On 16 December The Reef Marina’s (TRM) presented to Council their pre-lodgement enquiry in relation to the redevelopment of the Port Douglas Waterfront North Precinct. Part of the pre-lodgement process was for Council to provide feedback prior to TRM lodging a formal Development Application.

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• <link no-one-wins-if-project-derailed.13407.0.html>First in the series - No one wins if project derailed

In their media statement issued 16 December, Council raised potential issues to be considered in a response to the pre-lodgement enquiry.

“Council will not support a Development application that does not satisfactorily address and give certainty to the commercial fishing operations currently undertaken within the precinct.  This will require agreement to be reached among all relevant stakeholders.

“The Slipway must be retained until such time as the capacity of the existing slipway is established in the Port Douglas South Waterfront Planning area, or as otherwise approved by Council;

“With regard to the Waterfront walkway, Council requires implementation of the boardwalk generally as depicted in the Port Douglas Waterfront North Planning Area Code as opposed to a floating walkway; and

“Council is opposed to any small-scale subdivisions that fragment the site into small landholdings for separate disposal.”

Mayor Leu said that while the developers are working on exciting concepts, it was vital that the marina redevelopment does not diminish the commercial fishing industry and provides adequate public access along the foreshore.

“These are elements which would need to be demonstrated before Council would consider granting a Development Application,” she said in an earlier statement.

Both Mayor Julia Leu and CEO Linda Cardew had not responded to Newsport’s questions for this part of the series, at the time of publication.

Meanwhile, last July the State Government announced that applications from TRM to convert Waterfront land to freehold and extend leases below the High Water Mark would be approved in principle.

The approvals are reliant on TRM providing evidence that a Development Approval was in place for the development of the application areas.

As part of the Development Approval process, written confirmation from Council is also required stating that such a development does not diminish the viability of marine-based industrial uses and formalised public spaces and pedestrian paths and areas are made accessible to the public within the Waterfront areas.

On 20 January, TRM lodged their waterfront redevelopment master plan seeking Council’s preliminary Development Approval.

In Council’s pre-lodgement enquiry response, one of the six key issues raised by Council was that a mutually acceptable location, by all stakeholders, be found in order to retain the commercial fishing fleet.

Council said it will not provide written confirmation to the Department of Natural Resources that the TRM development does not diminish the viability of the marine-based industrial uses if the development application does not satisfactorily address and give certainty with respect to the commercial fishing operations.

The Reef Marina stated it has discussed at length with the commercial fishermen and other stakeholders, various alternatives to accommodate the trawler customers.

One of those alternatives proposed by TRM was to develop Lot 96 which is adjacent to the southern part of the Marina providing the potential to develop a commercial fishing hub as well as the potential for the sale of fresh and cooked seafood creating a ‘Seafood and Fishing Precinct’, which received general consensus by the fishermen and key stakeholders.

The TRM propose that this would provide opportunity to preserve and grow the Port Douglas fishing industry.

Lot 96 is land controlled by Council as Trustee and is currently a Reserve for Park and Recreation.

Under this proposal TRM would construct a dedicated trawler berthing facility that will be leased to the fishermen on a long-term basis.  The fishing industry will seek to procure the adjacent land at Lot 96.

In the Port Douglas Reef Marina Status Report presented at the Ordinary Council Meeting 28 January, it was proposed that in order for Council to achieve a workable and practical alternative location in Port Douglas for the Fishing industry, it would request formal confirmation from the fishermen that Lot 96 and the adjoining part of Lot 146 is an acceptable location.

It was proposed that a detailed report be prepared proposing Council purchase the freehold title of Lot 96 including potential uses, all costs, source of funds and planning opportunities and constraints.

Council would also continue discussions with TRM to relinquish a portion of Lot 146 for the purpose of locating the fishing berths and providing water access to Lot 96.

In the event discussions with TRM fail, Council would seek recommendation for the compulsory acquisition of the necessary part of the lease land. 

Based on the Minister’s broad prima facie support for this proposal, Council will continue to support the Minister’s direction that an alternative location for the fishermen is found “and made operational”.

As part of this Special Feature, Newsport asked a series of questions of the Mayor, Council and Councillors relating to the latest outcomes proposed by Council in relation to the purchase of Lot 96 and the potential compulsory acquisition of the necessary portion of lease land, in order to clarify the issue for our readers.

Cr Noli requested that her response be published in full, as she has provided additional notes in order to explain the matter further.  This is based on feedback she has received directly from the Community, that there is still quite a lot of confusion surrounding the matter.

Cr Melchert advised that he had not participated in discussions on the marina component of the development.

“I have declared a material personal interest in the matter. I therefore have no detailed knowledge on Council discussions on this matter.

“All I can say is that almost on a daily basis residents comment to me that it is time the Council, the State, the Marina, Fishermen and other stakeholders sit down and negotiate a way forward. People are worried the project, which has a big part to play in the prosperity of the area, has been in limbo for over twelve months.

“Talk of compulsory acquisition scares people because it conjures up, rightly or wrongly, an ongoing ‘adversarial approach’ to negotiations and is seen as just causing further big delays.

“Comment on Social Media about dealings with the matter tend to be less than complimentary which is unfortunate because in most other areas we are generally getting positive feedback,” said Cr Melchert.

Like the Mayor and CEO, Counillors Carey and Clarke, had not responded at the time of publication.