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Welcome To Fox and ChickensFactory Site Timeline of Key Events

Chronology of Key Events
This timeline includes a range of information from various sources. The initial timeline (from 1989 to 1996) has been sourced from the NSW Auditor General's report (Performance Audit Report, Sydney Showground, Lease to Fox Studios Australia, 1996-97). Other information has been collected and collated by Josephine Wadlow-Evans, Kevin and Yvonne Winter, Professor Chris Winder, Dr. Mark Donohoe, Dr. Arthur Chesterfield-Evans, Hong Hua.

1. Laying the Ground
(From Auditor General Report - Tony Harris)

  2 November 1989

The Government announces that it and the RAS signed a letter of intent for the relocation of the RAS from Moore Park to Homebush Bay.

     
  8 December 1992 The Act was assented to, its salient points being the repeal of the RAS Act 1911 and vesting the Sydney Showground in CPMPT on 8 June 1993.
     
  15 June 1993 The Centennial Park and Moore Park Trust (Royal Easter Show) Amendment Act 1993 (The Amendment Act) was assented to. The Amendment Act's salient point was to defer the vesting of the Sydney Showground in CPMPT until the Minister for Environment after consultation with the RAS certified in writing that the RAS had vacated or substantially vacated the Sydney Showground. The Amendment Act's operative date was 7 June 1993.
     
  18 October 1994 The Prime Minister's Creative Nation Statement announced News Corporation's wish, through 20th Century Fox to develop a major film studio complex at the Sydney Showground.
See more >>
     
  8 November 1994 The Minister for the Arts announced that 20th Century Fox would have to compete with other tenderers for the proposed studios at the Sydney Showground.
     
  8 December 1994 The dates for the closure of the Expression of Interest (EOI) submissions and the content of the call for expressions was signed off.
     
  9 December 1994 The Minister for the Arts made a press release announcing that the Government would call for EOI in the development and operation of a film studio complex at Sydney Showground site. The press release states "...the Government, has in place clear guidelines for proposals of this nature and these guidelines will be followed".
     
  10 December 1994 The first advertisement of the EOI appears.
     
  3 February 1995

4.00 pm: The close off date and time for EOI submissions to be lodged in the tender box at Property Services Group.

     
  10 February 1995 The Evaluation Committee (EC) met and agreed that only 4 respondents satisfied the key EOI requirement/preference (the rest of the responses received were culled) and that there would be clarification talks with the shortlisted respondents.
     
  16 February 1995 The probity auditor is engaged.
     
  28 February 1995 EC report compiled/submitted advising that the Government could go to tender or enter direct negotiations with one or more respondents.
     
  28 February 1995 Submission by the Ministry for the Arts to the Minister for the Arts advising "The Ministry and Film and Television Office are of the view that the level of benefits....from Fox's proposal justify a decision to....go into direct negotiations with Fox". (There is no evidence that this advice was accepted by the then Government).
     
  3 March 1995 The Minister for the Arts announces three companies/major bids remain from the EOI for further detailed negotiation. The Minister also said "A probity auditor has acted throughout the evaluation phase and has advised that as an alternative to going to tender, the process of evaluation may be suspended at this stage and one­on­one discussions undertaken".
     
    The [NSW] Legislative Assembly is prorogued and in accordance with "caretaker" Government conventions no decision is made on the lease of the Showground following the EOI nor were any negotiations held with remaining EOI respondents.
     
  20 March 1995 The front page of the Sydney Morning Herald gives selective quotes from the Department of State and Regional Development report/briefing note to the Premier and advises that News Corporation is threatening to take its planned studio complex from Sydney to Melbourne.
     
  20 to 23 March 1995 Comments are publicly made by the then Opposition spokesman on finance (now the Treasurer and Minister for State and Regional Development) to the effect that the Opposition would deal directly and exclusively with News Corporation.
     
  25 March 1995 The State Election was held and resulted in a change of Government in NSW.
     
  12 April 1995 News Corporation wrote to the Premier outlining considerations and requirements in respect of a Fox Filmed Entertainment Australian production facility at the Sydney Showground site.
     
