Horse training at Levy’s Point beach found to be illegal

A spokesman said Monday night’s vote would not be negated.

“Any actions arising from the decision – as outlined in the recommendation - hinged on all laws, orders and other legal requirements being met,” he said.

“It is too soon to say whether this will return to council for a further decision.”

The spokesman said legal advice provided to council before Monday’s meeting was inconclusive.

“Councillors had been advised before the meeting that it was possible horse training might be permitted – or could be prohibited,” he said.

“Because of that uncertainty the resolution debated on Monday contained the phrase subject to any agreement ‘according with all laws, orders and other legal requirements’.”

He said the trainers had yet to advise the council of their contingency plans after Nvoember 30 when they are no longer allowed to train at Lady Bay.

UPDATE 5.10pm: Warrnambool City Council has released a statement saying previously horse training had been permitted at Levy’s Point with licences issued in 2016 under a Ministerial Order from the Environment Minister Lily D’Ambrosio.

The council has confirmed that is no longer the case.

Chief Executive Officer Bruce Anson said it was a “a very complex planning and land management issue”.

“The purpose of the meeting on Monday night was for council as the committee of management seeking to introduce certainty to access and use of Levy’s Point beach, subject to this decision meeting all relevant governance arrangements,” he said.

The statement says the council is now in the process of providing an update to groups and stakeholders including the Warrnambool Racing Club, the Victorian National Parks Association and relevant Victorian Government departments.

The statement did not answer questions asked by The Standard about why the vote happened this week while it was under a legal cloud and what would happen to trainers from November 30 who were not allowed to train on Lady Bay from that date. 

UPDATE 4.50pm: Belfast Coastal Reserve Action Group has lashed out at city council chief Bruce Anson over his handling of the issue. 

BCRAG says “the pro-racing members of Warrnambool City Council and chief executive officer Bruce Anson appear to have had their heads in the sand, thinking they could crash through legal and planning safeguards that protect public parkland”. 

BCRAG spokesman Bill Yates said the regulations were clear.

“It’s all there in black and white,” he said. 

“The rules set out by the planning scheme are right, and the racing industry’s plan is wrong – race horse training is not an appropriate use of a public beach. Beaches should be enjoyed by anglers, surfers, dog walkers and families without the fear of being run down by a horse.”

BCRAG said Mr Anson failed to disclose to councillors that correspondence from community group lawyers had been received by the council back in September, indicating the illegality of the horse training proposal, due to planning regulations.

“Now that it is a planning issue, our concern is that the Planning Minister Mr Wynne will feel the pressure from the Minister for Racing, just as the Environment Minister was pressured into signing off on environmental destruction, in order to keep the racing industry happy,” Mr Yates said.

“Our planning laws should not also be victims of the racing industry’s greedy whims.”

The Standard is still awaiting a response from Racing Minister Martin Pakula, Planning Minister Richard Wynne, Environment Minister Lily D’Ambrosio, Warrnambool City Council and Warrnambool Racing Club.

UPDATE 2.20pm: Cr Mike Neoh, who pushed for the vote to be deferred during debate at Monday night’s council meeting, says the outcome is “null and void” now. 

At Monday’s meeting Crs Kylie Gaston, Tony Herbert, Robert Anderson and Sue Cassidy voted to allow horses on beaches, while Crs Neoh, Peter Hulin and David Owen voted against it.

“Governance 101 should have seen a deferment of the item on Monday night, until we got firm legal advice, given the claims of the legality of the matter that were raised with us at the 11th hour,” Cr Neoh said.

He also said today the issue was not about being "anti any-industry".

“The bottom line is, the vote on Monday night is null and void, based on the fact that you can’t approve of an illegal activity,” he said.

“Even if some councillors support the concept, it is not currently legal under our planning scheme.”

Cr Neoh compared it to someone illegally speeding through a 40km/h school crossing zone.

“We don't simply put up the speed limits to 100km/h to make it legal,” he said.

“We have engaged widely on our planning scheme with the community and must fulfill our governance duties.

“The approach to any change needs to be considered, consultative, and justified - not rushed, ad hoc or without governance measures in place.”

He said Mr Anson’s comment on Tuesday that the "council will have to look to put an amendment to the planning scheme" was presumptuous at best and inappropriate at worst.

“The collective councillor group will determine the way forward,” he said. 

UPDATE 2.10pm: Environmentalists and musicians John Schumann and Shane Howard, former frontmen of Redgum and Goanna, have also spoke out about the news today.

“First the Opera House was used as a billboard and now our Australian beaches are offered up as a free sand training facility,” Schumann said.

