This edition of ‘The Phoenix’ is brought you by major sponsor
Perfect Timber Floors Read their story on Page 6. See PTF’s special offer on Page 13.
The Phoenix FREE newspaper
Free Community Newspaper for the People of the Bushfire Affected Areas
Incorporating the tradition of ‘The Evelyn Observer’ (Est. 1873), Kinglake Advertiser, Whittlesea Advertiser, Diamond Valley Advertiser, Yarra Ranges Advertiser and Yea Advertiser
thephoenix.com.au
PHONE: 1-800 231 311. FAX: 1-800 231 312.
editor@thephoenix.com.au FREE
MONDAY, JUNE 22, 2009
24 PAGES
Radio Active Ray
Life is good...make it better! Beauty and wellbeing centre located in Kilmore. Offering a full range of beauty services from waxing, nails, tanning, pedicures, diet and nutrition, personal training, ear candling, massage and make-up.
Radio Eastern lends a hand
COURT CASE PROVEN
Skin & Tonic 37 Sydney St, Kilmore Phone 5782 2295
COME AND GET IT CATERING SERVICE * Top Quality Food * Locally Owned * Footy & Cricket Club Presentations A Specialty * Weddings * 21sts etc Tell us what you want and we will provide good food and ser vice to ensure a top night is had by all
Phone Julie 5782 1134 0409 703 672 0417 087 270
BLOW TO PIPELINE PROTESTS
● Radio Eastern 98.1 President Ray Lawrence (pictured) and station veteran Peter McArthur have been broadcasting a series of commercials advertising the benefits of its eastern suburbs listeners visiting the bushfire-affected regions of Marysville and Kinglake.
YEA farmer Deb Bertalli was found to have obstructed Melbourne Water personnel in their work on the North-South Pipeline, at Seymour Court on Friday. The case saw Magistrate Annabel Hawkins give the green light to construction of the controversial pipeline on private property. ● Full details of the Court case on Pages 9 and 10
ABC Car Removals
Black & White Accounting Service
CASH PAID
● ● ● ●
for most complete cars, trucks, vans & utes
15 Years’ Experience
Accounts to trial balance BAS & IAS preparation and lodgement File back-up for Tax Accountant MYOB, Quickbooks & Attache experience
25 hours, 8 days a week
Phone 0417 055 749
0419 002 323
E-Mail: mark@bwaccounting.om.au
Phone/fax 9460 7027
Precise Moment Photography
Fence Contracting Rekrab Contractors Pty Ltd
New and Repaired Fences
Free Quotes Ph. 0427 438 033
● Deb Bertalli
NEW HOMES EXTENSIONS, RENOVATIONS 0409 023 065 0438 940 273
Wedding Photography from $995 Ph 9333 8897
WHITTLESEA EARTHMOVING ● ● ● ● ● ● ●
36 Tonne Excavator 18,000lt Water Tanker Trench & Buckets Rock Breaker House Cuts n Site Clean-Ups Dam Building Semi Tipper For Hire FREE
TERRY: 0438 541 559 QUOTES TERMITE SPECIALISTS
www.termitespecialist.com.au
YOUR FREE WEEKLY COMMUNITY NEWSPAPER
Page 2 - The Phoenix - Monday, June 22, 2009
www.ThePhoenix.com.au
THOMAS PL INSURANCE SERVICES ARE YOUR HOME AND CONTENTS ADEQUATELY INSURED ??? KG
AR 234120
5966 2566 or 5966 2222 1/3395 Warburton Hwy, Warburton
www.ThePhoenix.com.au
News Exchanges ■ Two new telephone exchanges were installed at the weekend by Telstra. Marysville and Narbethong have received the new facilities. There were short disruptions to normal services over Friday, Saturday and Sunday while the works were completed.
Memorials
● Bill Shorten ■ Murrindindi Shire Council will receive $628,000 for memorials to mark the Black Saturday fires, Federal MP Bill Shorten announced at Marysville last week. ““Memorials could be physical monuments, gardens, open spaces for reflection, landscaping, sculptures, or a commemorative event,” Mr Shorten said.
20 grants ■ Sportscover Sponsorship Fund is distributing grants to sports clubs and associations that were affected by the bushfires. The Fund will be used to distribute 20 grants of $1000 per club to replace sports equipment that has been lost.
Big Sing ■ The 'Big Sing' will be held at the Big Tent, Kinglake on Sunday (June 28) from 2pm4pm. The musical extravaganza will feature more than 100 voices. Three choirs will join the Kinglake Phoenix Singers to perform, teach and participate. Also appearing will be The Chocolate Lillies, Sing Australia and The Whittlesea Choir. Supporters of the event include Regional Arts Victoria, KRVPAA, Kinglake Ranges Neighbourhood House, Getonstage.com.au and Rodagraphics.
The Phoenix - Monday, June 22, 2009 - Page 3
Inside ‘The Phoenix’
‘RIVALRY COST 120 LIVES’
■ Kinglake and surrounding communities would have had substantially earlier warnings about the deathly Black Saturday fires had there not been rivalry between emergency forces, the Victorian Bushfires Royal Commission has been told. Kangaroo Ground emergency worker Rocky Barca said three hours earlier warning could have been given to local residents about the fire threat, but permission to issue the warning was denied by controllers at Kilmore. Mr Barca, who was working for the Department of Sustainability and Environment, wrote in his log book that
● Peter Brown gives emotion-charged testimony at the Royal Commission last week
TODDLER TRAGEDY AT ST ANDREWS
■ More than 30 local St Andrews neighbours and emergency volunteers searched in vain on Thursday for threeyear-old Taj Spencer, whose body was later found in a dam on a neighbouring property. The alert was raised when the toddler could not be found about 8.30am, after he went missing from the backyard of his family home, which narrowly escaped the Black Saturday fires. A four-hour search involving Police and volunteers from the CFA and SES was called to a halt when reports came of the gruesome find about a kilometre away from the family home. The emergency volunteers had searched on foot, and Police Search and Rescue personnel were called in. The Victoria Police helicopter flew over the area as part of the search operations. Neighbours were distraught when news of the discovery of the young boy’s body came about 12.30pm. Sen.-Sgt Jenny Forsyth of Greensborough Police had the grim task of
● CFA and SES volunteers join in the search at St Andrews announcing the news to members of the closeknit community in the Wilma Grove area. “This is just a tragic set of circumstances,” Sen-Sgt Forsyth said. “The parents are very distressed.”
Workshop ■ The Marysville Urban Planning (Phoenix) Workshop is scheduled for FridaySunday (June 26-28) There will be a community meeting at 10 am on Sunday at the Marysville Golf Club as part of this workshop.
● The search scene at St Andrews on Thursday where a toddler’s body was found in a dam near the family home
Kinglake needed threat messages issued, but the CFA was “in a mess”. Mr Barca said that his team was “Johnny-onthe-spot” but was denied permission to issue the warnings to people in the Kinglake, Strathewen and St Andrews communities. Rivalries between the two authorities meant that the warnings were not issued until much later on February 7. Earlier warnings could have potentially saved 120 lives in the area. St Andrews man Peter Brown told of how he and his family took cover in their swimming pool, and watched their house completely destroyed by fire.
Meet Our Edition Sponsor ....................... Page 6 Alexandra-Marysville News ...................... Page 7 Flowerdale-Kinglake Ranges News ........... Page 8 Pipeline Court Case: Detailed report ....... Page 9 There is no edition of TV Times this week. It returns in next week’s edition.
✓ MYOB, Quick Books
Page 4 - The Phoenix - Monday, June 22, 2009
Free Newspaper For The People of The Bushfire Affected Areas Incorporating the tradition of the ‘Evelyn Observer’ (Est. 1873), ‘Kinglake Advertiser’, ‘Whittlesea Advertiser’, ‘Diamond Valley Advertiser’, ‘Yarra Ranges Advertiser’ and ‘Yea Advertiser’
www.ThePhoenix.com.au
COUNCIL SITS AT KINGLAKE
Dedicated to the memory of the victims and survivors of the ‘Black Saturday’ fires: February 7, 2009
Long Shots
CONTACT US Phone: 1-800 231 311 Fax: 1-800 231 312 Head Office: 30 Glen Gully Road, Eltham, Vic 3095 Post: PO Box 1278, Research, Vic 3095 Web: www.ThePhoenix.com.au E-Mail: editor@ThePhoenix.com.au
THEY’RE HAVING A FIELD DAY
OUR PEOPLE Editor: Ash Long Media Director: Fleur Long Research Director: Kristi Bryant Senior Associate Editor: Lee Jones Associate Editor: Joanna Sgubopulos
ABOUT THE PHOENIX There is no better symbol for the spirit of the people of this region that the Phoenix. The phoenix is a mythical sacred firebird with a tail of beautiful gold and red plumage (or purple and blue). It has a 500 to 1,000 year life-cycle, near the end of which it builds itself a nest of myrrh twigs that it then ignites; both nest and bird burn fiercely and are reduced to ashes. From those ashes, a new, young phoenix or phoenix egg arises, reborn anew to live again. The new phoenix is destined to live as long as its old self. The bird was also said to regenerate when hurt or wounded by a foe, thus being almost immortal and invincible — it is also said that it can heal a person with a tear from its eyes and make them temporarily immune to death. The phoenix is a symbol of fire and divinity
OUR REGION Online Edition Available across the globe on the World Wide Web at www.thephoenix.com.au Print Edition Covering the communities of Acheron, Arthurs Creek, Bend Of Islands, Beveridge, Black Spur, Break-o'-Day, Broadford, Buxton, Bylands, Castella, Cathkin, Caveat, Christmas Hills, Chum Creek, Clonbinane, Coldstream, Cottles Bridge, Darrweit Guim, Diamond Creek, Dixons Creek, Donnybrook, Eden Park, Eildon, Eltham, Eltham North, Fawcett, Glenburn, Glenvale, Gobur, Gruyere, Healesville, Heathcote Junction, Hidden Valley, Highlands, Homewood, Humevale, Hurstbridge, Kalkallo, Kangaroo Ground, Kerrisdale, Kilmore, Killingworth, Kilmore East, Kinglake, Kinglake Central, Kinglake West, Lilydale, Limestone, Marysville, Mittons Bridge, Molesworth, Moranding, Mount Disappointment, Murrindindi, Myers Creek, Narbethong, Nutfield, Panton Hill, Pheasant Creek, Plenty, Reedy Creek, Research, Ruffy, Smiths Gully, St Andrews, St Helena, Steels Creek, Strath Creek, Strathewen, Sunday Creek, Taggerty, Tallarook, Terip Terip, Thornton, Toolangi, Trawool, Tyaak, Upper Plenty, Wallan, Wallan East, Wandong, Warburton, Waterford Park, Watsons Creek, Wattle Glen, Whittlesea, Whanregarwen, Willowmavin, Yan Yean, Yarck, Yarra Glen, Yarrambat, Yea.
YOUR NEWS, YOUR ADS The Phoenix Newspaper is committed to bringing the latest news to the people of the bushfire-affected areas. We aim to be a positive assistance. The support being offered is in no way in competition with any existing newspaper, government, council or support agency efforts. Your News: Contribute your news by phone, fax, mail or e-mail. We want your stories of how you, family and friends are going about the recovery from the fires. Your Photos: Contribute your photos by e-mail. We prefer clear 300 dpi photos, in jpg format. E-mail to: editor@thephoenix.com.au Absent Friends: You can remember ‘Absent Friends’ with a tribute which will be published online and in the print edition. Go to our website for our guidelines. Free Ads: We provide free advertisement listings for all businesses in the bushfire affected area. (Paid display ads are also available). See www.thephoenix. com.au
IMPRINT ‘The Phoenix Newspaper’ is printed by Streamline Press, 155 Johnston St, Fitzroy, for the publisher, Ash Long, for Local Media Pty Ltd, ABN 67 096 680 063, at the registered office, 30 Glen Gully Road, Eltham, Vic 3095. Distributed in conjunction with the ‘Melbourne Observer’, by Local Media Pty Ltd. Responsibility for election and referendum comment is accepted by the Editor, Ash Long. Copyright © 2009, Local Media Pty Ltd. (ACN 096 680 063)
● Cr Kevin Bellingham ■ Deputy Mayor of Murrindindi Shire, Cr Kevin Bellingham, will be in the chair with the Council meets at the Kinglake West Hall at 11am this Wednesday (June 24). The Shire is bringing its Council meetings to the people which is a top idea. The Council plans to do the same at Marysville for its November 25 meeting. Cr Bellingham is well known. He and wife Yvonne operate the Buxton General Store.
editor@thephoenix.com.au
with Ash Long “For the cause that lacks assistance, ‘Gainst the wrongs that need resistance For the future in the distance, And the good that we can do” Ash Long is heard daily on Victoria’s top-rating talk radio station 3AW. Overnighters, Midnight-5.30am with Keith McGowan
Honour Roll
In the Valley ■ We welcome our latest distribution points in The Phoenix network. By request, we are now available each week at Millgrove and Warburton newsagencies.