  20 April 1995 The Government announces that it will enter into negotiations with Fox Filmed Entertainment to develop the Sydney Showground as a film studio complex and that the Inter­departmental Committee (IDC) has decided to suspend the assessment of the other EOIs while clarification is sought of the Fox proposals.
     
  3 July 1995 DSRD and Fox execute a broad Heads of Agreement as a result of detailed consideration of the News Corporation proposal of 12 April 1995 and subsequent negotiations.
     
  14 November 1995 The probity auditor submits a retrospective report to DSRD, structured on the lines of certain questions which had arisen publicly.
     
    The Minister for Urban Affairs and Planning in accordance with the Environmental Planning Assessment Act 1979 (EPA Act) recommended to the Governor the making of State Environmental Planning Policy Number 47 (SEPP47). The zoning of the Sydney Showground site from Open Space (Restricted Access) to its current use was the result of SEPP47.
     
  23 November 1995 A side letter to the FIASA is executed by the Treasurer (on behalf of the Ministerial Corporation for Industry) and Fox. The side letter relates to the contemplated lease between the RAS and Fox.
     
  28 November 1995 The Treasurer as Minister for State and Regional Development and as Minister administering the State Development Industry Assistance Act 1966 signs the FIASA.
     
  29 December 1995 ICAC wrote to the Member for Bligh advising that there were no indications of corrupt conduct and therefore complaint(s) received were not sustained.
     
  19 June 1996 The NSW Lower House debates motion to have the Auditor-General review the the proposal to lease and develop the Sydney Showground.
Read the debate in Hansard
     
  19 June 1996 The Legislative Council requests the Auditor­General to review the proposal to lease and develop the Sydney Showground.
     
  27 September 1996

The RAS executes a lease (40 years with an option to renew for a further 10 years) with Fox for 24.3 hectares of the Sydney Showground site. Simultaneously the Olympic Co-ordination Authority and the RAS execute an agreement which sets out the arrangements for the relocation of the RAS to Homebush Bay.

See the lease >>

 

Auditor General's finding:

 

From Executive Summary: "The audit finds that the process commenced under the former government were intended to ensure that no one party was placed above another: In the event, the actual processes employed up to the general election in March 1995 were so flawed as not to be relied upon to select a preferred proponent or to justify dispensing with a tender process."

See the full report >>

 

2. Demolition and Construction of Factory Sites (1997 - 200x)

 

  25th September 1997 Letter addressed to Kim Williams Chief Exec of Fox Studios Australia, from South Sydney City Council requesting “rates” – in accordance with Deed of Release dated 4 June, 1997; Equivalent Rates for the period 30 Sept, 1997 to 30 June, 1998 have been calculated… Fox declined to pay and involved solicitors and QC Allen, Allen and Helmsley – signed off by Noel Hemmings QC (letters and Deed of Release attached).
     
  December 1997 Auditor-General's review released.
See more details >>
     
  13th December 1997 Article in SMH by Paola Totaro – Show and Tell
See proquest reproduction of this article >>
     
  30th May 1998

NSW Legislative Assembly – Sydney Showground Lease Documentation
From Hansard

"The Auditor-General reported that a Senior Treasury Officer who was involved in the Sydney Showground Lease Project shredded working files before they could be made available to the Auditor-General"
Pg 4229 – Ms Moore (Bligh)

     
  June 2002

BBC Consulting Planners Statement of Environmental Effects accompanying DA 22 189-6-02 state that:

“The proposed Craft Shop will create no significant adverse environmental impacts”. (p 24, section 8)

Undated letter from Mick O’Flynn, Manager Sydney Local government to Robert Black in relation to noise, page 2 raises concerns about Hyder Consulting acoustic Statement of Environmental Effects.

     
  17th June 2002
Notice of Development Application by Fox Studios for demolition of Paddington Pavilion and construction of CRAFTSHOP dropped into local resident’s letters boxes and posted on nearby telegraph pole in area.
     
  11th July 2002
Letter from Susanna Savolainen A/Manager Sydney Local Government to Robert Black PNSW… “The development etc… The EPA will only provide specific comments… this only applies to noise and water.
     
