OIA clears NPARC of misconduct amid council conflicts of interest

A tenure dispute within the Northern Peninsula Area has forced a Far North tourism operator from land at Seisia. Now the council and its mayor have been cleared of misconduct and nepotism after the same land was leased to the mayor’s daughter.

A 15-year battle over land tenure within the Northern Peninsula Area has forced a Far North tourism operator from land at Seisia and the council and its mayor has been cleared of misconduct and nepotism after the same land was leased to the mayor’s daughter.

Unaware of a long-running land dispute between Northern Peninsula Area Regional Council and Seisia Community Torres Strait Island Corporation, Cape York Adventures director Dave Hartwell purchased the island tour company based at 36 Tradesman Way in 2020.

The dispute dates back to 2008 following a decision by council to embark on a policy of returning land assets back into the control of the community.

Cape York Adventures operates boats from the jetty at Seisia. Picture: Michael Namok

The complicated land wrangle escalated in 2014 when council moved to terminate the Tradesman Way lease held by Seisia Community Torres Strait Island Corporation, which was also the body Mr Hartwell paid rent to.

The corporation started court proceedings against the council which resulted in a court order directing NPARC to fulfil its Deed of Grant in Trust land lease commitments.

In an absence of specific instructions by the court, council took the position that it remained as trustee for the land.

In 2022, council started a review of all DOGIT leases.

Mr Hartwell reapplied for tenure of the land after council called for expressions of interest, but was rejected in April 2023 in favour of Mayor Patricia Yusia’s daughter Tailisa Yusia and her partner Billy Guligo.

In a separate EOI process another daughter of Mayor Yusia, Ugari Nona - and Sebastian Kiwat - were granted a five year lease of neighbouring property at 34 Tradesman Way, which was the base of Far North Plumbing Contractors.

There is no suggestion of any wrongdoing by any of these lessees of 34 or 36 Tradesman Way.

Both Mayor Yusia and Councillor Gina Nona declared conflicts of interest relating to the leasing of 34 and 36 Tradesman Way and did not vote on agenda items when they came before the council in April 2023.

Cape York Adventures director Dave Hartwell has made numerous complaints to the Office of the Independent Assessor about the Northern Peninsula Area Council. Picture: Supplied

Ugari Nona is also the president of the NPA Family and Community Services.

According to council minutes of the April 2023 decision, after Councillor Gina Nona and Mayor Yusia declared conflicts of interest, only three of the council’s six councillors were left to vote on the motion recommending Ms Nona for the lease.

The Mayor’s son Jonathan Yusia (Jnr) has also been granted the DOGIT lease on a vacant block at Lot 317 Lui Street, Bamaga.

Similarly, Mayor Yusia declared a conflict of interest and did not vote on that matter.

Northern Peninsula Area Council Mayor Patrica Yusia.

In response to the contentions land decision regarding 36 Tradesman Way, Mr Hartwell in September this year filed complaints against Mayor Yusia, Councillor Mabalene Whap and Councillor Kitty Gebadi with the Office of the Independent Assessor that centred on the management of DOGIT land leases and alleged conflicts of interest.

Complaints against each person were dismissed and all were cleared of any wrongdoing.

There was no complaint made against Gina Nona and there is no suggestion of any wrongdoing on her behalf.

Mr Hartwell has now relocated to a temporary base but the viability of the business that operates boats and cultural tours of nearby Torres Strait Islands beyond the end of the year is uncertain.

A workshop at 36 Tradesman Way, Seisia.Picture: Supplied

“I’m not bitter but I’m bitterly disappointed in council,” he said.

“They are evicting a longstanding tourism operator out of Seisia to bring in a new tourism operator, offering a much smaller, but similar business.

“My block had been developed over 22 years to suit Cape York Adventures’ business model and now I’m looking at a forced foreclosure with no benefit to anyone.”

Former Seisia Community Torres Strait Island Corporation director Arthur Wong believed the basic principle underlying the Deed of Grant in Trust system was not being followed.

“The DOGIT is so the land can’t be transferred to anyone without the community’s consultation and this has happened without consultation,” he said.

Two vessels operated by Cape York Adventures tied up at the Seisia jetty. Picture: Supplied

According to the OIA, Ms Whap being a director of NPA Family and Community Services Aboriginal and Torres Strait Islander Corporation alongside Mayor Yusia did not constitute inappropriate conduct or misconduct.

The OIA dismissed a separate complaint involving claims Mayor Yusia influenced a decision to award her son, Jonathan Yusia, the Lui St lease.

The OIA’s inquiries found the Mayor did not have any involvement in the matter.

“And it is for this reason that I am reasonably satisfied that the conduct currently complained of does not constitute inappropriate conduct or misconduct,” the OIA report reads.

Former Northern Peninsula Area mayor Eddie Newman said, speaking generally, the move to remove established businesses from DOGIT leases had undermined investor confidence which would have a knock-on adverse impact on remote NPA communities.

Former Northern Peninsula Area Mayor Eddie Newman. Picture: Peter Carruthers

“It’s a shock, because they are established businesses and they are needed in the community, when you lose someone it takes a long time to rebuild.” he said.

Mayor Yusia said council has been “open and transparent” about a move toward the “regularising” of tenure throughout the Northern Peninsula Area.

“For too long this issue has not been addressed and there have been no efforts put in place to legitimise leasing arrangements across the region,” she said.

The Mayor claimed tenure decisions were made in accordance with the Torres Strait Islander Land Act 1991, Aboriginal Land Act 1991 and Local Government Act 2009 and information was disseminated to residents at town hall meetings in Injinoo, Umagico, Bamaga, New Mapoon, and Seisia.

Ms Whap and Ms Gebadi have been contacted for comment.

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Originally published as OIA clears NPARC of misconduct amid council conflicts of interest