Borehole Log known as "APL06"
The photo scan shown here is a single page from the Borehole Log known as "DT17A". It is taken from the document produced by City North Infrastructure (CNI) called the Wooloowin Worksite Modification Request for Project Change (RPC). The full Borehole Log known as "DT17A" covers 10 pages in the RPC and can be found exactly 35 pages back from the end of the RPC.

The RPC covers a submission by CNI, BrisConnections and TJH to the Coordinator to the Coordinator General to request permission to use the heart of residential Wooloowin as a 24 hour a day, 7 day a week industrial worksite for the next 3 years.

Note: this is the photo scan for "DT17A", not "APL06".

Background

On 22 June 2009, the Minister for Infrastructure and Planning, The Honourable Stirling Hinchcliffe, released a Ministerial Media Statement urging residents to have their say on the Airport Link change proposal.

Residents had access to the proposal document (the Wooloowin Worksite Modification Request for Project Change (RPC)) from 24 June 2009 and submissions close at 5 p.m. on 17 July 2009. Submissions are to be made to the Coordinator-General.

Chronology

 
6 July 2009 Brian Nally, a Wooloowin resident, rings the Airport Link Community Hotline to enquire about the Borehole Log known as "APL06" and is told to visit the Lutwyche Airport Link office. Brian then contacts the Department of Infrastructure and Planning (DIP) who in turn contact BrisConnections and TJH. Brian Nally is then offered a meeting.
17 July 2009 Brian Nally sends his submission to the Coordinator-General. Issue 1 reads:

Section: 3.1.2 Geological Conditions.

Issue: There is a discrepancy between the two graphs on page 38 of the Request for Change document. These two graphs show the geological conditions and core- samples taken at Tender Stage (lower graph) and as found after work commenced (upper graph). Core sample number APL06 is represented on both graphs, yet the geological conditions represented in the respective graphs are different to each other. This is not possible and requires explanation by the CNI, TJH or BC.

Requests have been made to CNI, TJH and BC for information relating to the core sample locations and their logs to be provided for our consideration, but as yet no data has been provided.

The core sample locations and their results are being requested under the provisions of the Right To Information legislation. Until such time as the information has been provided, an accurate and intelligent response which addresses this section is unable to be made.

Solution: We respectfully request that a delay be imposed on the assessment of the proposal until such time as this information is supplied to us and we may make an informed response. If the core sample logs reveal that the geological conditions were known to be as they are now, this will fundamentally change the position of the proposer as they will be bound to explain the discrepancy.

17 July 2009 Brian Nally meets with BrisConnections, 10.30am at 1 Gympie Rd in the middle of a construction zone. Brian Nally asks for the Borehole Log known as "APL06" but is not given access to it.
At this stage a possible discrepancy had been uncovered in the RPC by Wooloowin resident, Brian Nally. BrisConnections now know a member of the community has an interest in the Borehole Log known as "APL06". Brian raises this discrepancy with other Wooloowin residents. It is determined CNI might have it.
23 July 2009 Greg Davis , a Wooloowin resident, sends an email to Lauren Diamond requesting Borehole Logs "APL40", "APL06" and "303".
23 July 2009 Greg Davis calls CNI to enquire about the Borehole Log known as "APL06". Greg speaks to Lauren Diamond, at CNI.
23 July 2009 Greg Davis sends another email to Lauren Diamond directly requesting Borehole Logs "APL40", "APL06" and "303", after being referred back to CNI from TJH.
The Wooloowin residents do some investigation into Right To Information (RTI) and, being reasonably sure CNI have the Borehole Logs of interest, decide to pursue an RTI request on CNI. At this stage Wooloowin residents know little about RTI and even less about Special Purpose Vehicles such as CNI.
24 July 2009 Greg Davis calls CNI and speaks with Jane (Front desk). Greg Davis gives her his name and requests to speak to the RTI (Right To Information) Officer. Jane suggests I talk to Lauren but indicates Lauren is waiting on information from the legal people (specifically Peter Papantonia) regarding my prior request. Greg Davis informs Jane he will be requesting the information using the official "Right to Information and Information Privacy Access Application" documentation.
24 July 2009 Greg Davis sends an email to the "enquiries arm" of the Office of the Information Commissioner (OIC) in an attempt to clarify RTI applicability to CNI.
24 July 2009 Greg Davis speaks with the "enquiries arm" of the OIC.
28 July 2009 Greg Davis contacts the Australasian Tunnelling Society (ATS) indicating we are interested in obtaining an independent assessment of Borehole Logs for the Brisbane Airport Link Tunnel project. Greg Davis was informed that ATS would not be able to provide such a service.
31 July 2009 Greg Davis visits CNI head office in person at: 
    Level 30, Comalco Place
    12 Creek Street
    Brisbane Q 4000

and issues this RTI Access Application personally to CNI Inhouse Counsel, Adrian Breau, along with a $38 application fee.