■ This week we commence an Honour Roll of community-minded businesses who have taken out a Major Sponsorship of The Phoenix Newspaper to help promote local businesses in the bushfire-affected region. Perfect Timber Floors is this week’s sponsors. Paul’s Milk For Life is sponsoring next week’s edition.
■ Nillumbik Shire Council is running a field day in St Andrews this Friday to look at practical ways to reduce erosion. After the bushfires, run-off from rainfall may be 10 to 20 times greater than in prefire conditions. Finding practical ways to protect assets such as dams, waterways, roads, pastures and soils is a crucial task. The field day ill provide some initial theory plus ‘hands-on’ practical training in how to reduce the negative impacts of erosion including the use of native grasses. The day will start at 10am at the St Andrews Hall and will include a bus tour to sites around the area. Presenters include: ■ Clem Sturmfels, a Department of Primary Industry soil erosion expert. Clem has extensive experience in post-fire land stabilisation treatment following the 2006 Grampians fires. ■ Ian Chivers, an agronomist with years of experience in researching and growing native grasses. Ian is also the CEO of Native Seeds. The session is expected to conclude around 4pm. Contact Tim O’Donnell , Rural Extension Officer Nillumbik Shire Council on 9433 3207 or email tim.odonnell@ nillumbik.vic.gov.au
RATE CHARGES WHAT A GRAND FEELING! WAIVED BY LOCAL COUNCIL ■ Murrindindi Shire Council is waiving five months of rate charges for ratepayers directly impacted by the Black Saturday bushfires. The Council moved to pass on the benefits following revisions to the State Government’s natural disaster funding arrangements. The decision was ratified at Council’s meeting on May 27. It sees a reduction, on a prorata basis, for five months of rates, garbage and recycling charges covering February 7 to June 30. Ratepayers who meet the new criteria, set by the Department of Treasury and Finance, and who have not yet paid their rates will be sent a revised notice whilst those who have already paid will be given a refund. Properties affected by the fires but not meeting the criteria are also subject to a supplementary valuation. A revised rate notice based on the amended property valuation will be issued.
■ A 'men's only' breakfast to ‘have a cooked breakfast and chat’ is being held at 8.30am this Wednesday (June 24) at the Marysville Trout Farm, 261 Marysville Rd, Marysville. Organiser David Atkinson says participants can find out what health services are available locally. Phone: 0437 565 906.
Upgrade
● Charles Exton ■ Charles Exton of High Mountain Spring Water at Kinglake has upgraded his sponsorship of the Yarra Valley Mountain District Football League, to also include Division One. League boss Stephen Walter announced the move after Alan Webb of the Compass Group announced that his company’s sponsorship of the League was being retired.
Elected ■ Inaugural members of the St Andrews Bushfire Recovery Committee are Amber Dixon, Carmen Jansen, David Wheeler, Elizabeth Savage-Kooroonya, Helen Kenney, Ian Flack, Manninder Sekhon, Peter Richards, Stuart Morgan, Toni-Anne Collins and Warwick Leeson.
Address ● The Phoenix Editor Ash Long was in Townsville last week and had the opportunity to nurse six-week-old grand-daughter Emma. They are pictured with Fleur, James and Sarah Long.
FREE ADS FOR LOCAL BUSINESSES
More local businesses are taking advantage of the totally free $2000 advertising package from The Phoenix. Details on Page 17
Briefs Brekky
PARTICIPATING BUSINESSES 2 1 2 TOTAL VALUE OF LOCAL ADS DONATED BY THE PHOENIX $ 4 2 4 0 0 0
■ We would like a mailing address for Glen Fiske. Please let us know by email: editor@the phoenix.com.au
● Glen Fiske
The Phoenix - Monday, June 22, 2009 - Page 5
www.ThePhoenix.com.au
‘T he Brolg ‘The Brolgaa Project’
Providing university students with work experience opportunities in rural and regional Australia, encouraging metropolitan-based students to experience life and work in regional communities. Hundreds of students want to try the lifestyle, if you’re a business and can’t find staff, why not contact us? Please visit www.brolgaproject.com.au Ph (07) 3366 1005 Email: info@brolgaproject.com.au Willray Pty Ltd (ABN 180 7575 5118) trading as The Brolga Project, PO Box 219, Ashgrove QLD 4060.
● HIGH PRESSUREWATER CLEANERS ● LPG & DIESEL HEATERS ● VACUUM CLEANERS - COMMERCIAL/INDUSTRIAL PHONE NOW 1300 SPITWATER www.spitwater.com.au 24 Jelico Dr, Scoresby, Vic 3179 MADE IN AUSTRALIA
Northway Building & Landscaping PO Box 284, Kilsyth, Vic 3137.
Phone: 0418 585 260 Contact: Stephen North. Web: www.northwestbuilding.com.au E-Mail: stephen@northwestbuilding.com.au
IPM Technologies PO Box 560, Hurstbridge, Vic 3099. Ph: 0419 891 575, (03) 9710 1554 Fax: (03) 9710 1354. Contact: Dr Paul Horne. Web: www.ip[mtechnologies.com.au E-Mail: ipmtechnologies@bigpond.com
‘RICHO’ AT LOCAL FOOTY
■ V8 Supercar star Steve Richards is heading to Kinglake for this Saturday's big footy match against Yea. ‘Richo’, as he's known to his legion of Supercar fans, says he is keen to mix and mingle with the locals, and then watch the boys in action at Kinglake Memorial Oval. The Ford Performance Racing Team driver is a special guest of the Kinglake Football Netball Club, says Administrator Rick Wall. Richards raced this month at Darwin's Hidden Valley and has a couple of weekends off before heading to Townsville for the next Supercar round
B.I.U. t/a ZELANGA Steel 27 Northern Rd Heidelberg West, 3081 Tel:(03)9459 8802 Fax:(03)9459 5783 Mob: 0409046281 www.biu.com.au www.zelangashades.com.au
● Steve Richards
Letters To The Editor
ROO STORY TOUCHED READER
Sir, Your touching story and caption ‘Love story: Hope mourns her Beau’ (The Phoenix, June 8) shows how animals, such as kangaroos also feel pain and do express grief in their own way. Here I wish to relate another story, how the same kind of animal happily rlies on kindness from humans in time of distress. Following the Black Saturday fires, my small acreage was occupied by one injured grey kangaroo. It appeared he had his hind legs badly burned, as his only means of movement was its front legs. The rest of the body, with everything else underneath, was dragged along the ground. The hind legs remained totally stiff for over a week, absolutely useless for the familiar hopping. Needless to say, there was no feed on the ground, so it was up to me to provide hay for him, twice a day. Little by little, the roo became very friendly and by about three months later, he would tolerate me within 10 metres of himself. In the meantime, its hind legs began to work, the springs therein regained their elasticity. But it would never bolt away from me, merely a few hops, just to keep the distance. It got very used to my voice, used to call the call out of ‘Hi ya Hoppy’, and recognised my whistling. During the latter part of his stay, he had disappeared for a day or so, but always came back to enjoy the hospitality. On May 5, the roo was enjoying his last meal in the morning. The following morning, I found him looking very flat, just across my cross-over, having some crows for company instead of me! Such is life, one stated, many moons ago. - I. Csoka, RMB 250 Wallis Rd, Clonbinane
Local women together Sir, Some of our local fire-affected women in St Andrews have been getting the women together at David Lance’s vineyard, Diamond Valley Vineayrd, for lunch. Last month 25 came. This week around 40. Another area which has some great things regarding recovery is in the Mudgegonga area, near Beechworth. There is a women there named Christine Stewart, from Rural Biz, who has been working unpaid as well, tireleslly to get her local women together.
● Our front-page story on kangaroos: The Phoenix on June 8 She has some great pics of ‘Circle of Love Garden’, a comforting cup of tea, and a creative women’s day. She is quite politically active to put her neck out to make change, and has a lot to do with rural youth. She created brochures and maps for Wodonga-Albury, working for tourism. Her husband is the CFA communications man for that area and is a dedicated man. They don’t know I am writing this to you. Their efforts may be of interest to cheer a few up in hard times, and give you some more valued information for your great paper. - Jan Morris Wombat Crossing, Smiths Gully
■ Matthew Van Hasselt of the State Library of Victoria writes to advise that $30,000 was awarded to the winners of The R.E. Ross Trust Playwrights’ Script Development Awards. Winners are Bridgette Burton, Angus Cerini, Declan Greene and Thomas Henning. Roy Everard Ross was born in July 1899 at Mansfield and died in Melbourne in November 1970. He trained as a land surveyor and engineer and went on to become a very successful local government engineer, property owner, businessman and investor. He served as a Captain in the Australian Naval and Military Expeditionary Force in New Guinea following World War I.
ABN 58 084 899 738 (Opposite Godings)
STOCKFEED - FARM & FENCING SUPPLIES
FREE DELIVERY PH (03) 9716 2459 www.whittleseaproduce.com.au
Marty Parkinson Mobile Boilermaker Welder 740 Main Rd, Hurstbridge
Phone: 0418 718 211
R.E. Ross Trust grants
WHITTLESEA PRODUCE 31 Forest St, Whittlesea
Get into your new home faster with Force 10 Building Systems. Our Australian manufactured system is produced with the strength of steel and in accordance with AS3959-2009, making Force 10 a better way to rebuild your future. Visit us at www.force10international.org or call 07 3716 2002.
ARE YOU SURE YOUR TANK WATER IS CLEAN & HEALTHY? Cleaning Water Tanks Tank Repairs and Maintenance Tanks and Water Pumps Available Tank Liners Available Ring Richard Brooks
0418 330 437 or 03 9739 0485 AH for Yera-Round Cleaning
Nick & Els Bakker TULIP FARM - MONBULK www.tnbtulips.com.au tnbtulips@email.com ROCKHAMPTON GOLDEN FOUNTAIN MOTEL On The Bruce Highway Freecall 1-800 240 299 www.goldenfountain.com.au goldenfountain@bigpond.com
www.ThePhoenix.com.au
Page 6 - The Phoenix - Monday, June 22, 2009
The Phoenix - Major Sponsor
Perfect Timber Floors Fact File NAME: Perfect Timber Floors ADDRESS: 5-7 Strong Ave, Thomastown, Vic 3074 PHONE: 1-300 137 055 CONTACT: The Casamento Family WEB: www.ptf.com.au
Perfect Timber Floors is a family-owned company which specialises in the supply and installation of all types of timber floors including premium quality engineered floating floors both in Australian timbers and imported floors from sustainable forests in Malaysia. PTF floors can be laid over many surfaces including timber, concrete, plywood and yellow tongue sheeting. Apart from engineered floating floors, PTF also supplies and installs strip flooring, bamboo, laminate and parquetry flooring. There are several types of underlay available, depending on customer's requirements including sound proofing systems. Perfect Timber Floors has formed an association with Loba, a company which provides a quality hard wearing water based coating together with a fire retardant coating. Some typed of strip flooring can be supplied pre-coated. This installation removes the necessity of sanding and coating the floors on site.
