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Whitsunday Regional Council is extremely disappointed to have been advised that the Airlie Aqua Park will not be opening this weekend as scheduled due to the threat of legal action against the park operator from a small number of residents.
Council’s Director of Planning and Community, Mr Dan Staley said Council assessed an application for the commercial use of local government owned and controlled land, being the marshalling area for the aqua park, above the high water mark located at Beacon’s Beach and as such a subsequent approval on a temporary basis was provided by Council resolution.
“To assert that this activity is “development” and should be assessed in a similar manner to that of a permanent structure is fanciful.”
“In relation to the on water Airlie Aqua Park this again is not “development” and the operator is not undertaking “tidal works”.
The park is an inflatable, moveable, temporary structure, situated on water in an area of beach that is not in front of any properties. The Aqua Park has not and is not undertaking works, but is weighed down by plates sitting on the sand as a “mooring” point, these again are moveable and temporary in nature.”
Whitsunday Regional Council has also received legal correspondence from the residents concerned and will defend any action taken in respect to the approval process of the Airlie Aqua Park.
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