COUNCIL & SCAMMERS USE FALSE NAME “ONE MILE CREEK” TO FUND DREDGING OF STONY CREEK TO CONVINCE NAIVE BUYERS THAT DREDGING WILL CREATE MYTHICAL “DEEP-WATER ACCESS” FOR DEFUNCT PRIVATE CANAL ESTATE “PORT HINCHINBROOK”
CCRC councilors, local MP, Commonwealth MPs, Senators, past PM, have (in our view) committed a serious offence by publishing a false place name “One Mile Creek”(Place Names Act 1994 (QLD):
In 2020-21, Cassowary Coast Regional Council (CCRC), Katter Party MP Nick Dametto, Deputy PM Nick McCormack, PM Scott Morrison, LP Senator Susan McDonald, candidate Scott Piper, NP Senator Bridget McKenzie, and Deputy PM Barnaby Joyce together misled the public, when they secured a $1.5m Commonwealth “Sports Rort” grant for dredging “One Mile Creek” to support the defunct “Port Hinchinbrook” private estate (in liquidation since 2012). Senator Susan McDonald offered a further $2,5m if her candidate Scott Piper won the seat held by Nick Dametto. The site of the proposed dredging is Stony Creek (east of Bruce Highway) - NOT One Mile Creek. One Mile Creek, west of Bruce Highway, CANNOT access “Port Hinchinbrook” (see map).
These offences were white-washed by a Queensland ministerial investigation. The Queensland Resources Minister investigated the messenger rather than the offences; raising a new concern that unauthorised gazettal interference, although corrupt, may be a commonplace and tolerated activity. Why rob the public purse? $1.5m is not enough to dredge 800m. The CCRC therefore plans to dredge a shallow channel 100m long, starting at the boat ramp. The declared intent in wasting this public money is to shame state & Commonwealth governments into making further grants for dredging, to perpetuate the original spurious myth of deep-water access; thus facilitating sales on “Port Hinchinbrook” to gullible buyers. By nominating silt extraction of less than 1000t annually, the CCRC also hopes to take advantage of a legal loophole to avoid a DES Permit and DES scrutiny. EXPLANATORY NOTES OFFENCE COMMITTED - publishing unapproved place name - Place Names Act 1994 (QLD) s15
(1) A person must not, in trade or commerce-- (a) publish a document; or (b) authorise the publication in a document of an advertisement or statement; in which a name that is not an approved name of a place is represented as the place’s name… OFFENCE COMMITTED – altering a restricted document - Criminal Code Act 1995 (CTH) GEOGRAPHY and UTILITY 1. Muddy Creek, One Mile Creek, and many small unnamed creeks, wind through melaleuca-mangrove wetlands a kilometre south of Cardwell, at the northern end of shallow Hinchinbrook Passage.
2. One Mile Creek & Muddy Creek were never navigable. 3. Stony Creek arises in the Cardwell Ranges and flows into the Hinchinbrook Passage at Oyster Point. 4. The lower reach of Stony Creek runs from boat ramp to Hinchinbrook Passage. Navigable by dinghies, it is too shallow to fulfill the Developer’s dishonest promise of all-tide access. 5 . The public boat ramp and private ship maintenance basin are located near the Bruce Highway. 6. Stony Creek was ruled out as a boat haven by government and all other studies because it lacks naturally deep water and cannot be successfully dredged due to severe siltation and storm surge. 7. Stony Creek is the place desired (by the CCRC et al) to be dredged, not One Mile Creek. PORT HINCHINBROOK: DRY-EXCAVATED, DREDGED, BOAT RAMP, BREAKWALLS, LIQUIDATION
In 1994-2000 the lower reach of Stony Creek was initially dry-excavated, then dredged, to make an access channel (dubbed “Grande Canal” by the Developer) to serve the public boat ramp and the “Port Hinchinbrook” private ship maintenance basin, private marina, and private berths.
