By JONATHON HOWARD
NOOSA Council has been asked to explain a confusing media release that claimed the State Department of Environment and Heritage Protection was going to force the removal of the old jetty site near the corner of William Street and Gympie Terrace.
The media release made bold assumptions that were not approved by the State Department including the “forced removal” of the jetty and that it was now under state ownership.
Instead, a spokesperson for the State Department of Environment and Heritage Protection said the jetty matter remained “under investigation” and “no action” was scheduled to remove the jetty, or its owner Kevin Driscoll.
Mr Driscoll, a pensioner, is currently taking a one-man-stand on the jetty site, which he purchased with his wife Vicki in the late 1990s.
Mr Driscoll was preparing to fight the removal of the jetty and claims any action against his property would be in breach of his constitutional rights.
The press release said Noosa Council staff met with State Government representatives last week to clarify ownership issues that surrounded the jetty site.
It said the State Government representatives had confirmed that the site was now in State ownership, “since all private rights to occupy the site had been cancelled in January last year”. However, that statement has now been withdrawn.
The State Government confirmed at the meeting that it will act to ensure the removal of the temporary wooden structure on the site, which they say is now there illegally.
Noosa Council’s Director of Planning and Infrastructure Martin Drydale, said the council had done all it could to clarify the situation, but in the end – he said – “this is clearly a matter for the State Government.”
Mr Drydale said the council had offered to remove what’s left of the old jetty pylons at no cost to the former owners, Kevin and Vicki Driscoll, as part of work on the nearby footpath.
He said if this offer was not taken up, the footpath work would continue without any impact on the jetty site.
The press release also claimed that State Government officers said the deterioration of the structure over many years led to a point where the Driscolls no longer had legal tenure from the State Government over the jetty, or the right to rebuild.
However, a spokesperson for the State Department said they had not made any final decision around the jetty’s ownership and were making inquiries with Noosa Council over the press release.
Mr Driscoll claims the jetty site deteriorated due to the shifting of the council-owned footpath, which forced several pylons sideways and compromised the jetty structure during the 2013 floods.
Mr Driscoll said he had also adhered to the maintenance requirements issued by the State Department.
“I’ve got several engineers’ reports that prove the jetty deteriorated due to the shifting of the footpath,” he said.
“What I want is for Noosa Council to repair the footpath and correct those pylons so I can rebuild the jetty.”
The State Department of Environment and Heritage Protection advised it has taken “no action at this stage” and was “further investigating the jetty matter and press release”.