31 July 2009 Brian Nally sends an email to the Airport Link Manager at DIP informing them that an RTI Access Application has been submitted to CNI and based on lengthy turn around times, Brian asks for the following: 
     . Should the information in the RTI application be made available
       to the DIP via internal channels prior to the Coordinator General's
       ruling, then it also be made available to me at that time.

     or,

     . Should the information in the RTI application *not* be made
       available for the 25 business days allowed then the Coordinator
       General's ruling be delayed to accommodate this period.
3 August 2009 Greg Davis sends an email to Adrian Breau to clarify payment of the RTI Access Application fee of $38-. This also covers Adrian Breau's response to being handed the RTI Access Application.
3 August 2009 Greg Davis sends an email to the "enquiries arm" of the OIC explaining the issuing of the RTI Access Application to CNI an seeking clarification on the status.
3 August 2009 Greg Davis submits a request for "external review" to the "external review" arm of the OIC.
5 August 2009 Greg Davis receives a letter from the OIC indicating the Office is making preliminary enquiries with City North Infrastructure.
CNI now know Wooloowin residents are after the Borehole Log known as "APL06". CNI have also responded verbally to the RTI Access Application indicating they do not fall under RTI. It turns out Adrian Breau's verbal indication that CNI are not subject to RTI is enough to initiate the "external review" process.
11 August 2009 David Lynch, CEO of CNI sends a letter (here is a photo scan) to Greg Davis indicating the Borehole Log report is not held by CNI and as a corporations law company, CNI is not subject to the right to information legislation.
It is important to note here that David Lynch explicitly refers to the Borehole Log report in his signed letter - "Unfortunately this Bore Log report is not held by CNI". This becomes important when David Lynch later tries to explain he thought the RTI referred to the "actual soil samples".
17 August 2009 Greg Davis sends an email to David Lynch with 13 questions relating to the Wooloowin Worksite Modification Request for Project Change submission.

A signed reply to these 13 questions are received from David Lynch on the 19 August 2009, 2 days later.

17 August 2009 Greg Davis sends an email to Charles MacDonald, General Manager Construction at BrisConnections, which asks: 
     "Who, of TJH, BrisConnection and CNI, has Borehole Log APL06 on file?"
     Please answer "yes" or "no" for each entity (3 in total).
17 August 2009 Charles MacDonald sends an email to Greg Davis responding to his question "Who, of TJH, BrisConnection and CNI, has Borehole Log APL06 on file?". The answer is all of the parties - including CNI.
17 August 2009 Greg Davis sends an email to David Lynch to follow up with further questions relating to the Borehole Log known as "APL06": 
    1. Has CNI ever held Bore Log APL06 or copies.  If so what dates was
       the Bore Log APL06 held?
    2. Does TJH hold the original or a copy of the Bore Log APL06?
    3. Does BrisConnections hold the original or a copy of the Bore Log APL06?
    4. Does Brisbane City Council hold the original or a copy of the Bore
       Log APL06?
    5. Does Bore Log APL06 form part of the PROJECT AGREEMENT for Airport Link?
A response to this email is provided on 28 August 2009.
Charles MacDonald indicates CNI have the Borehole Log known as "APL06". David Lynch indicates CNI do NOT have it. A contradiction. Weight of evidence to date strongly supports the statements of Charles MacDonald. It appears to the Wooloowin residents that someone may be LYING.
18 August 2009 Brian Nally sends an email to David Lynch requesting clarification of the contradiction surrounding the location of the Borehole Log known as "APL06". This email includes a full trail of the conversation between Greg Davis and Charles MacDonald where Charles MacDonald indicates CNI do have a copy of the Borehole Log.
18 August 2009 Adrian Breau, CNI, sends an email to Brian Nally in response to his query on the contradiction. The email states:
As we have stated previously CNI does not hold the bore hole logs (soil samples) as any samples obtained during the feasibility process were provided to the winning bidder in 2008.