The floor is simply laid and cleaned and the job is finished, compared to acclimatising the timber on site, laying the raw floor boards and then sanding and coating the whole floor with 3 coats of water based or polyurethane polish. PTF is able to provide a complete service to ensure the job goes smoothly and trouble free, and quotes can be prepared from building plans. ■ See PTF’s full page advertisement on Page 13 of this issue, and see the special offer for bush fire restoration work.
PIPELINE BREAKTHROUGH
■ ‘Ollie’, the tunnel-boring machine completed an 830-metre tunnel beneath the Toolangi State Forest on Friday. The tunnel forms part of the Sugarloaf Pipeline. Alliance Project Manager Rob Cranston said the successful completion of the tunnel marks a major milestone in the pipeline project. Mr Cranston congratulated the Project Manager for the tunnel, Sam Jones, and his team on successfully completing the tunnel earlier than expected. Tunnelling began on April 1 and took 10 weeks. A crew of 10 worked 24 hours a day, six days a week. ‘Ollie’ is an $8 million, 100 tonne remotecontrolled Tunnel Boring Machine manufactured especially for the rock encountered in the Toolangi State Forest. Mr Cranston said most of the rock encountered was 8-10 times stronger than structural concrete. ‘Ollie’ is guided remotely by an aboveground operator. As it cuts through the rock, it uses precast pipe sections to drive the machine and provide immediate ground support. The sections are pushed forward using a large hydraulic jacking frame. ‘Ollie’ mixes the excavated material with slurry for transport back to the surface, where it is segregated by a large slurry treatment plant on-site. Some of the rock has been used elsewhere on the Sugarloaf Pipeline. The majority is disposed at the old Castella Quarry. ‘Ollie’ is named after the world’s biggest worm, the giant Gippsland earthworm.
FLOWERDALE HOTEL
Pages From The Past From Our Files 25 Years Ago - June 1984
Fire drill at Yea
● The late Joan Byrne was Communications Officer at Yea CFA ■ Glenburn Rural Fire Brigade held an instruction afternoon at Yea Fire Station for those interested in learning fire radio procedure, we reported 25 years ago. “Ray Allen (Yea Group Officer) welcomed the group of about a dozen ladies and spoke to them about various aspectys of fire station work. “He highlighted the need for recording incoming and outgoing messages, the fact that accuracy is paramount and not to exaggerate any situation. “Currently, Glenburn has two mobile radios, one protable and one base station,” our 1984 report noted. “Joan Byrne, Communications Officer, instructed the ladies in the usage of pro-words such as affirmative, roger, negative, EFA, ETD,etc, and although most are self-explanatory some needed detailing. “She said ‘correct radio procedure’ is very important for the efficient running of a fire station but in some cases you can be forgiven for not using the documented procedures in the event of an emergency or insufficient time to compose the right terminology.”
Day to remember ● The Sugarloaf Pipeline achieved a milestone on Friday when the tunnel drilling was completed at Toollangi
‘Big swindle’: Hill ■ Barry Hill, President of the Whittlesea Ratepayers’ Association, says land owners in the Whittlesea Green Wedge are being “swindled” by the Brumby State Government and developers who are stockpiling land. Mr Hill says the developers have acquired enough vacant blocks to house 100,000 people.
‘Open Mic.’ Jam Session Returns First Sunday of the Month Next: Sunday, July 5 $100 Prize for ‘Best of The Day’ A Day For All Musicians of All Ages After Lunch - 2.30pm-5.30pm
FLOWERDALE HOTEL 3325 Whittlesea-Yea Road, Flowerdale Phone: 5780 1230 Advertising space donated by ‘The Phoenix’
● Carmel and Anthony McCarthy ■ The McCarthy family would long remember June 16, 1984, with a 21st birthday and a wedding in one day, we reported quarter of a century ago. “At Strath Creek, Dominic celebrated his 21st birthday with lots of help from many friends and relatives. Those who could, crowded into the ‘Clohaume’ shearing shed which was bounding to the beat of Colesy’s Disco Decibells, while the overflow kept time around the log fires outside. “Dominic was presented with the traditional key, blew out his candles and cut the cake to the cheers of those who could squeeze into the living room. “Overlapping the occasion another important family event was taking place some thousands of miles away at Norwich, England. “Dominic’s eldest brother, Doctor Anthony McCarthy was taking his marriage vows with Sally Nichools, eldest daughter of Mr and Mrs Trevor Nicholls of Norwich. “Kieran, second son of the McCarthy family was best man, and also present was only daughter, Angela, and Kieran’s wife Kerrin. “A long distance phone call around midnight local time put the whole family in touch for a few joyful minutes.”
The Phoenix - Monday, June 22, 2009 - Page 7
www.ThePhoenix.com.au
Briefs ‘A number’ ■ The emotional tale of a Kinglake Ranges resident, ‘Nadine’, who believes that she has been treated as “just a number” in the bushfire aftermath has been told on ABC Kinglake Ranges. ‘Nadine’ says her property was affected by the February 7 fires, but she received a letter from Murrindindi Shire that said her property was untouched. ‘Nadine’ told of the great assistance that had been forthcoming from the Global Care organisation, but she was critical of being forgotten by recovery officials.
Mary speaks ■ Mary Hall, CoOrdinator of the Murrindindi Climate Network was a speaker at the recent meeting of Murrindindi Shire Council held at the Alexandra Council Chambers. Ms Hall spoke of the proposed memorandum of understanding between the Council and the Network, which was discussed later at the May 27 meeting.
MENTION THIS AD FOR 10% DISCOUNT
Alexandra, Eildon, Marysville
‘STORYBOARD’ TELLS YARNS ■ Marysville artist David Casey is featured on the ‘Storyboard’ website being promoted by Regional Arts Victoria to help people tell their Black Saturday stories. The website encourages the telling of stories in a variety of mediums including video, text and image. The project has been created in partnership with the Country Fire Authority and the Department of Sustainability (DSE). David moved to Marysville in April last year, and lost his home on February 7. He escaped with only his dog and his computer hard-drive which contained photographs of Marysville he had worked on in the previous nine months. “It was only in the aftermath of the fires that I realised just how important an archive it was that I had created”, David recalls. The images were compiled into a publication entitled Marysville: In Loving Memory and have been distributed for free to all Marysville residents.
PLASTERER Richard Timms Ph: 0433 291 495 New Homes, Repairs & Extensions
● Ursula Theinert is featured on the Storyboard created by Regional Arts Victoria Since the fires, David much needed hope to the has returned to Marys- community. “It is going to be a difville to re-photograph locations around the town ficult and challenging and he will continue to do time, but everyone from so as the landscape slowly the town I have spoken to changes, as homes are has a lot of optimism debulldozed then rebuilt, as spite losing so much. We blackened landscapes re- will recover", said Bruno Also featured are artturn to green. The collated images ist Owen Gooding, who will form a much larger a senior policy officer of book commemorating the fire ecology with DSE, town’s past and documenting its present. Another Marysville artist, Bruno Torf, is featured on the Storyboard. A popular tourist attraction, Bruno Torf’s Sculpture Garden, along No water, with his home, weredestroyed in the no charge Marysville fires. after free site Half of the terracotta sculptures survived the inspection blaze or have a chance of being repaired. "We want to restore the garden as quickly as possible. If we can bring people back to Marysville soon, this will bring
WATER BORING
Phone Des Murray 0428 518 159
Registered Building Practitioner
king a t k c Sto
● Design ● Building Permits ● Town Planning ● Energy Rating ● Engineering
Phone 5779 1577 10 Highett St, Mansfield, Vic 3722 E-Mail: ian@ipsbuildingservices.com.au
Air Conditioning Alexandra & Marysville Districts Alexandra Air Conditioning & Appliance Centre Split Systems Supplied - Installed - Free Quotes Mon Wed 9am-5pm, Thurs & Fri 9am-5.30pm Sat 9am-12 Noon For all your Air Conditioning and Retail Needs DAIKIN DEALER - FUJITSU we also have a great range of appliances 59-61 Grant St, Alexandra Servicing Alexandra & Marysville Districts Ph/Fax 5772 1147 Email: bourke@virtual.net.au
Benny’s Bricklaying ◆ Brickwork ◆ Concreting ◆ Tiling ◆ Paving Ph. D. Appelman 0417 588 549 5772 1602 AH
and St Andrews artist Camilla Tadich. “By participating in an arts project like Storyboard, the fire services and the DSE have the opportunity to learn more about the communities they serve and support parts of the community who perhaps would otherwise not engage with bushfire risk issues,” said Georgie Sedgwick of Regional Arts Victoria. “It is also an opportunity for RAV to reach communities who would not normally have access to, or feel comfortable being involved in, the arts. “We are of the firm belief that by sharing stories, communities can collectively deal with trauma and create stronger networks so that they are self-determining, aware and resilient.” The Storyboard can be accessed through w w w. r a v. n e t . a u / storyboard “Sharing stories has the power to engage people, assist communities to collectively deal with trauma and create stronger networks,” said Director of RAV, Lindy Allen.
CRUSHED ROCK PRODUCTS AVAILABLE Face Rock 300mm Minus Spalls 30mm to 1.5MP 40/100mm Rubble 60mm Body Crushed Rock 20mm Class 3 Crushed Rock 75mm Crushed Rock 40mm Crushed Rock 20mm Aggregate 14/10 Aggregate CASTELLA TOPPINGS 10mm MINUS CASTELLA TOPPINGS Terracotta or Blue, ideal for driveways, pathways , pergolas and BBQ areas - available 7 days a week
S & C Savage 300 Goulburn Valley Highway, Eildon FOR A FREE QUOTE Ph 5774 2011 0428 109 935 - Syd
Shoe Sale
Carpets, vinyl and vinyl tiles Timber flooring Domestic and commercial Supplied and expertly installed
For measure and quote ph 5772 2152 1 HALL STREET ALEXANDRA www.independentfloors.com.au www.furniturehouse.com.au
Page 8 - The Phoenix - Monday, June 22, 2009
News Briefs Strathewen elections ■ Voting for the Strathewen Community Renewal Association Inc. has been extended to this Thursday (June 25). Votes will be counted Friday afternoon in the Nillumbik Civic Centre.
LGS Plastering and Rendering, Kinglake are back in business! * Free Quotes and Advice * Local and Fire Affected Rates * No Job Too Big or Small
Luke 03 57 86 1055 0400 081 623
KINGLAKE
SOLAR Phone Ken
5786 1449 0418 356 676 All general plumbing Lic 28996
Replace your hot water unit, electric or gas,using generous Govt rebates. We install all types of panels, tubes or heat pumps
www.ThePhoenix.com.au
Kinglake Ranges, Flowerdale
CFA BOSS: ‘SHE GAVE ME A BEAR HUG’ ■ Veteran CFA volunteer David Cooper has told the Victorian Bushfires Royal Commission of seeing a scene of utter devastation when he was made his way to Kinglake on the night of the Black Saturday fires. Mr Cooper, Lower Yarra Group Duty Officer, and his team cut through trees on the Whittlesea-Kinglake Rd, to finally arrive at the Kinglake fire station about 10.20pm on February 7. “I arrived and there was massive amounts of people there. I mean, I would be only guesstimating, but I would say somewhere in the vicinity of 150 to 200 people in the general vicinity of the fire station. “Trish Hendrie saw me and she came up and greeted me. She was very happy to see me. “She gave me a bear hug and just about squeezed the life out of me. “I asked her what the situation was. They had very seriously burnt and injured people in the fire station at that time. “The great majority of them needed immediate transport. It wasn't possible because at that stage all ways in and out of Kinglake were impassible. I went in the station to assess the situation. “Fortunately for them they had a nurse there who had set up a triage and was doing quite a wonderful job,” Mr Cooper said.