Mr Howard said despite the Racing Minister’s “crass attempt to coerce Warrnambool councillors into supporting racehorse training on the beaches, and Warrnambool’s chief executive officer’s incomplete briefing of his elected members, the whole, grubby house of cards has come tumbling down”.

They said the Labor Government was already on an electoral knife-edge and the Greens have affirmed their principled support of the environment over industrial-level racehorse training on beaches. 

“Premier Andrews can hardly be thrilled at this outcome. The Racing Minister’s conniving with the Environment Minister, the Warrnambool Racing Club and Council with regard to racehorse training on wild beaches and fragile coastal dunes has put his government at serious risk,” Schumann said.

Mr Howard said Premier Daniel Andrews “would be well advised to stop wasting taxpayers’ money on this fruitless exercise and work with the racing industry to build a sand-training facility for racehorses away from the public’s beaches and coastal reserves”.

UPDATE 2pm: Cr Peter Hulin said councillors had not been given enough information about the legal concerns with horses on Levy's Point beach. 

"I think it is extremely disappointing that the information we were given is once again found to be incorrect," he said.

"There was a lack of checking the facts that were given to councillors.

"I felt the briefing we had before the meeting was inadequate. I think most councillors felt the same way. It was quite evident with the way the meeting proceeded.

"I don’t think we have ever had enough information to make a fully informed decision.

"I'm extremely disappointed with the handling of it by Mr Anson.”

UPDATE 11.30am: The Victorian Greens are calling on Mr Wynne to guarantee no decision on allowing horses to train on Levy's Point beach will be rushed through before the November election.

If Labor attempt to rush through a decision in light of a Warrnambool City Council decision favouring horse training on the beach, the Greens will ensure Mr Wynne's electorate of Richmond are well informed. 

The Greens have been steadfast in the opposition to this plan, arguing that public safety and conservation should take precedence over the demands of the horse racing industry. 

Victorian Greens spokeswoman for the environment Ellen Sandell said the party would put pressure on Mr Wynne not to rush through a decision. 

"The Greens have very strong support in Minister Wynne's seat of Richmond, and if he prioritises the horse racing industry over what is best for the environment and community, constituents will have the opportunity to voice their concern with their vote in November,” she said.

"This is a pristine piece of coastline that needs protecting. It is not something Labor can hand to its mates in the racing industry to do with as they please. 

"We know the gambling industry holds sway over Labor. Now is the time for Richard Wynne to show that he won't bow to their demands and instead put the community first."

Comment has been sought from Racing Minister Martin Pakula, Planning Minister Richard Wynne, Environment Minister Lily D’Ambrosio, Warrnambool City Council and Warrnambool Racing Club. 

EARLIER: The training of horses at Levy’s Point beach in Warrnambool is illegal.

Levy’s is a Public Conservation and Resource Zone.  An email from city growth director Andrew Paton to all Warrnambool City councillors, seen by The Standard, says new legal advice has ruled training at Levys is illegal.

“The Warrnambool Planning Scheme continues to apply to the reserve notwithstanding the Ministerial consents/permissions granted; and horse training or animal training is a prohibited use on the land to which the PCRZ land applies,” the email says.

“For completeness of advice, clarification is being sought from DELWP on the correct boundary alignment to which the PCRZ applies and what options are available to key stakeholders in terms of next steps.”

On Monday evening councillors voted 4-3 to allow training to return to the beach while that resolution hung under a legal cloud.

It is now evident training on Levy’s is illegal, and councillor David Owen, who has vehemently objected to commercial training on beaches, has called on the Planning Minister not to overrule the legislation.

“I see it as a reprieve,” he said.

“It gives us another chance to revisit it.

“I’ve known all along that we were in breach from info received from the diligence of my friends from the Belfast Coastal Reserve Action Group.”

Cr Owen said BCRAG members had been thoroughly diligent with their efforts to stop training on beaches.

“The Greens are behind us on this,” he said.

“We should be able to put some pressure on Planning Minister Richard Wynne not to override the planning scheme.

“The council voted on having horses on the beach but in actual fact they were misinformed and forced to bring it to council when no-one was really prepared.”

Chief executive officer Bruce Anson said on Tuesday there was queries about the legality of allowing horses on the beach under the Warrnambool Planning Scheme’s regulations. 

Mr Anson said on Tuesday if the legal advice found horses on the beach to be illegal, the council would look at other options.

“Council will have to look to put an amendment to the planning scheme,” he said.

Comment has been sought from Racing Minister Martin Pakula and the Warrnambool City Council. 

MORE TO COME

RELATED: Council waiting on legal advice to see if horses allowed to train at Levy's Point beach