Liability fiasco cuts off access to popular falls

A hinterland property owner has been forced to erect a fence across a popular walking track to a waterfall to avoid liability concerns caused by the trespassing public.

A HINTERLAND property owner has been forced to erect a fence blocking a popular walking track to a public waterfall in fear of liability concerns caused by the trespassing public.

James Becker, who owns private property containing part of the track to picturesque public Lip Falls, put up a metre-high fence in recent weeks on his Lot 13 Beechmont land.

It has blocked off the only access to the Lip Falls and frustrated residents say it is the fault of Scenic Rim Shire Council (SRSC) dithering.

Ownership of the path to the Lip Falls, part of SRSC’s Denham Reserve, has been contentious for years.

As well as part of the Lip Falls track, Lot 13 also takes in the picturesque Cavern, Rainbow and Twin Falls — all part of the Back Creek gorge system.

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Fences cutting off access to Lip Falls.

Lot 13’s owners said last night the property was fenced to secure the boundary.

A Becker family spokesman said: “The public accessing the private property creates substantial public liability issues. The tragic death at Killarney Glen unfortunately reminds us of what can go wrong.”

A 19-year-old man drowned in the gorge’s heart-shaped waterhole owned by the Department of Defence in December 2016 after he was trapped underwater and never resurfaced.

It is understood the Beckers previously approached the council seeking indemnity because of concerns but no agreement was reached.

The Bulletin understands two tour groups have since entered into an agreement with the owner to continue access to the property and path to Lip Falls.

This is not the first time the access to the reserve has closed.

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The Denham Reserve area home of Lip Falls, managed by the Scenic Rim Regional Council. The orange line depicts the Lip Fall track’s path off the public reserve and onto private property.

In 2017, the SRSC erected two closure signs after a visitor increase, illegal parking and the death.

Longtime Beechmont resident Jack Hopkins said it was frustrating to reach a point where permanent barriers were built.

“Council has dropped the ball,” Mr Hopkins said.

“The council has had years, they have even had the opportunity to buy the property but said they couldn't afford it. We have seen no progress.

“The Scenic Rim Council needs to purchase the access and the Gorge system. If done properly it would be a huge tourism draw card.”

Beechmont’s Pat Fitzgerald has called for public ownership of the Back Creek gorge system.

He is not alone. In 1987 the Royal Australian Institute of Parks and Recreation recommended the properties should be under public ownership to “guarantee further access to these rare resources”.

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LIP Falls and swimming hole have been closed since 2017 but residents were still able to access the walking track until now. Beechmont. Bob Fairless

In March, last year, the Gold Coast Bushwalkers Club Inc wrote to the Premier and Opposition with a similar request.

“There is a very simple ‘win-win’ solution to this problem,” Mr Fitzgerald said.

“All that is needed is leadership and political backbone. For the owner, public ownership of the system would solve his liability concerns.

“Why didn’t the council put a stop work order on this activity. They must have known a significant impact was looming in respect of an adverse impact on public interest and loss of community access to Lip Falls.”

Area Councillor Virginia West said she was aware of the new fence.

“Obviously the land owners there have concerns about people crossing into his property. We were looking at ways to have it rectified.”