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SOUTHPORT MOORINGS, ANCHORING AND THE WESTERN CHANNEL.

FOR CONSIDERATION BY THE PREMIER AND THE MINISTER

24th MARCH 2015

RECOMMENDATION

In accordance with section 13 of the Gold Coast Waterways Authority Act 2012 (GCWA Act), the Minister has the power to direct the Gold Coast Waterways Authority Board (GCWAB) in the exercise of any of the Authority’s powers.

All the issues identified in this document relate to a shortage of marina, mooring and legal anchoring provisions for local, interstate and offshore vessels.

Expenditure associated with vessels that remain in the area has a very, positive impact on the local economy.

The current proposal for fast ferries on the Broadwater may only be viable if a Cruise Ship Terminal proceeds. The associated, and already unnecessary displacement of a number of vessels from existing moorings, at high cost, exacerbates the problem of already limited marina, mooring and anchoring facilities. A lack of stakeholder participation in developing the ferry proposal is irresponsible and has highlighted a number of associated issues.

Refer below and to the attached documents for further information regarding this matter.

It is recommended that the Minister be asked to give consideration to direct the Gold Coast Waterways Authority Board to:

1. Place on hold any proposals to provide a second channel between Sundale bridge and the start of the existing 40 knot speed zone opposite Carter’s Basin, pending an independent review with recommendations to satisfactorily resolve all issues identified in this document.

2. Place on hold any proposals to remove, relocate or realign any of the 67 existing moorings between Sundale Bridge and the start of the existing 40 knot speed zone opposite Carter’s Basin, pending the above mentioned review. Additional moorings are required, however given that other suitable options are available, the current proposals are not financially responsible and should not proceed.

3. Extend the unofficial moratorium on issuing anchoring or living aboard infringement notices, currently applied in and adjacent to Carters Basin, to vessels at anchor between the Southport Marinas and the Gold Coast Seaway, pending the above-mentioned review.

4. Place on hold any proposed increase to existing speed limits for all recreational and commercial vessels in the 6 knot speed zone opposite the Southport marina complex pending the above mentioned review.

5. Include in the contract for the management of moorings in the Southport Precinct a requirement that facilities (toilet and washing) be provided as was included in the existing management contract which allows mooring occupants to live-aboard, in accordance with the Transport Infrastructure (Waterways Management) Regulations 2012 Section 10 (3). Alternatively the Minister may wish to direct the GCWAB to provide those facilities. The GCWA are providing the mooring infrastructure and should also be able to provide the toilet and washing facilities. Innovative options can be found. The cost of the facilities could be met from savings associated with keeping the existing moorings.

6. Establish a working group with a representative from the Australian Live-Aboard Association for the purpose of the selection of a suitable consultant, establishment of the scope of work and terms of reference associated with the above-mentioned review.

PRIORITY

Urgent.

Relocation of moorings is likely to commence shortly after 26th March 2015.

Significant, unnecessary expenditure will be incurred if additional contracts are let or moorings removed, relocated or realigned.

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The Mayor of the Gold Coast City Council and GCWA Board member, Tom Tate, has recently stated (interview on radio 91.7, Wednesday 25 March 2015) that infrastructure is in place for fast ferries. Ferries can operate safely in the region without displacing residents.

Under Part 5, Division 9 of the Transport Operations Marine Safety Regulations, 2004 and to meet the General Safety Obligation, large stretches of the entire western channel may be limited to 6kn.

Live aboard vessel owners on anchor/moorings have no other viable, legal anchoring/mooring sites.

Due to changes in mooring lease contracts, 23 vessels may be displaced from moorings where the owners have been living legally as part of the wider community for many years. Over those years some owners have had different vessels on moorings in the Southport Marina Precinct for in excess of 20 years and up to 43 years. The displacement of those vessels will exacerbate the anchorage shortfall.

Many mooring residents are registered on the electoral roll with their moored vessel being their principal place of residence. Most are gainfully employed. Some run long term businesses, others are self funded retirees with a few residents on aged or disability pensions. There are very few unemployed residents on welfare.

CONTROLLING LEGISLATION.

In March 2012 the LNP under Campbell Newman took office.

In December 2012 the Gold Coast Waterways Authority Act 2012 (GCWA Act) commenced.

Section 13 of the GCWA Act (“Powers subject to Ministerial direction”) states:

“The exercise of any of the authority’s powers is subject to Ministerial directions.”

THE ISSUES

Legislation contained in the GCWA Act and the Transport Infrastructure (Waterways Management) Regulations (both of which commenced after the Newman Government was elected) places unreasonable limits on anchoring, mooring and living aboard in Gold Coast Waters.

