Published on Wednesday, 20 April 2022 at 5:31:54 PM
BLOWHOLES SHACKS - Frequently Asked Questions
Why won't the Shire allow the shacks to be repaired?
The Management Order requires the removal of the shacks. The area is a crown reserve owned by the State Government under a Management Order to the Shire. The Blowholes Reserve Management Plan 2014-2036 was endorsed by the then Minister for Lands on 11 January 2016 and includes several objectives and actions, including the removal of all shacks by 31 December 2016. The Shire is bound by that Management Order and therefore has no legal ability to allow the shacks to be repaired.
Can the Shire allow the shack owners to build new shacks at the same location or in another location nearby?
The State endorsed Blowholes Management Plan does not allow for the shacks to remain at the current site, nor does it allow for new shacks to be constructed in this site. The Blowholes Management Plan 2014 -2036 is available on Council's website for public information. This plan suggests that new chalets can be built on another site. The Shire is working with the Minister for Lands to find the best site for future chalets.
Can the Shire allow the shack owners to build new shacks at the same location or in another location nearby?
Shacks have been inspected three times between 2016 and 2021 by the Shire’s licenced Building Surveyor who identified that the shacks are continuing to deteriorate due to environmental conditions and white ant attack of non-treated timbers. The Building Surveyor states that they are at high risk of collapse in high wind. Note, Carnarvon and the Blowholes did not get the high wind from Cyclone Seroja. Damage to the jetty and boardwalk was from high swells.
The shacks survived Cyclone Seroja so why is the Shire using strong wind as a reason for the building orders?
Shacks have been inspected three times between 2016 and 2021 by the Shire’s licenced Building Surveyor who identified that the shacks are continuing to deteriorate due to environmental conditions and white ant attack of non-treated timbers. The Building Surveyor states that they are at high risk of collapse in high wind. Note, Carnarvon and the Blowholes did not get the high wind from Cyclone Seroja. Damage to the jetty and boardwalk was from high swells.
Does the Shire charge rates or any other fees for the shacks?
No. The Shire has not charged shack owners any fees or charges since 2012. As they do not have any land tenure, we are not able to charge leases or rates.
Does the Shire allow people to camp at the shacks and charge them for the campsite?
People staying in the shacks are not charged as per Council camping fees. Camping fees for non-resident campers are charged elsewhere at the Blowholes, but not at the shacks.
Will the Shire develop some meaningful parking, shades, seal the road to black rock, have more control with a ranger program?
The Shire will implement the State endorsed Blowhole Management Plan, which includes a day visitors precinct and camping precinct - pending budget allocations.
Can the Shire give shack owners a lease?
No. The land on which the shacks are located is crown land that belongs to the State Government and is covered under a Management Plan that was endorsed by the State in 2014 which does not allow the shacks to be on this site. Therefore, from that time, the Council was not able to impose fees or charges for the shacks.
What are the future plans for the Blowholes area?
The site will be developed in accordance with the recommendations of the Blowholes Management Plan 2014-2036 subject to any consideration by the Minister for a better location for new chalets, and of course, budget considerations.
If you proceed to demolish the shacks, what does that mean for the shack owners?
The Shire is working with the State Government to find a suitable location for new chalets as per the Management Plan and Masterplan. These documents provide guidance on how the way in which shack owners will have access to a lease on a new site for a chalet.
What approvals are in place that allowed the shack owners to build on the land?
There were no approvals given to build on and occupy the land.
What are the risks to Council if the shacks remain on the land?
Council has been informed by its insurers and lawyer that in the event of a personal injury, the Shire could be found to be liable. In addition, they have advised that officers and councillors could be liable under legislation i.e. Work Health and Safety Act 2020 and Civil Liability Act if it can be proven that they have not acted in good faith.
Has there been any consultation with the BPA regarding this issue?
Yes. The Shire has met with representatives from the BPA and emailed them with updates, including a recent meeting to advise about the recent Building Surveyor's Report and the intent to commence with Building Orders.
If the shacks are demolished, will the shack owners be charged a tip fee?
This will need to be considered and determined by Council.
How much time do we have before the shacks must be removed?
The Building Act 2011 requires owners of properties to be given 14 days to respond to Building Orders and if the orders are upheld by Council, that they acted upon within 60 days of being served
How much of the rate payer’s money is going to be used to make this happen and how much do you think you’d get in return?
The financial impacts are outlined in the officer's report and will depend on whether any legal challenge to the Council decision is lodged. The return is protecting the community from possible injury and the organisation and community from possible litigation if someone is hurt.
If safety is your concern, is the same building inspector that deemed these shacks unsafe and not up to code going to go around the town and inspect every building to make sure that they’re safe and up to code?
The Shire has responsibility for ensuring compliance with the Building Act. In essence, the Shire must ensure structures are safe and compliant whether they are on private land or public land.In case the Shire has been made aware of a violation of the Building Act the Shire has to act in accordance with this Act.
Why, during Cyclone Seroja, did not one shack get damaged but the “new fantastic” Blowholes viewing platform was destroyed?
The Blowholes Viewing platform was not damaged during Cyclone Seroja, but during a Winter Storm Swell in July 2021.
It is obvious to many that the Shire has engineered this situation to your own ends. If this is not the case and there are other justifications, could you please share them?
Council received a letter from the Minister of Lands, dated 10 December 2021, stating the state's position that the Management Plan remains in force and the ongoing existence of the shacks is a serious breach of the Management Plan.
"Squatter's rights", because the shack owners have been there for such a long time, why should it be demolished?
Please see above for the many reasons outlined.
You can find a copy of the Blowholes Reserves Management Plan here.
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