Residents told to sign away their rights

Photography: Kate Schneider

Residents living near the Lane Cove Tunnel have been offered ventilation and window seals in return for signing away their rights to future noise or property damage claims.

This development comes amid increasing anger about future noise and pollution problems the tunnel may cause.

Theiss John Holland, the company in charge of building the tunnel, is required to provide noise dampeners but it is asking residents to sign a deed of agreement that will release the company "unconditionally and forever" from future claims.

Residents and home owners are worried about property values. They must also obtain some sort of release and indemnity from future owners.

The deed releases the builder from providing further noise mitigation "as a result of the carrying out of the project works or the future operation or use made of the Project Works."

Kay Smith, a resident of Lane Cove, says that Theiss John Holland must be aware of future noise and pollution impacts the tunnel will bring to local residents.

"They are basically asking us to sign away our rights.

"Why would they do this unless they are not confident that noise and pollution levels will be contained?" Mrs. Smith said. "The only reason they would be doing this now is to save themselves in the future. This is very worrying. It’s a lose-lose situation for us."

Residents have been given three weeks to decide. Letters have been sent to over 130 residents and the move has raised widespread concerns in the community.

John Lee, the Director of Major Projects at Lane Cove Council, says it is difficult for residents to know what the future noise and pollution impacts of the tunnel will be. He says a main concern for residents is the future.

"A key question people are asking is how do you protect yourself from high levels of pollution?" he said.

Joel MacIntosh, a Lane Cove resident, says the actions of Theiss John Holland are unbelievable and have left people unsure of what the future implications of the tunnel may be.

"I cannot believe what they are trying to do. First they refuse to install in-tunnel filtration, then they hide information from the public, and now they are trying to get out of their future obligations," he said. "It’s just incredible! What next?"

This is the latest revelation about the Lane Cove Tunnel project, that has again raised concerns about how the public are being dealt with.

Mr. Lee also believes Theiss John Holland are not dealing openly with the public. "In terms of the community consultations programs they’re not up to scratch. There’s a lot of secrecy surrounding it (the Lane Cove Tunnel Project) still."

The community, through action groups such as the Lane Cove Tunnel Action Group and Residents Against Polluting Tunnels, have been calling for Theiss John Holland to increase their public accountability and transparent community consultation.

A spokesperson for Thiess John Holland said that the deed may be changed in the future to reflect the company’s "moral responsibility".

By Kate Schneider
03-05-2006