WATER BORES BY
BOOKKEEPING SERVICE UP TO DATE BOOKS AND TRAINING
Est 33 years
North West Drilling
What you get: Set up MYOB or Quickbooks Data entry, reconcilliations Reports, BAS preparation Training if required Pick-Up and Delivery of all work 15 years experience in bookkeeping Friendly and professional servioce
No nonsense, straight forward advice! If your bore has dropped due to fire, we may be able to retrieve it. Call Graham Brennan, Office 9436 1982 or 0409 362 289 E-Mail: northwest.drilling@ bigpond.com.au
Jodie Jackson 0417 305 202 5786 1870
Would You Like Every Issue of The Phoenix Delivered To Your Home? Thousands of free copies of The Phoenix are distributed every week through a network of outlets through most of the bushfire affected areas. The Phoenix can also be read free online at www.thephoenix.com.au If you would like a copy of each issue of The Phoenix mailed to you, we can arrange a mail subscription to you. The price for a pre-paid subscription for 50 copies, to anywhere in Australia, is $107.50. You can arrange a mail subscription by phoning 1-800 231 311, and pay by Credit Card (Visa, Mastercard, AMEX). Or lodge the form below with your cheque or Money Order for $107.50. Post To: Mail Subscriptions, The Phoenix PO Box 1278, Research, Vic 3095
● Paul Hendrie, Kinglake CFA captain
CENTRE OPENS SOON
■ Kinglake West residents Justine and David Boscaglia’s dream of the opening of the Pheasant Creek Fitness Centre is now not far away. Opening of the new facility at Jorgensen Pde, will take place between 12 Noon and 3pm on Sunday, July 12. There will be an AFL speaker and appearances on the day , which will be covered in The Phoenix Newspaper. Local people are looking forward to the opening of the state-of-the-art fitness centre. Opening day will see food and entertainment with live music provided. Justine told The Phoenix: “While the fire took our home and brought our community to its knees it did not take our dreams. “With the support of our wonderful friends on the mountain we have pressed ahead with our ambitious plans to provide an overall health and wellbeing facility – which, post-fire, our community needs more than ever.”
In charge at Kinglake ■ Acting Sgt Ron Brown has been officerin-charge of the Kinglake Police Station while Sgt John Elks has been on leave, reports ABC Kinglake Ranges FM.
PHEASANT CREEK
ROOFING Plumbers & Metal Roofing Specialist
0410 389 057
Yes, please organise a mail subscription of 50 issues of The Phoenix Newspaper.I enclose our Cheque/Money Order for $107.50. Name: Address: Phone: Local Media Pty Ltd Head Office: 30 Glen Gully Road, Eltham, Vic 3095 Mail subscriptions are subject to our Terms and Conditions (see website)
“I had a look at what was there and I just thought, "How are we going to do this?" I went outside and several other police cars had arrived. “I don't know where they came from, but they certainly had followed our track in. I had a discussion with some of the police and we decided that we would be able to transport five patients down to Whittlesea, so I went back and asked the nurse to prioritise her patients from worst and so forth. “We were doing that and Ken Williamson, who is the captain of Whittlesea and a deputy group officer in the neighbouring group, he arrived in a four-wheel drive-type vehicle,” Mr Cooper told the Royal Commission. “I explained to Ken the situation and Ken actually took, because of the type of vehicle he had, he was able to take the most seriously burnt person and transport them to Whittlesea. “After that the strike team arrived. I still hadn't been able to make contact with Paul Hendrie at that stage. “The strike team arrived. I had a discussion with the strike team leader, Paul Buck, and I just said to him, "Look, try and get a hold of Paul Hendrie, coordinate your efforts through him." “The place was a mess.” ● More reports on Pages 15, 16
● Wardrobes ● Shower Screens ● Mirrors ● Sliding Miroor Doors ● Hinged Wardrobes Creating Space In Any Place Great Wardrobe Designs
Graham 0414 599 863 33 Hanson Rd, Wallan
BRANTWOOD FLOORS ● Timber Floor Installation ● Sanding & Polishing ● Envrionmentally Friendly (Non Toxic) Finishes
Anthony Perkins 5786 2067 0417 599 931
The Phoenix - Monday, June 22, 2009 - Page 9
Right of entry
North-South Pipeline Court Case
FARMER GUILTY OF OBSTRUCTION ‘Deb Bertalli has had the fortitude to stand up, question the behaviour of the Brumby Government and not back down’ - Jan Beer Plug The Pipe
COURT DECIDES ■ Melbourne Water's power to enter private property to carry out works on the controversial North-South Pipeline, was confirmed in a judgement at Seymour Magistrates' Court on Friday. Confirmation of the authority's power came in a judgement by Magistrate Annabel Hawkins who found Yea farmer Debra Leita Bertalli had obstructed Melbourne Water employee Andrew Wilson in the execution of his duty under the Water Act. Ms Bertalli had pleaded not guilty to the obstruction on September 24 last year. She also pleaded not guilty to obstructing Gregory Jenkins and James Blanchfield lawfully performing duties of the Act. Ms Bertalli was not convicted. Melbourne Water did not seek any penalty or costs, but wanted to test its right to work on private land without permission, under the Water Act. Magistrate Hawkins said the facts were "for the most part, uncontested".
Issue in contention
PHOTO: TEN NEWS
● Jan Beer, Plug The Pipe campaigner leaves Seymour Court ■ ‘Plug The Pipe’ campaigner Jan Beer has praised Deb Bertalli for her fight against the North-South Pipeline. “Today Yea farmer Deb Bertalli was found guilty of obstruction charges for trying to stop employees of Melbourne Water from entering her land and carrying out works associated with the North South Pipeline,” Mrs Beer said. “In handing down her decision, which she described as her melancholy duty, the Magistrate stated that while Melbourne Water complied with the Water Act, their action was heavy handed. However, all charges were dismissed. “Deb Bertalli has had the fortitude to stand up, question the behaviour of the Brumby Government and not back down. “This has not been easy for Deb. “To be arrested and hauled off your own land is stressful in the extreme but Deb has had truth andf conviction on her side and the support of a close knit family, friends and community. “While the Magistrate has ruled that Melbourne Water had the power to enter land under Section 133 of the Water Act, she has left open the question of whether the land should have first been acquired. “This matter will be clarified on July 9, 2009, when the charges of trespass against Sugarloaf Alliance employees will be heard in the Seymour Magistrates’ Court. This will determine whether they had the right to be on private property without the owner’s permission and before the land was acquired. “With major infrastructure as in the case of the massive construction and upheaval associated with the North South Pipeline, landowners should have been accordede the highest protection under legislation. It should be the right and proper intention of all Governments to protect their citizens to the highest level.”
"In this case, the main issue in contention is whether or not Mr Wilson, Mr Jenkins and Mr Blanchfield had power to enter the land owned or occupied by Ms Bertalli without her consent." Ms Hawkins said the 70-km pipeline from the Goulburn River near Yea to the Sugarloaf Reservoir was being constructed by an alliance between Melbourne Water, John Holland, Sinclair Knight Merz Pty Ltd and GHD Pty Ltd. "The planned pipeline traverses public land and private farmland, including the property owned and managed by Ms Bertalli and her family. "Ms Bertalli has always been opposed to the construction of the pipeline and has made it clear to the Authority that she would consent to officers or authorised people entering her land. "She is not the only affected landholder with these views and the Authority knew this before September 24, 2008," Ms Hawkins said. The Court had heard that a land entry notice was served on Ms Bertalli on September 15.
Authorised Evidence was given that Andrew Wilson is Operations Supervisor on the project; and that Mr Jenkins and Mr Blanchfield had written authorisation under Section 133 of the Water Act to enter land. Mr Jenkins is a foreman with John Holland; Mr Blanchfield is employed as an environmental engineer with Sinclair Knight Merz "A number of people employed in relation to the pipeline project, including Mr Wilson, attended Ms Bertalli's property at approximately 10.30am. "Sgt Kenneth MacDonald from Yea Police Station also attended. The Police had exprected some form of protest that day. They osberved between 20 and 30 people at the front gate. "Some of these people were Ms Bertalli's friends, family or neighbors and some were members of the media. "Brendan Corboy, Stephen Singline and John Wintner, approached Ms Bertalli and had a conversation with her for approximately an hour. The team did not enter the property at this stage and returned to Glenburn for a briefing"
PHOTO: TEN NEWS
● Farmer, Deb Bertalli, outside Seymour Court on Friday her arms in front of Mr Jenkins and Mr Blanchfield, " Ms Hawkins recounted. "Sgt Kenneth MacDonald physically moved her to one side to allow them to pass. Ms Bertalli asked Mr Brendan Corboy, another member of the pipeline team, to produce a bio-security team, to produce a bio-security document. He did not have such a document with him at the time. "Ms Bertalli also asked members of the team to produce insurance documents. The evidence at the hearing was that the documents were produced but that the Authority has no insurance which indemnifies against any damage caused." The Court had heard that Mr Corboy had attempted to explain bio-security measures, but was cut short by Ms Betalli.
Warning "Ms Bertalli shut the main gate to the cattle yards and stood in front of it with her arms outstretched. Mr Wilson approached Ms Bertalli, showed her (h)is identification card and warned her that if she did not move he would arrest her. "She did not move and she was arrested by 1.50pm by Sgt MacDonald. She was escorted off the property by Police officers and placed in a police vehicle where she was again cautioned and her rights explained. "The reason she gave for obstructing the three members of the project team was that they were invading her property without permission. She was released at 2.07pm and sommonsed to appear to answer the charges," Ms Hawkins said. "Other than Ms Bertalli being pushed to the side and escorted from the property by Sgt MacDonald and the other police officers, there were no physical altercations." Magistrate Hawkins made a detailed examination of the Water Act provisions. ● Turn To Page 10
■ “The main question for the court in this matter is did Mr Wilson, Mr Jenkins and mr Blanchfield have the right to enter Ms Bertalli’s land, when she had clearly refused any consent for such entry, to perform inspections and soil sampling which were preliminary but essential to the construction of the North South Pipeline,” said Magistrate Annabel Hawkins, in her judgement handed down on Friday. “The prosecution relies on Section 133 (1) (d) and (2) of the Act to provide the lawful authority for the three men to enter Ms Bertalli’s property on September 24, 2008. Ms Bertalli denies that these provisions apply in this case, or if they do, any power granted by Section 133 is abrogated if there has been non-compliance with Section 134. “It appears that neither Section 133 nor Section of the Act has been considered by the courts until now. There are no cases from superior courts to which I have been directed by counsel or which I have found through my own research that are strictly on point. There are certainly none with a similar fact situation,” Magistrate Hawkins said. “Interpretation of these sections in light of the matter before me has noyt been an easy task and I have been greatly assisted by the submissions of Mr Gipp for the Prosecution and Mr Petrovich for Ms Bertalli. I thank them both for the way in which this mattter was conducted. “Although I may not have referred to every detail of those submissions in this decision, I have considered each and every one of them in detail.” Ms Hawkins referred to Section 133 of the Water Act: Power to enter land 1) An officer of an Authority or an authorised person may, subject to subsection (4), enter any land for the purpose of (a) reading a meter installed under section 142 or any corresponding previous enactment; or (b) inspecting and measuring any septic tank system; or (c) inspecting any works, or making any testm to find out whether this Act, the regulations and the by-laws of the Authority are being complied with; or (d) carrying out any other function under this Act. 2) An officer of an Authority or an authorised person may, subject to subsection (4) and after the Authority has given 7 days’ notice in writing to the occupier, enter any land and carry out that land any works that the Authority is empowered to carry out.on that land any works that the Authority is empowered to carry out. 3) An Authority need not give notice required by subsection (2)● Turn To Page 10
Photo Flashback: Deb Bertalli arrested
‘Confident’ The Magistrate said the project team returned at about 1.20pm, followed the project's bio-security protocol, and were confident that they were entering legally under Section 133 of the Act. "Shortly after they entered the property, Ms Bertalli ran down from the front gate area with her arms open telling members of the pipeline project team to get off the property. "Mr Wilson introduced himself and told Ms Bertalli that if she obstructed him she would be prosecuted. Soon after that, Ms Bertalli held
● Deb Bertalli arrested by Police at her Yea property last September
www.ThePhoenix.com.au
Page 10 - The Phoenix - Monday, June 22, 2009
Right of entry ● From Page 9 (a) if the occupier consents to the entry and the carrying out of the works; or (b) in an emergency. 4) An officer or authorised person must not, despite subsections (1) and (2), enter land that is used primarily for residential purposes except between 7.30am and 6pm unless (a) the Authority has reasonable grounds for believing that this Act, the regulations or the Authority’s by-laws are not being complied with by the occupier; or (b) the occupier consents. Magistrate Hawkins continued: “The prosecution submitted that the power to enter land under section 132(2) is a separate power to enter land under section 133(2) is a separate power to that set out in section 133(1). “The Authority had the power of entry onto the land under both sections. The defence, on the other hand, submitted that the powers expressed in section 133 (1) are qualified by mandatory obligations in the nature of preconditions set out in section 133(2). A failure to comply with section 133(2) abrogates the power of entry under section 133(1). That is, a failure to provide seven days notice will mean entry onto land is unlawful.
