980s before declining following BHP�s expansion into the industry

with the purchase of the Thirroul Brickworks. In 1989 the refractory was sold to the

Cookson Plibrico, locally known as Cookson�s. Following the initial decline in

operations, and the closure of the BHP Refractory, Cookson�s increased production

and employment at the site.

Cookson�s is one of the last remaining industrial operations and employers in the

northern Illawarra.45

A PUBLIC SPACE

The Kuradji Sandon Point area also has a long history as a place of (non-

Indigenous) public use. The first recorded public event was in 1864: following the

laying of a foundation stone for the first permanent �place of worship� in Bulli, the

ceremony moved to what was then known as Bulli (also Waniora) Point.46,47 At this

time, a number of lodges and societies were set up to supplement the small number

of churches. Annual picnics were held at Bulli (Sandon) Point, along with gatherings

45 If the Stockland proposal comes to fruition, the Cookson operation will be forced to close and/or relocate. The Heritage listed Turpentine Forest to the north and the Sydney Coastal Estuary Swamp Forest Complex (SCESFC) to the south (an endangered ecological community under the Threatened Species Conservation Act 1995) are also restraints to any increase in production of the Cookson operation. 46 Norman S. King (1965), p. 31. 47 A number of historical documents refer to Bulli (Sandon) Point as Waniora (originally known as Floyd�s) Point, which is the next point south.


for New Year�s Day, Anniversary Day and Boxing Day. They were �attended by

almost all the residents of the district.�48

The Sandon Point area is presently used by members of both the local community

and those from further a field: it is the closest beach land to the southwestern

suburbs of Sydney. The backdrop of open space adjacent to the beach is one of its

drawcards. Hang gliding was a regular activity prior to council intervention. Now

windy days are utilised by model aircraft enthusiasts. It is one of the top point

breaks for surfing in Australia and, until recently, hosted the Konica Skins

professional surfing event. A cycleway also passes through the Kuradji Sandon

Point area, beginning at Thirroul and extending 42km south past Wollongong.

THE BEGINNINGS OF THE DISPUTE�

In 1984 a BHP proposal for the southern end of the Kuradji Sandon Point area was

released to the public. This proposal incorporated the construction of two 20m high

coal loading bins, a conveyor and balloon rail loop to service the old Bulli mine

(reopened as the Bulli Colliery). In response to this proposal, local residents formed

the Northern Illawarra Action Group (NIRAG). The proposal was stopped, and the

area was rezoned residential.

Following the rezoning, BHP began preparations to sell off this land. A major barrier

to this sale was the Heritage listing of the Bulli Tramway. In 1996 the draft Local

Environment Plan (LEP) listed the tramway route as intact. Following public

exhibition, the LEP was amended. This amendment included the tramway route

being described as no longer intact, thus the Heritage listing was removed. The

Heritage Office, and the local community, were not aware of the delisting until the

amendments to the LEP were belatedly gazetted in 1999.49 Following public

outrage, the Heritage listing was partly reinstated. All the BHP land east of, and

including, the tramway bridge, was not included in this reinstatement.

48 William. A. Bayley (1956); p. 30. 49 The LEP also included the rezoning of the site occupied by Cookson�s from extractive industrial to light industrial without any consultation. Cookson�s have yet to be officially notified of this rezoning by Wollongong City Council, and it was not aware of this rezoning until May 2002. See David Evans (2002).

23

TWO

24

Following the selective removal of the Heritage listing, Stockland began purchasing

portions of the Kuradji Sandon Point area.50

50 Stockland also purchased land owned by Sydney Water, including the area containing the Kuradji, for $2.1m (refer to ). WCC currently plan to acquire part of this land � land deemed unsuitable for housing and associated infrastructure � using funds obtained under section 94 of the Environmental Planning and Assessment Act (1979). Section 94 was established to enable local councils to purchase lands deemed necessary to provide community amenity for increased populations arising from residential projects. WCC currently propose to pay $4m � almost double the price Sydney Water received for only a portion of the land originally sold to Stockland.

Figure A1.1

three INTERPRETATIONS, REPRESENTATIONS, CONSTRUCTIONS & PRAGMATISMS

�There has been a lot of community comment - much of it emotional, only a little of

it based on fact - and opponents are claiming things that just aren't true"

Nick Duncan, Residential Estates Manager, Stockland Trust Group.1

In mid 2000, following a tragic accident at Bulli, Stockland donated the Tramway

Bridge for conversion into a pedestrian overpass. It described this act as �the

genuine gesture of a corporate citizen that had the resources to help the local

community of which it is a part.�2 This ostensibly generous act served Stockland�s

interests and can be considered to be the starting point of its public relations

campaign. Thus, an overview of the machinations of this act forms the introduction

to the aspects of the Stockland public relations campaign outlined in this chapter.

The strategies and tactics adopted provide an indication of the dynamic, responsive

and pragmatic nature of its public relations campaign.

Following this introduction to the Stockland public relations campaign, the

remainder of this chapter focuses on the two specific and interrelated aspects of the

Stockland public relations campaign: the interpretations and representations of

nature implicit to its public relations campaign, and the implied emotive, as inferior,

basis of community views. The implied rational basis of the Stockland proposal is

central to these two aspects of its public relations campaign.

1 Quoted in anonymous (2002b). 2 Nick Duncan (2002a).

25

THREE

26

The focus on these aspects of the Stockland public relations campaign expands on

the indications of the responsive and dynamic nature implicit in its veiled launch,

illustrating that the Stockland public relations campaign, as a whole, is dynamic,

responsive and pragmatic. This is achieved through introducing the shifts in the

strategies and tactics adopted and mobilised by Stockland.

This outline follows the style of the preceding chapter: it is loosely chronological,

with overlaps between each section. This style is again adopted to indicate and

highlight the context of the strategies and tactics adopted. I have chosen to end the

overview during the final stages of the COI process. This coincides with the time of

writing (late 2003), and the dynamic, responsive and pragmatic shifts in the

strategies and tactics of the Stockland public relations campaign at this time

warrant inclusion in this overview.

�THE GENUINE GESTURE OF A CORPORATE CITIZEN��

On the morning of Thursday 22 June 2000, Ella James and Corinne Fielitz, both 7

years of age, were struck by a motor vehicle whilst crossing the Princes Highway at

Bulli. They were crossing the Highway at pedestrian traffic lights located in front of

Bulli Primary School. The driver of the motor vehicle failed to stop on the red signal,

colliding with both students. Ella died at the scene and Corinne was seriously

injured, spending several weeks in hospital.

Since 1987, the Bulli Parents and Citizens Association (Bulli P&C) had requested

increased road safety measures outside the school. These included the introduction

of a 40km/h speed zone, the relocation of the pedestrian traffic lights to the

intersection of Hobart Street and the Princess highway, and the construction of a

pedestrian overpass or conversion of the historic Tramway Bridge.3 The Roads and

Traffic Authority (RTA) had repeatedly declined to implement any of these

measures. It considered the traffic lights to be in the safest location, and that the

3 See for the exact location of the pedestrian lights at the time of the accident, Hobart Street, and the Historic Tramway Bridge.

Figure A1.1


conversion of the Tramway Bridge and introduction of a 40km/h speed zone were

not feasible.4

On 18 March 1999, a meeting was held between representatives from Wollongong

City Council (WCC), the RTA and the Bulli P&C to discuss the relocation of the

traffic lights and other road safety improvements to the Princes Highway adjacent to

the School. The RTA had indicated to the Bulli P&C that the estimated $100,000

needed to relocate the traffic lights was too expensive and that a number of other

criteria needed to be met. The RTA representative indicated that �it would take a

fatality before the traffic lights outside Bulli Public School would be moved.�5 This

sparked public and bureaucratic outrage at the time and, following the accident, the

RTA became the target of community anger.6

The focus on the RTA increased when, less than 24 hours after the accident, WCC

road safety Manager Phil Tolhurst publicly announced that the Princes Highway

was the RTA�s responsibility.7 The RTA responded with an announcement of its

own that a number of safety measures would be investigated. This included a study

into the feasibility of a pedestrian overpass near the school and a trial of a road-

crossing supervisor. At this time, the RTA still believed that the conversion of the

Tramway Bridge was not feasible and that the traffic lights were in the safest place.8

The tragic accident and the community campaign for improved pedestrian safety

received daily media attention. Local residents demonstrated at the site of the

accident, erected home-made 40km/h speed signs, and discussed a blockade of

the highway in response to their concerns not being addressed. On Wednesday

June 26, NSW Roads Minister Carl Scully joined the debate, announcing that he

would stand by the RTA decisions regarding traffic safety measures adjacent to the

school, ruling out the relocation of the traffic lights and the conversion of the

4 Jodi Allen (2000). 5 anonymous (2000). 6 See, for example: anonymous (2000), and Jodi Allen (2000). 7 see, for example: Anne Bransdon (2000b). 8 Ibid.

27

THREE

28

Tramway Bridge to a pedestrian footway. He also contradicted previous RTA

Statements that the relocation of the traffic lights was too expensive.9

On 28 June a procession of 220 Bulli Public School students walked from the

school, past the site of the accident, to Ella James� funeral. The front page of the

Illawarra Mercury brandished the heading: �What Price Our Little Girl�s Life?� Later

that day, Carl Scully announced he would be directly involved in improving

pedestrian access at the School. He conceded to community calls to relocate the

pedestrian traffic lights to the intersection between the Princes Highway and Hobart

Street after he �reached an agreement� with the RTA.10

Alongside this announcement, the Minister also stated that the RTA had ignored the

concerns of parents and the local community and

ordered the RTA to fast-track its assessment of having children

use the former railway bridge as a pedestrian access across the

highway, and the possibility of building a new bridge outside the

school.11

On 2 July local residents announced that if a pedestrian overpass was not

approved, that they would again consider a blockade of the Princes Highway

outside the school.12 Three days after this announcement, a review into traffic

control around NSW schools was launched by the state parliament road safety

committee. The review was publicly launched in Wollongong.13

On 24 July, one week before the community�s deadline, it was publicly announced

that an in-principle agreement had been reached between Stockland, BHP, the

Roads and Traffic Authority, and Wollongong City Council.14,15 The Stockland-

owned Tramway Bridge would be converted to a pedestrian overpass.

9 Anne Bransdon (2000c). 10 see Anne Bransdon & Jodi Allen (2000). 11 Carl Scully, paraphrased in Anne Bransdon & Jodi Allen (2000). 12 Cydonee Mardon (2000). 13 Lisa Carty (2000a). 14 Jodi Allen (2000).


This conversion required the transfer of private land, from both BHP and Stockland,

into public ownership. In the weeks following, Stockland announced that it would

undertake all design work necessary to facilitate the conversion.16

Figure 6: The completed Tramway Bridge conversion (looking south).17

�OR A TRAGIC EVENT CAPITALISED ON?

The announcement by Stockland that it would donate the Tramway Bridge and

eastern approach lands for conversion to a pedestrian overpass could be seen, and

would later be defended as, �the genuine gesture of a corporate citizen that had the

resources to help the local community of which it is a part� (emphasis added).18

Whether this was the overt basis for the decision, or it was an attempt to construct

such an image of the corporation in the lead-up to the public release of its proposal

for the Kuradji Sandon Point area is not of concern here. Rather, it is the implicit

15 BHP was the owner of the entire tramway route, prior to selling the tramway bridge and all land east to Stockland. 16 See David Ilife (2000a). 17 Reproduced from page 7 of the Stockland produced Sandon Point Newsletter. 18 Nick Duncan (2002a).

29

THREE

30

and non-disclosed implications for both Stockland and its proposal that I wish to

outline and expose: a tragic event capitalised on.19

The (electoral) politics enmeshed in the aftermath of the accident outside Bulli

Public School provided Stockland with the means upon which it could significantly

benefit. The in-principle agreement to convert the Tramway Bridge into a pedestrian

overpass followed the acknowledgement by the NSW Government that the bridge

was �an essential piece of public infrastructure.�20 This acknowledgement was not

publicly announced. Thus, Stockland could portray its �donation� of the bridge as

genuine gesture of a corporate citizen, rather than it being compulsorily acquired.

Further, the �order� to fast-track the assessment process of the bridge conversion

significantly reduced the amount of time available to both review any proposals and

look for alternatives. It was within these political surroundings that Stockland

prepared all design work necessary to facilitate the conversion. With media

attention focussing on the tragic accident and the political response, the ongoing

controversy over the Heritage listing of the Tramway received no attention.

As introduced in Chapter 2, the Heritage listing of the Tramway route was secretly

removed by WCC and only partially reinstated following public outrage. The

potential re-instatement of the Heritage listing would significantly affect the

Stockland proposal, reducing the amount of land potentially available for housing

and associated infrastructure. The looming public launch of the Stockland proposal

had the potential to increase public awareness and contention of the Heritage

listing. Thus, the non-disclosed basis for the �genuine gesture of a corporate citizen�

becomes apparent.

With Stockland undertaking all design work for the Tramway Bridge conversion, and

an expedited assessment process, the physical effects that the conversion would

have on the historic Tramway route thus became largely removed from public

scrutiny. This alteration/destruction of the physical links was not necessary to

provide the infrastructure needed to convert the Tramway Bridge to a pedestrian

19 I intentionally use the term capitalise here to specifically emphasise the economic determinism implicit in both this term and the wider Stockland agenda, as opposed to the goodwill implied by Stockland. 20 William Tibben (2001).


overpass.21 Thus, the conversion had further removed any (physical) basis for

reinstating the Heritage listing of the entire Tramway route, and any other attempts

aimed at protecting the remaining intact sections of the historic Tramway.

Thus, Stockland had effectively removed a significant structural/legislative hurdle to

the approval of its proposal for the Kuradji Sandon Point area under the façade of

facilitating the creation of/provision for a community amenity that the State was

unwilling to provide.22 It was during the public fanfare surrounding the �genuine

gesture of a corporate citizen� that the Stockland proposal was publicly launched.

THE CONSTRUCTION OF NATURE�

In October 2000 Stockland submitted an application to WCC for the first 14 lots of

its multi-staged residential proposal.23 Coinciding with this, it launched its proposal

into the public arena.24,25 The proposal was introduced as a development, reflecting

the interpretations and assumptions of nature embodied in the views of the

European colonisers, and dominant in western thinking. The Stockland proposal, as

a development, would improve the Kuradji Sandon Point area through the

application of scientific and technological rationality. Implicit in these views was a

mechanistic interpretation of nature and the colonising notion of the land as a terra

nullius. This will be reflected through the introduction of numerous examples, and

highlighting the bases of the interpretations and representations mobilised.

With the Stockland proposal publicly launched as a development, select features of

the Kuradji Sandon Point area became a focus of the public relations campaign. In

introducing the proposal, Stockland spokesperson Nick Duncan referred to

21 My training and professional experience as an engineer led me to this conclusion. I made inquiries regarding this with a number of other engineers, including RTA staff. It turned out that they had also come to the same conclusions. 22 Of specific significance to this comparative historical overview is that Stockland capitalised on emotion � something which underlies many of its public attacks on the local community during the later stages of the public relations campaign overviewed here. The bridge conversion was the only solution put forward, thus framing any potential opposition to the conversion, and reducing it to technical issues. 23 SPATE was established partly in response to this. 24 I use the term public arena here to describe the public release through the mainstream media. A number of technical reports were previously prepared and submitted to Wollongong City Council and other regulatory bodies that could be viewed by the public, yet I do not consider these to be in the public arena per se. 25 It was following this public launch, and the application for the first stages of the Stockland proposal, that the Sandon Point Aboriginal Tent Embassy was established.

31

THREE

32

�environmental, flooding, water quality and landscape� features of the Kuradji

Sandon Point area as �planning issues� that could be resolved through �supporting

technical reports.�26,27

Implicit to environmental, flooding, water quality and landscape features being

considered planning/technical issues is a mechanistic interpretation of, and hyper-

separation of the human identity from, a homogenised nature. This hyper-

separation forms the basis of a dualistic representation of the human and nature

relationship. Nature is treated as an inferior Other through this constructed dualism,

with the �representations involved, being those of power, often hav[ing] the power to

create their own realities� and thus can be self-reinforcing.28

Nature, as Other, is defined against the human identity through the creation of

supposed (inferior) qualities and/or the focus on, and exaggeration of, difference.

For example, the unpredictability of nature in many aspects is interpreted as

disorder and chaos. This is both implicit and explicit in the portrayal of Woodlands

Creek in the Stockland funded McCauleys Beach at Sandon Point Stormwater

Masterplan Report.29 The Stockland proposal would reduce the maximum available

width for the creek zone/riparian corridor to 35m at the eastern edge of its proposal.

The reference width of Woodland Creek at this point, (refer to Figure 4 in Chapter

2) and calculated by the Department of Land and Water Conservation (DLWC) from

reports prepared for Stockland, is 110m.30,31 The McCauleys Beach at Sandon

Point Stormwater Masterplan Report also outlined detailed design calculations for

the construction of straight, concrete, ��hard engineered� channels� that would come

26 Lisa Carty (2000b). 27 The Statement of Environmental Effects (SEE) for stage 1 was prepared by Martin Morris & Jones, the real estate agency involved in the proposal. The SEE was included in unknown (2000a), Development Application: McCauleys Beach, Rose Consulting Group, Wollongong. 28 Val Plumwood (2002); p.101. 29 unknown (2001c). 30 John Bucinskas (2003), pp. 17-18 and Figure 1. 31 It should also be noted that the buffer between stages 1-6 of the Stockland proposal and Tramway Creek had a minimum width of 6m (west of the existing coastal cycleway, Stockland have constructed a cycelway that cantilevers over the creek itself). This, and the riparian buffers on the other creeks, are significantly less than the recommendation of 40m handed down by a COI into the �Long Term Planning and Management of the Illawarra Escarpment. See William Simpson (1999).


to be the new Woodlands Creek.32 Thus, the unpredictability (disorder) of

Woodlands Creek would to be overcome.

