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.
Presentation perfect, pristine and 'as new', this stylish lowset home in the exclusive "Sanctuary Grove" estate, framed by rainforest reserve, within walking...
- Situated just metres from the Ewan Maddock Dam & horse trails - 15 minutes from Mooloolaba & Caloundra beaches - 3.1 KW Solar power - Town water Main house...
- Level 10 - 2 level unit - 2 bedrooms - Luxury two-way bathroom with spa bath - Spacious balcony with breathtaking views - Fully furnished - Ducted...
Set on a private elevated 3,887m2 allotment, this architectural residence is appointed to the highest standard with European appliances, ducted air-conditioning...
Surrounded by like quality homes is this superb home that will meet all the needs and wants of your family both now and into the future. This large, modern and...
- 4 large bedrooms, including main with en-suite and walk in robe - Great open plan living, flowing out to alfresco entertaining area - Spacious kitchen with...
11 Roberts Drive, Cooroy has so much to offer in the way of, lifestyle, leisure and location! Here is a great opportunity to renovate the existing home or start...
This property is simply the epitome of style. With more than enough space for any family it was built with ease of living in mind. An attractive facade and...
Positioned in a small peaceful friendly cul-de-sac with an ideal north-east facing yard, it would be hard to find a better street, if not a better property. Walk...
This charming home tucked away on a leafy 4.5 acres in the Peregian hinterland, offers the ultimate tree' and sea-change', with the golden sands of Peregian Beach...
Join the Community.
Get your local news, your way.
Update your news preferences and get the latest news delivered to your inbox.