Magistrates sums up ■ Magistrate Annabel Hawkins, delivering her 22-page judgement, said the question was: “Did Ms Bertalli obstruct the three member(s) of the pipeline team in the execution or performance of their duties under the Act?” “In Goddard v Collins (1984) VR 919 at 929 Nathan J. defined obstruction as “the purposeful act of making it more difficult for a law enforcement officer (Goddard) to do that which is empowered to do provided he is acting in good faith”. This definition accords with that provided in the English decision of Lewis v Cox (1985) 1 QB 509 in which a line of authorities also defined obstruction as making it more difficult for a person to conduct their duty. “Although it may have been possible to Mr Wilson, Mr Jenkins and Mr Blanchfield to enter the cattle yards to inspect and obtain a soil sample, the performance of this task was made more difficult by Ms Bertalli shutting the main gate and holding her arms out across it. “In ordr to enter the cattle yards through that gate, the three men would have had to physically remove Ms Bertalli. There may have been other ways of gaining access to the yards but I accept that these were not obvious to the members of the pipeline team. “I therefore find that Ms Bertalli did obstruct the three members of the pipeline team. “Mr Wilson is an officer of the Authority. Mr Jenkins and Mr Blanchfield were authorised to perform functions on behalf of the Authority as set out in their letters of authorisation. The functions that were performed by the three men were essential to the construction of the pipeline and therefore works under Section 133(2) of the Act. “Seven days’ written notice was provided to Ms Bertalli as required by that section. The three members of the pipeline team entered the property between the hours of 7.30am and 6pm and therefore complied with Section 133(4). Whether or not there was a breach of Section 134 does not invalidate the power to enter land under Section 133. I have nevertheless found there was no breach. “I therefore find that Mr Wilson, Mr Jenkins and Mr Blanchfield were lawfully executing or performing their duties under the Act. “Finally, I am satisfied beyond reasonable doubt that each of the elements of the charges has been proved. I find the charges proved and dismiss them under Section 76 of the Sentencing Act with no further orders.”
North-South Pipeline Court Case
‘I FIND THE CHARGES PROVED AND DISMISS THEM’
● From Page 9 Magistrate Hawkins considered the right of entry compared with acquisition of land. “Mr Petrovich submitted that the construction of major works such as the North South Pipeline is a de facto acquisition of land and to interpret Section 133 of the Act to allow entry onto the land for that purpose would render the need to acquire the land or an easement redundant and Section 130 of the Act unnecessary.” “Mr Gipp submitted on behalf of the prosecution that entry onto land under Section 133 and placing works on that land does not amount to an acquisition of the land. “The entry of the land on September 24, 2008, was for the purpose of inspecting the property and taking a small sample of soil. “The Authority’s presence was temporary and short and there was no exclusion of any person until the alleged obstruction and subsequent arrest of Ms Bertalli.” Magistrate Hawkins said: “The purchase of land or compulsory acquisition provides the purchaser or the acquirer with a proprietary interest in the land that is not temporary. “Right of entry for the purpose of carrying out works on a property is temporary. It does not give the Authority proprietary rights that it would have under Section 130. Section 133 and Section 130 of the Act clearly have different purposes. “Section 135 makes it very clear that the powers of entry onto land under Section 133 are in addition to the Land Acquisition and Compensation Act 1986 which controls any acquisition of land by the Authority.” Ms Hawkins said: “Although I have already determined that inspection of the land and the taking of a soil sample were preliminary but essential to the works of constructing a pipeline and therefore part of the “works”, I must confine my consideration of the activities of the Authority to what actually happened on September 24, 2008. “On that day there was no construction, no fencing off, no use of heavy machinery and no permanent alteration to the property. “I am aware that the Authority has undertaken such activities since that date. This may well amount to an acquisition of a proprietary interest in the land, however, that is a matter that will have to be determined elsewhere. “As I have already stated, I am confined to the actual activities on that day and I do not find that they amounted to a de facto acquisition of any part of the land.”
‘The trespass charges serve no purpose beyond making targets of individual workers and contractors who were just doing the jobs’ - Rod Clifford Melbourne Water
Pipeline Fast Facts ■ The North-South Pipeline, also known as the Sugarloaf Pipeline Project, is laying a pipe from the Goulburn River near Yea, to the Sugarloaf Reservoir, north-east of Melbourne. ■ The pipeline is on both public and private land. The project affects about 125 private properties. ■ Pipe laying is expected to be completed by the end of July. Managers say the project remains on budget. Total cost is listed as $750 million. Some observers predict the end cost will be more than $1 billion. ■ Some land owners say they have only just received paperwork to compulsorily acquire their land, after works began. Melbourne Water says offers of compensation are being made within a timeframe set down by law. ■ Arrests have previously been made of a number of protestors from the Friends of the Earth and Plug The Pipe campaign groups. Melbourne Water is yet to announce whether those people will face court on obstruction charges.
‘No further orders’ ■ Magistrate Annabel Hawkins summed up the case against Ms Bertalli with these words at Seymour Court on Friday: “I am satisfied beyond reasonable doubt that each of the elements of the charges has been proved. I find the charges proved and dismiss them under Section 76 of the Sentencing Act with no further orders.”
Pipeline project continues at top speed
● 50 separate crews are working on the pipeline project
PHOTO: TEN NEWS
● Rod Clifford, Melbourne Water Project Director, at Castella ■ Melbourne Water says it is pleased that its rights to legally enter private land have been confirmed. “We are pleased this matter has been dealt with so we can get on with the job of delivering this project ahead of time and on budget,” said Rod Clifford, Melbourne Water Project Director. Mr Clifford repeated his call on the Plug The Pipe supporters to withdraw the remaining criminal trespass charges against five pipelines workers and contractors. Land owners Deb Bertalli and Bill Anderson have brought about 18 private prosecutions of trespass against five NorthSouth Pipeline workers. A Couirt mention is scheduled for next month. “The Magistrate has made it clear that land entry by Melbourne Water was legal under the Water Act so the trespass charges serve no purpose beyond making targets of individual workers and contractors who were just doing their jobs,” Mr Clifford said. “We have said from the beginning that we believe the land entry provisions of the Water Act are crystal clear. Today’s ruling confirms that we are on rock-solid ground.’ Mr Clifford said Melbourne Water would continue to ensure all future land entries were handled with due care and diligence, and in full consultation with affected landowners. “Our approach is not just about the letter, but also the spirit of the law. The level of co-operation and consultation on this project is of an exceptionally high standard and we will keep that up until the project is completed,” Mr Clifford said. Whilst television news crews filmed Ms Bertalli at Seymour Court, Mr Clifford was being recorded at the break-through by the tunnel-boring machine, through the end of the 830-metre tunnel under the Toolangi State Forest last Friday. Fifty Alliance crews have now laid 53 kms of the pipe. Construction of the two pump stations is well underway, and the power sub-station transformer building is almost complete.”
www.ThePhoenix.com.au
The Phoenix - Monday, June 22, 2009 - Page 11
ACCENT ON TANK CLEANING
Have you had your water tank cleaned in the last 3 years?
NO!
HOW YOU CONSIDERED THE HEALTH RISKS TO YOUR FAMILY? The build up of sludge, deecaying leaves, animals or animal matter, which if left may cause harmful vacteria, leading to salmonella, legionella or gastric problems.
INSURANCE WORK CATERED FOR
HOWARD 0407 684 910
Water Tank Cleaning, Vacuum and Repair Service with minimal water loss.
CALL FOR A FREE QUOTE
Page 12 - The Phoenix - Monday, June 22, 2009
www.ThePhoenix.com.au
www.ThePhoenix.com.au
The Phoenix - Monday, June 22, 2009 - Page 13
Page 14 - The Phoenix - Monday, June 22, 2009
www.ThePhoenix.com.au
The Phoenix - Monday, June 22, 2009 - Page 15
Victorian Bushfires Royal Commission
‘WE COULD HAVE SAVED LIVES’
■ Rocky Joseph Barca, a Parks Victoria employee who was posted to the Kangaroo Ground centre as Deputy Incident Controller on Black Saturday, gave evidence to the Victorian Bushfires Royal Commission on Thursday. Mr Barca gave evidence of breakdowns in fire control management on the day. He said that between 12.30pm and at least 2.40pm on February 7, the Kangaroo Ground incident control centre was not informed of the identity of the Kilmore incident controller, in charge of the blaze that was threatening the region. Mr Jack Rush, Counsel assisting the Royal Commissioners: “You mention that around that time (12.30pm) contact was made to Kilmore in an attempt to establish what was happening?” Mr Barca: “That's correct. We were trying to find out what was the situation with the fire and we made several attempts to contact Kilmore via phone and were unsuccessful. Mr Rush: What happened?” Mr Barca: “Many times the phone rang out.” Mr Rush asked about attempts to contact Graeme Armstrong,. the CFA Regional Duty Officer: “What was the point at around that time of getting in touch with him?” Mr Barca: “We were trying to ascertain who the incident controller of the incident that had started around Kilmore was to determine what they knew about the fire and to understand what they were thinking in terms of their control strategies.” Mr Rush: “Was Mr Armstrong able to tell you who the incident controller was?” Mr Barca: “No, he wasn't.” Mr Rush: “So is the position that from the onset at 1230 to at least 1440 Kangaroo Ground had not been informed who the incident controller at Kilmore was?” Mr Barca: “That's correct, to my knowledge.” Mr Rush: “Were there continuing efforts from Kangaroo Ground to get in touch with Kilmore to ascertain what was going on?” Mr Barca: “That's my understanding.” Mr Rush: “What is your understanding as to the result of that?” Mr Barca: “That we had no knowledge of who the incident controller was.” Mr Barca told of finally get some information about 2.40pm on Black Saturday about the rapid progress of the Kilmore fire: “I was concerned, Mr Rush, given the conditions of
■ David Anderson Cooper, Group Duty Officer with the Lower Yarra Group, with 30 years experience as a Country Fire Authority volunteer, gave evidence at last Wednesday’s hearing of the Victorian Bushfires Royal Commission. Mr Cooper was based at Kangaroo Ground and said that the team there was “shadow tracking” and mapping the Black Saturday fires that were being monitored under the leadershop of the team based at Kilmore. “In conjunction with what I was looking at at the map, I went over every 20 minutes or so and looked over their shoulder to see what they were doing. “It became apparent to me that that fire would have some impact in our local area. At about 3.30 the Kangaroo Ground fire brigade captain, Peter Grant, walked inside the ICC. He had a handful of burnt leaves, not burning but burnt leaves. “I asked him where he got them. He said, "Out the front door," and it just became very apparent to me that there would be some impact. “It wasn't a matter of if, it was a matter of when. Then we decided that it was probably time to take some appropriate action.”