Local, interstate and overseas vessels can inject millions of dollars to the local economy. The lack of anchoring and mooring facilities deters vessel owners from stopping and or staying in the area. Overseas vessels including mega yachts prefer to go to New Zealand where they spend large budgets as excessive restrictions are not applied.

Information contained in this report has in part been obtained from meetings and phone calls with the GCWA and its consultants. It is noted that officers within the GCWA and their consultants have always been cooperative and professional but are constrained by employment conditions, legislative requirements and direction, ultimately, from the GCWA Board.

1. Geographically, the Western Channel starts to the North of the existing western mooring field. The GCWA intends to remove all existing moorings (38) on the western bank to accommodate the western channel. Refer to the Attachments for clarification. Effective consultation has not been undertaken regarding the western channel.

The GCWA has advised that the western channel is required to reduce congestion and the associated competition for clear passage.

There is no congestion or competition for clear passage in the Southport Marina Precinct, a statement supported by Google Earth time-lapse photos. The 21 satellite images show an average of 4 vessels and a maximum of 12 vessels (Good Friday 2014) to be in the 1.4km stretch of the existing channel at any one time. Assessment of Marine Safety Queensland (MSQ) records will also show that no Marine Incidents have occurred as a result of congestion or competition for clear space in the Southport Marina Precinct. Those most often in, and using the area (the mooring live aboards) also agree that there is no congestion or competition for clear passage in the Southport Marina Precinct. The mooring residents have not been consulted in this regard.

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It has been suggested that the need for a second channel has originated from the GCWA Board and that this may be associated with the desire for ferries through the area. The GCWA has advised that they will consider a proposal to exempt commercial vessels from speed limits which may pave the way for fast ferries from the proposed cruise ship terminal to Surfers Paradise.

A recent application for documents under the Right to Information Act 2009, relating to GCWAB activities resulted in the provision of no relevant information. A complaint has been lodged with the Office of the Information Commissioner. The Commissioner's office advises that it is currently reviewing 420 pages and will follow due process for the release of appropriate information.

There is no logic to extend the Western Channel south past the point where the 2 channels naturally merge.

The need and financial justification for the western channel has also been questioned.

Unnecessary expenditure should not occur.

2. In his letter dated 18 December 2013 (Attachment 4), under instruction from the GCWAB, the CEO of GCWA wrote to the then Minister for Transport and Main Roads advising him of progress associated with the buoy mooring review, and stated:

“The GCWA Board has asked me to write to you and ensure that you are aware of our planned process and the benefits that are being sought. These benefits are: • Greater access to moorings with higher density that will increase the number of people able to enjoy the waterways while cutting the waiting lists”

Elsewhere, the GCWA state that there are over 460 applicants on the waiting list for moorings in the Gold Coast waterways. Removal of existing moorings in the Southport precinct which are in good condition, and replacement of those moorings in a marginally higher density configuration results in an increase of approximately 8 moorings at an estimated cost in the order of $400,000. Standard block and chain type moorings, which have been in use in the Southport Marina Precinct for in excess of 68 years, are estimated to cost less than $2,000 each. The current proposal is not financially responsible. The existing mooring managers have a waiting list for moorings and marinas. There is a serious shortage of berthing facilities in the area. GCWA has a 10-year waiting list for the Southport area reducing to 2 years further north.

“• Improved environmental performance from the replacement of outdated swing moorings with modern environmentally friendly mooring hardware - with an added benefit of seagrass offsets that will be used to support the environmental approvals needed for our dredging program”

There will be no improved environmental performance and no seagrass offsets. Due to the lack of sunlight penetration required for seagrass photosynthesis and the nature of water flows in the Southport Marina Precinct, there is a natural absence of seagrass. The seagrass within the vicinity of Southport moorings is intertidal on the foreshore and does not extend deeper than two meters below MLWS (see VDM Ecological Report). The depth in the existing mooring field is greater than two meters. As such, there are no seagrass credits available and there will be no “improved environmental performance” associated with replacement of the existing block and chain moorings. Refer attachment 4 showing the extent of seagrass in the area. The installation of environmentally friendly moorings will not promote seagrass growth. The model being used by the GCWA is for Moreton Bay and other locations where turbidity/water quality is significantly better and allows for plant growth. It is noted that significant cost has been incurred in re-establishing seagrass beds on the western bank of the Broadwater as an offset for land reclamation in relation to the Broadwater Parklands