These distinctions maximise this constructed hyper-separation through maintaining

and/or further creating discontinuities, the aim being to create a means for the

justification of different treatment of the Other. It is on this basis that the notion and

definition of terra nullius is based:

�a resource empty of its own purposes or meanings, and

hence available to be annexed for the purposes of those

supposedly identified with reason or intellect, and to be

conceived and moulded in relation to these purposes. It means

being seen as part of a sharply separate, even alien, lower

realm, whose domination is simply �natural�, flowing from nature

itself and the nature(s) of things.33

Thus, the new Woodlands Creek was conceived and moulded in relation to

purposes aligned with the notion of development, with development being

�the project of reforming the world to the master�s rational

design, creating uniformity and regular pattern, especially the

straight line, which as the shortest distance between two points,

admirably expresses the instrumentalisation of nature. Nature so

apprehended is not an independent other with which to come to

terms but a subordinate which has to be ordered to will.34

Central and implicit, and clearly implied in the description of the select features of

the Kuradji Sandon Point area as planning issues, is a confidence in the control of

nature.

In early 2001 WCC granted conditional approval for the first 14 lots (stage 1) and

rejected the application for the next five stages (stages 2-6) of the Stockland

32 see DLWC (2003), Section 3.3. 33 Val Plumwood (1993); p.4. 34 See Ibid, Chapter 3.

33

THREE

34

proposal.35,36 Stockland responded by launching an appeal in the NSW Land and

Environment Court and an intensification in its public relations campaign followed.

The �professional studies� undertaken and previously introduced as the means for

overcoming the technical and planning issues were described as being �in

accordance with the prior approvals and report requirements.�37,38

At this time, Stockland publicly made its first direct interpretations/representations

about specific features of the area and prior land use. Central to these

representations were attempts to imply a Gramscian notion of common sense:

This is not pristine land by any assessment� We purchased

the land from BHP and it has a long history of intense industrial

usage.

None of the land which will be developed is in anything like

original or natural condition and has been filled, excavated and

moved about extensively over many years.39

We honestly believe that the land usage outcome in relation to

the 41.6 per cent of the total area being earmarked for either

open space or special environmental protection represents a

very fair balance between public and private use.40,41

35 The conditional approval for the first stage was based on certain criteria being met in regards to Aboriginal and European heritage. 36 The rejection and conditional approval, of stages 2-6 and stage 1 respectively, were in direct response to community pressure. 37 Nick Duncan, paraphrased in Paul McInerny (2001a). 38 During the hearings, Stockland denied that substantial portions of an endangered ecological community � the Sydney Coastal Estuarine Swamp Forest Complex (SCESFC) along Tramway Creek would be cleared and only five trees would be removed from the �degraded area�. This contradicts the Sandon Point Flora and Fauna Assessment, with the five trees being located in what was described as the largest occurrence of SCESFC species at Kuradji Sandon Point. The overlap between the SCESFC communities and the proposed stages 1-6 is visible in Figure 3.1 of this report. 39 A number of technical reports prepared for Stockland do not support this claim. For example, despite favourable conclusions, the work of Navin Officer Heritage consultants describes a number of areas in which the natural ground surface is undisturbed. Recent reports, including that of Michael Therin & Michael Bennet (2003), also describe a number of areas in which the ground surface remains undisturbed to date � areas earmarked for housing and/or associated infrastructure by Stockland. The Sandon Point Flora and Fauna Assessment, prepared for Stockland, also contradicts this. 40 It needs to be noted here that the 41.6% here includes the entire area, not just that held by Stockland. The vast majority of the land zoned special or environmental protection was either flood prone or contained ecological communities previously protected through legislation.


Implicit in these representations, and clear in the �long history of intense industrial

usage�, is the Liberal-capitalist property formation mythology. As the land was

mixed with man�s labour, it attained value, with this value being the property of the

man whose labour created it.42,43 The Kuradji Sandon Point area is, according to

this conception, a commodity and Stockland had an ethical basis for its exploitation.

With conditional approval for Stage 1 granted, and reinforcing the confidence in its

professional studies, Stockland announced that work on stage 1 would begin within

two weeks. Thirteen days later, it was announced that work would not commence

for at least two weeks, the stated aim being to allow further negotiations to search

for a compromise.44,45 Whilst this decision was made to appear as a genuine

gesture of a corporate citizen, there were, again, non-disclosed implications for

Stockland. Without approval for stages 2-6, Stockland would face a substantial

increase in the cost of works, changes in project planning, and changes in the

designs of services provision � especially if the rejection of the application for

stages 2-6 was to stand.

In response to the rise in community opposition Stockland expanded its generalised

description of the area as �not pristine land by any assessment� and not in �anything

like original or natural condition and has been filled, excavated and moved about

extensively over many years�. More specifically, this coincided with the

establishment of a Community Picket on 3 March 2001 � prior to the announcement

that work on stage 1 was to be suspended.46

41 Nick Duncan, quoted in Paul McInerny (2001a). 42 Val Plumwood (2001) p. 21 & Val Plumwood (1993) p. 111. 43 I use the term �man� and man�s� to highlight the patriarchal basis for many of the interpretations and representations that are dominant in western society. 44 Geoff Failes (2001). 45 Paul McInerny (2001b). 46 The community picket, supported by a South Coast Labor Council (SCLC) �black� ban and SPATE, began as a caravan located on public land adjacent to the first stage of the Stockland proposal (between te norther end of Hill Street and the coastal cycleway � refer to ). It was established as a visible physical presence, meeting place, and a means to disseminate information and promote alternatives to the Stockland proposal. A tent area was soon added around the original structure. It is staffed 24 hours a day, seven days a week. Despite threats of legal action, an attempted firebombing, and a number of assaults on community members at the picket, it is still in place at the time of writing, more than 2½ years later. The actions of the SCLC, specifically the support given to the Valentines Day Blockade, received attention at a Royal Commission on Trade Unions established by the federal government.

Figure A1.1

35

THREE

36

Following a deferment of the final approval of stage 1 by WCC, Stockland launched

another appeal in the NSW Land and Environment Court. The two appeals, both

successful, were heard by November 2001.47

THE BEST INTERESTS OF THE COMMUNITY AT HEART

With the two court cases pending, media attention around the dispute increased.

Stockland immediately made attempts to portray itself as a part of the local

community that had contributed to the area. Further, its proposal for the Kuradji

Sandon Point area was another way in which it could positively contribute:

Stockland is no newcomer to the Illawarra region.

In the 1960s, it developed one of Wollongong's best known

landmarks - Piccadilly Arcade in Crown St.

Since then Stockland has gone on to develop several residential

developments in Mt Keira and Bellambi, and more recently, the

Woodbridge Estate at Albion Park and the highly successful

Highland Glen residential development in Bowral.

�the Sandon Point development represented a total investment

of about $85 million which would provide up to 1600 jobs.

We have invested a great deal of money in the region over the

years and we hope that relationship continues.48

To imply that its proposal was common sense, non-controversial, and a means to

progress supported by publicly elected bodies, the Kuradji Sandon Point area was

described as

�former industrial land that fitted perfectly the concept and

47 The case mounted by WCC is a point of contention, and worthy of study in itself. Of the 21 points included in the original brief, only two were defended in court, with evidence compiled by both NIRAG and SPATE denied inclusion. 48 Nick Duncan, paraphrased and quoted in anonymous (2001a).


philosophy of state and local government urban consolidation

policies.49

Coinciding with the announcement that it would start work on stage 1 (in February

2001), and the launch of its challenge in the NSW Land and Environment Court

regarding the WCC refusal of stages 2-6, Stockland made its first, of many,

attempts to imply public support for its proposal. It was stated that

�marketing agents Martin Morris and Jones had received

numerous expressions of interest in land being offered in stage

one, particularly from people in Wollongong� and land sales

are expected to commence in May (emphasis added).50

Further to this, Stockland also implied it had the best interests of the community at

heart and that its proposal was essential to meet desired outcomes:

Substantial funds will be required to restore and embellish the

significant sections of land set aside for the public.

Without the balance of residential development it is unlikely

these large areas of open space will be able to be restored and

enhanced for future passive use by the local community.51,52

The use of specific terminology here also needs to be noted. The terms �embellish�

and �enhance� imply that the Stockland proposal is an improvement, whilst the use

of the term �passive� to describe the future community use indicates a level of

pragmatism. It implies that the land should not be overused, indicating quasi-

support for environmental protection whilst also indicating to potential customers

that the land adjacent to their properties will only be quasi-public space.

49 Nick Duncan, quoted in Ibid. 50 Nick Duncan, paraphrased and quoted in Paul McInerny (2001a). 51 Nick Duncan, quoted in Ibid. 52 At this time that it was also publicly announced that work on the Tramway Bridge conversion was about to commence

37

THREE

38

Stockland repeatedly referred to the implied community benefits of its proposal.

Following the successful appeals in the NSW Land and Environment Court,

Stockland stated that its �intention was to undertake a quality development with

improved outcomes for the community.�53 The potential increase in local

employment was oft-stated, more so following the realisation that Cooksons would

be forced to close should the Stockland proposal proceed.54 Thus, the dynamic,

responsive and pragmatic nature of the public relations campaign was again

illustrated.

THE �FARCILITATION� PROCESS

In late 2001 the SCLC held discussions with Stockland, WCC and community

representatives aimed at establishing a non-adversarial mediated process for

discussions about the future of the Kuradji Sandon Point area.55 In January 2002

Rick Farley was appointed by WCC to facilitate these discussions, with the first

process meeting held on the 30th.56 The process was short lived.57 Nine days

following the first meeting, after overcoming the final legislative hurdles, Stockland

announced it would commence work on stages 1-6 within a week.58,59 Stockland

cited �commercial pressures� as the reason behind the planned commencement of

work, yet stated that it had always �reserved the right'' to press on with stages 1-

6�.60

Despite Stockland claiming that stages 1-6 were not on the agenda of the

facilitation process, many members of the local community viewed the

announcement as �an act of treachery from Stockland which has effectively

53 Nick Duncan, paraphrased in David Illife (2001b). 54 The Cookson site was rezoned from extractive (ie: heavy) industrial to light industrial in 1996 without consultation with the company. Cookson, and subsequently the local community, became aware of this through an informal discussion with a council staff member in 2002. This rezoning, alongside false and misleading information provided to the NSW Land and Environment Court by both WCC and Stockland, were crucial to the approval of stages 2-6 of the Stockland proposal. 55 David Illife (2001c). 56 For a background on Rick Farley, see Lisa Carty (2002a). 57 Meetings continued after this date, yet community faith in the process was lost. 58 Lisa Carty (2002b). 59 The final barrier were a number of Section 90 consents to destroy an Aboriginal site under the NSW National Parks and Wildlife Act. The s90 consents were and still are an issue of contention, including numerous ongoing SPATE legal challenges. 60 Lisa Carty (2002b).


sabotaged the process.�61 Rick Farley was of the opinion that the process �would

review the whole site, including stages one to six.�62 NSW Planning Minster Andrew

Refshauge expressed disappointment in the breakdown after refusing to previously

become involved. In response to the community outrage Stockland reiterated that it

remained committed to the process for the remainder of the Kuradji Sandon Point

area. It was also stated that

[s]tages one to six are not on the agenda for facilitation; they

have been dealt with under the appropriate legislation and

consent has been granted. It is now time to move on.63

UNAUSTRALIAN, DISGRACEFUL, EMOTIVE & FANATICAL

Alongside the first attempts to imply public support for its proposal (in February

2001), Stockland also made its initial attempts to demonise the local community.

Contrasted to the claims of local interest in land sales, opposition to the Stockland

proposal was described as originating from a �vocal minority� of �people who simply

aren't prepared to accept the process no matter how detailed the assessment.64,65

This was extended further to implying that the local residents who attended the

WCC meeting in which conditional approval was granted for stage 1 were resorting

to underhanded tactics:

The company is sorry to learn that at the council meeting on

Monday night people resorted to intimidation and bullying tactics

in an attempt to frustrate the process.66

61 Arthur Rorris, secretary of the SCLC, quoted in Lisa Carty (2002b). 62 Rick Farley paraphrased in Lisa Carty (2002b). 63 Lisa Carty (2002c). 64 See, for example, Illawarra Business Chamber president Terry Wetheral paraphrased in anonymous (2002a). 65 Nick Duncan, quoted in Paul McInerny (2001a). 66 Ibid.

39

THREE

Following announcement that it would commence work on stages 1-6 in early

February (2002), the local community made preparations to blockade the

construction entrance to the site.67

Figure 7: Valentine�s Day Blockade.

On 11 February, members of the local community noted the arrival of armed

security guards. In response, the community�s �phone tree� was activated, a

marquee was borrowed from the Sandon Point Surf Club and set up at the

construction entrance. A number of tents followed. At 5am the next morning,

construction workers and heavy machinery arrived. Blocking their path were parked

cars surrounded by several hundred local residents. The Blockade lasted for three

days. On February 14, Valentine�s Day, police began to amass on the corner of

Point Street and the Princes Highway.

At midday, a large contingent of police marched in formation east along Point Street

to the blockade site. As the police approached, Uncle Guboo asked for assistance

67 The construction entrance is located adjacent to the intersection of Point and Hobart Streets, east of the Illawarra rail line in the south-western corner of the Kuradji Sandon Point area. Refer to for the exact location.

Figure A1.1

40


from his wheel chair so he could stand and face them. On their arrival, the police

proceeded to request that each person blocking access stand aside or face arrest.

Figure 8: The Police Move in.

The first removed were teenagers perched atop a truck, followed by a local surfing

identity chained to the truck�s undercarriage. One-by-one the local residents were

taken away, escorted to the Bulli Police station (specially re-opened for the day),

before a crane was used to remove the last person from atop a tripod.68

Approximately 55 local residents were arrested, receiving official cautions.69

At the onset of the blockade, Stockland made repeated claims regarding what it

referred to as its �lawful right to enter the land� as �appropriate legislation and

consent has been granted.�70,71 On 13 February, SPATE applied for a stop-work

injunction in the NSW Supreme Court.72 This was referred to the NSW Land and

68 A tripod is a three-pole structure in which a person is perched at the apex. They are designed to block road access whilst being high enough so that a crane is required to remove the person on top. 69 Many of those escorted to Bulli Police Station, located only a short distance away, rejoined the blockade after receiving their caution. 70 Paul Hedge, Project Manager for Stockland, quoted in Lisa Carty (2002c). 71 Nick Duncan, quoted in Lisa Carty (2002c). 72 On the 13th, meetings were also held with Carl Scully, the NSW Planning Minister. He refused to intervene on stages 1-6. See Lisa Carty (2002d).

41

THREE

42

Environment Court, with the hearing scheduled for the next day. Whilst the case

was being heard in the NSW Land and Environment Court, Nick Duncan (via

phone) asked police to remove the blockade. He claimed that �Stockland had no

choice but to call for police help to assert its legal right to get onto its land�.73 Less

than three hours later, SPATE were granted a stop work injunction, and all

machinery was ordered removed from the Kuradji Sandon Point area.

The Stockland public relations response to the Valentine�s Day Blockade, and the

views espoused by the local community, took the form of a forum piece printed in

the Illawarra Mercury on 1 March. Nick Duncan, Stockland Residential Estates

Manager, was listed as the author.74 The Stockland proposal was no longer

described as being merely a development that would provide benefits to the local

community; it had become a �plan that is environmentally and socially sustainable�.

Alongside this description of its proposal, and the positive connotations for its

corporate image, the community concerns were dismissed as irrational:

Sadly, the facts about Sandon Point have been lost in the

emotion of the issue (emphasis added).

Nick Duncan described the events and actions surrounding the community

blockade as un-Australian:

We expected people would demonstrate and block our entry

when we decided to start work, given the picket line that had

been situated on public land for months. But what we did not

expect was the hatred shown to us on February 21 [sic].75

Is it the Australian �fair go� to scream abuse at those you

oppose? To spit at people simply doing their job? Or to stone

valuable machinery?

I think I speak for the vast majority of people who live in

73 Nick Duncan, paraphrased in Lisa Carty (2002e). 74 Nick Duncan (2002a). 75 The date in question was February 14, not February 21 as stated by Nick Duncan.


Wollongong, including those who may not be in favour of the

Sandon Point project, when I say we were appalled at what was

seen on television screens that night It was a disgraceful action

that did the demonstrators no good.

The publication of the forum piece coincided with the launch and public reporting of

scale models of the Stockland proposal.76 The media surrounding the launch of

these models indicated the aims:

There has been a lot of community comment - much of it

emotional, only a little of it based on fact - and opponents are

claiming things that just aren't true.77

Following the 2 May dismissal of the court injunction granted on 14 February,

Stockland publicly implied that its stance was vindicated. As �an impartial court had

determined the correct procedures were followed� Stockland

hoped the sort of violent demonstration that occurred in

February, when contractors tried to move machinery onto the

site, would not happen again.

Stockland had always respected the rights of people to oppose

the development.

The company realised people had become emotionally attached

to the land, but it was now time to "accept the umpire's

decision".78

Attempts by Stockland to commence works were again hampered by local

residents, with a large contingent of local residents removing fences erected around

the stages 1-6 area and entering the site on 20 May.79 The immediate response

76 The scale model was displayed at a number of Wollongong shopping centres. It was accompanied by a woman in a red dress requesting signatures on a petition supporting the Stockland proposal. 77 Nick Duncan, quoted in anonymous (2002b). 78 Nick Duncan, quoted and paraphrased in Jenny Dennis (2002a). 79 The day before, prior to Stockland breaking the earth, Uncle Guboo passed away.

43

THREE

44

from Stockland described the community�s actions as �disgusting� and that �sensible

and peaceful protest seemed to be the furthest thing from the minds of the

demonstrators.� Further, what took place was

�a repeat of the disgraceful actions of February 14 but what

made today's event even more worrying was that schoolchildren

were there and took part in the vandalism of private property.

Thus, Nick Duncan affirmed, �the majority of the Wollongong community would be

appalled by yesterday's fracas.� He also �attacked parents who had apparently

condoned the presence of their children "at an event that everyone expected to be

violent"�.80 Three days later, a Letter to the Editor published in the Illawarra Mercury

attributed to Nick Duncan adopted a different approach, being typified by a

Habermasean notion of the force of better argument:

NOW is probably an appropriate time for those opposing the

Sandon Point development to take stock of the issue.

