DEC ISIO N NO. CABINET MINUTE

BRISBA NE, J I .,..... /19 ~

SUBJEC T: __c_ o_n_t _ro_l _o_f _R_c_c_r_c_u_l_i_o_n_u_l_ A_c_t_i_·v_i·_t_i_·c_s_ -______~

Lake Wivenhoe und Environs .

______(Submission No. _ _ 4_~_"_'.P._~__ ) a.m. .3c. Coples Received at

Coples • Made CIRCULATIO N DETAILS 2 1 1 GOVERNOR Decision Fi: e SI R .JOH "'T"'• v '- 22 2 PETERSEN _ ,/ ' . ..,, . ,,,,· ,~:e.z - • • L' • 4 vpy 3 MR . GU?ffi 23 ,,.,/ ./"':;,/ #.' ~;,,, .f i•I :!.. - ...... " ~ r u ., I• 4 l"R • Hil'JZE 2 4 -/ ,,.,,/ . - j#J ,, , ~ ' · 1. - , - MR . c ry c 5 'IHARTO?J 25 . '(-;;~~·/ 6 MR . GIBBS 26 . ~ ~ .. l,.A' ,.., /J' / ,r, 7 MR , AHERN 27 ~---, ,,,, - • - & .6 /--· 8 MR . LAME 28

I 9 MR . GLASSON // I 29 • , 10 MR . AU STU' 30 ' ~ /. ? .,,,. , ~r - ,( -- ...,, r . .,. J -·::... •? ,," , 11 MR . PO HELL 31

12 32

13 MR . TURNER 33

14 MR . LESTER 3 4 - 15 MR . TENN I 35 -

16 MR . HARPER 36 - . 17 rm . ~:U NTZ 37 '

18 MR. MCKECHN I E 38

19 MR . '

r r s T R r r T r n

C A I , " I "'' tt T ... Copy :·o. __2_ U_

nr1sbane , J;tl: rerruary, l' .,I'.

recis1on •o . 4801

TIT!,f : Control of '.'ecreat.10n<' 1 Activitiec; - Le1.:c 111venhoe anci !:'nvirons . • • That a,; n matter c-f ur11n1c~,, ·'iscu!O:.;ions l)e held betl•cn all interested parties , in or~cr to settle matters i n relation to cc-nlrol of rccrcat~onal activities at LaJ·c "i V<'nhoe anc' Bnvirons raised in the SubmissJ.on so that firm proposals micht be p.l.aced ''efore Ca">inet for its deter mination . •

CIRClJLATIOl': De- rt"'lf'nt of r.oc-.1 Govt>rl'.ment and coriy • to • inister . Prcm1~r's ~enartment and co~y to Premier <>nc1 'l'reasure r . Tr easury I:'e');:irtment and copy Lo Deputy Pr Pr-.- "r and inister Assist.inn the Tr easurer . ~e~artment of Lands and copy to I inister . All other ' i::usters for nerusal and return .

Certi fieci

~rcreta r ., to Cabinet . 43288 SECURITY Cll1SSJrlCATION "C" - CONFJOENTIAL SUBMISSION NO. L COPY NO. FOR CABlllET Control of Recreational Acti vities - Lake Wivenhoe and Environs

1. In terms of the and Area Water Board Act, one of the functions of the Brisbane anl Area Water Board constituted under the Act is to provide, operate, rotect and maintain such recreational facilities as the Board sees fit at headworks or on any other land or property 01med by or under the c ntro 1 of the Board . In order to carry out this function, the Board is rmpowered to enter into corrrnerci a 1 ventures incidental to the operation of tnose recreational facilities and to let out to other persons the operation of those faci l ities or ventures.

2 . The function referred Ito above was vested in the Board by an amendment to the Act in 1983 , the feeling at that time being that thi s was a role that should be pl ayed by the Board but legal advice • was that the Act did not contain specific powers to enable it to do so . The Board does, in fact, carry out these functions , in its own right, at Somerset Dam and North Pine Dam l'lhich are under its control and as a delegate of the Co-ordinator General at the Wivenhoe Dam where the control of land has not yet passed from the Co-ordinator General • t o the Board. 3. Under t he Brisbane Forest Park Ac t, there is established an Administration Authority which, pursuant to the Act and bylaws made thereunder, has power to control for recreation and other purposes, land placed under the jurisdiction of the Authority, pursuant to the Act. This land does not presently include lands comprising the Wivenhoe Dam and its environs . 4. Cabinet recently decided that the Brisbane Forest Park Administration Authority should have delegated to it by the Brisbane • and Area Water Board the management and planning of recreational and outdoor educational functions at Wivenhoe Dam . The implementation of this decision would appear to require ~~endment of the Brisbane Forest Park Act and possibly of the Brisbane and Area Water Board Act . • 5. An amendment of the Brisbane Forest Park Act would appear necessary to empower the Authority to manage and control recreation areas around Lake Wivenhoe - at present it only has jurisdiction over 1 Brisbane Forest Park lands which do not include Hivenhoe lands . The l extent of management and control of such lands by the Authority would I also need to be spelt out in the legislation. 6. If the control and ma nagement of recreation areas at Wivenhoe Da rn is to be the sole prerogative of the Authority, it will also be necessary to ainend the Brisbane and Area Water Board Act to remove the 19B3 provisions under which the provision, operation, main tenance etc . of recreational facilities at Wivenhoe Dam are declared to be functions of the Brisbane and Area Hater Board. If Cabinet ' s decision i s imp lemented these functions l'lill be exercised by the Forest Park Authority. 7. In the framing of the necessary legislative amendments referred to, there appear to be a number of practical problems which will need to be resolved. Details of ones that invnedi ate ly come to mind are set out hereunder. 2.

