STOP WORK on Congo Road expected

Members of the Congo community have received a notice from Council this week advising them that Congo Road North will be closed to the public for a period of five days from Monday 29 November to Friday 3 December 2021, weather permitting. Council advises that the reason for closure is to allow "the removal of approximately ten roadside trees to reduce the risk of serious injury to motorists along with spot gravelling and maintenance grading works." Council advises that residents should use Congo Road south during the period of the temporary road closure. To seek clarity around the tree removal members of the Congo community met with Eurobodalla Council's engineering staff to ask questions. The first point of clarity they sought was that the road over the statement by Council that: "The tree work is being undertaken by Council in accord with Section 88 of the Roads Act 1993 with the landowner's concurrence" Council states in their letter to residents that "The tree work is being undertaken by Council in accord with Section 88 of the Roads Act 1993 with the landowner's concurrence". Given that the road traverses over private property the issue around this statement was brought to the surface where the community representatives reminded Council that the section of road is NOT PUBLIC. . ROADS ACT 1993 - SECT 88

Tree felling

88 Tree felling

A roads authority may, despite any other Act or law to the contrary, remove or lop any tree or other vegetation that is on or overhanging a public road if, in its opinion, it is necessary to do so for the purpose of carrying out road work or removing a traffic hazard. The group was told that Council had received legal opinion that due to the length of time the public have used the road it could be argued that the road was public by nature. As Council staff had revealed that they had legal advice the Congo group requested a copy of the advice be provided for verification and distribution. A promise was made by Council staff that the advice would be provided prior to the expected road works on Monday. The group then asked for evidence of the risk assessment that was undertaken that supported "the removal of approximately ten roadside trees to reduce the risk of serious injury" This assessment was also promised. It is understood that the risk assessment was carried out using an AusRoad template designed to be used on standard public roads rather than on unsealed gravel roads that traverse private property with a speed limit of 40 kph. The Council staff advised the trees were identified as a risk due to their proximity to the edge of the gravel road. The staff were advised that these same trees had been in the exact same location and proximity to the road for the past thirty years without consequence and, that there were others further along the road in the National Park section that stood at the same distance from the edge of the pavement without any need for removal. When questioned about the trees to be removed the Council staff admitted that the trees were all mature and that four were hollow bearing. They also admitted that no ecological impact study had been made of the trees suggesting that, because the road was "public" they didn't need such constraints. The community representatives were very clear in advising Council that there was considerable, and justifiable mistrust of Eurobodalla Council following the way the actions of Council in their road works and tree removal on the South Congo Road. After doing a full walk through of that site and reaching an agreement of what trees could be removed the Council engineer, at his discretion, identified several more trees that "made him feel uncomfortable" and had them cut, mulched and stump ground before the community knew of the action. Since that date the Congo community have been mistrustful of the Council, especially given the very poor record of community engagement that the Council has established over the past decade. The road access from the north into the village of Congo remains in limbo as it traverses private land and that access remains only at the liberty of the owner. It is understood that there is the intention of the owner to shift his sand extraction from its present site on the property to where the current Congo Road North passes through. That being the case the Congo residents will either become locked out from the north or will be forced to follow a new route that will still see them traversing private property. Eurobodalla Council has had on its list of priorities the need to legalise the northern access by way of a swap with the owner of a section of unused Crown Road or by acquisition at market prices. This "To Do" has been in place for over thirty years. The Congo community have asked for some clarity over where they stand in regards to any prospective relocation of the sand mining pits. They also want to know if, should there be a shift, will the proposed works by Council benefit a property owner via the spending of ratepayer funds on a private property. In making presentation to Council on Wednesday the group were clear in their questions and advised that each question represented a HOLD POINT. The group advised that they expected an answer by 5pm Thursday November 25th. Having not received a response the group have determined that Council is intent on beginning tree removal on Monday 29th. To not respond at all has done little to any last remaining respect and trust that the community has for the Council over the Congo Road. It is considered that the push to go ahead with the works whilst in caretaker mode, in the week before a council election, is a further afront as the community feel disempowered to not have councillor representation.

More than 30 people gathered in the rain today to demonstrate their unhappiness at Eurobodalla Shire Council’s plans to destroy 10 old growth trees on Congo Road.

Many of these trees are over 100 years old and some have hollows.

No independent environmental assessment has been done in conjunction with the proposed works.

Local residents who only got 10 days notice about the tree removal, organised their own meeting with council engineers and asked that the destruction be postponed until their questions and concerns could be addressed.

Council has not responded to that request.

The destruction of the trees is planned for Monday 29 November. Photo Gillianne Tedder