Boulder wall bombshell: Who pays to protect the coast as council war hots up with Surfers residents

A lawyer has advised Gold Coast beachfront property owners about who may be responsible for maintaining boulder walls outside their homes to protect the coastline in storm events.

A LAWYER says beachfront property owners are not responsible for maintaining boulder walls outside their homes to protect the coastline in storm events.

Residents have sought expert legal opinion from a Brisbane barrister as council declines to make public its advice from the city solicitor.

PRIVATE LAND TO BE LOST AFTER BOULDER WALLS BUILT

Earthmoving equipment at Narrowneck on the public seawall. Picture: Glenn Hampson.

In 1967, the State Government approved an A-line running parallel to sand dunes along the entire Gold Coast coastline after several cyclones. However, it remains incomplete.

Council supports the strategy, has completed 80 per cent of public seawalls using ratepayer money but unless it frames a new law cannot force residents to build their sections.

A resident had a Right To Information request refused despite canal owners getting full disclosure on revetment wall requirements. Boulder walls can cost $5000 a metre to build.

JUST OVER HALF OF PRIVATE PROPERTIES ON COAST HAVE CERTIFIED SEAWALL

The A-line boulder seawall on the Gold Coast — here it passes through some properties.

“Every attempt has been blocked by council, so beachfront owners sought a legal review and opinion on why the big secret,” the resident said.

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Council had “verbally” enforced ownership and maintenance of seawalls on beachfront owners despite most being built on Crown land within the dune system.

“But there is no local law or policy that enforces such agreement,” the resident added.

The boulder seawall which is the A-line along the Gold Coast coastline — shows it outside the property line.

Councillors met in May in closed session to discuss “boulder seawall legal issues” but a recently released report on that debate and advice removed the section on its legal options.

The Brisbane barrister told residents that they should insist council “as a matter of urgency” provide an update on their obligations.

“At this stage there are no subordinate local laws that specify seawalls to be ‘prescribed works’ for the purpose of the local law,” the barrister wrote.

SUBSCRIBE TO THE BULLETIN: $5 A MONTH FOR THE FIRST THREE MONTHS

Sand erosion at the Spit due to Tropical Cyclone Oma. Picture: Jerad Williams.

“My view is that no steps need to be taken in respect of council’s submission to revert maintenance for seawall to our clients.”

Council reports show 80 per cent of the public seawalls have been built or certified which contrasts to only 53 per cent of private seawall.

A council spokesperson told the Bulletin: “It is not appropriate for council to make generalised comments on a broad subject matter such as legal information pertaining to a seawall.

ERODED COAST BEACHES TO BE RAPIDLY FIXED BY COUNCIL

Sand erosion north of Surfers Paradise. Picture: Jerad Williams.

“If and when any changes are proposed by council concerning governance arrangements for a seawall, including their maintenance, there would be extensive public consultation at that time.”

State laws cover maintenance responsibilities for an approved seawall but council was

“investigating the most effective manner to achieve the construction and maintenance of a continuous seawall” given not all private properties were protected.