Bitter two-year battle ends for Straddie camping business

A Straddie camping hire business has won a ‘hollow victory’ after it refused to pay a fine for allegedly operating on indigenous land.

A bitter two-year legal wrangle has come to an end for a Stradbroke Island camping operator, who was barred from using island campsites for his camp hire business.

Straddie Camper Trailer, Camping Equipment and 4WD Hire’s Paul Mergler was refused a permit to operate on land owned by Quandamooka Yoolooburrabee Aboriginal Corporation in 2019.

He was later fined $700 for allegedly continuing to operate his camping and trailer hire business on QYAC land without a permit.

He refused to pay and in 2019 challenged the fine and the ban in Cleveland Magistrates Court, citing anti-competitive behaviour.

But last week, the case was dropped with Mr Mergler claiming a “hollow victory”.

Camping at Cylinder Beach.

“The state government and QYAC have dropped their charges against Straddie Camper Trailer Hire after two years of torment,” he said.

“A hollow victory for us, but a victory nonetheless. We can now move on,” he said.

“Unfortunately, they have succeeded in destroying something that was unique to Straddie and a great service to so many people who wanted the camp experience, but did not have the equipment nor the experience to set up their own camp.”

The wrangle started in 2018 after Mr Mergler had bought an established camping and trailer hire business.

That business had first started operating when Redland City Council managed the island’s nine campsites before QYAC took over management.

When Mr Mergler bought the business, he would hire out and set up camping vans and trailers on beach campsites.

But after campsite management changed, QYAC told him he needed a permit to use the island campgrounds, managed by Minjerribah Camping on behalf of QYAC.

His $376 permit application was rejected in 2019, forcing him to cancel 18 bookings over Easter that year.

Minjerribah Camping manages the campsites on Minjerribah North Stradbroke Island.

Minjerribah Camping contacted his customers and told them there was no permit to camp at Home Beach but they could hire QYAC glamping facilities at Adder Rock.

Mr Mergler said he believed his permit application was rejected because QYAC did not want competition in the camping and hire sector and because he was not indigenous.

QYAC rejected those claims in 2019 and the Department of Environment and Science issued him with a fine alleging he had carried out commercial activities on the land without its consent in August and September 2019.

Mr Mergler took the matter to court and after he provided more evidence to the court this month, the matter was finally dropped two years after it started.

Divisions on the island grew last year when details of indigenous land use agreements were revealed last year.

The island’s governing indigenous body QYAC was also put under scrutiny.

This week, QYAC said it was unaware of the proceeding outcomes and said the dispute was between the Queensland Department of Environment and Science and Mr Mergler.

The department said many parts of the island were under joint management and permits to use those areas were assessed under joint management arrangements.

It said it had refused Mr Mergler’s permit application “under the law” and added that Straddie Camper Trailer Hire had never had authority to operate in the camping ground areas.

“At the request of Mr Mergler, DES carefully reviewed the initial decision and confirmed the original decision to refuse the application,” the department said.

“Mr Mergler was advised, at the time, of his appeal rights arising from the DES refusal.”

The department said permits were standard requirements for commercial businesses wanting to operate in protected areas and declared Recreation Areas.

It said Main Beach and Flinders Beach, which were subjected to joint management arrangements between QYAC and the state, were two such areas where permits were required.

There are also camp sites on the island exclusively managed by QYAC.

The state government has promised to spend $20 million to help the island build up businesses after sand mining ceased at the end of 2019.

It will also build a new jetty at Dunwich and investment has also been allocated to boosting tourism with a whale watching station at Point Lookout and a new cultural and arts centre at Dunwich.

Investment has also been for the island’s protected areas and beach recreation areas.