What is the current status of the blowholes shacks?
The State Administrative Tribunal (SAT) has issued proposed orders in regards to the status of the Shacks. These orders will be the subject of further submission and consideration, with formal orders to be made on 15 July 2024 at the directions hearing. Please note, the Shire does not feel it is appropriate to comment on the draft orders until SAT makes the final decision.
Are the shacks approved as habitable buildings?
The SAT has made findings that the buildings have not been approved under the Building Act and do not comply with applicable building standards. Further, the SAT has found that the buildings fall within a non-habitable building classification.
Can the Shire allow the shack owners to build new shacks at the same location or in another location nearby?
Note, Carnarvon and the Blowholes did not get the high wind from Cyclone Seroja. Damage to the jetty and boardwalk was from high swells. Shacks have been inspected three times between 2016 and 2021 by the Shire’s licenced Building Surveyor who identified that the shacks are continuing to deteriorate due to environmental conditions and white ant attack of non-treated timbers. The Building Surveyor states that they are at high risk of collapse in high wind. This finding was upheld by the State Administrative Tribunal on 10 of the shacks. The other 12 have since been repaired by shack owners.
The shacks survived Cyclone Seroja so why is the Shire using strong wind as a reason for the building orders?
Shacks have been inspected three times between 2016 and 2021 by the Shire’s licenced Building Surveyor who identified that the shacks are continuing to deteriorate due to environmental conditions and white ant attack of non-treated timbers. The Building Surveyor states that they are at high risk of collapse in high wind. Note, Carnarvon and the Blowholes did not get the high wind from Cyclone Seroja. Damage to the jetty and boardwalk was from high swells.
Does the Shire charge rates or any other fees for the shacks?
No. The Shire has not charged shack owners any fees or charges since 2012. As they do not have any land tenure, to the Shire does not charge leases or rates.
(Subject to Change) Does the Shire allow people to camp at the shacks and charge them for the campsite?
People staying in the shacks are not charged as per Council camping fees. Camping fees for non-resident campers are charged elsewhere at the Blowholes, but not at the shacks.
Will the Shire develop some meaningful parking, shades, seal the road to black rock, have more control with a ranger program?
The Shire will implement the State endorsed Blowholes Reserve Management Plan, which includes a day visitors precinct and camping precinct - pending budget allocations.
Can the Shire give shack owners a lease?
No. The land on which the shacks are located is crown land that belongs to the State Government and is covered under a Management Plan that was endorsed by the State in 2014 which does not allow the shacks to be on this site. Therefore, the Shire cannot issue leases for this area.
What are the future plans for the Blowholes area?
The site will be developed in accordance with the recommendations of the Blowholes Reserve Management Plan 2014-2036 subject to any consideration by the Minister for a better location for new chalets, and of course, budget considerations.
If you proceed to demolish the shacks, what does that mean for the shack owners?
The Shire is working with the State Government to find a suitable location for new chalets as per the Management Plan and Masterplan. These documents provide guidance on the process by which shack owners may have access to a lease on a new site for a chalet.
What approvals are in place that allowed the shack owners to build on the land?
There were no approvals given to build on and occupy the land.
If the shacks are demolished, will the shack owners be charged a tip fee?
This will need to be considered and determined by Council.
How much time do we have before the shacks must be removed?
The SAT has not yet made formal orders in this respect, so the Shire is unable to comment until after 15 July 2024.
If safety is your concern, is the same building inspector that deemed these shacks unsafe and not up to code going to go around the town and inspect every building to make sure that they’re safe and up to code?
The Shire has responsibility for ensuring compliance with the Building Act. In essence, the Shire must ensure structures are safe and compliant whether they are on private land or public land. In cases where the Shire has been made aware of a violation of the Building Act the Shire will investigate and exercise its enforcement powers, where appropriate.
Why, during Cyclone Seroja, did not one shack get damaged but the “new fantastic” Blowholes viewing platform was destroyed?
The Blowholes Viewing platform was not damaged during Cyclone Seroja, but during a Winter Storm Swell in July 2021.
It is obvious to many that the Shire has engineered this situation to your own ends. If this is not the case and there are other justifications, could you please share them?
The Shire received a letter from the Minister of Lands, dated 10 December 2021, stating the state's position that the Management Plan remains in force and the ongoing existence of the shacks is a serious breach of the Management Plan.
"Squatter's rights", because the shack owners have been there for such a long time, why should it be demolished?
There is no basis for an adverse possession claim for Crown land.