News

Council claims Noosa Waters canals are really ‘lake area'

NOOSA Waters residents battling to have the Sunshine Coast Council repair its failing canal system have been told the waterway their expensive properties sit beside is really a "common lake area".

The council used this designation in October to deny responsibility for any rectification works.

The Noosa Waters Residents Association blamed a sinking canal bed for damage to a number of revetment walls and cited a 2010 response from former Primary Industries and Fisheries Minister Tim Mulherin to dispute the council's claim.

The minister said: "With respect to the Noosa Waters canal, I am advised that these canals were constructed and approved under the provisions of the Canal Act 1952.

"Section 11 of this act provides that the preservation, maintenance and keeping clean of any canals within its areas are a function of local government."

The council's counter claim was: "The Noosa Waters water body was transferred to the Crown as a common lake area under the Land Act.

"This act specifically prescribed that a 'common lake area' does not constitute a canal under what was then the Canals Act. As such, Noosa Waters is not a canal as prescribed by the Coastal Protection and Management Act."

Association president Gary Trevithick said this advice flew in the face of the council's intervention to fix Chancellor Park Lake and maintain other waterways "from Noosa Sound all the way down the Coast to Maroochydore and beyond".

"The whole thrust here is we are being discriminated against," Mr Trevithick said.

"At Chancellor Park Lake (the council) spent two or three million dollars fixing that up."

He said a motion had been put to fund those repairs through a benefit levy payable by the affected residents. But, Mr Trevithick said, the bulk of the council agreed to pay for it.

"For some reason that I don't know yet, they are saying the residents here can pay for the maintenance of the waterways."

The council's executive director of infrastructure services, Andrew Ryan, said the council maintained Mooloolaba and elements of Pelican Waters waterways because they were "canals, as described by the Coastal Protection and Management Act".

"But Chancellor Park was not a tidal water body that has a management plan and was designed for stormwater management. purposes," he said.

Mr  Ryan said the council was helping Noosa Waters residents work through what was "a very difficult and delicate situation" regarding their revetment walls.

"Residents are understandably concerned about this issue, which is why our engineers have provided their expertise and assistance," Mr Ryan said.

He said the council had engaged external engineering advice to help determine suitable remedial action.

"The cause and effect of the revetment wall failure is yet to be established.

"Council acknowledges that owners accept responsibility for the maintenance of revetment walls located on private property to protect private assets.

"Definitive costs will not be determined until such time as the design process is complete.

Noosa Waters Residents will have an opportunity to review and be provided these designs to undertake critical remedial works.

Topics:  noosa waters, sunshine coast regional council


Stay Connected

Update your news preferences and get the latest news delivered to your inbox.

Munna Pt big morning tea fits like a dove

CUPPA ANYONE? Karen Dineen, of Noosa River Holiday Park, and Kate Hegge get in the mood for the Biggest Morning Tea they are hosting this Friday.

Noosa River Holiday Park big morning tea

Noosa votes for case by case roadside memorial limit

Noosa has a new roadside memorial policy.

Noosa sets roadside memorial policy

Cold shoulder to bat proposal

Flying foxes are in the headlines again.

Noosa bats protest meeting

Latest deals and offers

Noosa Food and Wine festival a huge financial boost

Under clear blue skies the weekend’s Food and Wine 2016 proved a runaway success, with sell-out events and millions of dollars injected into the Noosa economy.

Munna Pt big morning tea fits like a dove

CUPPA ANYONE? Karen Dineen, of Noosa River Holiday Park, and Kate Hegge get in the mood for the Biggest Morning Tea they are hosting this Friday.

Noosa River Holiday Park big morning tea

Noosa votes for case by case roadside memorial limit

Noosa has a new roadside memorial policy.

Noosa sets roadside memorial policy

Cold shoulder to bat proposal

Flying foxes are in the headlines again.

Noosa bats protest meeting

Running is just wedded bliss for tri couple

POWERING ON: Beth Gerdes and Luke McKenzie are a real triathlon power couple, just happy to kick back at the Noosa Ultimate Sports Festival.

Tri power couple ready for Noosa's Ultimate Sports Festival

Sale nears on last large block of land in Coolum

The 43.37ha property on South Coolum Rd has sold.

South Coolum Rd property to be land banked

Caloundra’s former Centrepoint Buffet site up for sale

FOR SALE: The home of the old Centrepoint Buffet

Restaurant fined for unhygienic practices closed months ago