This email also states the information can be obtain from:

http://www.airportlinkeis.com/OtherLinks/EIS/pdfs/Vol3-TechPapers/02_Groundwater.pdf
This statement from Adrian Breau is misleading and incorrect. CNI never previously stated that they did not hold the soil samples for the Boreholes. Prior to this point no one had ever mentioned soil samples in any requests or responses associated with the Borehole Logs known as "APL06" or any other Borehole log for that matter.

In fact in the signed letter from David Lynch dated 11 August 2009 he explicitly refers to CNI not holding the Bore Log report.

In addition the RTI Application clearly specifies "Borehole Log information" in the section 4a "The subject matter of the documents you are seeking".

The link to the document 02_Groundwater.pdf provided by Adrian Breau on behalf of David Lynch does not contain the required information on the Borehole Log known as "APL06".

19 August 2009 Greg Davis receives a signed letter from David Lynch answering the "13 questions" sent on 17 August 2009.
19 August 2009 A meeting is held at the Airport Link Office at the Lutwyche Shopping Centre at 4pm on Wednesday 19 August 2009. This meeting is between CNI, BrisConnections, TJH, SOS4031 and the KWRA. It lasted over 2.5 hours. Individual intendees include David Lynch, Charles MacDonald, Greg Davis and Brian Nally.

One of the agenda items, addressed about 1hr 50min into the meeting, is The Borehole Log known as "APL06". Greg Davis leads this item by standing up and placing the Wooloowin Worksite Modification Request for Project Change (RPC) on the table open at the Borehole Log known as "DT17A" which can be found exactly 35 pages back from the end of the RPC.

Throughout the resulting presentation, Greg Davis makes it quite clear to David Lynch that what he is after is the equivalent documentation for "APL06". During this agenda item, Charles MacDonald explains to the meeting what is on the table.

David Lynch and Charles MacDonald have now been physically shown the Borehole Log known as "DT17A" which forms part of the CNI produced RPC document. David Lynch has also been informed this is the borehole information requested in the RTI Access Application for the Borehole Log known as "APL06". If David Lynch is in any doubt he only has only to contact Charles MacDonald, General Manager of Construction at BrisConnections, for clarification.
28 August 2009 Alice Nixon sends an email in response to an email from Greg Davis to David Lynch dated 17 August 2009.
David Lynch, well prior to Alice Nixon's email, knows the form of the information requested for Borehole Log known as "APL06" in the RTI Access Application of 31 July 2009. David Lynch had the equivalent information for "DT17A" physically shown to him in the meeting of 19 August 2009.

David Lynch's Technical Director indicates all of the information needed for a complete hydrogeological assessment is contained in 02_Groundwater.pdf. This document clearly does not contain the information relating to the Borehole Log known as "APL06" demonstrated to David Lynch during the meeting of 19 August 2009.

16 September 2009 The information request by Wooloowin residents on the Borehole Log known as "APL06" has not yet been received from CNI.

The RTI "external review" into CNI continues...

12 October 2009 Anthony Mines from Department of Infrastructure and Planning informs KWRA of approval for the Wooloowin Worksite.
15 October 2009 COMPLETE: Letter to Graeme Peck
--- ---
3 December 2009 Greg Davis sends an email to David Lynch regarding Submission #126, Issue #1 in the Wooloowin Worksite Modification Application for Project Change - Response to Submissions (a CNI document).

This email is requesting an explanation as to why Submission #126, Issue #1 which targets the discrepancy between actual and anticipated graphs on p38 of the Wooloowin Worksite Modification Request for Project Change has not been addressed by CNI.

Closing

In terms of the simple request for information on the Borehole Log known as "APL06", initiated in early July 2009 by Brian Nally, there has been no significant progress. In fact, while CNI employees are paid, Wooloowin residents have spent countless unpaid weeks attempting to obtain information highly relevant to the Proposed Wooloowin Worksite. The Wooloowin residents reasonably require clarification of the main reason for the Proposed Wooloowin Worksite and the background reasoning. CNI are a Special Purpose Vehicle, owned by the State and controlled by the State. They are also the PROPONENT of the Airport Link project. For CNI to block this information from the very constituents who fund CNI is unacceptable. There appears to be no mechanism in place to ensure the integrity and accountability of CNI.

Without such a mechanism in place, rogue behaviours emerge. We believe this chronology clearly demonstrates this.

We respectfully request an investigation into the behaviour of CNI in this instance and look forward to a change in the Public Private Partnership arrangements which have led to an environment conducive to CNI operating without adequate integrity and accountability.