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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2013-03-21 Daily Xml
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Grievance Debate

HOUSEBOAT MOORING

Mr PEDERICK (Hammond) (15:10): I rise today to speak about illegally moored boats on the River Murray. This issue is one that all members who have the mighty Murray running through their electorates deal with regularly, and I speak today demanding the need for transparency and action from the government and, in particular, the Minister for Water and the River Murray.

The mooring of houseboats is a query I am presented with regularly and, unfortunately, boat owners continue to choose to do the wrong thing and the government turns a blind eye. It is my understanding that the answer to this issue is black and white. For justification, the Department of Water and Natural Resources states when asked, 'Where can I moor my houseboat?':

The mooring of houseboats for a temporary stay is permitted on Crown land. The permanent mooring of houseboats on Crown land is not permitted, except where authorised by the appropriate tenure or in a designated marina. Some parts of the river are held under freehold title to the water's edge. The mooring of houseboats adjacent to this land is not permitted without the permission of the land owner.

It is the small few of houseboat owners who test this, and I must reiterate the point:

The permanent mooring of houseboats on Crown land is not permitted, except where authorised by the appropriate tenure or in a designated marina.

In addition to this, it is my understanding, for a single mooring structure or a group of less than five mooring structures on the River Murray, that the owners must have approved council development plan consent, and this is legislated under the Development Act 1993. Unfortunately, I have found this legislated ruling does not resonate with a number of houseboat owners who have permanently moored their houseboats in the Hammond electorate, and I am equally disappointed the minster has not enforced this point.

I have had an issue presented to me which has been ongoing since at least 2009 which has led to vandalism, community protests and an action group formed to campaign against the mooring of a houseboat on Crown land. A houseboat permanently moored on Crown land at Cowirra, of which the owners are yet to provide any proof of council, departmental or ministerial consent, has caused some considerable community angst. As mentioned, this issue dates back at least to 2009, and the owners of this boat were ordered they had 21 days to remove the houseboat from this illegal mooring in November 2011, yet the houseboat is still moored on Crown land.

My issue with this scenario is with people who choose not to play by the rules. On their word, the owners were informed if they wish to continue to moor their houseboat on Crown land they must apply for approval to develop a marina on the Crown land, and would be welcome to remain on the site until the marina was approved or not. As one could imagine, this has caused a considerable community outcry—even more so, when the owners are yet to provide proof of this advice or relevant documentation.

I have attempted to meet with the Minister for Water and the River Murray and his predecessor since mid-2012 to discuss this issue, however I have found myself waiting. I even received a letter from the Premier explaining he expects the minister to meet with me, however, still I find myself waiting. According to the document, Marina and Mooring Structure Development along the River Murray in South Australia, and legislated under the River Murray Act 2003:

Comment must be sought on a marina or mooring structure development application from the Minister for the River Murray.

However, the government is nowhere to be seen. It is my opinion that the owners of the houseboat are going about this in the incorrect manner, and if their development application for a marina is Cowirra is approved, the Cowirra community will be outraged. Illegal mooring along the river is an issue and must be tightened by the government, and the minister and department must be transparent with river communities to avoid messy confrontations and ongoing sagas. I would like to go record quoting the following paragraph from the government document, 'Marina and mooring structure development along the River Murray in South Australia':

Crown Lands

Proposals and applications for mooring structure and marina development usually also involve Crown Land. (In many instances, the riverbank comprises a strip of Crown Land, to which private, or freehold, land adjoins.) Permission is required from the Department of Environment and Heritage (Crown Lands) to allow a private landowner to gain access over Crown land to the river; a lease or licence is usually required to allow structures to be placed on Crown Land and for access rights. This can happen only after development approval is gained. Generally, only one mooring structure per landowner (or land parcel) is allowed. The granting of a lease on Crown Land usually requires a Native Title notification process to be undertaken first.

I urge the government to take this matter seriously and get on with it. This is causing considerable angst in the community. It looks like it will reward people who have done the wrong thing if this marina application goes through. The government is asleep at the wheel and the government must take this issue on board.

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