Final Orders from the State Administrative Tribunal Regarding Blowholes Shacks at Quobba

Published on Friday, 19 July 2024 at 11:32:38 AM

Following extensive deliberations, the Shire had proposed a minute of orders aimed at amending the Tribunal’s initial orders. This amendment requires that a or registered building surveyor certify that the identified dangerous shacks are no longer dangerous. This measure ensures that there is a clear, objective standard for determining whether the necessary remediation work has been satisfactorily completed, thereby avoiding potential disputes between parties regarding compliance.

Key Details of the Orders:

Requirement for Independent Certification:

• Shack owners must obtain written confirmation from an independent registered building surveyor, verifying that the shacks are no longer dangerous.
• This independent assessment must be completed by 30 September 2024

Shire's Position on Inspections:

• The Shire’s building surveyor will not independently assess whether the shacks are no longer dangerous, even if the defects identified in the Tribunal process are remedied.
• The obligation is on the shack owners to provide satisfactory evidence, therefore allowing them to manage the future of their shacks.

Implications of Non-Compliance:

• If the shack owners fail to provide the required confirmation by 30 September 2024, they will be required to demolish their shacks by 30 October 2024.
• Should the shack owners fail to demolish the shacks within this timeframe, the Shire may proceed with demolition at the shack owners’ cost.

Shire's Enforcement Role:

• The Shire is no longer required to assess or inspect the shacks but will determine compliance based on whether confirmation from a registered building surveyor has been received.
• Only shacks that have been independently confirmed as safe or deemed not dangerous by the Tribunal will be permitted to remain on the reserve after 30 October 2024.

Restrictions on Repairs:

• Shack occupiers are allowed to perform repairs solely to address safety issues and not to rebuild or construct new shacks.
This decision ensures a safer and more transparent process for the management of the Blowholes shacks at Quobba.
The Shire of Carnarvon remains committed to maintaining the safety and integrity of the community and its structures.

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