General News
12 August, 2023
Claims of racism
A PIONEERING cane farmer has accused Cairns Regional Council of having a white Australia policy after it approved two boat maintenance and repair applications at East Trinity.
David Wah Day, of Chinese descent, was permitted to speak at Wednesday’s planning and environmental meeting about the applications which are next to his farming property.
There have been long-standing issues between the Wah Days and the boat yard operators, specifically about use of an easement road through the Wah Day property.
In 2003 the Supreme Court granted one of the property owners access to the easement for reasonable domestic vehicle access as well as business traffic.
Mr Wah Day told councillors that the court granted access through their property specifically so children could be taken to meet the school bus on Pine Creek Yarrabah Rd.
He alleged the property owners constantly breached the court order, he had been assaulted and threatened with violence, that trucks constantly used the easement, that old cars and other materials had been dumped on his property, his prawn ponds had been polluted, there were frequent acts of trespassing and there were up to 60 people working in the boat yards.
Mr Wah Day said he “will not tolerate the white Australia policy anymore”.
The 80-year-old said he didn’t have long to live, he had nothing to lose and would fight the council’s decisions.’
The council approved the two applications – by C A Fay (known as the Rum Jungle Marine Facility) on 67R Lee Yan Rd and the second by B A and JC Mumby on 69R Lee Yan Rd for material changes of use for marine industry and boat maintenance or repair with 23 pages of strict conditions, including environmental controls. Mr Wah Day and his brother Henry lodged formal objections to both applications saying “we do not support the material change of use”.
Their objections included alleged breaches of the easement order, illegal boat maintenance, pollution, trespassing and dumping on their land.
Both applications advised “that the access easement, being Easement X on SP121857, is to be used for residential purposes only, and that all business related traffic (customer, supplier and service provider access) is to occur via Trinity Inlet. The approval is conditioned to require all marine industry-related access to be via Trinity Inlet”.
Cr Moller, who moved that the applications be approved, said he was concerned about protection of the environmentally-sensitive area as well as the objections from the Wah Days.
He said it had “weighed heavily” on him but that he supported the recommendations of the officers because of the large number of strict conditions covering 23 pages.
Cr Moller said there were no legal grounds for the council to refuse the applications.
Planning and environment committee chairman Cr Terry James wanted to know how the council would police the conditions with growth, planning and sustainability director Ed Johnson saying there were a number of different agencies within and outside the council that would ensure the conditions were adhered to.
He said council officers would work very closely with the landowners, including detailed checks and visits, and there would be “no excuses” accepted for any breach of the conditions.
Cr James later told Cairns Local News that, of course, the council was not racist nor had a white Australia policy. He said unfortunately Mr Wah Day did not understand the process or the legalities.
Cr Amy Eden and Cr Rob Pyne voted against the applications.
Cr Eden said she wanted the applications put on hold so she could have further “conversations” about them while Cr Pyne said the boat yards were located in “very environmentally-sensitive areas”.
