QLD Resources Minister Scott Stewart takes Dockside Marina lessee to Land Court

A years-long battle between a Brisbane CBD marina operator and the State Government, which at one point sparked threats of a ‘sea blockade’, is about to come to a dramatic conclusion.

The State Government is taking the lessee of Dockside Marina in Kangaroo Point in the Brisbane CBD to court in a rare bid to oust it after claims the popular boardwalk is falling apart and is a safety risk.

The Department of Resources has filed an application in the Land Court to start forfeiture action against lessee Ken Allsop’s company Brisbane River Pty Ltd.

The court will be asked to determine whether the lease may be forfeited.

Mr Allsop’s solicitor Bill Morgan, from Morgan Mac lawyers, said his client disputed the safety claims.

But he had presented the government with a maintenance plan several weeks ago involving proposed progressive works, starting from the northern end of the structure, in an effort to satisfy the department’s concerns.

“The boardwalk hasn’t really changed since he took on the lease in 2016. The only real damage has been from a sprinkler system owned by adjacent landowners,’’ Mr Morgan said.

More than 20 commercial boat operators were ordered last year to leave Dockside Marina. Picture: Nigel Hallett

“The government seems intent on using its statutory powers rather than engaging with (Mr Allsop). We don’t think the boardwalk is unsafe, but one view of the report by an engineer engaged by the government is it needs a complete rebuild.

“My client does not want to spend a large sum of money and then the government turns around and says it’s not satisfied.’’

Mr Morgan said his client also was upset the department had announced the court action as it was entering caretaker mode, with the first hearing scheduled for October 4.

The boardwalk has been fenced off since the department issued a safety notice last year.

Mr Allsop has previously accused the government of a campaign to force him out of business by stopping floating businesses from operating out of the marina, including several well known cruise boats, jet ski hire and electric boat companies and a floating restaurant, Prawnster.

Sam Brennan (left) and Chris Dougherty from Prawnster. Picture: Nigel Hallett

Prawnster owner Martin Brennan separately launched action in the Supreme Court last year after he was ordered to close, or move.

However the court upheld the government’s decision.

Mr Brennan and other charter operators at one point threatened to “blockade’’ the river in protest at their treatment.

A spokesman for Minister Scott Stewart said the government had begun forfeiture action against Mr Allsop after working with him for several years to rectify what it alleged were safety issues, particularly surrounding the boardwalk.

The lessee had not addressed those issues adequately and the Department had now applied to the Land Court to determine whether the lease could be forfeited, he said.

“We expect lessees on government property to meet the conditions on their leases,’’ Mr Stewart said.

Cranes at work on the site of Drift Restaurant on the Brisbane River at Milton. Picture: Lachie Millard

“The Department of Resources has worked tirelessly for several years to bring the lessee to compliance with the conditions of its lease, from removing commercial vendors from the site to issues with electrical and boardwalk safety.

“We believe the lessee has failed to maintain improvements within the marina in a good and substantial state of repair, namely the boardwalk, and the government has now taken action.”

The government and residents in the nearby Dockside highrise unit towers have claimed the decking at Dockside was unsafe and support structures underneath were rusting, claims Mr Allsop has previously denied.

Mr Allsop’s lease was due to expire in about a decade.

Mr Morgan said if his client’s lease was forfeited then taxpayers would have to foot the bill for any maintenance.

At one stage he also owned floating restaurant Drift, which had to be dismantled and moved by the government at a cost believed to have run into the millions after it was washed on to the Bicentennial Bikeway upstream at Milton in the 2022 flood.