Byron solar train stays on track
BYRON Bay's one and only world famous solar train will continue to roll after legal action brought by the Belongil Action Group Association aimed at stopping the train...in its tracks...was withdrawn.
The legal action against Byron Bay Railroad Company was set down for a hearing in May.
This follows an unsuccessful challenge for an injunction to stop the train in December last year, heard in the Land and Environment Court just days after the first train service.
The basis of the action, intended to stop the train service altogether, was related to the right to utilise the Belongil Creek Railway Bridge subject to the 2014 Byron Shire Local Environment Plan (LEP).
Byron Bay Railroad Company development director, Jeremy Holmes said the company had already committed to significant changes to the proposed rail service, "including a long held promise to install and operate a solar train, well before the commencement of litigation.”
"The discussions were conducted in good faith but in the end we determined that no further concessions were possible,” he said.
"It became apparent as the case went on that BAGA's legal argument was not strong and that Byron Bay Railroad Company were operating on a lawful basis.
"We are very pleased this is over and we can now focus on further improving the service”.
Mr Holmes also noted that throughout the whole process the identities of the members of the Belongil Action Group had not been provided.