Petition updateStop jet skis tours operating from Coningham BeachKingborough Council Refuse to Provide Evidence for their Claims
zoe cozensAustralia
Apr 6, 2017
Kingborough Council have been asked to provide evidence of their claims that they have authorised the jet ski tour business operating from Coningham Beach in accordance with the: A) Kingborough Interim Planning Scheme 2015 (Planning Scheme); B) Temporary Crown licence that was issued to the Kingborough Council for Coningham Beach; and C) Kingborough Council’s Parks, Recreation and Natural Areas By-Law 2011 (By-Law). However, Council refuse to provide evidence to substantiate their claims. Specifically, Council refuse to: A) Provide evidence for how their assessment of the business as a home-based business under the Planning Scheme is valid when they have not assessed those aspects of the operations of this business that are occurring on Coningham Beach which is recognised as an Environmental Management Zone under the Planning Scheme. Council refuses to consider those aspects of the business that do not occur at the dwelling of the business operator. This contrasts with independent planning advice we have received which indicates that it is not acceptable for Council to not consider the operations of the business occurring on the Beach in the Environmental Management Zone. B) Provide evidence for the validity of the temporary Crown licence that Council was issued back in 1989 for recreation and amusement purposes. Under the terms of this temporary Crown licence Council was required to renew the licence annually. As Council refuses to provide evidence for the validity of their claim that their issuing a permit under the By-Law is legally valid, we have contacted the Crown Lands Department to seek clarification on the validity of the claims Council is making but are yet to receive a response to our enquiry. C) Provide evidence that it has the legal authority to issue a perpetual right to this business to operate from Coningham Beach. The Council has issued this jet ski tour business with an ONGOING permit under the By-Law to "launch jet skis" at Coningham Beach. What is incomprehensible to us are Council's reasons for doing so when: - There is no boat launching facility at Coningham Beach; and - It is not possible for Council to issue a perpetual right to use Coningham Beach. This is a basic principle of law that is also reflected in the By-Law – it states that permits issued under it must be for a period of time. Our concerns are only heightened regarding the legality of the permit Council has issued under the By-Law by Councils refusal to provide evidence for its claim to be able to authorise this commercial operation under the temporary Crown licence issued to it in 1989. There is no doubt in our minds; Kingborough Council has some explaining to do and that is why we have initiated a Right to Information Request and started a separate petition to Kingborough Council calling on them to cancel the permit issued under the By-Law and to assess those aspects of the business occurring on Coningham Beach in accordance with the Planning Scheme. Unfortunately, Council's Guidelines for petitions mean that only hard copy originals can be submitted to Council. If you are interested in signing a hard copy please let us know and we will work something out. Otherwise, please continue to share this petition and to speak with your family and friends, and tell our elected representatives: Jet skis have no business at Coningham Beach.
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