RSL sub-Branch suspended and trustees removed

The State Council of The Returned and Services League of Australia (RSL) NSW Branch, has resolved to suspend the charter of the Mangrove Mountain RSL sub-Branch and to remove the trustees for the assets of the branch in order to be able to finalise the sale of those assets.

RSL NSW State President, Mr Don Rowe recently contacted sub-branch members in an attempt to explain why they felt that such a drastic step was necessary.

His letter stated that the actions taken by the State Council with regard to the suspension of the sub branch “were not taken lightly”.

He said that no consent from the State Branch was “ever sought or given” in respect to a landfill licence on the property which was owned by the sub branch and leased to Mangrove Mountain Memorial Club Limited.

It was the Mangrove Mountain Memorial Club itself that granted a license to the landfill operator to dump waste on the land in question.

Gosford Council commenced proceedings in the Land and Environment Court in September 2012 against the landfi ll operator and others, which included the then sub-branch trustees, on the basis that development consent that permitted a certain level of dumping, had been breached.

Council staff and their actions in regard to this excessive dumping have been referred to the Independent Commission against Corruption for further investigation.

Following the exhaustion of its funds which resulted in the inability to pay lawyers to attend a scheduled mediation, the sub branch requested financial assistance from RSL NSW in September last year.

This was granted, however, the state body also chose to have its own representation in attendance.

“It was through this enhanced involvement, during the mediation, that RSL NSW first became fully aware of the magnitude of the potential risk to the sub branch and the League that was presented by the proceedings and the likely contamination of the land by the dumping of waste over time,” said Mr Rowe in his letter to the sub branch members.

According to Mr Rowe, the extent of the damage to the land is unknown due to various landfill operators and the toxic nature of the material that has been dumped.

Mr Rowe has estimated the remediation of the land to be a multi-million dollar exercise.

In December 2013, RSL State Council resolved that the trustees of the land be removed and Christopher Perrin be appointed as administrator and RSL Custodian Pty Ltd become trustee of the land.

However, this does not appear to have been formally resolved at that time.

Mr Rowe said these actions were not disciplinary but administrative and designed to “eliminate the risk of financial loss to the sub branch and RSL NSW”.

“State Council took the position that the situation was so dire and the consequences could be so disastrous, that control of the sub branch by swift and direct intervention was required,” said Mr Rowe.

A decision was made that the land should be sold.

A decision which Mr Rowe said was made to protect the sub branch and the league “from this immense fi nancial and political risk”.

RSL Custodian P/L thus entered into a contract for the sale of the land with Mangrove Properties (NSW) Pty Ltd in February this year for $750,000.

The former trustees were instructed to hand over all documents relating to the land, however, resisted this direction.

The former trustees also challenged their removal as trustees in the Land and Environment Court, however, this was heard and dismissed in May.

The sale of the property is unable to be completed until the title deed to the land is handed over.

In a recent meeting of the RSL State Council, it was therefore formally resolved to proceed and suspend the charter of the Sub-branch, remove the trustees, formally appoint RSL Custodian P/L as sole trustee and to direct the former sub-branch trustees to hand over title, accounts, books and records of the subbranch, which they have now done.

RSL NSW was contacted by Coast Community News for further comment, however, no response has been received.

Letter, August 2014

Don Rowe, RSL NSW

Kaitlin Watts, 19 Aug 2014