I appreciate that those people who are against the project feel

they have a genuine grievance, and I support their right to

continue their protest, but the facts of the Sandon Point project

speak for themselves.

Planning approval was granted for the project after the

appropriate steps were taken - all in a transparent and legal way

and open to public scrutiny and comment.

An injunction which halted work for several weeks was

dismissed by a judge of the Land and Environment Court after

many days of evidence and Stockland's right to develop the site

was upheld.

Since then the community picket's calls for intervention to four

NSW ministers - including the deputy premier and planning

80 Nick Duncan, quoted in Lisa Carty (2002f).


minister - have been fruitless.

Is it now not time for those who opposed Sandon Point to ask

themselves are they really the only ones who have right on their

side and that everyone else who supports the project is wrong?

Surely they can see that these independent umpires - a member

of the judiciary and four responsible ministers of the Crown

acting on the expert advice of impartial departmental officers are

telling it as it is.

I appeal to those who oppose Sandon Point to accept the fact

that the project is legal, that it will not harm the environment, that

areas of significant Aboriginal cultural heritage will be protected,

that there will be no building on the point or near the foreshore

and that it will feature high quality, low rise and medium density

housing.

The scale model that Stockland has put out for public scrutiny

shows the project exactly as it will be. Claims by opponents that

it is wrong and that true distances somehow have been

disguised to support Stockland's case cannot be sustained. It is

a scale model.81

Following attempts by the local community to stop work on 22 and 27 May, the

tactics of the Stockland public relations campaign reverted to direct attacks on the

local community:

I find them an extraordinary group of fanatics who are obviously

unable to express themselves in any other form.82

81 Nick Duncan (2002c). 82 Nick Duncan, quoted in Jenny Dennis (2002b).

45

THREE

46

This reaffirmed the dualistic representation of the implied emotive basis for the

community�s views as opposed to the factual and rational Stockland proposal. The

notion of the force of the better argument was again implicit:

�behind the emotion, when people analysed the facts, they

realised what Stockland was doing at Sandon Point was "right

and proper".83

These were the last two public direct actions taken by members of the local

community at Kuradji Sandon Point, with the focus of the community campaign

shifting to judicial and direct political pressure.84

THE (RE)CONSTRUCTION OF NATURE

The Stockland scale models provide a definitive illustration of the mechanistic

interpretation of nature that underlies the Stockland proposal. It provides a visual

representation of the order that would be imposed on the disordered nature. A

photograph of one of these scale models is reproduced as Figure 9.

The re-naturalised Woodland Creek, as a straight channel (in the middle of the

model), as outlined in the McCauleys Beach at Sandon Point Stormwater

Masterplan Report, as well as the street geometry and designated green spaces,

specifically illustrate this.

83 Nick Duncan, paraphrased in Ibid. 84 At these two actions, 17 arrests were made. A major factor in the cessation of public direct action was the rapid large-scale response of the state, later described by Justice Walker to be excessive and a potential abuse of police powers. Other non-public direct actions continued, including regular dismantling of sections of the perimeter fence erected by Stockland and graffiti, although generally carried out at night.


Figure 9: Stockland scale model.85

On 15 May, a full colour 8-page newsletter was delivered to residents of the

northern suburbs.86 The aims of the Sandon Point Newsletter, as it was titled, was

indicated in the opening three paragraphs:

Welcome to the first edition of the Sandon Point Newsletter.

This newsletter has been designed to keep the Wollongong

Community informed on key matters and issues relating to the

development and refurbishment of this site. 85 Original photo David Tease. Reproduced from Illawarra Mercury, 3 May; p. 4. 86 For the six weeks leading up to the delivery of this newsletter, the local community had undertaken preparations for its own newsletter: The Sandon Point. It was at the printers when the Stockland newsletter was delivered.

47

THREE

The Sandon Point Newsletter will report the facts to the local

community plus display why it is so important for Wollongong

that this development proceeds [emphasis added].87

Included on the back page of the newsletter was a diagram titled �the site�. This

diagram is reproduced as Figure 10, with slight modifications designed to improve

readability.

Figure 10: The Stockland proposal, May 2002.

87 anonymous (2002d).

48


The portrayals of the land provided in this newsletter expanded and redefined those

already publicly stated. In the centre spread of the newsletter, sub-titled McCauleys

Beach at Sandon Point will become a magnificent showcase of the Illawarra

Coastline, the Kuradji Sandon Point area, further to not being �in anything like

original or natural condition�, was described as a �highly contaminated industrial

wasteland� with �degenerated creek systems, [and] flood prone lowlands�.88

Instrumental views of nature were again implicit:

The polluted creeks will be cleaned up and user-friendly open

space parklands will be created. At present few people would

venture far from the cycleway into the weeds.

Stockland will spend hundreds of thousands of dollars improving

the area. The company will also provide cycleways and pleasant

pedestrian links to the coast zone, Illawarra Escarpment and

surrounding community (emphasis added).89

DENIALS, DIVERSIONS, AND A REITERATION OF PROCESS.

In response to the shift in focus of the community campaign, the implied rational

basis of the Stockland proposal, as opposed to the emotive basis of community

concerns, became a major strategy of the Stockland public relations campaign. A

number of court challenges were launched by SPATE and the local community

questioning the validity of regulatory approvals, highlighting breaches of the

conditions of consent handed down by the NSW Land and Environment Court, and

indicating works carried out without required consents or approvals. With each

successive case being ruled out, despite �technical breaches� being found,

Stockland repeatedly referred to an independent umpire finding in their favour.90,91

88 anonymous (2002f). 89 ibid. 90 see, for example, Jody Duffy (2002). 91 Coinciding with a number of these court challenges were a number of attacks on the local community. The Community picket was firebombed twice, and two community members assaulted (one at the community picket, and the other on the cycleway whilst photographing illegal works).

49

THREE

50

Whilst maintaining judicial pressure, the local community increased its focus on

political pressure. Following the resignation of WCC Lord Mayor and ALP member

George Harrison on July 25, Michael Organ, a well-known and respected member

of the local community heavily involved in the campaign ran in the subsequent

election. At this time, the community had held discussions with the National

Heritage Trust regarding the potential inclusion of the Kuradji Sandon Point area on

its Endangered Place list for 2003. To coincide with the public announcement of the

listing on Thursday 22 August, a public rally was organised at Sandon Point for the

following Saturday.92 The Stockland response to the listing was twofold. Initially:

the company had not been informed of the decision to list

Sandon Point, or which segments of land the listing referred to.

I presume the trust has listed the point, which in my

understanding is in public ownership, and if that's the case the

listing is wonderful.

However, none of Stockland's land is part of the listing that we

are aware of.93

Immediately following the rally, Stockland publicly attacked the local community,

diverting attention away from the listing. It was claimed that, through the

community�s Sandon Point website,

�that protesters are inviting opponents of the controversial

development to visit senior employees' homes.

This was further expanded:

To suggest people take their fight to my home and involve my

family, including young children, is disgraceful and beyond

92 Discussion between the local community and the Australian Council of National Trusts, discussions that facilitated the listing, began in late April. The community were aware of the inclusion of the Kuradji Sandon Point area well in advance, and organised the public meeting to coincide with the announcement of the inclusion. 93 Nick Duncan, paraphrased and quoted in Louise Turk & Geraldine O'Brien (2003).


contempt.

Given the violence that occurs at the protests I fear what some

hotheads could do if they came to my and other staff members'

homes.94

Alongside these claims, the webdesigner was threatened with legal action.95

At the public rally, in response to the heightened political pressure, the looming bi-

election for the seat of Cunningham, and the state election scheduled for early

2003, the sitting state member for Keira, David Campbell, also an ALP member,

announced that he would formally request a Commission of Inquiry (COI) into the

remaining sections of the Kuradji Sandon Pont area.96 Less than one-month prior,

he had refused to intervene, describing the dispute as a council issue.97

Andrew Refshauge, the Minister for Planning �had made no decision about Mr

Campbell's letter but was not ruling anything out.�98 The Stockland response

reiterated the notions of due process, upon which it claimed its proposal was based:

Stockland residential estates manager Nick Duncan said

whatever happened, his company would operate within planning

guidelines set by consent authorities.

Nick Duncan again attempted to divert public attention:

He said he was more concerned at present by the Sandon Point

protest web site which had urged people to protest to company

officials at their homes.99

94 Nick Duncan, quoted in Geoff Failes (2002c). 95 This type of action is often referred to as a Strategic Lawsuit Against Public Participation (SLAPP). See, for example, Sharon Beder (1997) and Andrew Rowell (1996). Stockland also made a number of attempts to �secure costs� during the numerous court challenges launched by SPATE and the local community. These are another form of SLAPPs. 96 Geoff Failes (2002b). 97 David Campbell was WCC Lord Mayor at the time of the rezoning of the Kuradji Sandon Point area. 98 Andrew Refshauge, paraphrased in Geoff Failes (2002e). 99 Nick Duncan, paraphrased in Ibid.

51

THREE

52

CUNNINGHAM AND THE COI

Less than two weeks following the resignation of George Harrison, Stephen Martin,

the federal MP for Cunningham, also a member of the ALP, resigned. Following a

strong showing in the election for Lord Mayor, winning a number of booths outright

in the northern suburbs, Michael Organ was preselected to run for the Greens in the

Cunningham bi-election. The bi-election was held on Saturday 19 September, with

Michael Organ becoming the first member of the Greens to be elected to the Lower

House in Australia and only the second candidate not from one of the major parties.

The dispute over the future of the Kuradji Sandon Point area was a significant factor

in the result.100,101

One month later, Andrew Refshauge announced that a COI would be held into the

remainder of the Kuradji Sandon Point area.102 The terms of reference for the COI

were listed as:

To make recommendations on the preferred land uses, planning

outcomes and management options, for the land as shown

edged heavy black on the map identified as Attachment A

(dated November 2002), having regard to its values and

constraints in the broader context of the surrounding urban and

non urban environment [emphasis added].

In a letter to Rod Oxley, the General Manager of WCC, sent on 30 October 2002,

Andrew Refshauge stated that

In making my decision I am mindful of the significant

environmental, heritage and recreational values of the site. I am

100 No single factor can be separated. For a concise overview of a number of these factors, albeit without discussion of the impacts of the Lord Mayoral election and specific issues with the ALP dominated WCC, see Scott Bennet (2002). 101 Immediately following the ALP loss in the bi-election, the state government reversed a previous controversial decision to sell off Callan Park for housing. Callan Park was site of a former hospital and comprised large tracts of open space. Amongst the celebrations were calls to rename the area Cunningham Green. 102 Prior to the announcement, a community-funded report by Professor Peter Hiscock, head of Archaeology at the Australian National University, was publicly released. The report criticised the work of Navin Officer Heritage Consultants, the archaeologists employed by Stockland to carry out investigations at Kuradji Sandon Point, and described the area as potentially being one of the most significant Aboriginal sites in Australia. Colin Salter (2002) is an analysis of the subsequent dispute. Navin Officer has since resigned from its position with Stockland.


particularly concerned about issues of Aboriginal heritage,

riparian and floodplain management, and the protection of

ecological communities.103

The map indicating the boundary of the area to be considered in the COI, referred

to as �Attachment A�, is reproduced as Figure 11.104

Figure 11: Area subject to COI.

As the map indicates, stages 1-6 of the Stockland proposal were specifically

excluded from the COI process.

The Stockland response to the announcement again reaffirmed the previously

implied accordance with prior statutory approvals and requirements:

103 Andrew Refshauge MP (2002). 104 Attachment A is (currently) available for download from the Commissioners of Inquiry website: www.coi.nsw.gov.au. The map was supplied with the notice of the COI. See, for example, page 16 of the Illawarra Mercury on 12 December 2000.

53

http://www.coi.nsw.gov.au/

THREE

54

We would expect that would follow an appropriate planning

process and enable us to ultimately proceed with our

development reasonably quickly.

Mr Duncan said Stockland had followed due process since it

began the Sandon Point project.

All they (COI) are doing is checking and ensuring that all

processes are being followed appropriately and that the land will

be developed in the appropriate manner," he said. "We're

confident that that will be the ultimate outcome.

Mr Duncan said Stockland always "undertake our activities in a

professional manner and use the most professional consultants

available.�105

Scheduled hearings for the COI commenced on 3 March 2003. The Stockland

submission to the COI included a new draft masterplan. The Stockland proposal for

the site had changed. Further to acknowledging that it proposed to convert the

Cooksons site to residential, the exact nature of the proposed housing was publicly

indicated for the first time.106 The areas designated for apartments indicated in

Figure 12 would consist of structures ranging from three to five storys. Forty

structures would be greater the 3 storeys, which would require an amendment to

the current LEP.107

Drawings supplied with the COI submission were dated February 2003. The new

draft masterplan is reproduced as Figure 12.

Following the presentations at the initial COI hearings, all participants were given

the opportunity to address issues raised. In its presentation at the session in reply,

a Stockland diagram of its proposal included the words �regional park� to describe

the coastal zone that, under current planning laws, it would be unable to build on.

105 Nick Duncan, paraphrased and quoted in Geoff Failes (2002d). 106 Stockland COI submission 107 anonymous (2003).


Figure 12: The Stockland proposal, February 2003.108

108 reproduced, and modified, from unknown (2003).

55

THREE

56

CONTEXT AS�

As this overview illustrates, the strategies and tactics adopted by Stockland were

dynamic, responsive and pragmatic. Its responses to the oft sporadic community

actions indicate what can be described as part of �proactive and pre-planned

strateg[ies]� and �[d]amage limitation exercises�.109 Both the interpretations and

representations of nature espoused, and the implied emotive basis of community

views, central to the Stockland public relations campaign illustrate this.

The context of Stockland�s actions is crucial. Beginning with the dynamic and

responsive ostensibly genuine gesture, the interpretations and representations of

the Kuradji Sandon Point area, and the introduction of its proposal, Stockland

effectively constructed the initial context in which it would launch its proposal whilst

launching that proposal.

With changes in context, often directly resulting from community actions, the

Stockland public relations campaign adapted. From attempts to further portray itself

as a part of the local community and its proposal as common sense, non-

controversial, and essential to meet community needs, to indicating a willingness to

compromise and redefinitions of its proposal as environmentally and socially

sustainable, the dynamic, responsive and pragmatic nature of the Stockland public

relations campaign is implicit.

At the centre of these shifts in interpretations, representations and portrayals was

the implied rational basis of the Stockland proposal. The following chapter builds on

the bases of the why introduced here through analysing the how. It comprises a

deeper analysis of this implied rationality, its dependence on context and what

enabled Stockland to, in the public arena, define and re-define realities: the

exercise of power.

109 Denise Deegan (2001).

four POWER AS CONTEXT FOR THE (RE)CONSTRUCTION OF REALITIES

"What are they going to do? Are people going to start running our country and

telling us how to do things?"

Nick Duncan, Residential Estates Manager, Stockland Trust Group.1

The preceding chapter told the story of the Stockland public relations campaign,

albeit with limited theoretical analyses, providing the foundation for understanding

the why. This chapter considers the how and why. The story is revisited, this time

focussing on the exercise of power, its implications, and the strategies and tactics

employed.

In keeping with the style of the preceding chapters, this analysis follows a loosely

chronological path. The aim is to follow events as they unfold, taking into account

specific contexts as they emerge and/or evolve. Providing a thorough analysis,

indicating the recurrent themes of the strategies and tactics adopted, necessitates

substantial overlaps through each section.

THE APPROACH

The effectiveness of the Stockland public relations campaign is inextricably linked

to the exercise of power. As Friedrich Nietzsche and Michel Foucault have

1 quoted in Jenny Dennis (2002b).

57

FOUR

58

demonstrated, both rationality and power and knowledge and power are analytically

and politically inseparable.2 Thus, the relationships between these phenomena are

dependent on context, and in need of empirical analysis.

Michel Foucault has described an effective approach to address the exercise of

power:

to criticise the working of institutions which appear to be both

neutral and independent; to criticise them in such a manner that

the political violence which has always exercised itself obscurely

through them will be unmasked, so that one can fight them.3

This approach, reworded, forms the basis of this chapter:

to criticise the working of Stockland which portrays itself

through its public relations campaign to be both neutral and

independent, and its proposal to be both beneficial to, and

essential for, the local community and environment; to criticise

the Stockland public relations campaign in such a manner that

the strategies and tactics adopted and exercised obscurely will

be unmasked, so that it is exposed.

Thus, this chapter, corresponding with the partisan nature of this intervention-

oriented research, specifically focuses on the exercise of power as restrictive and

negative.

KNOWLEDGE AND POWER

In contrast to Francis Bacon�s Knowledge is Power, the ability to define what

constitutes knowledge is central to the exercise of power. An ability to exercise

power can be severely affected by the pursuit of knowledge and, thus, the pursuit of

knowledge can be detrimental and an obstacle to both the achievement of goals

and the further exercise of power. The dictum Knowledge is Power can thus be

2 See Bent Flyvbjerg (1998); p. 6, on Friedrich Nietzsche and Michel Foucault. 3 Michel Foucault (1974); p. 3 of part 2 (online).

POWER AS CONTEXT FOR THE (RE)CONSTRUCTION OF REALITIES

rephrased as power is knowledge or, more specifically, power defines (what counts

as) knowledge.

The definition of what counts as knowledge can be further extended to define

knowledge into two distinct and separate realms: the superior realm of knowledge

determined through implied rational means; and pseudo-knowledge based on

emotion. Through the construction and promotion of this dualistic representation, a

basis for defining what counts as knowledge is constructed. Thus, what is

considered favourable to one�s own ends is sought out and defined as knowledge.

That which is non-favourable is either not sought out, or defined as pseudo-

knowledge: irrational and/or based on emotion.

With the exercise of power having the ability to define knowledge; what is rational,

and pseudo-knowledge; the emotive and thus irrational, specific realties can be

effectively defined. This manifest itself in attempts �to make one�s own view of the

world the very world[s] in which others live.�4 To facilitate this, the exercise of

power:

often finds ignorance, deception, self-deception,

rationalizations, and lies more useful for its purposes than

truth�5

Further to the ability to define knowledge, what was once branded as irrational can

be redefined rational. Thus, dynamic shifts that occur in one�s own view of the world

are reflected in attempts to implicate these changes in the very worlds in which

others live. This is a major indication of the dynamic, responsive and pragmatic

nature of the Stockland public relations campaign.

