2021-01-18 GC - Item 2 - Attachment 3 - Consultation Report River Plan Version 2 (2019-20)

                           -    MSQ/ TMR must lead on policy and guidelines for commercial activity on the river, in partnership with AMSA as the latter holds the regulatory responsibility
                                for domestic commercial vessels.
                      (For further information relating to the above refer page xx).

Noosa North Shore     With regard to the latest draft we wish to draw to Council’s attention
Association (NNSA)         -   A need to include in the State’s management of new commercial operations not specially covered thus far.
                           -   New technologies will see new forms of commercial and recreational uses.
                           -   These will need to be caught as a principle under an umbrella of sorts.
                           -   For example a recent business initiative on the river is electric powered surfboards.
                           -   The operators have no commercial base and simple take bookings online and meet clients on the riverbank at Noosaville.
                           -   There they take from 4-6 clients out on these surfboards and teach people how to use them in front of riverfront properties along Wygani Drive, Noosa
                               North Shore.
                           -   The operators use a jet ski for supervision.
                           -   These boards are capable of speeds of greater than 20 knots and when used within close proximity of marine structures such as jetties pose a safety risk
                               to inexperienced clients, children swimming and others.
                           -   Furthermore when instructors continually shout instructions at clients, the calm and peaceful ambiance in the area is broken for 1 - 1.5 hours a session!
                           -   A defined zone is needed for activity such as this.

Noosa Jetty           Jetty leases
Builders                   -    The Plan continues to argue Council’s political ambition for control over the commercial leases however does not describe a single significant issues
                                associated with any jetty lease that warrants such intervention, cost and risk of legal appeal.
                           -    Detail any community, environmental or economic benefits from such intervention.
                           -    Properly describe the State’s opposition to the move.
                           -    Disclose that no leaseholder supports the proposal.
                           -    Disclose that no leaseholder has been consulted.
                           -    Disclose that Council is aware that legal challenges to such a takeover are likely.
                           -    Council continues to operate in a confrontational manner with jetty leaseholders and has failed to act on previous suggestions of forming a Working Group
                                to work cooperatively and positively.
                           -    Action required
                           -    While the Plan can describe Council’s political and revenue raising ambitions, this Plan must transparently describe the many reasons why it cannot be
                                achieved.
                           -    The Plan should instead recommend that Council move away from its traditional adversarial model of operation and enter into a new, positive dialogue with
                                commercial leaseholders and marine businesses to support the positive management of the river.
                           -    Establish a River Management Committee to better advise the Mayor and Councillors.

Noosaville Business   Jetty leases (as per comments above with changes or additions)
Association, Noosa         -    The Plan continues to inappropriately argue Council’s political ambition of control over the commercial leases however does not
Commercial                 -    Describe a single issue or risk associated with any jetty lease or commercial operator that warrants such intervention or cost.
Boatman’s                  -    Describe the legal obstacles and strong opposition from leaseholders who would need to agree to any assignment.
Association                -    Detail any community, environmental or economic benefits from such intervention.
                           -    Describe the State’s known opposition to the proposal.
                           -    Disclose that no leaseholder has been openly consulted.
                           -    To this end, we note that Council continues to operate in a confrontational manner with jetty leaseholders and has failed to act on our Association’s
                                previous suggestion of forming a Working Group to work cooperatively and positively.
                           -    Action required by Council
                           -    Amend the Plan to at least acknowledge the strong opposition and unlikely prospect of Council gaining control over Crown leases and the high risk of legal
                                appeal if Council attempted to take over such leases.
                           -    Establish a River Management Committee to better advise Council.
                           -    This aligns to recommendations in the Noosa Fishing Futures (page 32-33) and best practice to work cooperatively with community and stakeholders.
                           -    The Plan should recommend Council move away from its traditional adversarial model of working with river businesses and commercial leaseholders and
                                enter into a new, positive dialogue to support the positive management of the river.

Noosa Jetty           New businesses
Builders                  -    The report states “The Noosa River is already congested during peak holiday periods and activity has reached a level where stringent control over new
                               businesses is now required”.
                          -    There is no data to support this perception or description of any issues that substantiate this statement.
                          -    Recreational vessels significantly exceed the number and impacts of commercial vessels operating on the Noosa River.
                          -    There is no data to support the view that commercial vessels have greater impacts on the Noosa River than recreational vessels.
                          -    As a commercial operator on the river in the construction industry I avoid to the best of my ability working in the river during peak periods primarily as a
                               safety objective as my employees safety is first and foremost.
                          -    That being said the biggest risk to the safety of our operators in unlicensed, unsupervised minors quite often in unregistered vessels having very little or no
                               knowledge of marine rules, regulations or signage yet they are not mentioned.
                          -    There is no data to support the suggestion that the volume of businesses requires “stringent control” particularly in light of no actual issues actually being
                               described in the document.
                          -    I consider it highly unlikely that Council is overwhelmed with business inquiries not least because Council approval is only required for food businesses or
                               businesses wishing to operate from public land.
                          -    A new business can legally commence operating from a commercial jetty without even informing Council.
                          -    Council has no strategy to inform nor any mandate to assume it can control any business regardless of whether it is on land or water beyond existing
                               legislation.
                          -    In relation to Council’s ambition to control and cap marine businesses, I note Council has no meaningful information on existing businesses, understanding
                               of consumer demand for marine businesses on which to base any future strategy, strategy on which to assess or control anything let alone benefit the
                               community.
                          -    I reject the current Council’s attempts to ‘cap tourism’ by seeking to control capacity, type and manner of operation of marine businesses that comply with
                               State and Federal legislation.
                          -    The report incorrectly states that Council approval may be required for subleases of commercial leases.
                          -    Council is not a party to such leases and/or the approval of subleases.
                          -    Council does not know what subleases or sub-tenancy agreements exist.
                          -    The plan states that Council does not support Floating Shops but gives no basis for it nor regards its limited powers under State and Federal legislation.
                          -    The plan states in several instances that boat ramps exist for private boat owners and may not be used by commercial vessels
                          -    This is not correct.
                          -    While marine businesses may not operate their business from those ramps, commercial vessels are equally entitled to use ramps.
                          -    The plan states any vessel selling food must have a food business licence.
                          -    This is incorrect as such is only required if they are processing food.
                          -    Action required
                          -    Amend any emotive and inaccurate statements.
                          -    Ensure any critical statements are supported by evidence or data.
                          -    Amend the Plan to ensure any Council ambitions are consistent with and do not contravene State and Federal legislation.
                          -    Remove any actions from the Plan that are not directly and transparently linked to significant issues that have significant negative impacts.
                          -    The Plan should instead recommend that Council move away from its traditional adversarial model of operation and enter into a new, positive dialogue with
                               commercial leaseholders and marine businesses to support the positive management of the river.

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