Council defers dredging

Gosford Council has deferred the dredging of Ettalong channel for a further month while it tries to convince the Minister of Ports and Waterways to pay the full cost.

It wants his response to its legal advice that the responsibility for maintaining navigable waterways lies with the State Government.

The decision follows council's director of city services Mr Stephen Glen recommendation to contribute a one-off sum of $250,000 to the Department of Lands on the understanding that the state department would design and manage the dredging project.

Mr Glen also recommended funding for the dredging works be included in the future budget review and for council to continue to represent the community in gaining a commitment from the State Government to maintain, at its full cost, the navigational channel into Brisbane Water.

Cr Terri Latella asked that her dissent from the decision be recorded.

"I have been in discussion with a number of community members clearly suggesting the urgency of the dredging," Cr Latella told the October 14 meeting.

"The matter is becoming more and more dangerous and places the public at risk.

"I will not have it - to continue to drag out this decision is just ridiculous."

Council sought a report from its staff in August, assessing the danger of the channel and a timeframe before the channel would be unnavigable.

It also sought legal advice on what action it should take and, if deemed necessary, that the council contribute to the cost of the dredging and seek recompense from the State Government.

An inspection was held on September 29, involving representatives from the NSW Maritime, Department of Lands, Palm Beach Ferry Service and council.

According to a staff report: "The information provided by the representatives of the NSW Maritime and Palm Beach Ferry Service was that the sand shoal has, over a period of time, encroached into the navigational channel resulting in a narrowing of the entrance channel". "While narrowing of the channel was reported to have occurred, the representatives indicated that they believed that movement of the sand had stabilised since March 2008," the report stated.

"It was further stated that there was no expectation that the entrance channel would close since it is kept open by the large volume of water that moves through the channel with each change of tide.

The report stated the width of the channel was reported to present a potential issue where a larger vessel is required to stop in the narrow section of the channel to avoid another watercraft.

"Vessels that are forced to stop, or significantly reduce speed, have diminished steering capacity," the report stated.

"Under conditions of diminished steering capacity, a strong current could force the vessel on to the rocks to the south of Lobster Beach.

"Vessels without significantly more power than the outgoing current are reported to be more susceptible in this scenario.

"This situation is reported to be exacerbated in summer where increased numbers of vessels use the navigational channel to move between Brisbane Water and Broken Bay.

"In addition, it is reported that in summer there is also an increase in the number of small vessels that remain stationary in the channel for fishing which further add to the navigational issues."

The report also stated the Review of Environmental Factors for the proposed dredging indicated the maintenance dredging was expected to maintain the navigable channel for around two to three years, whereupon further dredging would be required.

At the October 14 meeting Cr Craig Doyle insisted the dredging was not a Local Government responsibility.

"If we contribute $250,000 to the State Government, we are going to be cutting a program out of our real agenda if we go ahead with this," Cr Doyle told the meeting.

"This means the community will miss out in the long run.

"As seen through our legal advice, this is a responsibility of the Minister for Ports and Waterways.

"It is council's responsibility to maintain and develop other areas of the community - not the waterways.

"A one-month delay will not have any adverse effects.

"Lake Macquarie Council did not have to provide funding to dredge Swansea channel so why should we?"

According to a council report, advice received in relation to council's role in managing the navigational channel between Broken Bay and Brisbane Water indicates that the obligation to maintain safe navigable waters in NSW as indicated by the NSW Parliament in the Ports and Maritime Administration Act and in the Maritime Safety Act rests with the Minister for Ports and Waterways.

The report stated that council was "not empowered by legislation to go onto the land where the obstruction is located and remove it".

"To ensure that the liability of undertaking any dredging works is not transferred to council, any dredging works would need to be undertaken by the government, with or without a contribution from council," the report stated.

"The dredging of Swansea Channel provides an example where the dredging of the navigable channel into Lake Macquarie is funded and project managed by the Department of Lands under the River Entrances Program.

"As with the entrance channel to Brisbane Water, the bed of the Swansea Channel is owned by the Crown.

"Lake Macquarie City Council has confirmed that it has not provided funding for the dredging project nor is it undertaking the management of the project."

In relation to council recouping any funds it might contribute to the dredging project, council's report stated "the opportunity does not currently exist".

Council agenda CIT.29, 14 Oct 2008