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development. Vessels on existing moorings provide a barrier to wash that would otherwise destroy existing seagrass beds and adversely impact on the various marine species dependent on those beds. The Increased wave frequency from boat wash in close proximity to the shore, caused by creating a western channel will result in the destruction of the seagrass meadows, erosion of the beach, more dredging, increased turbidity and more loss of the seagrass beds further downstream. It is noted that the beach was recently created at significant cost as part of the Broadwater Parklands Redevelopment. Existing moorings do not adversely impact on the marine environment. Attachment 4 has been extracted from a 324 page report by VDM Consulting titled “Ecological Investigations to Support the Broadwater Master Plan” September 2012. Experts in marine ecology will advise that, even at slow speeds a channel close to the western bank, as proposed will destroy seagrass and cause significant erosion issues as is evident in the seagrass meadows between Bayview Harbour and Runaway Bay Marina. The proposal includes the use of fore and aft moorings. This will seriously restrict access to many of the existing mooring tenants. Tide and wind effects will complicate manoeuvring and increase the risk of marine incidents.

“• Better mooring management arrangements that may see the private sector taking a greater role in managing moorings, as they already do for marinas.”

All moorings in the Southport Marina Precinct are currently managed by the private sector. None of the benefits claimed by the GCWAB apply to the moorings in the Southport Marine Precinct. There are no benefits. Refer to attachment 2. The Gold Coast Water Ways Authority (GCWA) intends to remove 38 moorings on the western side of existing channel. Six new moorings will be laid close to the western shore. Existing swing moorings (20) in the basin between Southport Yacht Club and Mariners Cove will be removed and replaced with a more compact arrangement of fore and aft moorings (28). The revised layout in the basin will make manoeuvring difficult, will increase the likelihood of marine incidents and restrict the use of vessels, particularly for single live-aboards and couples.

Additional moorings are proposed to the north of existing moorings on the western bank but the area will be divided by the narrow western channel.

The total number of moorings will increase by approximately 8 (from 67 to approximately 75) at a cost in the order of $400,000. The existing moorings are in good condition, are serviced annually and can be retained. Eight new block and chain moorings could be installed at a total cost of less than $20,000.

The GCWA advise that 6 moorings were recently removed and were found to be in poor condition. It is believed that these were not in the Southport Marina Precinct.

The GCWA also advise that the swing radii of existing moorings overlap creating a risk of damage to boats. Theoretically this could occur but only with light wind against tide conditions. There are currently no reports in this regard.

New moorings are to be a seagrass friendly type with anchor points drilled into the seabed. Annual maintenance costs of the seagrass friendly mooring system is expected to be higher that the block and chain mooring system, which has been in use in this area prior to the establishment of Southport Yacht Club in 1946. Again it is noted that due to the limited sunlight penetration through the water to the seabed, which is necessary for seagrass growth, there are no environmental gains to be made in using these moorings. A fine scale seagrass survey of the area, consigned by the QLD state Government and the GCCC, show no seagrass in the vicinity of the Southport swing moorings, (refer Attachment 4 extracted from the VDM Ecological Master plan report.)

The GCWA have engaged consultants to provide mooring concept plans however those consultants have been constrained in identifying additional mooring space. They have proposed additional moorings as directed by the GCWA. A number of moorings, south of the Sundale Bridge have not been shown on the concept plan as local residents have not yet been consulted. Moorings in this

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location will only suit motor vessels of limited height due to limited aerial clearance at the Sundale Bridge. It is expected that local residents will not support the proposal.

The consultants will most likely agree that the current proposal is not the most cost effective, but options are limited by the constraints applied by the GCWAB.

It has been stated that the western channel and the mooring proposal was to be completed prior to the end of 2014 but with an upcoming election, work placed on hold by the Newman Government for fear of a backlash from the electorate. This would be particularly relevant, if as suspected, the requirement for the second channel was associated with the cruise ship terminal.

Additional moorings are required, however given that other suitable options are available, the current proposals are not financially responsible and should not proceed.

The GCWA has advised that the speed limit at the end of the western channel, opposite the Southport Marinas, will remain at 6 knots subject to review and input from enforcement partners (MSQ, Police and FBP). The review may be based on a proposal to increase the speed limit for vessels under 6.5m from 6kn to 25kn. The review is likely to find that part 5, division 9 of the Transport Operations Marine Safety Regulations, 2004 will prohibit any speed increase for all vessels. There are large sections of the entire western channel that may also be restricted to 6kn under the same regulations. The GCWA also advise that commercial operators including fast ferries may be exempt from speed limits in either the existing main channel (South Channel) or the new western channel. There are no ferries currently operating and without a cruise ship terminal the financial viability of a ferry service is highly questionable. The GCWA has stated that some vessels produce less wake at 25kn than at 6kn. While there is agreement to this in some instances, the increased popularity of wake boats (less than 6.5m) designed to produce large wakes must be considered. There is a significant increase in erosion resulting from large, frequent wake close to the shore.