  27th July 2002
Sydney Water excavating hole in Poate road opposite FSA site – man digging on contract to site operators preparing to cut water off for ‘Workshop site excavations’. I contact Sydney Water who denies they know anything about the ‘digging’ nothing on their ‘computer files’, and no contractor working for them.
     
  31st July 2002


Letter from Josephine Wadlow-Evans to Planning NSW – objecting to Development and asking for list of chemicals etc. to carry out an Environmental Impact Study on behalf of Community. (Letter attached)

No post-determination notices received by residents, ref. EPA&Act 1979 (revised) Section 81, Post-Determination notification to third-parties.
Josephine Wadlow-Evans contacted SCG Staff questioning “Craft Shop” told that in fact they were ‘highly toxic’ factories and that staff at the above had been complaining to Management about the ‘fumes’ from buildings adjacent to them, that Staff were also feeling ‘sick’. Told by Management that they were employed by the Government, either ‘shut up or ship out’.

Claims that FSA had been demolishing (Heritage?) buildings without permission, that old photographs of the area showed the changed topography.

Josephine Wadlow-Evans was told that the new Workshop would be bad and that it would impact heavily on the surrounding neighbourhood. As the chemicals used were ‘toxic and hazardous’. Staff working at the SCG and Aussie Stadium were having problems with not only the ‘chemical fumes’ but also ‘high levels of wood dust’ were a constant source of complaint. The Woodwork shop is adjacent to the wall separating the complexes, and the wood used was MDF, a highly dangerous and noxious material, as disclosed by the English arm of the Media Unions, BECTU. (There are day-care centres operating in the sporting complex, tough luck for the children and babies in there). (Surely the Trustees have a duty of care or responsibility to those accessing this site)? (It is understood that each corporation/government department, trust has to operate within a Code of Conduct and Duty of Care, the trust and management of both Aussie Stadium and SCG have totally disregarded the ‘deadly’ impact to both staff and those attending matches at the site. JMWE forwarded documents, by hand, to senior management, so they cannot deny the dangers. We gave them copies of Professor Chris Winders and Doctor Mark Donohoe’s review they delivered at the Public Meeting at the Paddington Town Hall on 17th August, 2006. No response other than there isn’t a problem)!

     
  14th August 2002

Article appears in WENTWORTH COURIER by Pam Walker – Fox lodges plans for craft shop – (article attached) Michael Harvey CEO of Fox interviewed. Michael Harvey refers to the 3,500 sq metre Factory as being likened to a ‘school workshop’.

Internal Memo from Gillian Reffell to Lesley Corkhill, Mick O’Flynn of EPA cc. Vickie Comins – refers to PNSW application for a Factory as Building 36 – and that they (EPA) were concerned with the Plan and use of ‘Roller Doors’ “that everyone (quite reasonably) felt would be left open and compound impacts for neighbours. I don’t recall what happened. Thought this background may be useful incase the current proposal has similar characteristics”.

     
  15th August 2002 Open Letter to Planning Department – highlights the above article and asks again for lists of chemicals and materials (letter on file)
     
  16th August 2002
Contacted Dr. Vickie Shepherd Environmental Health Dept – Outlined our concerns with reference to the “Factory” and its health impact-she asked who was dealing with “IT” I said PNSW, she said “NO” who was dealing with “IT” I again replied PNSW. She asked who was the actual person dealing with the Development at PNSW, I said Robert Black. She said that in that case there was nothing that could be done other than to try ensuring that ‘the impacts into the surrounding community from the factory operations could be lessened, if at all possible”. She also confirmed that there was very little she could do to help.
     
  17th August 2002
Telephone call from Robert Black, Director of Urban Assessment, PNSW, to JMWE, he concedes that ‘contractors’ for Sydney Water were on site prior to Consent being given. Mr. Black contacted Sydney Water to alert them to the fact that their ‘contractors’ were working, even though they Sydney Water were not aware of it. Sydney Water claims no docs to support work being undertaken.
     
  24th August 2002
The Director, Urban Assessments approved the demolition of Paddington Pavilion and three sheds and erection of “new-craft shop”recommends that Minister for Planning does same -
     
  27th August 2002

Complaints received by Fox Studios that trucks were removing materials from building.

