The significance of the report discussed in the Advocate, in regard to the Aboriginal claims to Mount Panorama/Wahluu with reference to the go-kart track, is of late appearance.

There may be other areas of significance which need to be considered, such as the resolutions of the council in confidential mode, in the council meeting of November 19, 2014: "That Bathurst Go-Kart Club be requested to submit a Development Application for the McPhillamy Park site"; and that "Council prepare a five year lease for this site"; and that "Council negotiate a funding agreement for the construction costs of the Go-Kart Track".

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A DA was subsequently received. The council decision of November 19, 2014 was nine months before the DA for the track was approved on September 28, 2015, with, to my knowledge, no Aboriginal or other reports done for the McPhillamy Park site at that time.

In my opinion, council, by this decision on November 19, 2014, gave tacit approval for the go-kart track to be built on that site.