Of great concern is that with an increase in speed comes an increase in the risk of serious marine incidents. Speed limits save lives.

Even at speeds less than 6kn, the second channel will have an adverse impact on seagrass in the area. Attachment 4 maps existing seagrass and is shown in blue. Associated wave action will destroy existing seagrass, erode the bank, lead to more turbidity, more dredging and again more turbidity.

3. The existing mooring management contract held by Southport Yacht Club includes provisions that

meet the legal requirements to live-aboard (Transport Infrastructure (Waterways Management) Regulations 2012 Section 10(3). The term of the management contract expires on 9th July 2015. The provisions require that the managers provide toilet and washing facilities. The GCWA will shortly call tenders for the management of the moorings in the Southport Marina Precinct but do not intend to include the requirement to cater for live-aboards as was provided for over 30 years previously. A number of innovative options are available to meet the live-aboard requirements of the Transport Infrastructure (Waterways Management) Regulations 2012 Section 10 (3). The new lease should also include appropriate provisions. Twenty-three single and multiple member families will be displaced if appropriate live-aboard provisions are not made. All of those families support the local economy through purchases to meet basic weekly needs, attend local schools and form part of the local community. Many of those who live-aboard are local employers or are employed locally in various professional and non-professional positions. Others are self funded retirees and aged pensioners. There are very few unemployed residents on welfare.

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There are numerous examples where the live-aboard residents have prevented serious marine incidents, examples of which include:

Rescue of two passengers and the skipper from an overturned Gondola during a squall and heavy rain after dark.

Rescue of an elderly gentleman who fell 3m from the upper deck of his vessel onto the concrete finger on a marina berth and ended up in the water.

Rescuing capsized racing inflatable boat and crew

Taking command of unattended vessels that have dragged anchor thus avoiding vessel damage, other vessel damage or damage to Broadwater infrastructure.

Rescuing at least three vessels in immediate danger of destruction by fire during the recent Versace Marina fire in 2014. He was also the first to man the hoses for the other boat unfortunately destroyed in that incident.

There are a large number of other incidents involving the rescue of people who may have drowned, or the damage to property if not for the intervention of live-aboards. By their presence, mooring live-aboards also provide added security, offer assistance to other waterway users when the need arises and they routinely clear away hazardous debris, plastic and rubbish floating downstream.

4. Under sections 7, 8 and 9 of the Transport Infrastructure (Waterways Management) Regulations

2012, infringement notices can be issued for exceeding time limits at anchor in specified waters. Attachment 3 provides an overview. During a recent count (Friday 6/3/15) there were approximately 100 vessels anchored between the Southport Marina Complex and the Gold Coast Seaway. Following a meeting with representatives from a group at anchor, the GCWA has unofficially agreed not to issue infringement notices for vessels in parts of the 24-hour zone. Due to the nature of the legislation enforcement is at best difficult. It would appear that the intention of the legislation was to stop vessels being left anchored and unattended for lengthy periods as moving the vessel within the time limit allows it to stay in the area. Areas further north within the waterways are available for those who wish to stay on anchor without moving their vessels, however living aboard is not permitted. Should the GCWAB displace 23 live-aboard boats, any issues with the number of anchored boats in these areas would be exacerbated. Having lived peacefully and legally in the area for in excess of a decade (in many cases) it would be cruel and unusual to subject these (often elderly) residents to treatment that could be seen as harassment by local authorities, as they are asked to move on. Live-aboards are prepared to establish some sort of code of conduct amongst their number and to undertake self-regulation in this regard. Generally speaking the aims of GCWA and the live-aboards coincide – that there should be no dumping of unseaworthy vessels or unattended parking of otherwise seaworthy vessels as they become a hazard to peaceful existence in the Broadwater.

PREPARED BY: DAVID TAYLOR CONSULTING ENGINEER

B-Tech Mech Eng Master 5, M.E.D 3

Yacht Master Offshore Sailing Instructor

Ph: 0408820666, Email: david.taylor.is@bigpond.com

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ATTACHMENT 1

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ATTACHMENT 3

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ATTACHMENT 4