In 2005 the Developer built two breakwater walls to extend the access channel 100m into the Hinchinbrook Passage, claiming spuriously that these would dramatically reduce siltation. In 2012 the original development company went into liquidation. The current Development Company is The Passage Holdings (not to be confused with Passage Holdings). The Queensland Department of Environment and Science (DES) discovered the false place name in December 2019. DES stated that: 1. an unauthorised person had accessed the Queensland Place Names Gazetteer and had made an unauthorised change to it, replacing the words “Stony Creek” with “One Mile Creek”. 2. the Department of Natural Resources had immediately corrected the Place Names Gazetteer. 3. DES had already granted a dredging Permit (Environmental Authority) for “One Mile Creek”. 4. the false placename did not in itself invalidate the Permit, which relied on Lot numbers to precisely locate the land to be dredged. 5. The DES permit was suspended by court order; a lack of approved spoil pond being the likely reason. VERIFIABLE FACTS
Nick Dametto MP has been using the false place name “One Mile Creek” for the site of the desired dredging in public advertising and Face Book since at least 2018. CCRC councilors have obtained the Commonwealth grant ($1.5m) using the false name “One Mile Creek”, despite having always known that Stony Creek is the place to be dredged. Stony Creek is known in government and science studies for its severe siltation. All studies and records since 1977 show conclusively that dredging is “infeasible” and spoil disposal “prohibitively costly”. There is literally no-where to legally store any more dredge spoil. The “Port Hinchinbrook” public boat ramp (built by the Development Company Cardwell Properties Pty Ltd, director Keith Williams) is accessed downstream of the Bruce Highway. Frequency of navigability in Stony Creek: With a tidal range of c. 3.5m, there are few daylight hours when the depth is less than 1 metre, according to the Queensland Tide Book. See the graph for Cardwell in https://www.tide-forecast.com/locations/Cardwell-Australia/tides/latest FALSE CURE: Reality belies the promise of tide book predictions. Drying heights due to siltation (which is not a predictable quantity) can be 1 metre (expressed as -1m) or more above CD (LAT). Drying heights can prevent navigation. Hence the popular demand for repeated dredging. A Queensland consultancy (OPEN DATA) depends on the Queensland Place Names Gazetteer to maintain Queensland Globe, an on-line interactive mapping tool for public use. Open Data took two years to correct Queensland Globe, after having been advised they had published the wrong place name “One Mile Creek” for Stony Creek. Later, the words “Stony Creek”, having been appropriately re-established in Queensland Globe, again disappeared from this online mapping tool. A complicated investigation was followed by a bizarre outcome that suggested the perpetration of a bigger fraud than the one-off “One Mile Creek” scam. Some “Port Hinchinbrook” promoters hide behind an anonymous email-list newsletter “Marina News” in which various untruths were promoted and subsequently refuted by Liquidators for “Port Hinchinbrook”/”Hinchinbrook Harbour.“ These pro-dredging scammers know that dredging is infeasible. Their purpose in promoting the myth of “deep water access to the GBR”, so successfully promoted by the original developer Keith Williams, is to make sales of private berths in the defunct “Port Hinchinbrook” canal estate, marina and “Grande Canal” (Stony Creek). The technical particulars being beyond most prospective buyers, profitable new sales will be possible as long as the public believes that routine dredging, once established, will make Stony Creek navigable. LEGISLATION – THREE OFFENCES
Place Names Act 1994 (Qld) s15 and s16
“OFFENCE of unauthorised change to Place Names Gazetteer … Clarification of ‘what offence this would fall under and how it was/will be dealt with?’ In considering this matter I have reviewed the Place Names Act 1994 (QLD) (the Act) which identifies an offence for the publication of a name that is not approved. This is referenced in section 15 where it is stated…” [Letter From Decision Maker, Resources Dept 2024] s15 Publishing unapproved place name
(1) A person must not, in trade or commerce-- (a) publish a document; or (b) authorise the publication in a document of an advertisement or statement; in which a name that is not an approved name of a place is represented as the place’s name. … (2) Subsection (1) does not apply-- (a) if it is clear from the document, advertisement or statement that the name is not an approved name of the place or the place does not have an approved name; or (b) if the document is a newspaper printed under the Printing and Newspapers Act 1981—to the printer or publisher of the newspaper; or (c) if the name is part of a business name. (3) In this section— trade or commerce includes-- (a) a business or professional activity; and (b) a single transaction for the sale of property s16 Responsibility for acts or omissions of representatives
(1) In this section—… state of mind of a person includes-- (a) the person’s knowledge, intention, opinion, belief or purpose; and (b) the person’s reasons for the intention, opinion, belief or purpose. This reference is relevant to consider, as reference to a person’s ‘state of mind’ specifically referencing knowledge, intention, opinion, belief, or purpose, must be duly considered in an effort to determine whether this matter raises reasonable suspicion that an offence has been committed by a person (departmental employee). If it is determined that this is the case, a delegate would subsequently be required to consider whether or not (on the balance of probabilities) the person responsible for such an act knew that the Creek was named ‘Stony Creek’ (pursuant to the Act) and intentionally changed the name of the creek to ‘One Mile Creek’ (contrary to the Act). Commonwealth Criminal Code Act 1995 Unauthorised access to, or modification of, restricted data is an offence under section 478.1 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 2 years in prison.19 July 2024 section 478.1 of the Commonwealth Criminal Code Act 1995 Prepared for the Alliance to Save Hinchinbrook Inc by Margaret Moorhouse
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