(a) If the Forest Park Authority is to be responsible for recreational facilities at Wivenhoe Dam, then i~ seems that additional staff will need to be secured by the Authority. A figure of 11 staff, some of whom 1~ould require technical qualifications, has been quoted. The question arises as to the funding of such officers and ancillary establishment costs (cars etc. ). Are these costs to be met by the Forest Park Authority or is it to be authorised to bill the Water Board with such costs? This, of course, involves a policy decision . (b) Under the Brisbane and Area Water Board Act the Governor in Council has po~1er to make regulations to regulate and control the subdivision, use and management of lands and the erection and use of buildings on land within a dam catchment area for the purpose of protecting the quality of water stored or to be stored in a dam controlled or proposed to be controlled by the Board. Subject to consultation between the Board and local Authorities within the Board's Operational Area, these regulations may prescribe guidelines to be observed by the Local Authority concerned in the implementation of its town planning sche:ne and the Local Authority in question has to observe the guidelines so prescribed. If, as a result of the prescription of the guidelines concerned, a local Authority has to pay compensation for injurious affection because a land owner is precluded from using and developing his land, the Act provides for the Hater Board to meet the cost of the injurious affection. • If the inhibition on land use is attributable to controls applied by the Forest Park Authority, is it to be responsible for injurious affection costs?

(cl The Sri sbane and Area Water Board Act a 1so empowers the Brisbane • and Area Water Board to make bylaws, with the approval of the Governor in Council, dealing with the use, management and preservation of lands owned by or under the control of the Board and in respect of the recreational use of dams under its control. It wi 11 be seen that, if the Brisbane Forest Park Authority is to have control over the recreational use of dams and lands surroundirg d~~s under the control of the Board, then it will be necessary to ensure that there is no conflict between any regulations made under the Water Board Act and byla~1s made by the Board .

The prime aim of Regulations and bylaws under the Water Board Act is to protect the quality of water in dams under the Board's control • and it will be necessary that any action that might be taken by the Forest Park Authority will not disturb this objective . (d) Under the Brisbane and Area Water Board Act land vested in • or under t he control of the Board is declared to be rateable land for the purposes of the local Government Act and the Act . This declaration provides also that land submerged under the waters of dams under the control of the Board is rat eable. If the Brisbane Forest Park Authori ty is to be given control over certain of the Board l ands, it will be necessary to consider whether the ratcability of such lands is to be affected and , if the land is to remain rateable, who is to be responsible for the payment of rates . Loca l Authorities concerned, viz. Esk Sh ire Council and Kilcoy Shire Council, would no doubt protest at any loss of rate revenue. (el As previously stated, the Water Board is given extensive powers to regulate the use of land in the catchment area of dams under its control in order to protect the quality of water stored in such dams . If the Brisbane Forest Park Authority is to exercise powers over lhe planning and use of land for recreational purposes, there would be a need to specify in the legislation or in subordinate legislation thereunder the precise controls that may be applied by the Authority. 3.

In short, it appears that the ~later Board should be clothed with authority to apply controls in order to protect the quality of water in dams under its control and the Forest Park Authority with authority to control the use of lands for recreational purposes. If there is any conflict in regard to the exercise of controls by the two bodies, it is considered Lhe 111,1Lter l'lould need to be resolved by the Governor in Council . Since the predominant purpose of the exercise i s the supply of water to the and Local Authorities in South East , it appears that any matters in dispute between the Board and the Authority should be referred to the Minister administering the Hater Board Act who would report to Cabinet ..iith recorrmendations after consulting with the Minister administering the Brisbane Forest Park Authority legislation. (f) The decision of Cabinet referred to previously herein provides for the recreational use of land surrounding Wivenhoe Dam to be controlled by the Brisbane Forest Park Authority. The Brisbane and Area Water Board, of course, also has under its control Somerset Dam and North Pine Dam and the question arises as to whether the recreational use of lands surrounding these dams is also to be vested in the Forest Park Authority. If this is to be the case, special provision would need to be made in the enabling legi slation . • (g) It has always been the intention of the Brisbane and Area Water Board to use the facilities by Local Authorities in the Area of Dams administered by it to carry out some of the work required in the provision of recreational facilities etc . It would seem that this • may not be the case if this work is t o pass to the Brisbane Forest Park Authority. B. There could be other matters that will arise in thP framing of the necessary legislation to give effect to the decision of Cabinet . It ~1ould seem desirable, there.fore, as a matter of urgency , for discussions to be held between all interested parties in order t o settle these matters so that firm proposals can be pl aced before Cabinet for its determination. • I. R.J. HlflZE Mini ster for Local Government , • Main Roads and Racing Departmen t of Local Government, BRISBANE. 31/1/86