Contacted D. Keary of PNSW referring to operations and asked for a list of ‘materials to be used on site’ i.e., in manufacturing operations. (Internal memo attached) Rod Allen of Fox Studios Australia refused to disclose a list of chemicals/materials being used on the site, stating that as they change every day it would be too difficult to give an accurate list.
Dan Keary of PNSW states that they, PNSW are happy with this arrangement, Josephine Wadlow-Evans states how can they be when they have not been given a list of the materials. D. Keary reiterates their (PNSW) satisfaction, Josephine Wadlow-Evans says, “How can you be satisfied with this, when you don’t know what you are satisfied with”.

     
  29th August 2002 Final approval signed by the Minister for Planning NSW, The Hon Andrew Refshauge.
     
  13th October 2002 NSW EPA states that SSCC (South Sydney City Council) is “relevant authority to deal with potential air pollution problems”.
     
  14th October 2002 Pollution Line report (ref. 57205) on 14/10/2002 – letter attached. Signed off by David Featherston A/Manager Sydney Local Government. Refers to Government Depts. who have obligations, i.e. Council for air emissions).
     
  13th November 2002

Internal Fax to Karl Lorenz SSC from Edward Osiowy – Dept of Urban Affairs and Planning – relates to an OPTUS DA 289-08-00 Fox Studios – Installation of a Telecommunications Facility –

Quote from letter to Mr. John Bourke General Manager, South Sydney City Council – “Although the proposed facility would normally qualify as a low impact ( visually ) and therefore not require development consent, it is located in an “are of environmental significance” as defined in clause 2.5(6) of the Commonwealth Telecommunications (Low-Impact Facilities) Determination 1997 (amended 1999). As the Showground is listed on the Register of National Estate, it requires development approval under the NSW Environmental Planning Assessment Act (as amended).
State Environmental Planning Policy No. 47 (SEPP 47) – Moore Park Showground applies to this proposal and pursuant to clause 8 of the Policy the Minister for Urban Affairs and Planning is the consent authority. Due to the Minor nature of the proposed development, the Department will be recommending that the Minister use his powers under clause 14(4) of SEPP 47 to waive advertising and exhibition requirements in clause 14(1) of the SEPP. The proposed development is not a “designated development” within the meaning of the Environmental Planning and Assessment Act 1979. Signed / Petula Samios Director of Sydney Region East. 12/10/00

Government to Robert Black PNSW… “The development etc… The EPA will only provide specific comments… this only applies to noise and water.

     
  20th November 2002
Follow up letter from Josephine to PNSW no replies received with requested information (Letter attached). JMWE talks to Robert Black, asking whether he knew about MCS and the dangers to the local community from this Industrial Site. He stated that he was not a qualified Medical expert and could not comment, JMWE says that PNSW would have access to Medical expertise, Robert Black states that PNSW IS NOT RESPONSIBLE AND DOES NOT HAVE THE FINANCIAL RESOURCES to conduct such things. That if JMWE wishes to take it further then he suggests that she consults with a Solicitor, or that in her case she should avail herself with Legal Aid. (Clearly he had done his homework and found out that she was a ‘disabled pensioner’ with no resources).
     
  29th November 2002

Letter from Lee Rhiannon (Greens) to Dr. Andrew Refshauge (attached)

Faxed letter to Sue Holliday of PNSW (Attached)

     
  3rd December 2002 Fax received from Malcolm Jones’s Office Independent Member of the NSW Legislative Council – it was for ORDERS OF PAPERS relating to the Development Application and subsequent activities of Paddington Pavilion and now known as Building 36. All papers were to be tabled prior to 11th December 2002 the Christmas Break. (Doc to hand).
     
  9th December 2002
Contacted Media, Entertainment and Arts Alliance on 93330999 for a copy of their Safety and Risk Management Document. First draft edition in February, 2002 – 2nd draft edition July 2002. This means that the film, television etc., had been operating up until that time without any Safety and Risk Management instructions.
     
  10th December 2002 It is claimed that Fox Studios Australia (News Corporation) is insured under an Umbrella Company in the Bahamas. Covers all Companies under News Corporation.
     