Towards St Andrews
● Rocky Barca was working at Kangaroo Ground on Black Saturday the day. Throughout my training in operations cident and also to alert any communities which and in planning and in control roles, I have been may be at risk from that developing situation. trained to look at a fire and try to determine the Mr Barca made an assessment around that potential of that fire. time that the areas of Kinglake, Kinglake “In undertaking that analysis in looking at West, Strathewen, St Andrews, Steels Creek, the potential of the fire, I use such things such Flowerdale, Humevale and surrounding towns as weather, wind, temperature, relative humid- and areas were at risk. ity and the potential for a wind change, the fuMr Rush: “How long did it take you to unels which a fire is potentially burning in and, dertake that assessment, approximately? using the McArthur meter as a guide, come up Mr Barca: “The snap assessment?” with a potential forward rate of spread, flame Yes?---Fifteen, 20 minutes maximum. height and spotting potential of that incident. And the information that you had was based “That gives us an indication of where that on the conversation that you had had of the fire fire may be in the next few hours, in the next spread towards Wandong?---That's correct. shift, in the next day or so, so then we can start ● Turn To Page 16 developing strategies for the control of that in-
SUBMISSIONS ON THE RECORD
■ The Victorian Bushfires Royal Commission has published submissions from many members of the public at its website. Each document can be viewed through the website: www.royalcommission.vic.gov.au/ Site-Map The following people acknowledged that their submissions would become public documents. Surnames listed alphabetically: Drew Adamson. Matthew Ahern. Robin Aldridge. Hugh Aldersey. Simon Alderson De Garis. Anthony Allen. Illiya Ananiev. Wally Anders. Steven Bahlen. John Barker. Daniel Baschiera. Peter Batacanin. Brian Batchelor. Graham Bates. Anthea Beani. Rob Beck. Stephen Bedding. Paul and Valerie Beers. Stuart Bennett. John Blake. Judith Anne Blogg. Michael Boffa. Peter Bond. Norm Boreham. Jimmy Borsi. David Borys. Arthur Boyd. Lindsay Brain. Anthony Bramley. David Breeze. Barbara Brennan. Nancy Brennan. Brian Brewer. Michael Britt. Peter Brown. Rod and Wendy Brown. Geoff Bruckard. Alan Brydon. Benita Buchanan. Donald Buchanan. Peter Murry Bullock. Megan Buntine. Michelle Buntine. Donald Carter. Linda Carter. Robert Carveth.Debby Cheeseman. Lynette Childe. William Chisholm. John Chiswell. Dell Clarke. Gayle Clifford. Colin Clift. Doug Coates. Grahame Code. Dara Conlan. Neil Connell. William Cooper. Stephen Conway. Robert Cook. James Cowdery. Janice Crosswhite. Andrew Cruickshank. Richard Dagg. John Dale
Commission Briefs Veteran gives evidence
John Davenport. John Dean. Robert Devereux. Dianne Dixon. Owen Downie. Leonie Dunbar. Kenneth Dwight. Anne-Marie Ebbels. Sandra Eldridge. George Ellis. June Engish. David Erskine. Bruce Evans. Ross Fardon. Griffith Fearon. John Ferguson. Jillian Fitzgerald. George Flack. David Flint. Ross Florence. Garth Foxwell. Kahn Franke. Ron Frederick. Robert Fyfe. William Gamble. Kenneth Gammon. Paul Gatto. Peter Gell. Eugena Ginnane. Bevan Gobbett. David Goodrich. Matt Goschnick. Arthur Gouros. John Gray. Ronald Gray. Karl Grimm. Brian Grinham. Michael Grounds. Michael Gunter. Wayne Christifer Haggar. Michael Halls. Michael Hammond. Patti Heeley. Stuart Hill. Sue Hoffman. Jane Holth. Susan Housego. Alan Hughes. Lorraine Hunter, Susan Hunter. Robert Hutchings. Ann Jelinek. Arthur Johnson. James Johnson. Klaus Jungling. Christian Kent. William Kerr. John King. Colin Kline. Alan Knight. Edith Kovarfi. Effie Laban. David Lang. Andrew Lewin. Heather Livingstone. Reinier Lolkema. Peter Lord. Graeme Luke. Kenneth MacGowan. Paul MacMichael. Vincent Mahon.Robert Marston. Janette Martin. John Marx. Meran Massumeh. Deanna Mastellone. Peeter McEwan. Jamie McIntyre. Kevin McLaughlin. Andrew McNabb. Sfetsos Menios. Milan Mitic. Alan Morgan. Serafina Munns. John Playford Myhill. Max Newman. Peter Newman. Neville Nicholls. Sandra Nicholson. Bruce Normand. Evelyn Northei. Denis O'Bryan. Gordon
Osmond. Graham Page. Brian Patten. Renee Paulet. Kristen Pearson. Alexandra Peters. David Peterson. Anne Phefley. Kerry Plowright. Margaret Polmear. Len Price. Suzanne Prien. Malcolm Pritchard. Leon Proctor. Deborah Ralston. Oliver Raymond. Anthony Reardon. Geoff Rees. Rachelle Regan. Rodney Ridd. Mirko Riha. Russell Ritchie. Neville Robinson. Don Roderick. Robert Rodwell. Ken Rogers. Lionel Rose. Peter Ryan. Murry Salby. Brett Savage. Raymond Scanlon. Charlie Schroeder. John Scott. Simon Seear. Andrew SeymoureTaylor. Roslyn Shannon. David Smith. Raymond Smith. Robert Sproul. Michael Squirrell. Frank Starcevich. Andrew Steer. Nicki Stephens. Lisa Stone. Shirley Stone. Anne Stubbings. Bob Such. Tracey Summerton. Dale Sumner. Fred Swainston. John Syme. Robert Tate. Michael Taylor. Ian Tebbutt. Keiran Thomas. Kelvin Thomson. Susan Tonge. Malcolm Tonkin. Peter John Towt. Arthur Toyne. Michelle Trustum. Charles Tuckey. Barton Van Laar. Rainier and Ann Verlaan. Philip Vernon. Alana Vrolijks. Christopher Waddell. Neville Wainwright. George Wall. Simon Wardlaw. Donald Walters. David Waters. Trevor Weichmann. Colin Weir. Philip Westwood. Laurence White. Derek Willard. Geoff Williams. John Williams. Kerry Willis. Alan Wilson. Graeme Wilson. Richard David Trevor Wilson. Vincent Wilson. William Wilson. Melanie Wiltshire. John Wise. Helen Wositzky-Royce. Peter Wynd. David Youssef.
■ Mr Cooper told the Commission that the team at Kangaroo Ground could see the Kilmore fire was moving fast in their direction, and towards Strathewen and St Andrews where a large number of people were killed on February 7. “Given the fact that the fire was coming from the north-west of our general location, predominantly that would be Nutfield, Cottles Bridge, St Andrews were my major concerns at that stage. “But the most important thing about the decision to bring the strike team up was there was a fire that had started in Arthurs Creek. We were monitoring the radio traffic from that fire. “I remember that the Arthurs Creek captain, David McGahy, had given a word back of totally out of control for that event and it was at that point I said, "Well, that's it," we were going to have an incident that we were going to have to deal with. That was at 4 o'clock. “I had the strike team responded to bring them up to Hurstbridge, because if they are at Hurstbridge, if the fire had started in Nutfield or Cottlesbridge, they could go to the west. If it started in St Andrews, they could go to the east. From there it was generally the best location, I felt, to bring them up to.”
Unable to contact ■ There were some initial difficulties in responding that strike team. We weren't able to page them,” Mr Cooper said. “The Vic Fire system, we couldn't contact them. We rang them. We couldn't get through to Vic Fire. Normally what we would do, we'd ring Vic Fire, say "Can you please turn out the strike team 1364," they'd page them and they'd respond. “On this particular day we couldn't get through to on the phone, we couldn't get through to Vic Fire on the radio. “My recollection is the two people I tasked to turn out the strike team had to actually ring the fire stations on the landlines. Anyway, they were brought up and then during the course of them going to Hurstbridge a fire started in Hildebrand Road, St Andrews.” Mr Cooper said there were fears that the fire would head towards Christmas Hills. “The fire situation was we had a significant running fire travelling north-west to south-east at a pretty decent rate and spreading rather rapidly.” Mr Cooper reported back to the Kangaroo Ground centre that the fire “was travelling at a pretty fast rate and spreading quite rapidly. I gave some geographic locations, Mittons Bridge Road I recall and Hewitts Road, and we requested further resources to come and assist.”
Page 16 - The Phoenix - Monday, June 22, 2009
Commission Briefs ‘Too much fire’: firey ■ David Cooper, Lower Yarra Group Duty Officer, last week told the Royal Commission of his on-the-spot assessment of the Black Saturday fires in the St Andrews and Cottles Bridge region. “After we had assessed the situation, the fires had jumped the Heidelberg-Kinglake Road and were still travelling, it was very clear to us that we just didn't have resources to combat the fire per se. So we had to change our strategy in terms of the firefight, because of a lack of resources, was lost, so we had to pull back into an asset protection sort of strategy. “We had some appliances that were trying to achieve quite a great deal, but to no effect. I guess, to put it in layman's terms, there was too much fire and not enough resources to do anything about it, so we decided to change our strategy.”
No resources at K’lake ■ Mr Cooper recalled his discussions with Brendan Keith, Captain of the Hurstbridge CFA brigade. “Well, we left the St Andrews township and we briefly stopped at the St Andrews fire station to give them an update of what we had actually seen. Then we decided we would travel back to the fire ground or the control point on the fire ground. Had a conversation at that time. “I remember when we were driving back that I saw a Kinglake tanker. I knew that we had both Kinglake appliances in St Andrews, but I do specifically remember seeing one of the Kinglake appliances and then I realised of course that there were no resources in Kinglake. “We were concerned about Kinglake because, when the change was going to arrive, the fire was going to pick up and travel in that direction, so it was obvious to us that Kinglake would be under some kind of threat.”
Tanker’s ‘Mayday’ call ■ Evidence was given at last week’s Royal Commission hearing that the North Warrandyte tanker made a ‘Mayday’ call about 6.20pm on Black Saturday. Mr Cooper explained its signficance: “If you are a fire appliance on a fire ground and you put out a mayday, it would be because you are in extreme trouble.” The Commission was told that the crew was trying to make its way to Kinglake. Mr Cooper said he was not aware of its location until “roundabout” was communicated. The observation was made of the fire moving east of Bowden Spur Rd at Kinglake: “It was travelling very quickly and was very, very large. It was very obvious to us what was going to happen ... it was going to go into Kinglake, Kinglake West.”
Kinglake ‘impassable’ ■ Mr Cooper told of using the WhittleseaYea Rd, accompanied by a Police car, on Black Saturday night in an attempt to reach Kinglake West and Kinglake. “We got to Kinglake West fire station at around 9.30. I had a conversation with the Kinglake West captain. Then I had a conversation with one of their lieutenants. I wanted to know what the conditions of the road were between Kinglake West and Kinglake. He informed me that 200 metres to the east of the fire station that there were trees over the road and there had actually been a two-car collision there and it was impassible and beyond that he didn't know. I said, "Well, it's imperative that we get to Kinglake." So he decided to join us, good on him. He went and grabbed the chainsaw and he came in our vehicle and off we went. As I said, we hit the first obstacle at about 200 metres in and we just cut enough room to allow a tanker to go through on the basis that the tankers were behind us - well, weren't with us, but on their way, and we cut through I think about another four or five obstacles. At one point there was a vehicle that we had to move. It made it completely impassable.”
