Malabar Headland

Introduction

Malabar Headland is an important coastal headland in the south eastern suburbs of Sydney. The site is rich in environmental, cultural and heritage values and is an important asset to the local community and the wider population of Sydney and New South Wales (NSW).

The property is currently part of the Federal Government’s non-Defence domestic property portfolio, and is managed by the Department of Finance and Deregulation (Finance) in consultation with relevant state and local government agencies.

The Federal Government’s strategic vision is to progressively transfer the Malabar Headland site to the people of NSW as a national park and public open space for all of the community.

History

The suburb of Malabar was named after a ship called the MV Malabar. The ship was a Burns Philp Company passenger and cargo steamer that was shipwrecked at Long Bay on April 2, 1931. The ship itself was named after Malabar, Indonesia.

Prior to the wreck of the MV Malabar, the suburb was known as either Brand or Long Bay. There have been five shipwrecks on Malabar Headland: the St Albans in 1882, the MV Malabar in 1931, Try One in 1947, SS Goolgwai in 1955 and an unnamed barge in 1955.

The 177 hectare site at Malabar Headland has been used for several purposes since European settlement, from farming and recreational shooting to military use as a training facility, and a base and defensive position during World War II.

The central area of Malabar Headland, known as Lot 101, was previously used for sand mining and waste disposal and currently contains the ANZAC Rifle Range, previously known as the Long Bay Rifle Range. The site has been used as a rifle range dating back to when recreational shooting first commenced in the 1850s. It has more recently been used by a number of organisations for recreational purposes including shooting, horse riding, bush walking, jogging, bird watching, fishing, model plane flying and bush regeneration.

Anzac Rifle Range - Lot 101

Heritage Listing

Malabar Headland holds several heritage listings. It is listed:

on the Commonwealth Heritage List for its natural and cultural heritage values;
on the New South Wales State Heritage Register for its historic and landscape values; and
as a Heritage Conservation Area under the Randwick Local Environmental Plan.

The site has significant natural, historical, archaeological and built heritage values. For example it contains the endangered ecological community Eastern Suburbs Banksia Scrub [] (ESBS) and heritage listed World War II fortifications.

Once the site is transferred to the NSW Government, the NSW National Parks and Wildlife Service will protect these assets. The Environment Protection and Biodiversity Conservation Act 1999 will continue to apply to protect the site, including the ESBS, in conjunction with NSW legislation.

An important future objective for the site is to make the site more accessible to the public, consistent with the protection of its environmental and heritage values.


Eastern Suburbs Banksia Scrub	Eastern Suburbs Banksia Scrub	A World War II Fortification

Transfer to the NSW Government

On 1 August 2010, the Federal Government announced that approximately 70 hectares of additional national park and conservation reserve will be created at Malabar Headland.

This announcement followed a decision to transfer part of the site to the NSW Government. The Federal Government indicated that it would move to transfer the north-western edge of the headland (known as Lot 102) as soon as possible, and that the south-eastern area of the headland (known as Lot 2) would be transferred following further investigation, remediation and subject to the development of appropriate access restrictions.

Map of Malarbar Headland

The Transfer of Lot 102 from the Federal Government to the NSW Government

A Deed of Transfer [ - 7 MB] was signed on 27 February 2011, between the Commonwealth and NSW Governments for the transfer of Lot 102. Due diligence, including fencing, site clean-up and remediation has been completed and signed off by an Environment Protection Authority accredited site auditor.

On 2 March 2012, the Special Minister of State, the Hon Gary Gray AO MP, and the NSW Minister for Planning and Infrastructure and Minister Assisting the Premier on Infrastructure, the Hon Brad Hazzard MP, signed documents for the transfer of Lot 102 from the Federal Government to the NSW Government.

The transfer of Lot 102 is a significant milestone. It is the first step in a staged transfer of Malabar Headland to the NSW Government. The transfer will create 17.7 hectares of national park which will be managed and protected by the NSW National Parks and Wildlife Service.

A link to the media release announcing the transfer can be found below under Ministerial Statements.

The Special Minister of State, the Hon Gary Gray AO MP, signing the Transfer Documents.

(Left to right) Mr Andrew Smith, Department of Finance and Deregulation; Mr Michael Daley MP, Member for Maroubra; the Hon Peter Garret AM MP, Federal Member for Kingsford – Smith; Ms Julie Doyle, Department of Finance and Deregulation; the Hon Gary Gray AO MP, Special Minister of State; and the Hon Brad Hazzard MP, NSW Minister for Planning and Infrastructure and Minister Assisting the Premier on Infrastructure.

the Hon Brad Hazzard MP, NSW Minister for Planning and Infrastructure and Minister Assisting the Premier on Infrastructure; Mr Michael Daley MP, Member for Maroubra; the Hon Peter Garret AM MP, Federal Member for Kingsford – Smith; Senator Matthew Thistlewaite, Senator for NSW; and the Hon Gary Gray AO MP, Special Minister of State.

(Left to right) the Hon Brad Hazzard MP, NSW Minister for Planning and Infrastructure and Minister Assisting the Premier on Infrastructure; Mr Michael Daley MP, Member for Maroubra; the Hon Peter Garret AM MP, Federal Member for Kingsford – Smith; Senator Matthew Thistlewaite, Senator for NSW; and the Hon Gary Gray AO MP, Special Minister of State.


View from Lot 102	View from Lot 102

Lot 2

A Process Agreement [ - 1 MB] was also signed on 27 February 2011 to identify the processes to be undertaken to facilitate the transfer of Lot 2 to the NSW Government. The transfer of Lot 2 will take place once remediation is completed in accordance with the Remediation Action Plan.