  11th December 2002


Contact Sutherland Shire Council relates to “Serenity Cove Film Studios” in Kurnell, for their help on the zoning requirements.

Spoke to Paul Williams the Builder about my concerns with PNSW and Rod Allan of FSA refusal to disclose lists of chemicals and materials being used in the Factories. He stated that it was ‘impossible to give an accurate and up to date list as they, the chemicals and materials, changed daily, and it would be impossible to keep an up to date list to hand”. This of course made it impossible to gauge with certainty what ‘type of filters’ should be fitted in order to protect the surrounding community, from dangerous emissions. (He suggested that I make contact with Warner Bros in Queensland, as they could not be seen as being compromised, i.e., Serenity Cove was in FSA territory). (Serenity Cove zoned light-industrial – spray-painting, lacquering etc., not allowed on site, such activities require heavy industrial zoning. Ancillary operations such as hairdressers or Residential communities not allowed.

(Discussions with staff at Serenity Cove in 2005/6. Josephine Wadlow-Evans and the late Kevin Winter were told that FSA were unable to operate at the aforementioned site owing to ‘their operations being of a ‘heavy industrial nature’ Serenity Cove only zoned as Light Industrial).

     
  11th December 2002


Contact Sutherland Shire Council relates to “Serenity Cove Film Studios” in Kurnell, for their help on the zoning requirements.

Spoke to Paul Williams the Builder about my concerns with PNSW and Rod Allan of FSA refusal to disclose lists of chemicals and materials being used in the Factories. He stated that it was ‘impossible to give an accurate and up to date list as they, the chemicals and materials, changed daily, and it would be impossible to keep an up to date list to hand”. This of course made it impossible to gauge with certainty what ‘type of filters’ should be fitted in order to protect the surrounding community, from dangerous emissions. (He suggested that I make contact with Warner Bros in Queensland, as they could not be seen as being compromised, i.e., Serenity Cove was in FSA territory). (Serenity Cove zoned light-industrial – spray-painting, lacquering etc., not allowed on site, such activities require heavy industrial zoning. Ancillary operations such as hairdressers or Residential communities not allowed.

(Discussions with staff at Serenity Cove in 2005/6. Josephine Wadlow-Evans and the late Kevin Winter were told that FSA were unable to operate at the aforementioned site owing to ‘their operations being of a ‘heavy industrial nature’ Serenity Cove only zoned as Light Industrial).

     
  16th December 2002
Contacted Tanya Pliberseck, Federal Labor Member on 93576366 for help, declined stating they had other things to do that were “more pressing”.
     
  24th December 2002 - 8 pm (Christmas Eve)
‘Michael Harvey, CEO of FSA calls me, he refers to my phone conversation with News Limited two days earlier, asking whether they were aware of the ‘potential’ danger that the Factories at FSA would pose on the local community. Mr. Harvey said “any complaints would be dealt by him and him alone”. I told him that he was the problem, that he had no right to call me, as my telephone was a ‘silent number’. He laughed and said that irrespective he would be dealing with our complaints. Whereupon I told him again that a) he was the problem and b) he was a small cog in a large wheel and as in any multi-corporate company he was expendable, but that the Community was not and that he should never call me again.’
     
  20th December 2002

Apply to Mr. Whittacker of South Sydney City Council, under Section 12 of Local Government Act, 1993 for any documents relating to the Agreement between DUAP and South Sydney City Council in term of Covenants between Fox Studios Australia and South Sydney City Council.

(It is alleged that Council Staff, in the Environmental Dept., of SSCC witnessed Staff from the Office of Refshaugie removing ‘large numbers of duplicate files relating to Fox Studios Australia and News Corporation, without signatures’ this, it is alleged, in order to comply with Section 18 of NSW Government ORDER OF PAPERS. (The Council only held duplicate copies of Files already held by PNSW (DUAP).

Documents include Leases between FSA and RAS, Lease between Producers and FSA and also a comprehensive list of “Complaints” from local residents. Documented/written records of complaints stops abruptly on what has to be seen as the first day of ‘filming’. (since 2001 JMWE appears to be the only documented complainant)

     

 

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