THE FUNDAMENTALITY OF CONTEXT

Fundamental to the actions of Stockland, and the effectiveness of these actions

throughout its public relations campaigns to date, is context. The Stockland

4 Bent Flyvbjerg (1998); p. 36, on Friedrich Nietzsche. 5 Ibid; p. 38.

59

FOUR

60

announcement that it would donate the historic Tramway Bridge and approach

lands for a pedestrian overpass, and the subsequent announcement that it would

undertake all design work necessary for its conversion, typifies the fundamentality

of context to the Stockland public relations campaign. A statement by Nick Duncan

provides a rare insight into the crucial significance of context to the Stockland public

relations campaign, and I will introduce this first.

After many declined invitations, Stockland agreed to its first interview. This took

place in April 2001 on ABC (radio) Illawarra, with Nick Duncan interviewed by Tony

Arthur. The interview began with Tony querying why Stockland had previously

declined numerous invitations to be interviewed, and asking why this invitation had

been accepted. Nick Duncan responded with:

Generally our policy is that we stay fairly low and we work with

issues at hand on any particular project. We�ve done that to

date. We generally don�t go out into the broader� ar, er.. media

methods of communicating our story. However, it appears

there�s a certain amount of controversy about this project and

we need to be seen to provide that information to the broader

community [emphasis added].6

Thus, it could be assumed that if the level of controversy was low, Stockland would

not have considered that a need to be seen to be providing information about its

proposal existed.

Returning now to the Stockland announcement that it would donate the historic

Tramway Bridge for conversion to a pedestrian overpass, the socio-political context

at the time was of crucial import. As outlined in Chapter 3, the in-principle

agreement to convert to the Tramway Bridge into a pedestrian overpass followed

the acknowledgement by the NSW Government that the bridge was �an essential

piece of public infrastructure.�7 As its acknowledgement was not publicly stated

Stockland could portray its �donation� of the bridge as the genuine gesture of a

6 Nick Duncan, interviewed by Tony Arthur, AM program, ABC Illawarra, Tuesday 10 April, 2001 7 William Tibben (2001).


corporate citizen, rather than acquiescence to a requirement of the State

Government.

The importance of context was again illustrated, only weeks later, when Stockland

announced that it would undertake all design work necessary for the conversion of

the bridge to a pedestrian overpass. This public announcement followed Carl

Scully�s Ministerial directive to the RTA to �fast-track its assessment of having

children use the former railway bridge as a pedestrian access across the highway.�8

Both the presentations of the Stockland proposal and the ways in which the Kuradji

Sandon Point area was portrayed further indicate the context dependence of the

strategies and tactics adopted by Stockland during its public relations campaign.

The way in which its proposal was described and the interpretations and

representations of the Kuradji Sandon Point area cannot be separated. As outlined

in Chapter 3, the Stockland proposal was initially introduced as a development.

Alongside and implicit in this introduction, were mechanistic interpretations and

representations of nature that reflected the views of the European colonisers.

In response to increasing controversy, the way in which Stockland presented its

proposal, and its representations of the Kuradji Sandon Point area, changed. The

initial changes reflect the dynamic and responsive nature of the Stockland public

relations campaign, mirroring the rationales indicated in the ABC Illawarra radio

interview: the changes reflected a perceived need to be seen to be providing more

information to the broader community. The scientific and technical reports were

described as professional studies that were in accordance with statutory

requirements, rather than providing detailed analyses.

The corresponding changes in the representations of the Kuradji Sandon Point area

more specifically illustrate context dependence. In direct contrast to community

calls to protect the area, and aimed at undermining the community representations

of the area, Stockland described the area as �not pristine land by any assessment�

and �not in anything like original or natural condition.�

8 Carl Scully, paraphrased in Anne Bransdon & Jodi Allen (2000),

61

FOUR

62

Following the community blockade on Valentine�s Day, Stockland again modified its

representations of the Kuradji Sandon Point area and the way it presented its

proposal. The �highly contaminated industrial wasteland� with �degenerated creek

systems, [and] flood prone lowlands� would be transformed into �a magnificent

showcase of the Illawarra Coastline.�9 The descriptions of the Stockland proposal

illustrate the context dependence of the public relations campaign. It signalled the

first attempts by Stockland to co-opt select features of alternate proposals identified

by the local community: in spending �hundreds of thousands of dollars improving

the area� Stockland would extend the existing cycleway to the Illawarra escarpment

� an idea touted by the local community long before the Stockland proposal was

envisaged.10

Stockland also made another attempt to co-opt select features of alternative

proposals identified by the local community. The context of this attempt was

increased concerns regarding the Stockland proposal following the Stockland

submission to the COI. This submission, for the first time, publicly outlined the

extent and exact nature of the Stockland proposal. At the Session in Reply (SIR) to

the COI, Stockland re-displayed its proposal. This time, the term �Regional Park�

was included to refer to the eastern portions of the Kuradji Sandon Point area.11

Attempts by Stockland to represent itself in a positive way were also dependant on

context, undergoing a number of shifts. Following the self-described genuine

gesture of a corporate citizen that was linked to the conversion of the Tramway

Bridge, the next attempt to construct a favourable public image followed the WCC

conditional approval for stage 1 and rejection of stages 2-6. Further to what

Stockland were proposing being described as in accordance with statutory

requirements, it was portrayed as a �very fair balance between public and private

use.�12 The context was the launch of court action against WCC.

Alongside these representations of itself, through its proposal, Stockland attempted

to again portray itself, through its actions, as a responsible corporate citizen.

9 anonymous (2002f). 10 ibid. 11 I will return to, and outline, the basis and implications of this later in the chapter. 12 Nick Duncan, quoted in Paul McInerny (2001a).


Following the public announcement that it would commence work on stage 1,

Stockland deferred this commencement, indicating that this decision was based on

allowing time for further negotiations to search for a compromise. The non-

disclosed context of this decision, as outlined in Chapter 3, was the increased

expenses and construction difficulties Stockland would face without the approval for

stages 2-6.

With the court actions pending, Stockland attempted to portray itself, both

independently and linked to its proposal for the Kuradji Sandon Point area, as a

responsible corporate citizen. Previous projects it was involved with, and the

economic spin-offs of these, were publicly stated. It described the Piccadilly Arcade

that it built in the 1960�s as �one of Wollongong CBD�s best known landmarks.� It

was not mentioned that many of the shops in this complex have been tenant-less

for a number of years. Stockland also stated that it wanted the �relationship� it had

with the region, in which it had �invested a great deal of money� over the years�, to

continue.13 In expanding on this relationship, Stockland implied that it had the best

interests of the community at heart: its proposal was essential to realisation of

community goals for the Kuradji Sandon Point area. It was stated that the funds

�required to restore and embellish� select sections of the Kuradji Sandon Point area

could only be provided through the Stockland proposal in its entirety.

THE EXERCISE OF POWER

The public announcement of the in-principle agreement regarding the conversion of

the Tramway Bridge, that formed the commencement point of the Stockland public

relations campaign, illustrates that action is fundamentally the exercise of power.

Stockland�s ability to exercise power in this circumstance was further indicated

through its later announcement that it would undertake all design work required for

the conversion of the bridge to a pedestrian footway.

As indicated previously, the specific contexts of the announcements regarding the

conversion of the Tramway Bridge were crucial. The direct and non-disclosed

13 In contrast to claims of a long association with the Wollongong community, Stockland did not become a member of the Illawarra Business Chamber until 2002.

63

FOUR

64

implications, of both these and subsequent actions, were the manufacture of a

favourable public image and the beneficial implications for its Kuradji Sandon Point

proposal. Carl Scully�s Ministerial directive, alongside the socio-political climate,

created the context in which public debate about the implications of the Tramway

Bridge conversion for the reinstatement of the Heritage listing of the entire Tramway

route were effectively suppressed. Evaluations were limited to this single option and

centred on the rationalisations for the conversion: the safety of school children.

In its representations of the Kuradji Sandon Point area, specifically the focus on

select features, Stockland was able to concentrate public attention on, and thus

restrict public knowledge to, features of its own choosing. At the outset, the

strategies and tactics of Stockland were not to seek out knowledge; rather, through

the exercise of power, it was able to effectively define what counted as knowledge.

More specifically, this illustrated that the exercise of

[p]ower determines what counts as knowledge, what kind of

interpretation attains authority as the dominant interpretation.

[The exercise of p]ower procures the knowledge which supports

its purposes, while it ignores or suppresses the knowledge

which does not serve it.14

Through the emphasis on these select features, initial public knowledge of the

environmental aspects of the Kuradji Sandon Point area, and how these features

were to be utilised and/or improved by the Stockland proposal, reinforced pre-

existing western interpretations of nature to which the Stockland public relations

campaign appealed. At the launch of the public relations campaign, there were a

number of benefits to determining and defining what would become public

knowledge of the environmental aspects of the area. Stockland effectively

constructed the initial context in which it would launch its proposal whilst launching

that proposal:

[T]he representations involved, being those of power, often have

the power to create their own realities� dualistic construction

14 Bent Flyvbjerg (1998); p. 226. See also; pp. 6, 26, 227.


[also] results in polarisation and therefore false dichotomy

(emphasis in original).15

Alongside the launch of its proposal as a development, and the reinforcement of

pre-existing western interpretations of nature through the representations of select

features of the area, Stockland introduced mechanistic, technical, and scientistic

solutions that it implied would facilitate the resolution of these issues. Through

describing these features as planning uses, Stockland implied a high level of

confidence in man�s ability to control nature. This espoused confidence created the

rationales, presented as rationality, relied upon and repeatedly referred to in

attempts to justify and imply support for its proposal. Again, the contexts for many

of the interpretations and representations espoused were constructed.

Coinciding with the espoused confidence in man�s ability to control nature,

Stockland repeatedly implied an ability to control, or least predict, the outcomes of

events. In attacking the community�s Valentine�s Day Blockade, Nick Duncan

emphasised that:

We expected people would demonstrate and block our entry

when we decided to start work.16

Following the May 20 community walk-on, the blockade was described as

an event that everyone expected to be violent.17

This implied ability to predict also extended to the outcomes of processes described

as rational. This was oft espoused alongside attempts to reinforce repeated

implications that the �professional studies� undertaken were rational:

As Stockland expected, the [NSW] Land and Environment

Court�s consent for stages 1-6 of the development imposed

several conditions to protect the environment and safeguard the

15 Val Plumwood (2002); p.101. 16 Nick Duncan (2002a). 17 Nick Duncan, quoted in Lisa Carty (2002f).

65

FOUR

66

interests of the community.

Stockland�s plans for the site took account of those conditions.

[emphasis added].18

Perhaps the best example of an attempt by Stockland to control the outcome of

events was the limited media attention given to the listing of the Kuradji Sandon

Point area on the Australian Council of National Trusts Endangered Places list of

2002. Before an analysis of how this was achieved can be undertaken, the

strategies and tactics implicit to the achievement of this, and the a priori use of

these need to be considered.

THE SELECTIVE PROMOTION OF CONFLICT

At numerous times during its public relations campaign, Stockland specifically

engaged in the selective promotion of conflict as a pre-determined strategy. Rather

than attempting to define and manufacture what constituted knowledge, the aim

was to suppress public debate on, and thus knowledge of, issues it considered

damaging to both its public image and perceptions of the implications of its

proposal. This strategy effectively encompassed two tactics: the first, and less

overt, constituted attempts at heightening the conflict over issues receiving, or

about to receive, public attention; the second was based on the construction of

conflict on manufactured issues, issues not receiving public attention, to divert

attention and thus restrict and/or suppress knowledge of other issues.

The first tactic, that of heightening conflict over issues already receiving, or about to

receive, public attention, had a main aim of reducing the potential for precise details

about specific issues receiving attention. Thus, conflict over the broader issue

would constitute the public debate, rather than specific details that may have

negative consequences for the Stockland proposal. Following the establishment of

the community picket, increased community attention on the Stockland proposal,

and the promotion of alternatives, Stockland made its first attempt to selectively

promote conflict, namely an attempt to discredit one aspect of a community vision

18 anonymous (2002e).


for the Kuradji Sandon Point area: an environmental and heritage field studies

centre. To indicate the context of this, I will briefly introduce the community vision of

which the environmental and heritage field studies centre was but a part.

In 1996, the state government amended the National Parks and Wildlife Act. This

amendment established a new category for protected areas: Regional Parks. The

definition of areas that could be protected as Regional Parks included areas

modified since European occupation, and that were

capable of providing open space and recreational opportunities

for major regional population centres, and unsuitable for

reservation or dedication as another category of land under the

National Parks and Wildlife Act.19

Following this amendment, members of the local community discussed the potential

of the Kuradji Sandon Point area being part of an Illawarra Regional Foreshores

Park. A draft proposal, outlining the social, environmental and economic benefits,

was published in November 2001.20 The environmental and heritage field studies

centre was one aspect of this proposal.

Stockland selectively focussed its criticisms on the environmental and heritage field

studies centre, emphasising what it broadly termed �financial implications�:

Is that where residents want their money spent and what does it

mean for other facilities in the area?

Stockland also implied the irrational basis of the proposal through its previous

representations of the area:

the contaminated creeks would be unfit for children to wade

19 Janice and Robert Miller (2001). 20 Copies of the Proposal for an Illawarra Regional Foreshores Park were sent to a total of 15 relevant governmental bodies, representatives and other organisations. In the WCC review process for the Kuradji Sandon Point area (still in process), this proposal was given priority over all community alternatives.

67

FOUR

68

through while they studied the ecosystem.21

This directly contrasted with community visions such as:

It was hoped the environmental and heritage field studies' centre

would offer people, including schoolchildren, the opportunity to

learn about a varied ecosystem.22

The selective promotion of conflict had twofold benefits for Stockland. Firstly, it

diverted attention away from community comments that raised issues having

potential negative connotations for the Stockland proposal:

We don't know where such a centre will be built because we

don't know which part of the land can be developed yet. The

heritage issues have never been addressed.23

Secondly, it diverted attention away from the Regional Park proposal as a whole

and the implications it would have if it gained any legislative support. The basis for

the criticism of this alternative was explicitly stated by Nick Duncan:

We want to nip this in the bud.24

Another attempt to selectively promote conflict was in the lead up to the NSW Land

and Environment Court hearings regarding the WCC non-approval of the Stockland

proposal for stage 1 and stages 2-6. Prominent local historians Joe Davis and

Michael Organ were engaged by WCC to present evidence on the historical

significance of the Kuradji Sandon Point area, specifically in regard to the tramway

route. In an attempt to divert attention away from its non-compliance with a request

by the NSW Heritage Office to undertake a comprehensive heritage study,

21 Nick Duncan, quoted in anonymous (2001b). 22 Cate Wilson, quoted in Ibid. 23 Ibid. 24 Nick Duncan, quoted in anonymous (2001b).


Stockland attacked the historians for refusing to discuss the impending court case

with its staff, irrespective of the legal consequences they would face.25,26

The most overt attempt at selectively promoting conflict, and an example of the

second tactic � the construction of conflict on manufactured issues to

restrict/suppress knowledge of other issues about to receive significant and

damaging public attention � surrounded the public announcement that the Kuradji

Sandon Point area was included on the Australian Council of National Trusts

Endangered Places list of 2002. Following a rally, organised to coincide with the

announcement, Stockland publicly attacked the community�s website. Stockland

manufactured false claims that the website suggested that �people take their fight�

to the home of Nick Duncan and involve his family. This effectively diverted

attention from the reasons behind the inclusion of the Kuradji Sandon Point area on

the Endangered Places list.27 The reason for the listing, specifically based on the

area being �under immediate threat of intensive housing development� was

effectively prevented from becoming public knowledge.28

THE SELECTIVE SUPPRESSION OF CONFLICT

Alongside the selective promotion of conflict, Stockland actively engaged in the

selective suppression of conflict as another specific strategy. This was both

generally applied as an ongoing strategy and specifically employed on numerous

occasions. The use of this tactic is a sensitive indicator of both the imbalances of

power and the effective exercise of power by Stockland. The aim of this strategy

was to dismiss community views and/or restrict knowledge on issues it considered

damaging to both its public image and perceptions of the implications of its

proposal. The central technique of this strategy was the non-engagement in

discussions/debate on issues. Thus, both the effectiveness of this tactic, and the

(specific) occasions in which the strategy was employed, are hard to identify.

25 Joe Davis and Michael Organ expressed concerns about prejudicing the upcoming court cases, and potentially being in contempt if they discussed the matter with Stockland. 26 see Paul McInerny (2001c). 27 I designed and maintain the community�s website. Thus, I have full knowledge of everything that it includes. 28 unknown (2002d) National Trust Endangered Places 2002, Australian Council of National Trusts.

69

FOUR

70

Before I introduce examples, I will highlight the ongoing use of non-engagement as

a central strategy of the Stockland public relations campaign. Reference to

�process�, and implications of the rationality and common sense of this, was a

recurring theme. From the introduction of select features of the Kuradji Sandon

Point area as �planning issues�, through to the Stockland response to the

announcement of the COI, this strategy was employed to dismiss community views

and criticisms of the Stockland proposal.