Lot 2 Headland	Burnt out car on Lot 2

Site Clean-up and Remediation

A number of projects are underway, or in the planning phase, to clean up and remediate the site, including the demolition of the existing derelict buildings that do not have heritage significance; the construction of a leachate control system; ongoing weed management; and measures put in place to address the health and safety risks posed by the condition of the World War II fortifications.

Waterway Works

Construction work was completed at the end of January 2012 to control the erosion and water flow from the Randwick City Council’s stormwater pipe that crosses the Malabar Headland site boundary on the way to the ocean. The work included building a stone chute to capture the water flow from the pipe outlet and direct it towards Maroubra Beach and away from the existing wetlands. Existing weeds were removed and replaced with native vegetation to stabilise the existing soil to reduce further erosion. This is the first stage of a complex program of works that is being developed to address the contaminated leachate leaving the Malabar Headland site.

water flow

Water flow on the northern boundary adjacent to Maroubra Beach prior to commencement of drainage works on 12 January 2012 .

waterway design

Waterway Design [ - 195 KB]


Stormwater drainage works

Completed Stormwater Drainage Works on the Northern Boundary Adjacent to Maroubra Beach

Health and Safety

The safety of all the users on Malabar Headland is the Commonwealth’s priority.

In November 2010, at Finance’s request, Comcare [], the Commonwealth’s workplace safety authority, undertook an investigation to advise on the future management of safety issues at Malabar Headland.

On 15 December 2010, Comcare issued Finance with an Improvement Notice under section 47 of the Occupation Health and Safety Act 1991. The notice related to the presence of asbestos containing materials (ACMs) and stated that ‘Persons who enter and use the site...may be exposed to health risks due to inhalation of airborne asbestos particles from broken asbestos sheeting and pipes throughout the site and within buildings on the site.’

Subsequently, Finance took immediate action to advise the site’s users of the risks, and fenced off the buildings posing the greatest risk, pending their demolition. In addition, Finance reviewed and re-issued the Asbestos Management Plan for the site, to the standard required under the National Code of Practice for the Management of Asbestos in the Workplace [].

The ongoing health and safety concerns identified by Finance and Comcare include: site contamination arising from previous and current usage; safety concerns in relation to site activities; and general safety concerns, including trip and fall hazards.

As a result of these health and safety concerns, termination notices have been issued to five of the six licensed users of the site in accordance with the terms and conditions of their respective licences. Finance is continuing to liaise with the sixth licensee who has already vacated the site. No new licences will be issued.


Huts located on the Anzac Rifle Range (Lot 101)

Frequently Asked Questions

What is the proposed future use for the Malabar Headland site?

On 1 August 2010, the Federal Government announced as an election commitment that around 70 hectares of additional National Park and conservation reserve would be created at Malabar Headland following a decision to transfer the site to the New South Wales Government.

Does the Commonwealth intend to sell the land for residential development?

Sale of the land is not under consideration. Ownership and management of the site is being progressively transferred from the Commonwealth to the NSW Government for future use of the property as national park and public open space. The NSW Government will not be able to rezone the land after it is transferred.

Is the land zoned for residential development?

Lot 102 has been rezoned to National Park in the NSW planning instrument, and caveats in the transfer documents are designed to prevent a change from National Park use.

How is the Commonwealth ensuring that the environmental and heritage values of the site are protected?

Under the transfer documentation between the Commonwealth and the NSW Government, the NSW Government is obliged to reserve the site as a national park under the National Parks and Wildlife Act 1974 (NSW). If this is not done within five years of the completion of the transfer, the NSW Government must transfer the site back to the Commonwealth. The NSW Government is also obliged to use reasonable endeavours to have relevant parts of the site included in appropriate heritage registers under the Heritage Act 1977 (NSW).

In the meantime, the Commonwealth is obliged to protect the site’s environmental and heritage values. The site remediation works proposed (subject to funding) to achieve that aim include removal of contaminated soil from the stop butts on the Rifle Range, demolition of buildings containing asbestos contaminated materials, and capture and treatment of any residual leachate leaving the site. These works will facilitate safe public use of the site and realise its potential as a community asset.

What are the health and safety concerns at Malabar Headland?

Health and safety concerns include: site contamination arising from previous and current usage of the site; safety concerns in relation to shooting activities; and general safety concerns, including trip and fall hazards. These concerns have been raised by the relevant regulatory authorities as well as Finance as landlord.

Assessments of the site conducted by Parsons Brinckerhoff have been released and are available at:

http://www.finance.gov.au/foi/disclosure-log/2011/foi_11-44_parsons_brinckerhoff_reports.html.

What has the Commonwealth done to address the health and safety concerns?

The Commonwealth has been monitoring the condition of the Malabar Headland site over a number of years and has instituted a range of assessments and actions to address health and safety issues associated with the historical uses of the site.

Why has the Commonwealth issued termination notices to licensed users?

Due to mounting health and safety issues at the Anzac Rifle Range, termination notices have been issued to licensed site users, except for one licensee who has vacated the site and is engaged in ongoing consultation with Finance.

If the health & safety concerns are longstanding, why weren’t termination notices issued previously?

The decision to issue termination notices occurs in the context of concerns about a diverse range of risks, some of which are very difficult for the landlord to mitigate – particularly if licensees were expecting to continue using the site.

Ministerial Statements

Media Release: Deed signed for new national park at Malabar Headland [] (27 February 2011)
Media Release: Sydney gets a new coastal National Park [] (2 March 2012)

Documents

Deed of Transfer [ - 7 MB] (27 February 2011)
Process Agreement [ - 1 MB] (27 February 2011)
Deed of Transfer – Variation [ - 0.3 MB] (12 August 2011)
Improvement Notices and Certificates of Analysis (Comcare) []
Waterway Design [ - 195 KB]

Contact Us

If you have any questions or concerns, please email us at malabarheadland@finance.gov.au