ITEMS FOR CONSIDERATION OF THE TRUST:

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JACK EVANS BOATHARBOUR RESERVE TRUST MEETING HELD WEDNESDAY 15 JUNE 2005

ITEMS FOR CONSIDERATION OF THE TRUST:

ITEM PRECIS PAGE

CONFIRMATION OF MINUTES 5

Minutes of the Jack Evans Boatharbour Reserve Trust Meeting held Wednesday 11 May 2005

5

REPORTS FROM DIRECTOR ENGINEERING AND OPERATIONS 7

1 [EO] Scuba-Doo Pty Ltd Dive Operations 7

THIS IS PAGE NO 3 OF THE AGENDA OF THE MEETING OF THE JACK EVANS BOATHARBOUR RESERVE TRUST HELD WEDNESDAY 15 JUNE 2005

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THIS IS PAGE NO 5 OF THE AGENDA OF THE MEETING OF THE JACK EVANS BOATHARBOUR

CONFIRMATION OF MINUTES

Minutes of the Jack Evans Boatharbour Reserve Trust Meeting held Wednesday 11 May 2005

UNDER SEPARATE COVER/FURTHER INFORMATION:

1. Minutes of the Jack Evans Boatharbour Reserve Trust Meeting held Wednesday 11 May 2005 (DW 1201321).

RESERVE TRUST HELD WEDNESDAY 15 JUNE 2005

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REPORTS FROM DIRECTOR ENGINEERING AND OPERATIONS 1 [EO] Scuba-Doo Pty Ltd Dive Operations

ORIGIN:

Recreation Services SUMMARY OF REPORT:

At its meeting held 11 May 2005, the Trust considered a report regarding a proposed Scuba-Doo dive operation in Jack Evans Boatharbour. The Trust resolved to notify the Department of Lands that it had no objections to the Department of Lands:-

1. Providing owners consent to a development application to operate a Scuba-Doo dive operation from Jack Evans Boatharbour.

2. Issuing a licence over that part of the Jack Evans Boatharbour required to conduct the operation.

3. Issuing of a licence over that part of Lot 703 DP 877250 required for operating the business, providing facilities and providing parking.

Prior to lodging a development application for the proposal, an Aboriginal Land Claim had been lodged under the Land Rights Act 1984 over Lot 703 DP 877250 which contained the old boat shed from which the proponent proposed to operate.

The proponent has now requested the Trust to consider allowing the construction of a temporary office and amenities facility at another site within the harbour precinct close to the location of the proposed dive operations.

RECOMMENDATION:

That the Trust notifies the owners of Scuba-Doo Pty Ltd that it does not support the operation of the Scuba-Doo dive operation from a portable building within the Jack Evans Boatharbour.

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REPORT:

At its meeting held 11 May 2005, the Trust considered a report regarding a proposed Scuba-Doo dive operation in Jack Evans Boatharbour. The Trust resolved to notify the Department of Lands that it had no objections to the Department of Lands:

1. Providing owners consent to a development application to operate a Scuba-Doo dive operation from Jack Evans Boatharbour.

2. Issuing a licence over that part of the Jack Evans Boatharbour required to conduct the operation.

3. Issuing of a licence over that part of Lot 703 DP 877250 required for operating the business, providing facilities and providing parking.

Prior to lodging a development application for the proposal, a claim had been lodged under the Land Rights Act 1984 over sections of the boatharbour, including Lot 703 DP 877250 which contained the old boat shed and car park from which the proponent proposed to operate.

The proponent has now requested the Trust consider allowing the construction of a temporary office and amenities facility at another site within the harbour precinct close to the location of the proposed dive operations.

The original proposal to conduct the operation from the old boatshed facility provided some advantages in that the site has an existing carpark, and the old shed would be revamped as part of the proposal providing some aesthetic benefits and a presence at the site.

However, the proposal to construct a temporary facility within the precinct requires some further consideration.

Allowing a commercial operation to set up temporary premises in the harbour may set a precedent should future similar proposals be received. This may lead to add-hock developments within the boat harbour precinct. Additionally, the Trust and the Department need to consider issues of equity and competition. There may be other commercial hire operators that would take advantage of the opportunity to operate from the boat harbour were it presented.

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1. Calling for expressions of interest.

2. Placing a condition on the support of a development application from Scuba-Doo Pty Ltd that evidence is provided that other businesses offering similar services within the area have no objections to the proposed operation.

LEGAL/RESOURCE/FINANCIAL IMPLICATIONS:

Nil.

POLICY IMPLICATIONS:

Nil.

UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.

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