Representations Received [As Published] · 142007.1173

 

 

 

M2248 - 09
Page 4
13/01/2009

has been assessed. It is requested that the condition be deleted as it is an unreasonable
imposition on the development.

Condition 8
The rails to the abandoned slipway structure shall be removed prior to completion of the works.

The operation of the old slipway which exists within the leased area is not part of the current
development application for operational work. We cannot see any basis upon which the Council
can impose a condition requiring its removal. Such a condition is irrelevant to the subject matter of
the operational works application and has no nexus with the Code under which the application is
assessed. The issue the Council seems to be raising is that the use of the slipway has been
abandoned which even if it were true, there is no power for the Council to require the slipway
structure to be removed through a condition on the subject development application for
operational work. It is requested that the condition be deleted as it is an unreasonable imposition
on the development.

Condition 9
Wastewater and sullage shall only be disposed of at approved pump-out facilities.

This condition requires waste water and sullage from the relevant vessels operating from the jetty
to be disposed of at approved pump-out facilities. It needs to be borne in mind that the
development application is for operational work. It does not relate to the day to day operation of
the charter boat businesses which will utilise the jetty facilities. Ordinarily those businesses would
engage private contractors to take waste water and sullage from the vessels. Private waste
removal contractors are separately licensed under different laws with which they are required to
comply. Neither the operators of the charter boats nor the applicant for the operational works
approval has any means of controlling the activities of private waste contractors. If such private
waste contractors were to breach the law by wrongfully disposing of waste water and sullage
extracted from vessels at the subject jetty, of from other vessels, then presumably that contractor
would be the subject of legal action either by the Council or the Environmental Protection Agency
under the applicable laws. However, that is not a matter which is appropriate for conditioning in
response to this operational works application. It is requested that the condition be deleted as it is
an unreasonable imposition on the development.

If you require any further information please contact the writer.

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Yours faithfully,
JONES FLINT & PIKE

 

Cc: Heritage Jetties Pty Ltd