Eurobodalla councillor Gabi Harding will call for the support of her colleagues on Tuesday to immediately revoke the council's approval of an expanded HuntFest festival on advice it may have been in breach of the law.
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Cr Harding said the Environmental Defender's Office (EDO) had written to the council's general manager advising her that the original approval of HuntFest did not support this year's proposed additional activities to include weapons sales and an air-rifle range, and that council was not acting legally in approving them.
The advice came after the group Stop Arms Fairs in Eurobodalla (SAFE) wrote to the EDO questioning the legality of the HuntFest approval as it currently stood.
The EDO has since agreed to act on behalf of SAFE in the matter.
There are two concurrent processes that need to be completed when it comes to approval of HuntFest, the event licence to use the land and a development application for the proposed activities.
While the council amended the HuntFest event license in October 2014 to include the sale of firearms and an air-rifle range, SAFE argues the expanded HuntFest event breaches its development consent, which was last approved by the council in 2012.
According to the EDO, HuntFest organisers the South Coast Hunters Club stated on its development application (DA), dated June 24, 2012, that the proposed use of the land was limited to the temporary use of structures for “hunting, camping, photo/DVD competition, food stalls”.
"... it appears that the club is now proposing to conduct HuntFest over the whole of the NATA oval and Southern Bluewater (Sports and Leisure Centre) Reserves including the display and sale of firearms and ammunition, a mobile air rifle range, hunting simulators, archery courses and animal skinning," the letter from the EDO states.
“None of these activities have been approved under the (Environmental Planning and Assessment) Act, nor has the community been consulted on the expanded nature and scale of HuntFest 2015 in accordance with the provisions of the EPA Act.
“Such consultation is a separate requirement to any consultation that might have occurred in connection with council’s licence variations.
“Given the festival is due to be held in just over two weeks’ time, our client urgently requests that the council issue the proponents of HuntFest 2015 with an order under 121B of the EPA Act to comply with the conditions of its Development Consent 51/13 dated 12 October 2012 (2012 Consent).”
SAFE representative Peter Cormick, who formally joined the group two weeks ago, said the EDO expressed the view that a fresh development application would be required under the EPA Act for this year’s event.
"The council has only completed the licensing process ... what they didn't do is amend the DA," Mr Cormick said.
"In fact, according to the EDO, an amendment is not sufficient. A new application is required.
"This is yet another example of council incompetence."
Mr Cormick said the letter from the EDO was sent to the council's general manager Dr Catherine Dale on Thursday, while SAFE distributed it to all councillors on Saturday.
Cr Harding said she planned to put forward a motion as a matter of urgency to council's meeting on Tuesday that approval for the additional activities be suspended pending an appropriate review.
“The only responsible action for council to take following receipt of this advice is to suspend its approval of gun sales, archery courses and an air0rifle range for this year's HuntFest, and establish an independent legal review process," Cr Harding said.
“The least that Eurobodalla residents and ratepayers can expect from their elected representatives is adherence to and respect for the law.
“To move from an exhibition-style event to the sale of lethal weapons is a major step, and we must be clear about the legal basis for its approval before it goes ahead."
This year's HuntFest, to be held on June 6 and 7, is sponsored by the Sporting Shooters Association of Australia.
In addition to the availability of guns and ammunition to purchase from licensed firearms dealers and a mobile air-rifle range, the event will include stalls and activities featuring hunting and equipment, four-wheel driving, camping, clothing, bikes and quad bikes, bow hunting, field cooking equipment, meat processing and preserving equipment, field dressing, cooked and fresh food vendors and other outdoor exhibits.
There will also be demonstrations in skinning and processing the meat from game animals.