Following the general introduction of select features of the area as �planning

issues�, the �professional studies� undertaken for Stockland, and previously

introduced as the means for overcoming the technical and planning issues, were re-

described as �in accordance with the prior approvals and report requirements.�29

This was reiterated and extended in the lead-up to the appeals against WCC�s non-

approvals pending, and subsequent media attention increasing: Stockland again

implied the rationality of process through descriptions of its proposal as

fitt[ing] perfectly the concept and philosophy of state and local

government urban consolidation policies.30

In attempts to justify its removal of stages 1-6 from the facilitation process, and

subsequent criticisms from the local community, Rick Farley and NSW Planning

Minister Andrew Refshauge, Stockland again implied a rational basis:

[s]tages one to six are not on the agenda for facilitation; they

have been dealt with under the appropriate legislation and

consent has been granted [emphasis added].31

The subsequent community blockade on Valentine�s Day received a similar retort

from Stockland. The implied rational basis of its proposal was reiterated through

29 Nick Duncan, paraphrased in Paul McInerny (2001a). 30 Nick Duncan, paraphrased and quoted in anonymous (2001a). 31 Lisa Carty (2002c).


repeated calls to �accept the umpire's decision�.32 The response to the

announcement of the COI had a similar theme:

Stockland had followed due process since it began the Sandon

Point project.33

The assertions of (private) property, lawful rights and the more implicit, perhaps

subtle, implications of references to the prior industrial use of (parts) of the area,

and the underlying Liberal-capitalist property formation mythology, reflect this. The

repeated assertion of an implied rational process has similar connotations to the

branding of opposing views as based on political correctness: the views criticised

are effectively dismissed without any debate of the issue(s).34 This is more explicitly

visible in the repeated implications that the community views were based on

emotion, as opposed to the implied factual basis of the Stockland proposal.

Stockland expanded these attempts at branding of community views as emotive,

thus irrational, inferior and of little or no consequence, through specifically implying

and/or describing the local community, through its actions, as unAustralian,

disgraceful and fanatical. These portrayals were reinforced through contrasting

these representations with calculated responses indicating a sense of compassion

for those emotionally attached and highlighting a way to save face, whilst restating

the implied rationality of its proposal:

NOW is probably an appropriate time for those opposing the

Sandon Point development to take stock of the issue.

I appreciate that those people who are against the project feel

they have a genuine grievance, and I support their right to

continue their protest, but the facts of the Sandon Point project

speak for themselves [emphasis added].35

32 Nick Duncan, quoted in Jenny Dennis (2002a). 33 Nick Duncan, paraphrased in Geoff Failes (2002d). 34 For an in-depth analysis of the use of political correctness, and other forms of branding as a specific strategy, see Damien Cahill (2000/2001) and (2001). 35 Nick Duncan (2002c).

71

FOUR

72

I will now introduce two specific examples of the selective suppression of conflict by

non-engagement. These examples relate to the conversion of the Tramway Bridge

into a pedestrian overpass. At no time � either prior, during or after the conversion �

did Stockland engage in discussions regarding the impacts of its designs on the

potential reinstatement of the heritage listing of the entire tramway route, despite

public concerns regarding this.

Alongside community calls for the heritage listing to be reinstated for the entire

tramway route were recommendations that a pedestrian walkway/cycleway be

established along the route. This was a central feature of the community�s Regional

Park proposal. This walkway/cycleway would extend from the existing coastal

cycleway, at the junction with the tramway route, and extend through to the

proposed Bulli mine museum located at the old mine site, linking a number of local

attractions. At this time, the walkway/cycleway to the old Bulli mine site, and the

larger Regional Park proposal, were effectively ignored by Stockland.

THE CONTEXT-DEPENDENCE OF RATIONALITY

Alongside attempts, through the exercise of power, to divert attention away from, or

suppress conflict and thus knowledge of, issues that would have negative

consequences for its proposal, Stockland made shifts in what it implied as rational.

Included in these shifts were complete redefinitions of ideas it had once branded as

irrational. Central to these adaptations is the specific context at the time. As

indicated in Chapter 3, both the portrayal of its proposal and the interpretations and

representations of nature espoused by Stockland shifted over time. The Stockland

proposal was initially portrayed as a development that would improve the area

through overcoming �planning issues�, yet it would come to be described as

�environmentally and socially sustainable.�36,37

The numerous shifts in the representations of its proposal, and the interpretations

and representations of nature implicit, specifically redefinitions of what was once

irrational as rational, were exemplified by the Stockland produced Sandon Point

36 Lisa Carty (2000b). 37 Nick Duncan (2002a).


Newsletter. To reiterate and extend a previous example, the community plans for a

walkway/cycleway from the existing coastal cycleway to the old Bulli mine site were

effectively ignored by Stockland when they were proposed. Yet, with changes in

context, this proposal was selectively coopted by Stockland and presented as an

original idea:

The company will also provide cycleways and pleasant

pedestrian links to the coast zone, the escarpment and

surrounding community.38

On the accompanying map (see Figure 10) no indication was given of these

pedestrian links or cycleways.39

The graphical portrayal of its proposal indicated in this map also needs to be

considered alongside the scale model publicly displayed only days earlier. The

scale model (see Figure 9) indicated that all buildings comprising the Stockland

proposal would be the same size, yet the graphical portrayal described two different

housing types: residential and integrated. In response to criticism of the scale

model, Nick Duncan described it as �show[ing] the project exactly as it will be�. The

Stockland proposal would be �high quality, low rise and medium density� and

criticisms raised were:

wrong and [claims] that true distances somehow have been

disguised to support Stockland's case cannot be sustained. It is

a scale model [emphasis added].40

Alongside the implied benefits of the Stockland proposal described at this time (i.e.

pedestrian and cycle links), Stockland stated that it had compromised on its original

masterplan, with the buffer zones along Tramway and Woodlands Creek being

increased. The implied aim was to �get linkage between the coast and escarpment�,

yet the lower reaches of Woodlands Creek would still be diverted into Hewitts Creek

38 anonymous (2002f). 39 Further, only two of the four creeks were indicated, by name only: the paths of the creeks were not included. 40 Nick Duncan (2002c).

73

FOUR

74

and the Stockland proposal still overlapped the endangered SCESFC

communities.41,42

The Stockland submission to the COI again redefined its proposal, with the

publication of a new masterplan. The Cookson site would now be converted to

housing, and the uniform buildings indicated by the scale model were now

significantly different (see Figure 12). The integrated housing was now described as

consisting of dwelling houses, small lots, townhouses, and apartments. This was in

direct contrast to the prior assertion that the Stockland proposal would be �low rise

and medium density�.43 Further, the scale model, was not in fact, a scale model.

The new draft masterplan also indicated that stages 1-6 of its proposal were

existing housing despite no structures having been built.44 As in the map supplied

with the Stockland produced Sandon Point Newsletter (see Figure 10, Chapter 3),

the paths of the creeks were not shown.

The implied irrational Regional Park proposal, in which the walkway/cycleway was

originally proposed by the local community, was again revisited by Stockland during

the SIR of the COI process. As with the pedestrian links and cycleways described

by Stockland in its newsletter, the Regional Park was presented as an original idea.

The inclusion of the concept was limited to the inclusion of �Regional Park� in what

was another revised masterplan. This map was displayed during Stockland�s

electronic presentation, and not included in supporting documents. The context of

this redefinition of the proposal as rational can be attributed to submissions critical

of the Stockland proposal, including those made by members of the local

community and governmental/regulatory bodies (i.e. DLWC). With an awareness of

the content of these submissions, Andrew Refshauge�s stated reasoning for the

announcement of the COI was more significant:

In making my decision I am mindful of the significant

environmental, heritage and recreational values of the site. I am

41 Quoted in anonymous (2002b). 42 The natural path of Woodlands creek is visible in the 1938 aerial photo reproduced as Figure 4 (Chapter 3). 43 Nick Duncan (2002c). 44 At the time of publication, houses have yet been built on stages 1-6.


particularly concerned about issues of Aboriginal heritage,

riparian and floodplain management, and the protection of

ecological communities.45

The aim of the pragmatic inclusion of the words �Regional Park� on the revised

Stockland masterplan was to effectively take any control or power in regards to this

proposal out of the hands of the community.

DEFINING REALITIES

Having defined and/or manufactured what counted as knowledge, the associated

non-disclosure or non-discussion of other features of the Kuradji Sandon Point

area, and the redefinition of what was once irrational as rational, Stockland had

effectively defined the realities in which its proposal was located (in the public

arena). Central to its ability to suppress the dissemination of viewpoints and

information potentially damaging to its proposal was the capacity to exercise power

through capitalising on deeply entrenched power relations and imbalances. This is

implicit in its ability to redefine as rational what was previously dismissed as

irrational.

The necessity, and impacts, of context also needs to be considered. The ability to

define realties was not universal. Context was fundamental and crucial to the

successful attempts outlined and analysed in this and the preceding chapter. For

example, without the tragic accident at Bulli, the history of government failures to

respond to local knowledge and community requests, and the responses of both

government bodies and the state government, Stockland would not have

successfully de-railed the reinstatement of Heritage listing of the entire Tramway

route. Without this ostensible act, stages 1-6 of the Stockland proposal would not

have come to fruition, at least in its current form, and the financial incentives behind

the proposal would have suffered greatly, perhaps to a level sufficient to stop to

proposal at the outset.

45 Andrew Refshauge MP (2002), letter to Rod Oxley, General Manager, WCC, 30 October.

75

FOUR

76

Exposure of the strategies and tactics adopted, and the successful attempts at

capitalising on imbalances of power, indicate that rationality and power and

knowledge and power were analytically and politically inseparable during the

Stockland public relations campaign. The following chapter considers the outcomes

of this analysis and outlines a number of context-specific propositions regarding

these relationships.

five REPRESENTATIONS . RATIONALES . POWER

If one understands by democracy the effective exercise of power by a population

which is neither divided or hierarchically ordered in class, it is quite clear that we

are very far from a democracy. It is only too clear that we are living under a regime

of dictatorship of class, or a power of class which imposes itself by violence, even

when the instruments of this violence are institutional and constitutional; and to

that degree there isn�t any question of democracy for us.

Michel Foucault.1

The focus on the Stockland public relations campaign that forms the body of this

research provides insight into more general corporate attempts to capitalise on

imbalances in power, the implications, and the how and why. Thus, although this

research is specific, it can be used to propose generalisations potentially relevant to

other anti-environmental public relations campaigns. Further, the intervention-

oriented basis of this research invokes both implicit and explicit partisanship. I

consider this partisanship positive and beneficial on many levels. In a specific

sense, I have intervened in a dispute where an obvious imbalance of power existed

and was being exploited to the detriment of the local community. More generally, it

has enabled me to refocus my professional energy to live whilst attempting to

achieve my goals: the promotion of a more democratic, environmentally

sustainable, socially just, or otherwise preferable community (society).

1 Michel Foucault (1974); p. 2 of part 2 (online).

77

FIVE

To build on the analysis of the how and why of the Stockland public relations

campaign, whilst also extending on outcomes of this intervention oriented research,

the central focus of this chapter is a number of propositions. These propositions are

context-specific in the sense that they have come out of the analysis undertaken

which, with the focus on small things, is dependant on context. However, because

this public relations campaign is part of a corporate counter-initiative,

generalisations can be proposed on the basis of this analysis: whilst the specific

strategies and tactics were based and/or shaped by specific contexts, these

strategies and tactics, and their dynamic, pragmatic and responsive nature, can

provide insight for other research.

THE FOCUS ON THE HOW AND WHY

To enable a focus on the how and why, and provide an understanding of the basis

of the why, the context of specific situations needed to be introduced. The brief

introduction to the local socio- and geo-political histories in chapter two provided a

basis for this understanding. In outlining the histories of the area, I introduced

Indigenous history. Whilst this research focuses on aspects of the Stockland public

relations campaign not explicitly dealing with the Indigenous issues of the area, I

introduced this history for a number of reasons. These include not wishing to

perpetuate the wrongs of the past through denying what has been referred to as

pre-history, providing an introduction to different interpretations and representations

of nature, and also indicating the non-stated (or denied) implications of the

Stockland proposal for local Indigenous people.2

The socio- and geo-political histories of the Kuradji Sandon Point area were

expanded on with the detailed outline of the Stockland public relations campaign

encompassed in chapter three. The focus on the small things was crucial to

understanding the how, and indications of the why became apparent through this.

This focus provided for the deeper analysis of the strategies and tactics implicit and

explicit in the context-specific actions of Stockland that formed chapter 4.

2 Whilst the impacts of the Stockland proposal on local Indigenous people, and Indigenous people generally, have not been discussed, I have personally witnessed some of these impacts. It has pained and sickened me to see the impacts not often witnessed by non-Indigenous people.

78


A consideration of the outcomes of the analysis presented in Chapter 4, specifically

the relationships between rationality and power and knowledge and power, forms

the basis for a number of propositions. It should be noted that these propositions

are context-specific, developed from the insights gained in the analysis of the

strategies and tactics employed by Stockland during its public relations campaign. It

is my hope that they can provide insight for others undertaking similar research.

In developing these propositions, I drew inspiration from Bent Flyvbjerg�s �case

study of politics, administration and planning in the Danish town of Aalborg�.3 In

generalising the results of his empirical research, he outlined a number of

propositions specific to his case study, yet potentially relevant and of interest to

planning theorists (and others interested in relations of power).

PROPOSITION 1: KNOWLEDGE IS NOT POWER.

In direct contrast with Francis Bacon�s dictum Knowledge is Power, the strategies

and tactics of the Stockland public relations campaign indicate that the ability to

define what constitutes knowledge is central to the exercise of power. As the

strategies and tactics adopted by Stockland illustrate, fundamental to its successful

attempts to ignore, discredit and/or dismiss opposing viewpoints is the ability to

capitalise on deeply entrenched power relations and imbalances.

The exercise of power is fundamental to the presentation of specific knowledge as

discovered and/or developed through rational, and thus superior, means. Opposing

viewpoints � different knowledges � do exist, yet what effectively constitutes

knowledge in the public arena is defined by those most able to take advantage of

power imbalances. Thus, in direct contrast to Enlightenment notions on knowledge

and power, power effectively defines what counts as knowledge.

3 Bent Flyvbjerg (1998); p. 3.

79

FIVE

PROPOSITION 2: RATIONALES, PRESENTED AS RATIONALITY, ARE FUNDAMENTALLY

DEPENDANT ON CONTEXT.

Fundamental to the portrayal of the Stockland proposal, and the presentation of

rationales as rationality, is a dependence on context. If the car that struck down Ella

James and Corinne Fielitz had stopped at the pedestrian traffic lights on the

morning of Thursday 22 June 2000, the rationales implicit to the conversion of the

historic Tramway Bridge, and the impacts on the physical links to the Tramway

route, would have been significantly different. Had the community campaign proven

less effective, and not forced the state to respond (with the COI), the shifts in the

representations of nature and portrayals of the Stockland proposal, during the time

frame analysed, would either not have occurred, or would have taken different

paths.

The strategies and tactics adopted by Stockland illustrate that, in direct contrast to

the Enlightenment notion that rationality is well defined and independent of context,

what is implied as rational is fundamentally a product of context. The context of

rationales presented as rationality is fundamentally linked to the exercise of power,

or a will to maintain and/or restore imbalances of power.

PROPOSITION 3: THROUGH THE EXERCISE OF POWER, REALITIES CAN BE DEFINED,

DISMISSED AND/OR REDEFINED.

The ability to imply and represent one view of the world as the very world(s) in

which others live is a central feature of capitalising on imbalances on power. When

this power imbalance is challenged, power is exercised through the definition,

dismissal and/or redefinition of what is implied as rational.

From the conversion of the tramway bridge through to the co-option of community

visions for the Kuradji Sandon Point area, Stockland defined and redefined what

constituted knowledge. The inclusion of the words �Regional Park� on the revised

Stockland masterplan presented at the Session in Reply to the Commission of

Inquiry, following repeated dismissals of the community�s Regional Park proposal

as irrational, specifically illustrates the effective exercise of power to maintain

and/or reinstate power imbalances.

80


The branding of community views as emotive implied a lack of objectivity. The basis

for this branding was the exclusion of community views through a process of de-

legitimisation.

PROPOSITION 4: THE STABILITY OF POWER RELATIONS CAN BE MANIPULATED, AND IS

DEPENDANT ON CONTEXT.

As the strategies and tactics of Stockland illustrate, specifically the selective

suppression and/or promotion of conflict, the stability of power relations can be

manipulated, depending on context. Within the specific context, the aims of these

manipulations are to create and/or recreate power relations considered most

favourable at specific times (and contexts). Attempts to selectively suppress or

promote conflict clearly illustrate this.

Thus, the stability of power relations, specifically the level of stability, is dependent

on the responsive strategies adopted by Stockland to the impacts of community

actions and wider socio-political factors (i.e the response of the state).

PROPOSITION 5: THE WILL TO POWER LEADS TO PRAGMATISM.

As proposition 3 indicates, central to the ability to redefine what was once irrational

as rational is the exercise of power. The inclusion the words �Regional Park� on the

revised masterplan also indicates the level of pragmatism in the Stockland public

relations campaign. The aim of this pragmatic inclusion was to effectively take

control out of the hands of the community through a will to maintain existing power

imbalances: a will to power.

THE IMPLICATIONS?

Implicit in these propositions are a number of implications for communities involved

in struggles over wide ranges of issues. Irrespective of what research a community

engages in, or the prestige of those engaged, the knowledge produced may prove

to be essentially inconsequential. Through capitalising on imbalances in power, this

knowledge can be suppressed dismissed, de-legitimised, or even ignored.

81

FIVE

Context is an implicit and central a factor to the ability to capitalise on power

imbalances. This includes the ability to suppress, dismiss, de-legitimise and/or

ignore knowledge considered non-favourable. The strategies and tactics used are

fundamentally linked to the specific contexts in which they are deployed.

The propositions and implications outlined may seem to have negative connotations

for communities involved in struggles. However, rather than attempting to prescribe

counter strategies and tactics, I believe exposing the how and why is far more

beneficial. Communities can potentially learn from and/or apply these

generalisations in their specific contexts.

SOME FINAL THOUGHTS�

This case study, and the propositions developed through the insights gained from

the analysis undertaken, illustrates, at least in one specific context, how imbalances

in power were capitalised on for specific gain. These gains were, sometimes

obscurely, achieved through deceptions, misrepresentations, threats, and, if these

were unsuccessful, co-option.

As an outcome of this intervention-oriented research, I could naively profess a hope

that such an analysis would not be again necessary. I know this will not be the

case. With the rise in corporate environmentalism, and the hiring of �high-profile�

environmental and/or and social justice campaigners by multi-national public

relations firms, the strategies and tactics adopted and employed during anti-

environmental public relations campaigns will, almost certainly, become more

obscure, increasingly secretive, and renewed in sophistication.

