Subject: Contradictions re Bore Log APL06 Dear Mr Lynch, Thank you for your letter dated 11 August 2009 addressed to my colleague Mr Greg Davis of the Kalinga Wooloowin Residents Association (KWRA). On the strength of your word, we have asked BrisConnections to clarify who holds the log for APL06 and unfortunately, they have confirmed that CNI will hold a copy of this bore log. I have included below, correspondence from Mr Charles MacDonald which states this. I will hold you accountable as CEO for any mistruths stated by CNI. I urge you to review with your staff whether you hold the information with respect to APL06. If you should find that you do indeed possess this information and in light of whom are the ultimate shareholders of your firm, I respectfully request that you disclose this to me immediately upon finding it. Please bear in mind that your firm published the Request for Change document in which bore log APL06 is referred to. It follows that you should have a copy of it. As for your claim that CNI is not subject to the RTI legislation, I advise you that both the Department of Infrastructure and Planning and the Office of the Information Commissioner consider this position to be untested. The RTI application lodged by us in regard to APL06 will duly test your claim and I am sure you are keenly awaiting the decision of the Information Commissioner. In support of our RTI application, we will refer your letter and Mr MacDonald's contradictory email to the Information Commissioner for her consideration. I look forward to hearing from you by noon today, 18 August 2009, should you happen to locate the APL06 bore log. Our position remains clear. The effort being made by all parties to dodge a simple request, is extreme. Our logical conclusion is that there is something to hide. Yours sincerely Brian Nally President KWRA "We're stronger if we stick together" Mobile: 0419 704 164 --------------------------------- Greg, Thank you for your message. Regarding the factual issues you have raised, I offer the following comments: Borehole information: APL06 is borehole that was undertaken by the State prior to publication of EIS document in October 2006. The log for this borehole formed part of the information (confidential) provided to those parties tendering for the project when the tender documents were released in June 2007. As such all the parties you describe will have copies of the borehole log. As previously discussed with Brian Nally, we are willing to meet with you and any technical representative and show you the information we have in relation to AL06 or indeed other boreholes but we are not able to provide you with copies of this information. CLG: The precinct CLGs are a condition set by the Coordinator General for the project. We anticipate that the Toombul CLG would be expanded to include Wooloowin unless we were directed otherwise by the Coordinator General. The establishment and facilitation of a CLG is conducted independently of TJH and BrisConnections. The process for establishing a CLG is outlined below: 1. Advertise / letter box drop for Expressions of Interest 2. Distribution of Terms of Reference to interested people 3. Collation and assessment of EOIs by an independent social planner or the like 4. Membership offers would be extended to individuals to accept / decline 5. Agree monthly meeting day and time 6. Hold monthly meetings as per distributed agenda – independent facilitator 7. Distribute minutes as per conditions (send to members and post to web within 1 week) Members and representatives of the KWRG would obviously be welcome to participate in the EOI process. Clearly, it is your choice as the whether you wish to seek to participate in the CLG. Urban Legend: For the record, I have never expressed the view that you report. I trust that this addresses the points that you have raised. However, should you require any further clarification of matters or wish to meet to discuss the geotechnical boreholes in more detail, please let me know. Regards, Charles MacDonald General Manager Construction --------------------------------- Charles, Hi. Pleased to meet you. Since learning of the Proposed Wooloowin Worksite, the Kalinga Wooloowin Residents Association Inc (KWRA) have worked hard in the incredibly short time frame to inform themselves of the situation at a number of levels. As an Engineer myself, albeit in a different field, I strive to understand the facts in any situation. The acquisition of relevant and timely information from TJH, BrisConnections or CNI in regard to the Proposed Wooloowin Worksite has been little short of totally inadequate - I am quietly hopeful dialogue with you might be different. With regard to specific geotechnical information, before we go any further could you please answer the following question, "Who, of TJH, BrisConnection and CNI, has Borehole Log APL06 on file?" Please answer "yes" or "no" for each entity (3 in total). With regard to Community Liaison Groups, the following is an excerpt of correspondence from the KWRA with Anthony Mines following our meeting with the Department of Infrastructure and Planning, "A Wooloowin Community Liason Group (FORMED ONLY IF THE SITE GOES AHEAD) would be a separate entity to the KWRA. It would most probably consult with the KWRA. The Community Liason Groups appear to be formalised upon acceptance of works in the specified area. The KWRA do not recognise this form of acceptance." In other words we are not really interested in CLG information. Forming a CLG, or an intent to, indicates acquiescence, something we are long way away from. We have discussed CLG operation with other resident groups in the area. They view CLGs as a unidirectional vehicle. Urban legend has it your initial reaction to the suggestion of the Proposed Wooloowin Worksite was "There's no way the residents will let the Rose St site go ahead". From this I conclude you may be a reasonable man and that your gut reaction was right. I leave the simple borehole log question in your capable hands. Best Regards, Greg.