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

     -    Our Association believes the time available to consult on the draft plan is inappropriately short and disappointed its own response has been curtailed to
          match the timeframe available and the constraints of the peak holiday season.

The Noosa Commercial Boatman’s Association welcomes the development of a Noosa River Plan and the goal of ensuring the river is managed and used safely,
sustainably and positively but we do not believe draft 2 is adequate or complete and call for:
     -    Issues highlighted in this submission, our prior submission and other public feedback to be formally and openly addressed so the approved plan is
          sufficient.
     -    Community consultation to be extended beyond the peak tourism season to allow businesses and community sufficient time to engage with the plan.
     -    The plan has been on the drawing board for nearly 4 years and there is no legitimate basis to rush it through now with minimal consultation just ahead of
          an election.
     -    This draft 2 contains sections which are erroneous and/or redundant.
     -    At a minimum, Marine Safety Queensland’s announcement of a permanent presence on the Noosa River makes Council’s goal to “take control” of the river
          a flawed statement that will require significant rewriting of the plan.
     -    Significant changes are required to the draft plan which will require further community consultation in accordance with the Local Government Act.
     -    Consult openly with industry and community by forming a River Management Committee or Trust to provide input and expertise into the river’s
          management plan and ongoing programs.
     -    There has been no meaningful consultation with any major stakeholders in recent times.
     -    Council’s community jury did not provide a mandate as it lacked industry input or marine expertise and participants were given briefing papers that were
          heavily biased towards Council’s goals.
     -    We welcome the opportunity to meet with Councillors and Council staff to discuss these issues in full so they can be properly accounted for in future
          revisions of this Plan. We call on the Noosa Council to ensure the Noosa River Plan is a comprehensive and substantial plan that can properly protect the
          iconic Noosa River and continue to provide a key recreational precinct for the community.
For additional comments on draft plan in conjunction with the Noosaville Commercial Business Association refer below–

Vision (as per comments above from Noosa Jetty Builders with changes or additions)–
     -    The published vision has been amended to remove reference to “the greatest possible community wellbeing now and into the future” and Councillors have
          adopted a vision limited only to “the healthiest and most biodiverse system in South East Queensland”.
     -    This vision is inappropriately limited and lacks appropriate regard for social, cultural, historical and economic factors that are essential and appropriate
          factors in the long-term stewardship of the river and the Shire generally.
     -    The unilateral raising of environment above all other factors fails to meet the Council’s own objectives of its 2018 Corporate Plan specifically Theme 3 to
          support an economy that is diverse and resilient and with a sustainable tourism sector.
     -    This amendment may create an inappropriate mechanism for future Councillors to ignore non-environmental factors including indigenous history, social
          inclusion, industry and community amenity when it balances decisions against environmental factors.
     -    Similarly, we question the relativity of arguing for the river to be the most biodiverse system in the region when no data is provided on its current status
          relative to other systems.
     -    Proposed action
     -    Revise the vision to ensure it accounts for factors such as community wellbeing as previously proposed.
     -    Provide clear and measurable performance indicators that address all community wellbeing factors.
     -    Provide a clear definition of what ‘healthiest system” means and how it will be measured.
     -    Ensure the Noosa River Plan’s Vision is aligned to all the themes of Council’s Corporate Plan and not singularly limited to Environment. Provide analysis of
          current biodiversity and relativity to other “systems” and define if this refers to river systems or adjacent terrestrial and coastal systems.
     -    Council should form a River Management Group or Trust to guide its policy direction and implementation.
Legal Mandate
     -    Council proposes to take various actions without a legal mandate and in contravention of State and Federal legislation.
     -    The Plan variously proposes Council taking on compliance and enforcement of responsibilities over issues such as mooring, waste disposal, safety etc. as
          well as powers over commercial vessels that are vested in AMSA.
     -    While various suggestions are made that Council needs to negotiate such powers, it cannot put forward a plan that is full of actions dependent on gaining
          such controls until an appropriate legal process is documented and agreement reached (if ever).
     -    Our members strongly doubt such State and Federal powers will ever be ceded to a small regional Council.
     -    As such, we strongly oppose any river users being subject to Council’s proposed River Management Unit seeking to enforce compliance when Council has
          no authority over them.
     -    Council has long advocated taking ‘control of the river’ but is no closer to gaining the required authority or mandate despite four years of discussion.
     -    The draft River Plan (and a large number of actions within it) cannot be premised on Council’s unachievable aspiration to take over powers that will not be
          ceded to it.
     -    Proposed action
     -    Plan should be restructured to:
     -    Ensure any actions align to existing legislative powers for State and Federal agencies.
     -    Ensure any actions align to international marine regulations such as MARPOL and COLREGS.
     -    Develop a partnering approach with key State and Federal agencies to increase resources allocated to the Noosa River so compliance and environmental
          goals are achieved by the responsible agency (rather than Council seeking to do it themselves).
     -    Direct Council staff to consult with community and industry on the application of State and Federal legislation to better inform any future references in
          subsequent draft plans.
     -    If the Plan still recommends takeover of any legislative powers, then the plan must set out the process, timetable and communication plan for stakeholders
          to achieve that goal rather than just assume it will happen on the adoption of the plan.
     -    At present, no outcomes or milestones are listed towards a goal of a ’taking control’.
Lack of Strategic Options
     -    The Plan argues for “taking control of the river” without addressing options or alternatives to achieve desired outcomes.
     -    Proposed action
     -    Plan needs to be restructured to ensure any issue that is described is substantiated with data, assessed, prioritised and specifically mapped to action
          plans/actions that will address it.
Actions put forward do not properly align to or respond to key issues
     -    The plan describes “issues” based on personal perceptions and without data or evidence to support the statements or the declaration that they are “issues”
          which need to be addressed (e.g. Houseboats regularly breaking free and causing damage to infrastructure is cited as a major issue but rarely happens).
     -    Similarly, increased boat traffic during holidays is described negatively without explanation as to why it is so bad.
     -    Safety is also described as being compromised but there is no reference to any data on marine incidents in the Noosa River to substantiate the claim etc.).
     -    The plan gives inadequate consideration of the relative priority of issues, their seriousness or their impacts in any objective form.
     -    Rather, the Plan continues to nominate what some individuals think are the key issues without any comparative assessment or relativity.
     -    The Risk Assessment provided on page 59 is simplistic.
     -    We specifically note the risk assessment on page 59 does not attribute a single issue as a priority which relates to the commercial businesses operating on
          the river. Council however is proposing many actions and interventions in those businesses which are not supported by Council’s own risk assessment.
     -    Proposed action
     -    Plan should delete any actions that are not directly linked to solving an identified and assessed risk.
     -    High risk items must be prioritised over low risk items even if Council’s political agenda is in favour of them.
     -    Plan should properly consult with responsible State and Federal agencies in relation to safety, compliance and risk before making ill-informed assessments
          without data or technical reference.
Plan needs to define the scope of waterways actually being addressed
     -    Plan defines its scope as “Noosa’s freshwater creeks, wetlands, lakes, river estuary, coastal creeks and groundwater and incorporates a whole of
          catchment management approach” (page 5).
     -    The Plan however variously discusses the Noosa River and Noosa Waterways but extends into making arbitrary recommendations for singular matters
          relating to North Shore beaches and a single recommendation for Laguna Bay.
     -    Plan fails to comprehensively assess issues associated with Laguna Bay, southern beaches, river mouth or any local coastal or offshore waters.

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