The aim of this research, aside from my involvement in the dispute over the future

of the Kuradji Sandon Point area, and my wishes to expose to strategies and tactics

of Stockland for what they were (and continue to be), was to re-focus my

professional energy in a way in which I could both live, whilst attempting to achieve

my goals for a more environmentally sustainable and socially just society. If the

outcomes of this analysis, and the insights gained, can be utilised in this way by

others, as I sincerely hope they can, this research will have achieved more than

what I set out to. I also hope that others will be inspired to undertake similar

82


intervention-oriented research as both a means and an attempt at reflecting the

ends.

83


84

BIBLIOGRAPHY

bibliography

COMMUNITY/PARTICIPANT DOCUMENTS

Hamish Brown, Editor (2002), The Sandon Point: A Community Bulletin for the

Protection of Sandon Point, Volume 1, Issue 1 (May).

David Evans (2002), Submission to the Office of the Commissioners of Inquiry for

Environment and Planning, Commission of Inquiry into certain land at Sandon Point

in the Wollongong local government area, Cookson Plibrico Pty Ltd.

Roy Dootch Kennedy (2002), Letter to Max Akerman, Northern Illawarra Residents

Action Group (NIRAG) and the South Coast Labor Council (SCLC).

________ (2002a), SPATE Media Release, Friday 29 September.

Janice and Robert Miller (2001), Proposal for an Illawarra Regional Foreshores

Park, Wollongong. Available online at www.sandon-point.org.au.

unknown (2002a), Use Emergency Law to Save History, Minister Urged, Sandon

Point Community Picket Media Release, Thursday 10 October.

unknown (2002b), David Campbell � Next to Go?, Sandon Point Community Picket

Media Release, Sunday 20 October.

various (unknown), Save Sandon Point website, http://www.sandon-point.org.au

Last viewed 25 September 2003.

85




86

HISTORICAL ACCOUNTS/TEXTS

Kathleen H Barwick-Hooke (1988), Berkeley and surrounding districts, self-

published.

W. A. Bayley (1956), Black Diamonds: History of Bull District NSW, Bull: Council of

the City of Greater Wollongong, Northern Zone Committee.

Edgar Beagle, Winifred Mitchell and Michael Organ (1991), Backhouse and Walker

in Illawarra and Shoalhaven 1836, Illawarra Historical Society.

J. C. Beagle, Editor (1962), The Life of Captain James Cook, Stanford University

Press, California.

Dan Bergquist (1998?), Refractories: Ninety Years, unknown.

Dennis Byrne (1984), The Mountains Call Me Back: A History of the Aborigines and

the Forests of the far South Coast of NSW, NSW Ministry of Aboriginal Affairs.

Arthur Cousins (1948), The Garden of New South Wales, Producers� Co-op.

Distributing Society Ltd, Sydney.

Bruce Eldar (1998), Blood on the Wattle: Massacres and Maltreatment of Aboriginal

Australians since 1788, Expanded edition, New Holland Publishers, Sydney.

Alison Gibbs & Catherine Warne (1995), A Pictorial History: Wollongong, Kingsclear

Books, Alexandria.

J. H. Holmes (unknown), Dapto and Thirroul: Metamorphosis to Suburbia, paper

read to Section P, ANZAAS, Canberra January, 1964.

Kelli Humphrys (1990?), Thirroul, unknown.

Norman S King (1965), Cornelius O'Brien: Pioneer of Bulli, Illawarra Historical

Society, Wollongong.

BIBLIOGRAPHY

Inga Lazzarotto & Joseph Davis (1994), Greetings from Thirroul: Images form the

Early History of Tourism, Wyewurry Populations, Thirroul.

William Lines (1991), Taming the Great South Land: A History of the Conquest of

Nature in Australia, Allen and Unwin, North Sydney.

Alex McLeary, Colonial Secretary and Registrar (1833), Registry of Grants of Land,

No. 22.

Glenn Mitchell (1997), The Garden of the Illawarra, in Jim Hagan and Andrew Wells

(Eds.) A History of Wollongong, University of Wollongong Press.

Winfred Mitchell & Geoffrey Sherrington (1984), Growing up in the Illawarra � A

Social History 1834 � 1984, University of Wollongong.

Bill Mowbray, Editor (1983), Illawarra Heritage, Environmental Heritage Committee

of Wollongong, Shellharbour and Kiama, unknown.

Michael Organ (1990), Illawarra and South Coast Aborigines 1770 � 1850,

Aboriginal Education Unit, University of Wollongong.

Michael Organ & Carol Speechley (1997), Illawarra Aborigines, in Jim Hagan and

Andrew Wells (Eds.) A History of Wollongong, University of Wollongong Press.

Deborah Bird Rose (1996), Australian Aboriginal Views of Landscape and

Wilderness, Australian Heritage Commission.

Alexander Stewart (1987), Reminiscences of the Illawarra, compiled by Michael

Organ, Illawarra Historical Publications.

MEDIA SOURCES

Jodi Allen (2000), A Bridge Too Late, Illawarra Mercury, 25 July; p. 1.

anonymous (2000), RTA Boss Angry, Illawarra Mercury, 24 June; p. 3.

87


88

anonymous (2001a), No Stranger to the Region, Illawarra Mercury, 14 April; p. 6.

anonymous (2001b), Sandon Pt Eco Plan would Cost Millions, Illawarra Mercury,

17 April; p. 8.

anonymous (2002a), Business Council Welcomes Debate, Illawarra Mercury,

18 February; p. 7.

anonymous (2002b), Developer Launches the �Facts�, Illawarra Mercury, 30 April;

p. 5.

anonymous (2002c), �Greens claim Callan Park victory�, ABC News online,

21 October 2002: http://abc.net.au/news/politics/2002/10/item20021021070058_1.htm

Anne Bransdon (2000a), We Will Never Forgive RTA, Illawarra Mercury, 23 June;

p. 3.

________ (2000b), Ella�s Death Finally Spurs RTA Action, Illawarra Mercury,

24 June; p. 3.

________ (2000c), Bridge Over Road In Doubt, Illawarra Mercury, 26 June; p. 3.

Anne Bransdon & Jodi Allen (2000), School Crossing To Move, Illawarra Mercury,

29 June; p. 3.

Lisa Carty (2000a), Kids Safety Reviewed, Illawarra Mercury, 5 July; p. 5.

________ (2000b), Residents Involved In Project, Illawarra Mercury, 7 October;

p.12.

________ (2002a), Farley Finds Harmony In Diverse Points Of View, Illawarra

Mercury, 30 January; p. 1.

________ (2002b), Work at Your Peril, Illawarra Mercury, 9 February; p. 1.

________ (2002c), Blockade, Illawarra Mercury, 13 February; p.1.

http://abc.net.au/news/politics/2002/10/item20021021070058_1.htm

BIBLIOGRAPHY

________ (2002d), Minister Says No to Picket Duty at Sandon, Illawarra Mercury,

14 February; p.1.

________ (2002e), Sandon Point Arrests, Illawarra Mercury, 15 February; p.1.

________ (2002f), Stockland Vows To Go After Protestors, Illawarra Mercury,

21 May; p.5.

Lisa Carty and Paul McInerny (2001a), Project would be bonus for city, Illawarra

Mercury, 13 April; p.6.

________ (2001b), Stockland Victim of Politics, Illawarra Mercury, 14 April; p.6.

Jenny Dennis (2002a), Sandon All Clear, Illawarra Mercury, 1 May; p.1.

________ (2002b), The Umpire Has Spoken, Says Duncan, Illawarra Mercury,

28 May, p. 4.

Jody Duffy (2002), Work Can Continue at Sandon Point: Court, Illawarra Mercury,

17 July; p.2.

Nick Duncan (2002a), Sandon Point facts need developing (Forum), Illawarra

Mercury, 1 March; p.16.

________ (2002b), Responsible Development (letter to the Editor), Illawarra

Mercury, 11 March; p.39.

________ (2002c), Time Protestors Gave Up: Stockland (letter to the Editor),

Illawarra Mercury, 24 May; p.15.

Geoff Failes (2001), Sandon Point Development On Hold For 2 Weeks, Illawarra

Mercury, 7 March; p. 9.

________ (2002a), Reaction Mixed � And Predictable, Illawarra Mercury, 3 May;

p.4.

________ (2002b), Keira MP Calls For Inquiry, Illawarra Mercury, 26 August; p. 5.

89


90

________ (2002c), Developer Slams Sandon Web Site, Illawarra Mercury,

26 August; p.5.

________ (2002d), Stockland Says It�s Surprised But Cooperative, Illawarra

Mercury, 27 August; p.12.

________ (2002e), MP Says Land Inquiry Does Have Purpose, Illawarra Mercury,

31 October; p.2.

David Ilife (2000a), Bridgework Likely by Xmas, Illawarra Mercury, 17 August; p.13.

________ (2000b), Bulli Bridge now in Council�s Hand, Illawarra Mercury,

4 October; p.8.

________ (2001), Work To Start On Overpass, Illawarra Mercury, 28 February;

p. 10.

________ (2001b), Court Gives Sandon Pt Green Light, Illawarra Mercury,

3 November; p. 2.

________ (2001c), SCLC Not About To Lift Ban On Stockland, Illawarra Mercury,

6 November; p. 6.

Cydonee Mardon (2000), Bulli Residents Set Month�s Deadline, Illawarra Mercury,

3 July; p. 2.

Paul McInerny (2001a), Stockland Work Will Start Soon, Illawarra Mercury,

22 February; p. 6.

________ (2001b), July Hearing Over Sandon Pt Appeal, Illawarra Mercury,

8 March; p. 8.

________ (2001c), Sandon Developer Slams Council Delaying Tactics, Illawarra

Mercury, 7 May; p.7.

BIBLIOGRAPHY

Michael Organ (2002), Sandon Point � No Houses: The Spirit of Sandon Point,

Honi Soit, Issue 11 Wednesday 29 May, Sydney University Student Representative

Council.

William Tibben (2001), Stockland's Motives Questioned (letter to the Editor),

Illawarra Mercury, 17 April; p. 17.

Louise Turk & Geraldine O'Brien (2003) Sandon, Regent Heritage Listing, Illawarra

Mercury, 23 August; p.1.

OTHER DOCUMENTS

Scott Bennett (2002), The Cunningham by-election 2002, Research Note No. 18,

Politics and Public Administration Group, Department of the Parliamentary Library,

Parliament of Australia.

anonymous (2003), Sandon Point Update, Cunningham News � Newsletter of the

Federal Member for Cunningham, Michael Organ MP, Issue 3, May; p. 2

Andrew Refshauge MP (2002), letter to Rod Oxely, General Manager, WCC, 30

October.

unknown (2002d) National Trust Endangered Places 2002, Australian Council of

National Trusts. Available online at www.nationaltrust.org.au and www.sandon-

point.org.au.

PUBLIC RELATIONS AND THE ENVIRONMENT/SOCIAL JUSTICE MOVEMENT

Sharon Beder (1997), Global Spin: The Corporate Assault on Environmentalism,

Scribe Publications, Melbourne.

Denise Deegan (2001), Managing Activism: A Guide to Dealing with Activists and

Pressure Groups, PR in Practice Series, The Institute of Public Relations, London.

Timothy Doyle (2001), Green Power: The Environment Movement in Australia,

UNSW Press, Sydney.

91

http://www.nationaltrust.org.au/




92

Nicky Hager & Bob Burton (1999), Secrets and Lies: The Anatomy of an Anti-

Environmental PR Campaign, Common Courage Press, Maine.

Drew Hutton & Libby Connors (1999), A History of the Australian Environment

Movement, Cambridge University Press.

Martin Mulligan & Stuart Hill (2001), Ecological Pioneers: A Social History of the

Australian Environment Movement, Cambridge University Press.

Andrew Rowell (1996), Green Backlash: Global Subversion of the Environment

Movement, Routledge, London.

John Stauber & Sheldon Rampton (1995), Toxic Sludge is Good For You, Common

Courage Press, Maine.

Brian Tokar (1997), Earth For Sale: Reclaiming Ecology in the Age of Corporate

Greenwash, South End Press, Boston, MA.

STOCKLAND PUBLICATIONS

anonymous (2002d), Good news for the local community, Sandon Point Newsletter,

Stockland Newsletter, Bulli; p.1.

anonymous (2002e), Conditions of Approval, Sandon Point Newsletter, Stockland

Newsletter, Bulli; p.2.

anonymous (2002f), McCauleys Beach at Sandon Point, Sandon Point Newsletter,

Stockland Newsletter, Bulli; p.4.

TECHNICAL REPORTS/INVESTIGATIONS � BHP/STOCKLAND FUNDED

Kelvin Officer (2002), Response To an Appraisal by Dr Peter Hiscock of

Archaeological Studies conducted by Navin Officer heritage Consultants at Sandon

Point, New South Wales, Navin Officer Heritage Consultants Pty Ltd, 15 October

2002.

BIBLIOGRAPHY

Kerry Navin & Kelvin Officer (2001a), Sandon Point Development Area � Stages 2-

6 Archaeological investigations of the area covered by the proposed Stocklands

residential development at Sandon Point. A report to Rose Consulting Group, Navin

Officer Heritage Consultants Pty Ltd, June 2001.

________ (2001b), Sandon Point Residential Subdivision � Stage 1 Development

Area � North of Wollongong, NSW: Archaeological subsurface testing program. A

report to Rose Consulting Group for Stockland Constructors Pty Ltd, Navin Officer

Heritage Consultants, August 2001

________ (2001c) Sandon Point Residential subdivision � Stages 2-6 Development

Area � Bulli, North of Wollongong, NSW: Archaeological subsurface testing

program and Aboriginal consultation. A report to Rose Consulting Group for

Stockland Constructors Pty Ltd; October 2001.

Brian Rogers (2000), Location of archaeological sites, Sandon Point, Bulli: Bulli

Coke Company's Coke Ovens and Salt Works, prepared for Rose Consulting

Group, Wollongong.

unknown (1993b), Contamination Assessment of BHP Steel Collieries property at

Sandon Point, Bulli, BHP Steel Corporate, North Sydney.

unknown (1994a), Geotechnical Evaluation Sandon Point, Bulli, BHP Engineering,

Wollongong.

unknown (1994b), Contamination Assessment (Stage II) of BHP Steel Collieries

property at Sandon Point, Bulli, BHP Engineering, North Sydney.

unknown (1996b), Sandon Point Residential Subdivision, Thirroul, Report No. 5282-

R1, Richard Heggie and Associates, Sydney.

unknown (2000), McCauleys Beach at Sandon Point: Masterplan Report May 2000,

Bradley Residential Design for Stockland Trust Group, unknown.

unknown (2000a), Development Application: McCauleys Beach, Rose Consulting

Group, Wollongong.

93


94

unknown (2000b), Proposed Residential subdivision, Stage 1, Hill Street, Sandon

Point: Geotechnical Assessment & Pavement thickness Design, Network

Geotechnics, Gosford.

unknown (2001a), McCauley's Beach, Sandon Point: Heritage Impact Assessment,

Graham Brooks and Associates, unknown.

unknown (2001b), Supplementary Sampling, Sandon Point: 9 May 2001, Earth Air

Water, Penrith, NSW.

unknown (2001c), McCauleys Beach at Sandon Point: Stormwater Masterplan

Report, Robinson GRC Consulting, Sydney.

unknown (2001d), Sandon Point Flora and Fauna Assessment (draft), Connell

Wagner, unknown.

unknown (2001e), Sandon Point development, Noise Impact Assessment, Richard

Heggie Associates, Sydney.

unknown (2003), Submission to the Commission of Inquiry into certain lands at

Sandon Point in the Wollongong Local Government Area, Volumes 1-5, Stockland

Trust Group.

TECHNICAL REPORTS/INVESTIGATIONS � COMMUNITY FUNDED/PRODUCED

Richard Fullagr & Denise Donlon (1998), Archaeological Salvage Excavation at

McCauleys Beach, Thirroul, NSW: preliminary Report, self-published, Wollongong.

Peter Hiscock (2002), Appraisal of Archaeological Studies at Sandon Point, New

South Wales, unpublished. Available for download from Save Sandon Point

website: http://www.sandon-point.org.au


BIBLIOGRAPHY

TECHNICAL REPORTS/INVESTIGATIONS � STATE/LOCAL COUNCIL FUNDED

John Bucinskas (2003), Submission to the Commission of Inquiry into certain lands

at Sandon Point in the Wollongong Local Government Area, Department or Land

and Water Conservation, Wollongong.

Kerry Navin (1993), Further Archaeological Investigations: Sandon Point,

Wollongong, NSW, Navin Officer Archaeological Resource Management, Canberra.

William Simpson (1999), The Long Term Planning and Management of the Illawarra

Escarpment, Wollongong Local Government Area, Office of the Commissioners of

Inquiry for Environment and Planning, Sydney.

Michael Therin & Michael Bennet (2003), Sandon Point Aboriginal Heritage

Assessment: A Report to Wollongong City Council, Therin Archaeological

Consulting, Sydney.

unknown (1993a), Local Environment Study: Sandon Point, Gutteridge, Haskins &

Davey, Sydney

unknown (1994c), Review of Sandon Point Local Environment Study, Mitchell

McCotter & Associates, Sydney.

unknown (1995), A review of flooding issues identified in the Sandon Point Local

Environmental Study for Wollongong City Council, Forbes Rigby, Wollongong

unknown (1996a), Amended draft: Development Control Plan 94/17 for land

between Sandon Point and East Thirroul, Wollongong City Council, Wollongong

unknown (1998), Amended: Development Control Plan 94/17 for land between

Sandon Point and East Thirroul, Wollongong City Council, Wollongong

unknown (2001f), State of the Environment Report 2000-2001, Wollongong City

Council, Wollongong.

unknown (2002e), State of the Environment Report 2001-2002, Wollongong City

Council, Wollongong.

95


96

Wollongong City Council and Dickson Rothschild (2003), Sandon Point

Development Control Plan, Wollongong City Council.

THEORETICAL/ACADEMIC SOURCES

Walter Adamson (1980), Hegemony and Revolution: A Study of Antonio Gramci�s

Political and Cultural Theory, University of California Press, Berkeley.

Barry Barnes, David Bloor & John Henry (1996), Scientific Knowledge: A

Sociological Analysis, The University of Chicago Press.