www.ThePhoenix.com.au
Victorian Bushfires Royal Commission
3PM PUSH FOR THREAT MESSAGES
● From Page 15 Mr Rush: “What was your view, and I will just ask you to enlarge on it, in relation to the potential of this fire at that time, at around 1430, 1440?” Mr Barca: “My view was that, if this fire wasn't controlled, and it was clearly going to be very difficult to control, it was going to proceed in a south-easterly direction fanned by the strong northerlies and come through the areas of, you know, Humevale, St Andrews et cetera, and then with the wind change later on that afternoon or that evening would be pushed into the Kinglake area.” Mr Rush: “So did you also factor into your prediction and assessment of this fire the potential for that wind change?” Mr Barca: “Absolutely, yes.” Mr Rush: “What was your understanding of the potential of that and its impact on the fire?” Mr Barca: “The potential of the wind change, that the direction of the firefront would change. It would move from a south-easterly direction initially fanned by winds from the north and then with a south-westerly change it would move to a north-easterly direction.” Mr Barca said he had a conversation with Bernard Barbetti, DSE regional duty officer based at Box Hill, including asking if any threat messages had been issued to the public in these areas. Mr Rush: “You indicate that he called you back at about 1513 and indicated there were no threat messages as yet?” Mr Barca: “That's correct.” Mr Rush: “And that's an entry that you made in your log?” Mr Barca: “That's correct.” Mr Rush: “And is it your understanding that that information came as a consequence of Mr Barbetti's inquiry to the IECC?” Mr Barca: “That's correct.” Mr Rush: “You refer to - and I take it there were conversations throughout the day with Mr Lawrence concerning the fire and the role of Kangaroo Ground. You refer to a specific conversation at 1500 with Mr Lawrence, and that concerned the drafting of a threat message?” Mr Barca: “I had a conversation with Mr Lawrence following my quick analysis identifying my concerns in relation to the incident, to the potential of this fire, and then I had a conversation that we need to draft some threat messages, or a threat message, and from memory he agreed to that and I then asked the information officer or the planning officer.” Mr Rush: “Was it the intention that it be drafted and then forwarded on?” Mr Barca: “We were drafting the alert in anticipation of being given control, because all afternoon we had been making the suggestion that Kangaroo Ground should be given control of part of that fire, particularly as it was encroaching on our ICC footprint. We certainly didn't want to be having to wait around and not have an alert message ready when we were given that control.” Mr Barca referred to log notes where he recorded “about 1600 it will be in North Mountain Road. Local predictions there'll be spotting in Kinglake, Toorourrong Reservoir area, Wallaby Creek catchment and that it will bypass Whittlesea" At 3.35pm there was a report of spot fires in Humevale.. Mr Barca made a log note: “Still a Kilmore fire”, meaning that management control of the blaze had not been delegated elsewhere. Mr Rush: “The phone call from Mr Barbetti and your note "Still Kilmore fire", is that demonstrative of your continuing concern as to who had responsibility for the fire?” Mr Barca: “That's correct. As I've said earlier, we at Kangaroo Ground made repeated inquiries as to who had control of this incident and each time we were informed that it was a Kilmore fire.” At 3.50pm, a call was made to the electricity company, Ausnet, regarding a possible threat to the Kinglake powerlines. Mr Rush: “Who made that contact, do you recall?” Mr Barca: “I don't know who made that
‘All afternoon we had been making the suggestion that Kangaroo Ground should be given control of part of that fire’
● Jack Rush, Counsel assisting the Royal Commissioners contact. We did have a conversation about the risk to communities and other assets which may be in the path of the fire and the powerlines were identified as one of those other assets which could be impacted by this fire.” Mr Rush: “Did you ask of Mr Murphy what role Kangaroo Ground would be playing in the fire?” Mr Barca: “We did, and the response was that he would get back to us.” Mr Rush: “Then at 1600 what's that entry relate to?” Mr Barca: “Reports of ember attack at Kinglake West, Coombs Road, Eagles Nest and Paton Hill area." Mr Rush: “What does the next page at 0046 say?” Mr Barca: “"Kinglake needs threat messages ASAP. Confirmation of responsibility. Lack of information and threat messages. CFA in a mess." Mr Rush: “Why did you make that note?” Mr Barca: “It was a way of me relieving my frustration on a very difficult and challenging afternoon, Mr Rush. I was frustrated that we were making many attempts to contact the designated ICC and we were unable to, that's the Kilmore ICC, and I was frustrated because after repeated inquiries about being given or should be given control at Kangaroo Ground for a fire which was on our doorstep, that wasn't coming. Mr Rush: “What about the issuing of threat messages?” Mr Barca: “Once again, we were unable to contact Kilmore in order to find out if there was any information being sent to the community.” Evidence was given of a phone call at 4.30pm with Stewart Kreltszheim, who had taken over as Incident Controller at Kilmore. Mr Barca: “Mr Kreltszheim informed us that Kangaroo Ground was to be the divisional command responsible to Kilmore, through Kilmore, for the management of that fire.” Mr Rush: “Did you, after 1630, receive any instructions at all on a strategic or operational level from the incident control centre at Kilmore for this fire?” Mr Barca: “Not to my knowledge. I did attempt on many occasions to contact Mr Kreltszheim again at Kilmore, but to no avail, to try to ascertain further directions or any other detail.” Mr Rush: “What methods were you using in an attempt to make that contact?” Mr Barca: “It was always by phone.” Mr Rush: “You say that after that conversation with Mr Kreltszheim ... you told Graeme,
that's Graeme Armstrong, I take it, that "resources needed to be found and dispatched for the purposes of life and property protection and that urgent threat alerts needed to be issued. Graeme told us that he would get back to us about the role of Kangaroo Ground ICC. He told us that as the Kangaroo Ground ICC was the divisional command, it had to act through the Kilmore ICC"?” Mr Barca: “That's correct.” Mr Rush: “Did that remain the position indeed throughout the afternoon and throughout the evening?” Mr Barca: “It remained that position until about 10 o'clock that evening, where at a divisional command meeting Jason Lawrence informed us that Graeme Armstrong had given instruction that we were to assume control of part of the incident and asked us to make contact with Kilmore to organise that transition of control or acquisition of control for a part of the incident. We subsequently did that only to find yet another incident controller - - Mr Rush: At Kilmore?--Mr Barca: “At Kilmore, and to be told that they didn't know anything about that decision and they will get back to us.” Mr Rush: “How long did it take to sort out the transition?” Mr Barca: “We weren't given control until 5 or 6 o'clock the next morning, Mr Rush, and that was confirmed to us by I believe the state duty officer and Mr Armstrong.” The Royal Commission was told that Mr Barca placed a direct phone call to the Ewen Waller, Chief of the DSE, at 12.40am Sunday,: “I simply phoned Mr Waller, given the severity of the information that I knew, the grave situation we were in in terms of what the fire had done, and I wanted to make sure that the chief officer was absolutely appraised of that information and got firsthand account of what was going on. He then informed me to let the then chief officer contact who was rostered on, Mr Liam Fogarty, know of that situation, which I did.” Answering a question from Commissioner McLeod, Mr Barca said that the Kangaroo Ground centre had been ready to assume control from Kilmore: “Yes, we were, so to speak, Johnny-on-the-spot. The fire was in our backyard. All our resources were local resources who knew the local terrain, who knew the local conditions and were able to respond accordingly.” Commissioner McLeod: “What would have been the difference, do you think, in relation to the fire if the Kangaroo Ground incident control centre had been given responsibility for part of the fire earlier when you requested it?” Mr Barca: “You are asking me to speculate what we could have done. What we would have done is we would have got an alert out as soon as we made the analysis. That is certain, in my mind, that that would have been our number one priority.” Mr Barca told the Commission: “I believe the further you move away from the incident in terms of accountability, the harder it is to gather the relevant information to undertake the strategic and the relevant decisions in terms of that incident, particularly in terms of the local communities and particularly in terms of the strategies that need to be developed and implemented for the control of that incident.” Commissioner McLeod: “So, in your mind, would it be preferable on a day like February 7 to have communication flows that enable the management of the incident to be transferred in a timely fashion?” Mr Barca: “Absolutely. Yes.”
Page 24 - The Phoenix - Monday, June 22, 2009
www.ThePhoenix.com.au
www.ThePhoenix.com.au
The Phoenix - Monday, June 22, 2009 - Page 21
TIGERS, KINGLAKE BOTH WIN WELL
■ The Yea Tigers enjoyed a welcome home ground victory against Belgrave on Saturday in Yarra Valley Mountain District Football League’s Division Two competition.
YEA SCOREBOARD SENIORS YEA .......................... 3.3, 7.7, 9.8, 12.9 (81) BELGRAVE .................. 2.1, 2.3, 4.6, 5.6 (36) Goals. Yea: C. Graham 3, R. Akers 2, P. Kiss 2, J. Cannell, P. McKenna, M. McKenna, M. Scoble, M. Helder. Belgrave: B. Raaymakers 2, B. Fitzgerald, D. Sidebottom, C. Bowman Best. Yea: J. Clavarino, C. Graham, R. Akers, P. McKenna, J. Connell, T. Bear. Belgrave: D. Bilston, N. Fage, B. Fitzgerald, M. Stamps, B. Raaymakers, D. Sidebottom RESERVES YEA .......................... 2.1, 6.6, 8.7, 9.10 (64) BELGRAVE .................. 2.0, 4.0, 4.4, 6.6 (42) Goals. Yea: S. Benson 3, J. Dunn 2, J. Connell, B. Holman , S. Morison , S. Beverley. Belgrave: L. Campbell 2, L. Robinson , H. Scott , S. Connolly, J. Sukroo. Best. Yea: J. Frankcombe, S. Beverley, S. Vlamis, B. Holman, T. Hayes, T. Tiburcy. Belgrave: C. Poxon, R. Morris, J. Gray, M. Skinner, L. Robinson, P. Otten.
KINGLAKE SCOREBOARD SENIORS KINGLAKE ....... 6.7, 10.12, 13.13, 19.14 (128) EMERALD .............. 5.2, 8.4, 9.10, 13.10 (88)
Goals. Kinglake: J. Demarco 4, L. Nott 4, M. Thomas 3, B. Gallicho 3, M. Quee 2, C. McNaught 2, J. Walker Best. Kinglake: B. Gallicho, C. McNaught, A. Carpenter, C. Scott, J. Demarco, M. Ryan RESERVES KINGLAKE ................... 0.5, 5.7, 9.8, 9.9 (63) EMERALD .................... 1.2, 1.5, 2.7, 3.12 (30) Goals. Kinglake: C. Caine 3, D. Hamilton 3, B. Styles 2, A. Grundy. Emerald: M. Evans , J. Cousins , B. Butterworth Best. Kinglake: K. Smith, B. Collins, J. Morgan, H. Illingworth, D. Pywell, G. Hodgson. Emerald: S. Paull, D. Paull, J. Gough, E. Doran, J. Lewis, J. Galea. THIRDS EMERALD .... 3.4, 6.8, 11.12, 19.17 (131) KINGLAKE .... 0.1, 1.2, 1.2, 1.2 (8) Goals. Emerald: T. Sidwell 4, S. Steer 4, N. Lang 2, R. Doran 2, J. Mays , A. Jansen , M. Quinn , D. Bond , J. Dodd , T. Gatt , J. Watson. Kinglake: M. Ingle. Best. Kinglake: S. Le Poidevin, J. Harvey, J. Styles, B. Carpenter, M. Ingle, A. Griffiths
OTHER YVMDFL DIV. 2 SCORES SENIORS. Olinda Ferny Creek 17.14 (116) d Seville 9.14 (68). Thornton Eildon 12.7 (79) d Yarra Glen 10.11 (71). Yarra Junction 12.12 (84) d Powelltown 8.8 (56) RESERVES: Olinda Ferny Creek 19.1`2 (126) d Seville 5.5 (35). Yarra Glen 28.16 (164) d Thornton Eildon 3.4 (22). Yarra Junction 10.15 (75) d Powelltown 4.3 (27).
COMBINED THIRDS: Alexandra 22.17 (149) d Belgrave 2.8 (20). Emerald 19.17 (131) d Kinglake 1.2 (8). Upwey Tecoma 6.8 (44) d Healesville 5.4 (34). Monbulk 11.6 (72) d Warburton Millgrove 8.13 (61). Olinda Ferny Creek 9.17 (71) d Seville 7.7 (49). Poweeltwon 19.10 (124) d Yarra Junction 5.4 (34). Bye: Gembrook Cockatoo. (See Page 21 for Thirds ladder).
