AN inquest into the death of James Kennedy was finalised yesterday when Dubbo City Council made signed undertakings to improve safety at the South Dubbo weir.
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Mr Kennedy drowned at the weir on October 30, 2011 while fishing with friends.
His grief-stricken relatives tenaciously pursued action to prevent any other family enduring their agony.
Yesterday the family expressed satisfaction with the outcome of a closed session at Dubbo Coroner’s Court (attended by family members, Coroner Andrew Eckhold, counsel assisting the coroner Senior Sergeant Ray Cameron and barrister Christopher Simpson).
“We have been to hell and back in the nearly three years it has taken to get to this point,” a family member said.
“We are concerned that it has taken so long. Safety measures could have been put in place at the weir years ago.
“Nothing is going to bring James back but it is good that council has made signed undertakings to address safety at the weir.
“We will be watching closely to ensure that council proceeds with each of the undertakings it has made.”
During yesterday’s court session the family was given a two-page document signed by Dubbo City Council general manager Mark Riley.
Coroner Eckhold dispensed with the inquest because of the council undertakings.
The Coroner noted:
- Council has committed $4.4 million in its 2014/15 and 2015/16 budgets to construct rock ramp safety works and a fishway at the South Dubbo Weir.
- Council has formally committed itself in principle to undertaking the works by the summer of 2015/16 if contractually possible.
- Necessary designs need to be completed and regulatory approvals need to be provided by NSW Fisheries, the NSW Office of Environment and Heritage and the NSW Office of Water before work can actually begin.
- Council undertakes to finalise concept design plans for a rockfill ramp, ramp toe protection and bank protection and proceed with works to infill the existing spillway, provide a modified spillway and construct a proposed fishway positioned on the riverside face of the existing abutment/training wall of the weir.
- Council installed lines of buoys upstream and downstream of the weir in 2013.
- Council has engaged Government Property NSW to acquire the weir by compulsory acquisition. This is proceeding.
- Council has appointed Government Property NSW to project manage the project to construct a rock ramp and fishway.
- Council has commissioned a local consultant to undertake flora, fauna and heritage studies into the weir surrounds. These reports will be invaluable reference documents that will be incorporated into the Statement of Environmental Effects, by which council will seek to obtain planning/environmental approval of the construction work. Draft reports were submitted last week.
- Council called public tenders for the design of the rock ramp and fishway. Tenders closed on July 22, 2014 and are presently under review by recommendation of the August council meeting.
- Council has undertaken a public education and awareness campaign. This campaign in its current form will continue.