Bob Brown (1990), Protest as a Political Strategy, in Ken Dyer & John Young

(Eds.), Changing Directions: The Proceedings of the Conference Ecopolitics IV, 21-

24 September 1989, University of Adelaide.

Damien Cahill (2001), The Australian Right�s New Class Discourse and the

Construction of the Political Community, in Raymond Markey (Ed.) Labour and

Community: Historical Essays. University of Wollongong Press.

________ (2000/2001), Why the Right uses �Class� Against the Left, Arena, No. 16;

pp. 151-162.

Noam Chomsky & Michel Foucault (1974) Human Nature: Justice versus Power, in

Fons Elders (Ed.), Reflexive Water: The Basic Concerns of Mankind, Souvenir,

London. Viewed online at: monkeyfist.com/ChomskyArchive/talks/foucault1_html

Clifford G. Christians (1995), Propaganda and the Technological System, in

Theodore L. Glasser & Charles T. Salmon (Eds.) Public Opinion and the

Communication of Consent, The Guildford Press, New York.

Murray Edelman (1995), The Influence of Rationality Claims on Public Opinion and

Policy, in Theodore L. Glasser & Charles T. Salmon (Eds.) Public Opinion and the

Communication of Consent, The Guildford Press, New York.

BIBLIOGRAPHY

Andreas Faludi & Arnold van der Valk (2001), Rationality and Power: An

Unreconstructed Rationalist�s Echo, International Planning Studies, Volume 6,

No. 3; pp. 271-278

Bent Flyvbjerg (2001a), Making Social Science Matter: Why social theory fails and

how it can succeed again, Cambridge University Press.

________ (2001b), Beyond the Limits of Planning Theory: Response to My Critics,

International Planning Studies, Volume 6, No. 3; pp. 285-294

________ (2000), Ideal Theory, Real Rationality: Habermas Versus Foucault and

Nietzsche, paper for the Political Sciences Association - UK, 50th Annual

Conference, London, 10-13 April 2000.

________ (1998), Rationality and Power: Democracy in Practice, University of

Chicago Press.

John Forester (1999), An Instructive Case Study Hampered By Theoretical Puzzles:

Critical Comments on Bent Flyvbjerg�s Rationality and Power, Cornell University.

Available online: http://www.crp.cornell.edu/forester/Bentcritical.htm last viewed

Friday 27 June 2003. Also published in International Planning Studies, Volume 6,

No. 3, August 2001; pp. 263-270-

All Fricker (1990), Will the Australian Ecology Movement Please Stand Up?: An

Activists perspective, in Ken Dyer & John Young (Eds.), Changing Directions: The

Proceedings of the Conference Ecopolitics IV, 21-24 September 1989, University of

Adelaide.

José María Rodríguez García (2001), Scientia Proestas Est � Knowledge is Power:

Francis Bacon to Michel Foucault, Neohelicon, Volume 28, No. 3; pp. 109-121.

Thomas Gieryn (1995), Boundaries of Science, in Sheila Jasanoff, Trevor Pinch,

James C. Petersen & Gerald E. Markle (Eds), Handbook of science and technology

studies, Sage, California

97

http://www.crp.cornell.edu/forester/Bentcritical.htm


98

Donna J. Haraway (1991), Simians, Cyborgs, and Women � The Reinvention of

Nature, Free Association Books, London.

David Hess (1997), Science Studies: An Advanced Introduction, New York

University Press.

Quintin Hoare & Geoffrey Smith, Editors and Translators (1971), Selections form

the Prison Notebooks of Antonio Gramsci, Lawrence and Wishart, London.

Marcia Langton (1981), Urbanizing Aborigines � The Social Scientists� Great

Deception, Social Alternatives, Volume 2, No. 2; pp. 16-22.

Jim Macnamara (unknown), The Impact of PR on the Media, unknown. Available

online at www.pria.com.au, downloaded 4 February 2003.

Peter Marris (2001), On Rationality and Democracy, International Planning Studies,

Volume 6, No. 3; pp. 279-284

Brain Martin (1984), Environmentalism and Electoralism, The Ecologist, Volume 1

No. 3, pp. 110-118.

Brian Martin & Evelleen Richards (1995), Scientific Knowledge, Controversy, and

Public Decision Making, in Sheila Jasanoff, Trevor Pinch, James C. Petersen &

Gerald E. Markle (Eds), Handbook of Science and Technology Studies, Sage,

California

Emily Martin (1987), The Woman in the Body � A Cultural Analysis of Reproduction,

Beacon Press, Massachusetts.

Carolyn Merchant (1990), The Death of Nature: Women Ecology and the Scientific

Revolution, Harper Collins, New York.

M. Mark Miller & Bonnie Parnell Riechert (2000), Interest Groups Strategies and

Journalistic Norms: News Media Framing of Environmental issues, in Stuart Allan,

Barbara Adam & Cynthia Carter (Eds.), Environmental Risks and the Media,

Routledge, London.

http://www.pria.com.au/

BIBLIOGRAPHY

Michael Mulkay (1992), Science and the Sociology of Knowledge, Gregg Revivals,

England.

Dorothy Nelkin (1982), Controversy as a political challenge, in Barry Barnes &

David Edge (Eds.), Science in Context � Readings in the Sociology of Science, MIT

Press, Massachusetts.

Dorothy Nelkin (1995), Science Controversies � The Dynamics of Public Disputes

in the United States, in Sheila Jasanoff, Trevor Pinch, James C. Petersen & Gerald

E. Markle (Eds), Handbook of Science and Technology Studies, Sage, California

Fiona Nicoll (2002), De-facing Terra Nullius and Facing the

Public Secret of Indigenous Sovereignty in Australia, Borderlands ejournal, Volume

1, No. 2. available online at:

http://www.borderlandsejournal.adelaide.edu.au/vol1no2_2002/nicoll_defacing.html

Elisabeth Noelle-Neumann (1995), Public opinion and Rationality, in Theodore L.

Glasser & Charles T. Salmon (Eds.) Public Opinion and the Communication of

Consent, The Guildford Press, New York.

________ (1993), The Spiral of Silence: Public Opinion � Our Social Skin, The

University of Chicago Press, 2nd Edition.

Val Plumwood (1993), Feminism and the Mastery of Nature, Routledge, London.

________ (2002), Environmental Culture: The Ecological Crisis of Reason,

Routledge, London.

Ariel Salleh (1997), Ecofeminism as Politics: nature, Marx and the postmodern, Zed

Books, London

Colin Salter (2002), An analysis of the current dispute regarding the archaeological

significance of the area known locally as Kuradji Sandon Point, unpublished paper.

99

http://www.borderlandsejournal.adelaide.edu.au/vol1no2_2002/nicoll_defacing.html


100

Andy Smith (1997), Ecofeminism through an Anticolonial Framework, in Karen J.

Warren (Ed.), Ecofeminism: Women, Culture, Nature, Indiana University Press,

USA.

Noël Sturgeon (1997), The Nature of Race: Discourses of Racial Difference in

Ecofeminism, in Karen J. Warren (Ed.), Ecofeminism: Women, Culture, Nature,

Indiana University Press, USA.

Jasmin Sydee (2002), Science, Citizenship, Public Participation and Environmental

Decision-Making: IRATE�s Fight Against the State, unpublished honours thesis,

University of Wollongong.

R Taplin (1992), Adversary procedures and Expertise: The Terania Creek Inquiry,

in Ken Walker (Ed.), Australian Environmental Policy, UNSW Press.

Helen Watson-Verran & David Turnbull (1995), Science and Other Indigenous

Knowledge Systems, in Sheila Jasanoff, Trevor Pinch, James C. Petersen & Gerald

E. Markle (Eds), Handbook of Science and Technology Studies, Sage Publications,

California.

Edward Woodhouse, David Hess, Steve Breyman & Brian Martin (2002), Science

Studies and Activism: Possibilities and Problems for Reconstructivist Agendas,

Social Studies of Science, Sage Publications, London, Volume 32, No. 2, pp 297-

319.

Steven Yearley (1995), The Environmental Challenge to Science Studies, in Sheila

Jasanoff, Trevor Pinch, James C. Petersen & Gerald E. Markle (Eds), Handbook of

science and technology studies, Sage, California.

APPENDIX 1

street map

101

APPENDIX 1

102

STREET MAP

Figure A1.1: Street Map of Kuradji Sandon Point surrounds.1

1 reproduced, and modified, from UBD Wollongong Street Map, Map 299 11th Edition.

103


104

APPENDIX 2

chronology

105

APPENDIX 2

106

1815 Charles Throsby, and two other Europeans, led down the

Illawarra escarpment near present day Bulli along a

Dreaming Track by two Aborigines.

1817 Cornelius O�Brien, the first white settler, arrives at Bulli

(Sandon Point).

Whaling station established at Bulli (Sandon) Point.

1818

27 September �Minnamurra massacre�. Cornelius O�Brien implicated, but

no action taken.

1828 Two more houses in Bulli: Peggy McGawley and the

Gerraty Borthers.

1833 Formalisation of Cornelius O�Brien�s 300 acre land grant

and backdated to 1821. The land grant extended from

between Woniora and Sandon (Bulli) Point in the south

through to Austinmer in the north. The area was known as

O�Brien�s farm.

All other land in the Northern Illawarra granted or sold

(including beaches and waterways).

CHRONOLOGY

1834

March First recorded floods in the Illawarra. Described as the

heaviest rain largest seen in the colony. A number of lives

were lost, roads washed out and crops lost.

1836 Cornelius O�Brien�s sells his land grant to Captain Robert

Marsh Westmacott.

1839 Captain Robert Marsh Westmacott attempts to establish

coal industry in the Illawarra � opposed by the Australian

Agricultural Company who held an exclusive licence.

1841 Of the 900 acres of the �Bulli Estate�, 200 acres were

cleared, a numebr of paddocks were sowed with English

grasses, 30 acres were felled (but not burned), and

30,000 bricks were present � indicating brickmaking hads

already began.

1843 Captain Robert Marsh Westmacott becomes bankrupt

during the 1840 depression, What was originally O�Brien�s

farm is subdivided into 22 lots (from 25 to 165 acres) and

sold.

1847 Captain Robert Marsh Westmacotts �Woodlands� sold for

£800.

1857 Bulli becoming a mining village.

1862 Bulli coal mine sanctioned by Parliament.

107

APPENDIX 2

108

1863 First Coal shipments from Bull Jetty.

23 June Bulli coal mine officially opened.

21 June Reconstructed (second) Bulli Jetty washed away by heavy

seas. Four lives lost.

1887 A large storm uncovers Aboriginal remains in the sand at

what was referred to as Floyd�s Point, now known as

Woniora Point. The Sandon Point area widely

acknowledged as Aboriginal burial ground.

17 January Wives and children of local striking coal miners blockade

the Illawarra train line to prevent scab labourers arriving

from Sydney.1

23 March Explosion at Bulli Mine. Eighty one men and boys die.

1889 Coke ovens built alongside Bulli Tramway.

1894 Brickyard constructed on O�Brien�s farm.

1900 Bulli Point renamed Sandon Point.

1906

16 May Bull Shire proclaimed.

1907 205 feet of Bulli jetty washed away.

1912 Partial collapse of Bulli Jetty.

1920 Vulcan Silica Fire Brick Company begins production.

1 The worst coal mining disaster in Australian History occurred in March at Bulli.

CHRONOLOGY

1933 Thirroul Brickworks sold to Newbolds Industrial

Refractories.

1943 Bulli Jetty abandoned after seaward end washed away

during storm. Coal shipped by rail to Port Kembla.

1947 Bulli Shire Council, Central Illawarra Shire Council and the

Municipality of North Illawarra combined to form �The City

of Greater Wollongong Council�.

1950 Water Board purchase land between Hewitt�s and

Tramway creek for sewer line.

1950s Bulli Cokeworks abandoned after increase in coke ovens

at Port Kembla.

1970s Anecdotal evidence indicates that a number of Aboriginal

burial sites (possibly eight) were stumbled across by

Water Board workers laying sewerage pipelines at

Sandon Point.

1974 A burial, believed to be of Aboriginal origin, was

discovered on McCauley�s beach by Kim and Tony

Stephenson, local brothers. The remains were taken away

by police. Its current location is not known, however, the

Australian Museum has remains recorded as arriving from

the area around that time.

Newbolds Industrial Refractories taken over by �Australian

Industrial Refractories�, a BHP Company.

1980s The remains of Aboriginal burial disturbed by Sydney

Water in the 1970s are recovered during survey. The

remains are relocated a short distance away by local

Indigenous people. 109

APPENDIX 2

110

Northern Illawarra Action Group (NIRAG) formed to

oppose the construction of coal loading bins, a conveyor

and balloon rail loop at Kuradji Sandon Point.

1992 First Navin Officer �walk-over� of the Sandon Point site.

Artefact, alter to be identified as circumcision stone by

Uncle Guboo, found on what was to become stage 1-6

area.2

Navin Officer investigate McCauley�s beach midden.

1993 Sandon Point Local Environment Study published.

October BHP release �Contamination Assessment of BHP Steel

Collieries property at Sandon Point, Bulli�.

November Navin Officer release �Further Archaeological

Investigations: Sandon Point, Wollongong, NSW.�

1994

February BHP release � Geotechnical Evaluation: Sandon Point,

Bulli

BHP release �Contamination Assessment (Stage II) of

BHP Steel Collieries property at Sandon Point, Bulli�.

April Mitchell McCotter & Associates publish �Review of

Sandon Point Local Environmental Study.�

2 Max Ackerman, president of NIRAG, found the artefact and gave it to Uncle Guboo. A photograph of the stone was presented at the initial Land and Environment Court hearings. Stockland indicated that Max should be charged for removing it from the site.

CHRONOLOGY

1995 Forbes Rigby publish �A review of flooding issues

identified in the Sandon Point Local Environmental Study:

for Wollongong City Council.�

1996 Wollongong City Council release �Amended draft:

development control plan 94/17 for land between Sandon

Point and East Thirroul.�

26 February Richard Heggie and Associates release �Sandon Point

Residential Subdivision, Thirroul.�

1997 Sandon Point rezoned residential. [Wollongong State of

the Environment Report states the land was rezoned by

the NSW government].

Development Control Plan for Sandon Point takes effect.

[maximum allowance in Master Plan is 430 lots].

1997 � 1999 Negotiations between Sydney Water and Stockland

regarding sale of the former Water Board land.

1998 Sale of Sydney Water land to Stockland Trust Group

(including location of Kuradji burial and part of tool �

making site). Payments finalised on 1 June 2001.

BHP sell northern (AIR site) and southern areas of

Sandon Point to Stockland.

March Kuradji exposed by heavy seas on land still owned by

Sydney Water. �Found� by two local brothers: Kim and

Tony Stephenson.

13 May Wollongong City Council release �Development control

plan 94/17 for land between Sandon Point and East

111

APPENDIX 2

112

Thirroul.� The DCP is amended to include Lots 55 and 56

dp.7813, Hill St. Bulli

Richard Fullagar & Denise Donlon publish �Archaeological

Salvage Excavation at McCauleys Beach, Thirroul NSW:

Preliminary Report.�

1999 Letter from Basil Smith, ILALC to Northern Illawarra

Residents Action Group, re �Sandon Point and

surrounding area. The Illawarra Local Aboriginal Land

Council� fully support NIRAG endeavours to have no

new developments of any kind in that area. The land in

question is an Aboriginal burial ground and regarded as a

significant and sacred site to the traditional tribes of this

area This land council will not support any further building

developments in that area... I would explore the

possibilities to establish an Aboriginal keeping place

museum, information centre, overlooking McCauley�s

beach� The proposal is for all Australians.� Also develop

a landcare project with partnership responsibility �solely

between the traditional owners, the Northern Illawarra

residents action group and NSW NPWS.�

2000

May Bradley Residential Design release �McCauley�s Beach at

Sandon Point: Masterplan Report.�

First �Development� Application submitted.

September NPWS indicate that no reburial is registered at Sandon

Point.

Rose Consulting Group publish �Location of

archaeological sites, Sandon Point, Bulli: Bulli Coke

Company's coke ovens and salt works.�

CHRONOLOGY

Public exhibition for Stage 1 Development Application

exhibited during the Olympic Games by Wollongong City

Council.

Stages 2 to 6 DA exhibited. Integrated Development box

was ticked for European Heritage and Dept of Land &

Water on Stage 2 No s90 NPW Act box was ticked.

November Network Geotechnics release �Proposed Residential

subdivision, Stage 1, Hill Street, Sandon Point:

Geotechnical Assessment & Pavement thickness Design.�

The DA for Stage 1 is deferred. Indigenous issues cited.

Stockland launch legal action.

18 December DA for Stage 1 approved by WCC. Condition requiring

that a Land Council member �be employed by the

developer to oversee the earthworks in Stage 1 and any

areas of significance be protected and development not

impose on such areas�.

A recision notice was passed and held effect until 19

February 2001 council meeting when it was defeated on

political numbers.

26 December Sandon Point Aboriginal Tent Embassy (SPATE)

established at McCauley�s Beach.

2001 NPWS begin investigations of Aboriginal Place

declaration.

16 February Uncle Guboo Ted Thomas renames Sandon Point

Kuradji.

19 February Approximately 300 people attend WCC Council meeting

calling for recision of Stage 1 approval. Uncle Guboo

113

APPENDIX 2

114

addresses meeting. WCC votes against recision, allowing

Stockland to proceed with Stage 1.

26 February Richard Fullagar publishes �Archaeology at Sandon Point

& McCauleys Beach.�

March Rose Consulting Group release �McCauley's Beach,

Sandon Point: Heritage Impact Assessment.�

May Earth Air Water release �Supplementary Sampling,

Sandon Point: 9 May 2001.�

June Sandon Point Aboriginal Place draft Investigation Report

completed for NPWS (Alison Nightingale). Report is not

released to public, although indicating basis exists for site

listing.3

Robinson GRC release draft �McCauleys Beach at

Sandon Point: Stormwater Masterplan Report.�

Navin Officer Heritage Consultants release �Sandon Point

Development Area � Stages 2-6 Archaeological

investigations of the area covered by the proposed

Stocklands residential development at Sandon Point.�

12 June Connell Wagner release draft of �Sandon Point flora and

fauna assessment.�

10 July Richard Heggie Associates release �Sandon Point

development, Noise Impact Assessment�

11 July Statutory declaration signed by Kim Stephenson, resident,

relating to two burials found by himself and his brother

Tony. One in 1974 the other in 1998.