YVMDFL DIV. 2 LADDERS SENIORS: 1 Olinda Ferny Creek 231.07 40. 2 Kinglake 147.66 32, 3 Seville 139.01 32. 4 Yarra Junction 104.98 24. 5 Emerald 107.28 20. 6 Yea 66.51 20. 7 Yarra Glen 75.14 12. 8 Thornton Eildon 81.23 8. 9 Belgrave 62.69 8. 10 Powelltown 62.20 4 RESERVES: 1 Yarra Glen 249.74 36. 2 Kinglake 197.41 32. 3 Olinda Ferny Creek 252.35 28. 4 Seville 190.00 28. 5 Emerald 143.11 24. 6 Yarra Junction 94.51 24. 7 Yea 65.54 16. 8 Belgrave 62.56 8. 9 Thornton Eildon 21.93 4. 10 Powelltown 27.16 0
YVMDFL DIV. 1 LADDERS SENIORS: 1 Upwey Tecoma 280.21 36. 2 Monbulk 201.62 32. 3 Woori Yallock 159.75 28. 4 Mount Evelyn 111.05 20. 5 Healesville 103.12 20. 6 Silvan 80.46 20. 7 Warburton Millgrove 83.33 12. 8 Gembrook Cockatoo 63.66 8. 9 Wandin 52.53 4. 10 Alexandra 34.68 0 RESERVES: 1 Upwey Tecoma 384.01 36. 2 Healesville 175.51 28. 3 Mount Evelyn 138.79 28. 4 Monbulk 158.40 24. 5 Gembrook Cockatoo 109.19 20. 6 Warburton Millgrove 104.03 20. 7 Wandin 60.39 12. 8 Woori Yallock 54.39 8. 9 Silvan 44.42 4. 10 Alexandra 25.57 0
WHITTLESEA: DOWN THE CREEK
■ The Eagles suffered a 16-point defeat at the hands of Diamond Creek at Nillumbik Park on Saturday in the Northern Football League Division Two competition.
WHITTLESEA SCOREBOARD SENIORS DIAMOND CREEK ........................... 10.13 (73) WHITTLESEA ...................................... 8.9 (57) Goals. Diamond Creek: B. Phelan 2, R. Constance 2, S. Perryman 2, N. Grimes, J. Donaldson, L. Simpson, L. Jackson. Whittlesea: N. Snowdon 2, J. Ward, M. Dornauf, E. Murray, J. Page, B. Marks, M. Quinton Best. Diamond Creek: J. Whitehouse-Summers, B. Phelan, L. Jackson, J. Burrell, T. Loader, J. Donaldson. Whittlesea: J. Page, T. Behan, N. Snowdon, T. Hennessy, M. Ryan, T. Jinnette RESERVES DIAMOND CREEK ......................... 13.14 (92) WHITTLESEA ..................................... 1.4 (10) Goals. Diamond Creek: S. Ferraro 7, B. Kinnane 4, B. Wescott, D. O’'Regan. Whittlesea: D. Burcul. Best. Diamond Creek: J. Richardson, S. Elliott, D. McCoid, M. Smith, M. Kankaanpaa, S. Ferraro Whittlesea: M. Eifermann, W. Clarke, A. Young, R. Tate, W. Draper, J. Robinson UNDER 19 DIAMOND CREEK .......................... 10.15 (75) WHITTLESEA .................................. 6.10 (46) Goals. Diamond Creek: L. Campitelli 5, K. Patching, J. Reardon, L. Colvin, T. McLean, S. Tyler. Whittlesea: J. Nixon 2, N. Herbert 2, D. O'’Connor, M. Robertson Best. Diamond Creek: A. Nelson, D. Taylor, P. Franzini, S. Patrick, L. Campitelli, J. Kelly. Whittlesea: L. Deards, R. Dahlblom, M. Robertson, J. Ruth, B. Brown, W. Clarke
8 Lower Plenty 137.48 16. 9 Hurstbridge 81.97 16. 10 Parkside 81.47 16. 11 Panton Hill 76.43 8. 12 South Morang 56.76 8. 13 Reservoir 55.41 4. 14 Heidelberg West 22.97 0 RESERVES Epping 12.12 (84) d Lower Plenty 10.5 (65). Hurstbridge 22.14 (146) d Reservoir 4.1 (25). Mernda 38.15 (243) d Heidelberg West 2.1 (13). Watsonia 20.12 (132) d South Morang 6.4 (40). Fitzroy Stars 9.9 (63) d Panton Hill 14.11 (95). Macleod 20.16 (136) d Parkside 1.11 (17). Ladder: 1 Diamond Creek 353 311.05 36. 2 Macleod 9239.57 32. 3 Mernda 208.48 28. 4 Epping 161.66 28. 5 Whittlesea134.34 24. 6 Lower Plenty 137.88 20. 7 Hurstbridge 125.29 16. 8 Watsonia 116.72 16. 9 South Morang 81.82 16. 10 Parkside 71.20 16. 11 Fitzroy Stars 50.19 8. 12 Reservoir 45.50 8. 13 Panton Hill 79.80 4. 14 Heidelberg West 16.14 0. UNDER 19 Lower Plenty 14.15 (99) d Epping 6.8 (44). Bundoora Bulls 18.20 (128) d Keon Park 2.3 (15). Mernda 11.12 (78) d Hurstbridge 6.11 (47). Macleod 18.16 (124) d St Marys 6.8 (44). Bye: Watsonia. Ladder: 1 Diamond Creek 206.25 3. 2 Lower Plenty 215.42 2. 3 Macleod 179.25 2. 4 Mernda 146.42 2. 5 Whittlesea 165.45 2. 6 Bundoora Bulls 78.48 1. 7 St Marys 78.38 1. 8 Hurstbridge 74.93 1. 9 Watsonia 63.95 1. 10 Epping 77.89 4. 11 Keon Park 20.14 0
NFL DIV. TWO SCOREBOARD
SENIORS Bundoora 15.14 (104) d Lalor 10.17 (77). Heidelberg 19.15 (129) d Greensborough 8.3 (51). Montmorency 14.15 (99) d W Preston Lakeside 6.9 (45). North Heidelberg 15.11 (101) d Northcote Park 11.17 (83). Eltham 25.14 (164) d Thomastown 9.10 (64). Ladder: 1 Heidelberg 191.91 36 . 2 Bundoora OTHER NFL DIV. 2 SCORES 115.98 28. 3 Northcote Park 137.96 24. 4 North SENIORS Heidelberg 128.14 20. 5 Montmorency 116.69 Epping 17.11 (113) d Lower Plenty 13.15 (93). 20. 6 Lalor 105.56 20. 7 W Preston Lakeside Hurstbridge 14.12 (96) d Reservoir 12.15 (87). 89.38 12. 8 Greensborough 73.32 12. 9 Eltham Mernda 26.17 (173) d Heidelberg West 5.1 (31). 81.52 8. 10 Thomastown 40.45 0 Watsonia 19.13 (127) d South Morang 14.10 RESERVES (94). Fitzroy Stars 26.18 (174) d Panton Hill 10.8 Bundoora 16.12 (108) d Lalor 3.6 (24). Heidel(68). Macleod 18.14 (122) d Parksdie 8.5 (53). berg 14.7 (81) d Greensborough 8.5 (53). MontLadder: 1 Diamond Creek 193.57 36. 2 Macleod morency 12.13 (85) d W Preston Lakeside 8.9 250.57 32. 3 Mernda 133.63 28. 4 Epping (57). North Heidelberg 10.7 (67) d Northcote Park 152.12 24. 5 Fitzroy Stars 126.75 24. 6 9.13 (67). Eltham 15.17 (107) d Thomastown Whittlesea 161.71 20. 7 Watsonia 110.97 20. 12.4 (76).
Ladder: 1 Bundoora 265.11 36. 2 Montmorency 263.35 32. 3 Greensborough 110.32 24. 4 Northcote Park 115.34 22. 5 W Preston Lakeside 145.67 16. 6 Heidelberg 119.08 16. 7 North Heidelberg 76.52 14. 8 Eltham 55.46 12. 9 Lalor 59.34 8. 10 Thomastown 24.55 0. UNDER 18 Montmorency 11.12 (78) d W Preston Lakeside 12.6 (78). Greensborough 14.13 (97) d Heidelberg 6.14 (50). North Heidelberg 20.8 (128) d Northcote Park 7.10 (52). Eltham 14.13 (97) d Thomastown 10.12 (72). Bye: Bundoora. Ladder: 1 Bundoora 281.23 32. 2 Greensborough 168.03 24. 3 Eltham 146.79 20. 4 Heidelberg 110.68 16. 5 Thomastown 93.82 16. 6 W Preston Lakeside 84.77 14. 7 Montmorency 79.83 10. 8 Northcote Park 45.58 8. 9 North Heidelberg 50.83 4
NFL NETBALL SCOREBOARD Section One. Macleod 43 d Mernda A 17. North Heidelberg A 28 d Whittlesea 1 17. Fitzroy Stars 20 de Lakeside 19. Bye: Diamond Creek. Section Two. Hurstbridge 14 d Fitzroy Stars 12. Whittlesea 2 22 d North Heidelberg B 15. Lalor 21 d Mernda B 12. Bye: Epping.
GVFL SCOREBOARD Seniors. Seymour 26,.15 (171) d Shepparton 12.8 (80). Euroa 15.7 (97) d Echuca 10.4 (64). Tatura 20.18 (138) d Tatura 20.18 (138). Seymour v Shepparton. Goals: Seymour: B. Colbert 8, S. Saad 8, D. Russo 3, J. Anderson 3, J. Cole 2, A. Green , S. Schottner Shepparton: E. Clarke 3, M. Maddison 2, J. Walker 2, B. Ridings, L. Harriott, N. Allan, M. Harrap, B. Vallender Best: Seymour: B. Colbert, S. Saad, G. Garland, S. Schottner, A. Reid, D. Russo. Shepparton: D. McIntyre, B. Vallender, B. McMullan, N. Allan, J. Walker, C. Marx This Saturday's Matches: Benalla v Seymour. Shepparton United v Kyabram. Mansfield v Mooroopna. Rochester v Shepparton. Shepparton Swans v Euroa. Echuca v Tatura. Reserves: Shepparton 10.2 (62) d Seymour 9.7 (61). Echuca 19.9 (123) d Euroa 9.5 (59). Tatura 11.9 (75) d Mansfield 10.5 (65). Thirds: Shepparton 11.14 (80) d Seymour 2.5 (17). Echuca 19.14 (128) d Euroa 0.2 (2). Mansfield 8.7 (55) d Tatura 7.7 (49).
Latest From The Locker Rooms
YVMDFL matches Division 1. Round 10 Saturday, June 27 Gembrook Cockatoo v Warburton Millgrove Healesville v Wandin Monbulk v Alexandra Mount Evelyn v Silvan Woori Yallock v Upwey Tecoma Division 2. Round 11. Saturday, June 27 Belgrave v Yarra Junction Kinglake v Yea“Olinda Ferny Creek v Yarra Glen Powelltown v Seville Thornton Eildon v Emerald
NFL matches Division 1. Round 10 Saturday, June 27 Bundoora v North Heidelberg Eltham v Heidelberg Greensborough v Thomastown Montmorency v Lalor Northcote Park v W Preston Lakeside Division 2. Round 10. Saturday, June 27 Heidelberg West v Epping South Morang v Mernda Macleod v Diamond Creek Panton Hill v Whittlesea Reservoir v Lower Plenty Fitzroy Stars v Hurstbridge Watsonia v Parkside
AFL matches ROUND 13 FRIDAY, JUNE 26 Essendon v Carlton MCG (N) SATURDAY, JUNE 27 Collingwood v Fremantle MCG Adelaide v Sydney AS Brisbane Lions v Melbourne G West Coast v Hawthorn S (N) SUNDAY, JUNE 28 Geelong v Port Adelaide SS North Melbourne v Western Bulldogs MCG St Kilda v Richmond TD (T)
Grandstander ■ The Round 10 Division 2 match between Macleod and Diamond Creek has had to change venue. The Northern Football League Round 10 Division 2 match will now be played this Saturday (June 27) at the Shelley Street Reserve, the home of the North Heidelberg Football Club. This promises to be one of the biggest matches of the NFL Division 2 season. The game had previously been scheduled to be played at De Winton Park, Macleod.
Stop Press
Happy snaps found Police are requesting public assistance after a camera was handed into Mill Park police station. The camera was found in Camberwell and contains a number of images which will hopefully enable it to be returned to its rightful owner. contact Mill Park police station on 9407 3333
Page 22 - The Phoenix - Monday, June 22, 2009
www.ThePhoenix.com.au
www.ThePhoenix.com.au
The Phoenix - Monday, June 22, 2009 - Page 23
Page 24 - The Phoenix - Monday, June 22, 2009
www.ThePhoenix.com.au