3 Rick Farley obtained first public copies during facilitation process.

CHRONOLOGY

August Navin Officer Heritage Consultants release �Sandon Point

residential subdivision, Stage 1 Development area, north

of Wollongong, NSW: archaeological subsurface testing

program.�

27 August Written statements tendered to Land & Environment Court

by Reuben and Craig Brown regarding significance of

whole site (Reuben) and dissatisfaction with Dig

methodology (Craig).

September NPWS indicate interest in completing Aboriginal Place

Declaration.4

24 September Geotechnical excavations undertaken without permit over

next 2 weeks (approximate). Breaches of NPW Act, 1974,

Threatened Species Act 1995, Rivers & Foreshores

Improvement Act 1948, and Heritage Act 1977.

October Navin Officer Heritage Consultants release �Sandon Point

residential subdivision, Stages 2-6, development area

Bulli, north of Wollongong, NSW: archaeological

subsurface testing program & aboriginal consultation.�

Location of artefact found in 1992 indicated as outside

stages 1-6 area

9 October Slasher grass cut in threatened species area (breach of

Threatened Species Act 1995).

25 October Stockland make applications for s90 consents (consent to

destroy an Aboriginal place) under the NP&W Act for

stage 1 and stages 2-6

4 No Further was taken by NPWS.

115

APPENDIX 2

116

26 October Surveyors from placed �buffer-zone� poles in Wetlands.

Repeated instance. (breach of S90 of the National Parks

and Wildlife Act).

16 December First anniversary of Sandon Point Aboriginal Tent

Embassy (SPATE) celebrated. Mentioned on ABC

National News the following Monday.

2 November Commissioner Hoffman hands down judgment in NSW

Land and Environment Court. The area was described as

of �minor significance� and that artefacts of �greater

significance�, �if they ever existed�, were unlikely. Further,

�there was no evidence that the land possessed a long

oral history as a significant place of Aboriginal culture.�5

2002 The Tramway Wetlands Planning Committee and

Northern Illawarra Residents Action Group release the

final draft of �Sandon Point: a community vision: bushland

management strategy 2002 and beyond�

23 January Further breaches by Stockland on �Stage 7� near

Tramway creek. WCC requested workers to leave.

Requests complied with.

30 January First Sandon Point Process Committee meeting held.

Meetings to be facilitated by Rick Farley.

The NPWS approved two Stockland applications for

Consent to Destroy an Aboriginal Site under Section 90 of

the National parks and Wildlife Act (Stage 1 and Stages 2-

6). Stockland subsequently announced intentions to

commence construction on Stages 1 to 6

5 The court requested no oral evidence, and no community evidence was allowed to be tendered.

CHRONOLOGY

Stockland still willing to continue with facilitation process,

but not for Stages 1-6.

A list of approximately 45 Reports on Sandon Point were

presented, including statements of evidence for Stockland

and Council, in the Land and Environment Court.

12-14 February Community blockade of construction entrance to Sandon

Point site. Stockland hired (some armed) security

patrolling with guard-dogs. Mass show of community

solidarity and resistance.

Discussion indicated that only a handful of people were

prepared to be arrested, yet when the police attempted to

move the community, almost all present refused to move.

Approx 60 people were removed and taken to either Bulli

or Wollongong Police stations before release. Many

removed from site returned immediately and re-joined

blockade. A tripod was established as last line of defence.

A large police contingent included members of the

Tactical Resource Group.

An injunction is sought in the Land and Environment Court

by Roy Kennedy, on behalf of SPATE, regarding further

assessment of evidence in relation to the Indigenous

Cultural and Heritage significance for the site. The

injunction is granted (February 14), and ordered all

machinery to be removed from site.

24 February George Harrison (Lord Mayor), Councillors Alex Darling,

Vicky King, Dave Martin and Mike Mouritz meet with

David Campbell MP and Andrew Refshauge (Deputy

Premier, Minister for Planning, Minister for Aboriginal

Affairs, and Minister for Housing). No community

representatives were permitted to attend

117

APPENDIX 2

118

WCC Councillors indicate they want the Farley Facilitation

Process to continue for the whole Sandon Point site. A

condition of these negotiations would require Stockland to

give access to the archaeologists to do the Aboriginal

heritage study. Stockland have not yet given approval for

the Aboriginal Heritage study on Stages 1 - 6, even

though Council has commissioned Richard Fullagar to do

the work.

WCC resolved to urge Debus to revoke the Section 90

approvals already given if Stockland refuses access to do

the Aboriginal Heritage Study

Sandon Point website concept launched

25 February Community media release: The NSW Government's

decision to buy-back Ballast Point, Balmain, has prompted

residents in Wollongong's northern suburbs to ask why 60

hectares of coastal floodplain at Sandon Point, between

Bulli and Thirroul, should not receive the same treatment.

26 February Second Facilitation committee meeting.

Stockland agreed to contribute to (not fully fund) a

European Heritage study, contribute towards an

Interpretive Heritage facility, and agreed to give

archaeologists Michael Therrin and/or Richard Fullagar

access for monitoring on Stages 1 - 6, but not for the

additional cultural heritage studies.

2-3 March Second annual Save Sandon Point Surf Festival held in

conjunction with first anniversary of community picket.

20 March Michael Organ, Marcel Van Wijk, Boni Martin, Ross

Dearden as community representatives, and Reuben

Brown, on behalf of SPATE, meet Andrew Refshauge

CHRONOLOGY

(Deputy Premier, Minister for Planning, Minister for

Aboriginal Affairs, and Minister for Housing) and David

Campbell (Member for Keira).

20-22 March Land and Environment Court hearing regarding the

injunction granted on February 14. The hearing is

adjourned to 18 April 2002. The injunction remains in

place.

11 April Ian Cohen MLC reads out sections of (as yet unpublished)

Sandon Point newsletter. Parliamentary privilege is used

to reduce potential for community members to be sued.

18 April Land and Environment Court hearing considering the

injunction granted on February 14 and regarding further

assessment of evidence in relation to the Indigenous

Cultural and Heritage significance for the site

recommences.

29 April Stockland present a model of their proposed housing

estate to WCC. Concerns raised by local community over

accuracy of model � considered to be misleading.

Stockland later change their proposal to include

apartment buildings to 5 stories not indicated on model.

May Generic Plan of Management for Community Land

classified as Natural Areas on exhibition for public

comment.

Discussions held between Stockland and the Aboriginal

Community about delaying submission of a DA for land

(2000m2) near the Sydney Water pumping station.

Community concerns include requirement for an

agreement to cooperate on Stages 1 � 6.

119

APPENDIX 2

120

3 May Nick Duncan describes events at the Sandon Point

Valentines Day protest as 'violent demonstrations' in

Illawarra Mercury � despite not being present.

9 May Response received from Bob Carr�s Office (sent to Cate

Wilson and Michael Organ). Matter referred to Andrew

Refshuage, MP (Deputy Premier, Minister for Planning,

Minister for Aboriginal Affairs, and Minister for Housing).

Email from Nick Duncan to members of community and

Wollongong City Council Staff:

It is extremely important to note that all people who wish

to enter land owned by Stockland must first obtain written

permission from Stockland and a Stockland

representative must be in attendance at any site entry. At

this point in time no permission of entry has been

provided to any parties. I would appreciate if you could

pass this message on to any other parties you are aware

of who may be considering entering Stockland property.

It should also be noted that Stockland intend to start

works on stages 1-6 as soon as appropriate resources are

available.

10 May Rick Farley (facilitation committee) update [11]. He

advises David Papps, the Executive Director of NSW

Planning, that there is no prospect of substantial

agreement between all the parties to the facilitation

process.

Greens MP Lee Rhiannon releases a letter from Energy

Minister Kim Yeadon to Labor MP David Campbell in

which he promises that the necessary safeguards are in

place to protect sites of cultural and heritage significance

at Sandon Point.

CHRONOLOGY

The community follow up this letter. They request a

moratorium on site work, urging the government to

resume the land. Some community members also

compromised and requested that If all the land could not

be resumed that funding to provide 40 m buffers from the

Threatened species limits and to keep development off

the Aboriginal campsite [found in 2001] be provided.

Community media release: The time has come for the four

NSW government Ministers involved in a housing

development at Sandon Point in the North Illawarra to act,

community groups in Wollongong said today�.

14 May Community noticed mention of Sandon Point on

Stockland website:

Stockland Residential New South Wales. We are currently

marketing eleven estates in New South Wales. Stockland

Residential Estate Lots to be Sold: Sandon Point at

Thirroul, Wollongong 400 lots to be created

Site is referred to as �Sandon Point� � this changes around

September to �the point� � probably as a direct result of

the community campaign. Also marketed as �Thirroul�

despite being located in Bulli.

Stockland begin displaying its controversial scale model to

the public. Model located in Corrimal Mall, and presented

by a �women in red dresses�. Also of note is the use of

grassroots tactics, with a petition at the �stall� asking the

community to support their calls for Sandon Point to go

ahead.

Community begins preparation for action on May 20, the

expected date for the re-commencement of work at the

site

121

APPENDIX 2

122

Despite assurances of no work on site until May 20,

Stockland began erecting fences at Sandon Point

moment. Community comment: Howard's budget erects a

fence around Oz, and Stockland erects a fence around

"their" land.

15 May A glossy full colour 8-page Stockland Newsletter was

delivered to residents of the Northern suburbs.

17 May Heavy machinery was moved onto site at Sandon Point.

Nick Duncan, Stockland Residential Estates Manager was

emailed by Bruce Reyburn to advise him that sub-

contractors working for Stockland did not have permission

from the �Koori� people to be on site:

I have, this morning, confirmed with a senior Koori

spokesperson from the Kuradji-Sandon Point Aboriginal

Tent Embassy that the contractors presently working in

that area are not there with the permission of Koori

people.

In these circumstances, it would be responsible

management practice for the Stockland Trust Group to

inform these contractors and their employees in their

potential liabilities for acts of cultural genocide.

The Sandon Point printed (4-page community bulletin for

the protection of Sandon Point). The publication was

delayed for almost 6 weeks due to concerns over potential

lawsuits relating to some comments included. Mailboxed

to community over next few days.

Richard Jones, MLC, sends letter to Bob Debus (Minister

for the Environment, Attorney General) supporting

CHRONOLOGY

community call for requests for an Interim Protection

Order on the Tramway Wetlands.

18-19 May �Sandon Saturday� Workshops held regarding Direct

action, campaign strategy, etc at Sandon Point Surf Club.

Organised by community and Total Environment Centre

14 May Uncle Guboo, Senior Yuin Lawman passes away at

Moruya. Very windy night follows. Lots of subsequent

discussion regarding the timing of his passing.

15 May Fences erected around stages 1-6.

20 May A large community contingent (over 100) stage a mass

walk-on at the construction entrance of the Sandon Point

site. All fences surrounding the entire the site are pulled

down.

The police are witnessed waiting at the intersection of

Point St and the Princes highway, and did not move to the

site until after all the fences had been removed. Five

arrests were made based on the advice of Paul Hedge,

Project Manager for Stockland. A number of those

arrested are the children of high profile community

members.

21 May The John Aquilina (ALP) visits the Illawarra to highlight

ALP funded initiatives.

A senior Stockland executive makes the following

statement in a telephone conversation with a member of

the local community:

You, [Miss X and Miss Y] are a disgrace. You should be

locked up in jail and I intend to see that you are.

123

APPENDIX 2

124

21-22 May Sandon Point makes Channel 9 National News

22 May Paul Hedge, Stockland Project Manager, contacted

regarding concerns that work was being undertaken

without the Excavation Director on site:

under the NSW Heritage Act (1977) as amended,

Stockland could not start excavation unless the

Excavation Director was present and that archival

recording of the site was completed and deposited with

the consent authority.

Concerns are raised regarding the lack of monitoring by

Aboriginal site officers, despite being present on site.

Approx. 30 members of the community enter the site, one

�locks-on� to machinery. Around 15 people arrested.

Police attempt to impose harsh bail conditions, many of

those arrested refuse these conditions.

22-23 May Alan Jones, whilst discussing inappropriate development

on his talkback program, mentioned Sandon Point. His

comment was recalled as along the lines of:

'you've got 7000 signatures, why aren't they [the pollies]

listening to you???'

23 May Article in Daily Telegraph. Page 13 has photograph of a

Stockland contractor grabbing a member of the

community around the neck outside of the fenced area,

and in full view of the police. Police take no action.

EPA contacted regarding potential for pollution from the

site:

CHRONOLOGY

if the EPA does not bring a prosecution or issue a

pollution licence within 90 days, it is likely that a private

prosecution will be commenced under s. 219 of the POEO

Act. Contamination�Asbestos has been found on the

site and has been disturbed by the earthworks. It is known

that arsenic is present at the site. It is believed that other

contaminants are likely to be present. The Sandon Point

site is therefore contaminated within the meaning of the

Contaminated Land Management Act.

Greens (Lee Rhiannon) media release regarding flood

issues at Sandon Point area

24 May Excavated soil containing artefacts illegally dumped on

AIR site by Stockland.

First discussion within the community regarding the option

of a call-in for the site

Ancient Aboriginal axe head discovered

25 May Protectors of Public lands demonstration at State ALP

conference (including Sandon Point).

27 May a small number of community members enter site, and an

older member (female) of community �locks-on� to

machinery.

June Sandon Point is "named" in the Royal Commission into

the Building Industry as an example of union �stand-over�

tactics.

3 June Community call for urgent meeting with WCC, the

Excavation Director, and the local community regarding

Heritage issues.

125

APPENDIX 2

126

4 June Response from Simon Crean (federal ALP leader) after

request for support regarding Federal Intervention.

�It appears that the project has now gone through all the

necessary approval processes and will now proceed. In

this circumstances, and bearing in mind it is in any case a

state and local government issue, I regret there is nothing

further I can do.�

Sandon Point featured in exhibition of community

campaigns at the Australian Museum. The exhibition,

sponsored by The Greens, is titled �Saving biodiversity

through community action�.

7 June ABC news story reports that Stockland is the �preferred�

contractor for the NSW Government.

15 June Public rally at SPATE

16 June Letter to Police Minister regarding assaults, threats of

assault and intimidation by Stockland Contractors.

18 June Community/SPATE action at Stockland Head office in

Sydney. An �ownership claim� was handed to Stockland

Representatives by SPATE representatives following a

short occupation of the office.

19 June Initial court hearing for community members arrested at

Sandon Point on May 22.

24 June Dick Henry, local Indigenous person, mentions knowledge

of the reburial of the 8 burials uncovered in the 1970�s by

the Water Board. Indicates that NPWS are aware of this.

27 June Stockland again transporting soil (containing Indigenous

artefacts) to the AIR site without approval.

CHRONOLOGY

Demonstration at State parliament to coincide with last

sitting day. Questions on notice asked by The Greens

Unsuccessful attempt was made to gain a stop work

injunction by SPATE at the Land and Environment Court

July Two Aboriginal Elders make application made to David

Kemp, Federal Minister for Aboriginal Heritage, for an

emergency Declaration under the Aboriginal and Torres

Straight Islander Heritage Act to protect Sandon Point.

1 July Further works by Stockland carried out without consent.

4 July Land Environment Court Decision reversed. New date for

hearing set

Local resident assaulted by up to 12 Stockland

Contractors on the cycleway

8 July Land Environment Court preliminary hearing begins

10-12 July 3-day Land Environment Court hearing. Stockland admit

undertaking work without consent.

12 July Sandon Point benefit at �Beaches� in Thirroul.

16 July Land and Environment Court Decision handed down

24 July Community funds full-page Advertisement in Wollongong

Advertiser regarding Aboriginal Heritage

25 July George Harrison resigns as Lord Mayor

28 July Redesign of Sandon Point website launched

127

APPENDIX 2

128

August Dr Peter Hiscock �Appraisal of Archaeological Studies at

Sandon Point� completed at the request of Allan Carriage

and SPATE.

8-9 August Community member assaulted at community picket.

12 August Steve Martin (federal member) announces resignation.

16 August Kuradji� feature on ABC radio

Stockland advertising billboard: �the point of life� seen at

Hurstville

22 August Endanger Place� listing for Sandon Point announced.

Stockland threatens web designer with lawsuit

24 August Public Meeting at Sandon Point

25 August Wollongong Police contact web designer regarding

complaint made by Stockland.

10 September Bulli Coke ovens destroyed by Stockland after excavation

(including those on stage 7 without approval).

10-13 September Community DCP workshops � community representatives

boycott.

19 September Kerry Nettle, MP, asks questions regarding EPBC Act and

Sandon Point

27 September Hiscock Report released to the public

30 September NPWS grant third s90 consent to Stockland. Massive

community outrage � community members enter site to

stop work. New tactics used by Stockland � as soon as

CHRONOLOGY

anyone enters site, they pack up and move away � no

confrontation.

Timing of approval indicates that community submission

was not considered. Aboriginal Site Officers were asked,

prior to consent given by National parks, to be on site for

monitoring. Indicates potential collusion between

Stockland and NPWS.

1 October Members of the community stage a �walk-on� onto the

area subject to the third s90 consent after work began.

Other members of the community began contacting

government departments and specific Ministers

In an unanticipated move, the contractors on site

immediately drive away in the machinery. This was

repeated numerous times throughout the day, with the

contractors again leaving the area.

Prior to the community walk-on, Paul Hedge was noticed

having a meeting with the contractors scheduled to be

working in that area.

Michael Organ, the Greens candidate for the Cunningham

bi-election, and Lee Rhiannon, an upper house MP for the

Greens in NSW, are present.

129

Documents

REPRESENTATIONS . RATIONALES . POWERold.sandon-point.org.au/pdf/Colin Salter (2003) - screen resolution.pdf · REPRESENTATIONS . RATIONALES . POWER STOCKLAND TRUST GROUP™S PUBLIC