Analysis of Proposal
Sunday 2 Sept 2018, BCC has launched another ratepayer funded media campaign but omitting
many details and adding more issues. The advertising displayed:
No noise (machinery or yelling patrons)
No shuttle buses for transport
Riders gliding slowly (video) but actually at 60 kph the ride is 1 to 2 minutes
No towers to support the 335m suspension bridge
Trees in close proximity to infrastructures in a high fire hazard area plus requiring access tracks for injuries & maintenance
No Environmental Impact Study only "extensive vegetation studies" - why the reluctance by BCC to get the full picture?
Developer says price comparable with other Australian zipline experiences but $100 for 1-2 min ride while others $60-$120 for 2.5 to 3 Hrs.
Extended hours of operation for Scenic Zipline (Megazip) 7am - 10pm
Vehicle width asphalt/cement walking tracks in the wilderness and safety concerns with zipline patrons flying overhead
Extended Tree Canopy Zipline now nine tree stations with two extensive towers (video) - more tree clearing?
Are ratepayers' funding the whole $16m+development - introduced as "council's proposed scenic zipline" Channel 7 News 2.9.18
Actions page for how to object.
Developer says price comparable with other Australian ziplines but $100 1-2 min ride, others $60 - $120 2.5-3 hrs
We are grateful to Mr Alan Lee for his analysis of the original proposal based on the information we had at the time, gleaned from Council publications, public meetings and his own research. The details of the proposal may have change but the principles won't.
Alan Lee is an environmental scientist with over 40 years of experience. He has conducted Environmental Impact Studies for new mining developments, power stations, quarries, tourist resorts and many other large private sector developments.
So far, no environmental impact information has been provided by the proponent, Brisbane City Council, and
Council has indicated that if the development is "Code Assessable" then no environmental impact information may be produced. In the current absence of this information, Alan has considered the existing situation of the Reserve and potential impacts of the proposed development. These include noise, heritage values, flora and fauna, traffic and road safety, visual amenity, cultural heritage, economic environment and alternative locations for similar activities. This information has been compiled into a document entitled "Environmental Overview. Proposed Development of Multiple ziplines in Mt Coot-tha Forest Reserve and Mt Coot-tha Botanic Gardens", to assist the community to understand and consider the proposal.
Alan is in a unique position to critique the zipline development, having been involved in researching an alternative proposal. His comprehensive professional analysis can be found opposite.
Over 9,000 views
Channel 7 News - 17 June 2018: Alan Lee interview at Rally
2016/2017 Map - PUBLIC CONSULTATION FOR THE PROPOSED PRIVATE ZIPLINE DEVELOPMENT LOCATION (BCC)
Deed of Grant in Trust DOGIT
Environmental Defenders Office, 18 October 2018
There is a lot of community interest at the moment in the proposal by Brisbane City Council to build a zipline project in the Mt Coot-tha Parkland DOGIT. So we thought it would be helpful to explain just what is a DOGIT?
DOGIT stands for a Deed of Grant in Trust and is a form of property rights in Land. It helps to think of property rights as a bundle of rights in land, including the right to enjoy, control, exclude others and buy and sell.
In Australia, apart from native title, all property rights start with the Crown (ie. the Government).
Government can grant rights to land and usually grants Freehold title which is the full bundle of rights to enjoy your land. This is usually what you get when you buy a house.
But government can also grant a partial set of rights to land through a lease or on trust. An example of a lease is the pastoral leases which cover much of Queensland and, unlike freehold, are limited in time and usually for a limited purpose, such as grazing.
Trust land is land that is granted on trust for a particular purpose. It can only be used for that purpose and typically can’t be bought or sold. That is what a DOGIT is: it’s a deed of grant of land in trust. They are now administered in Queensland under the Land Act 1994 (Qld).
DOGITs have fallen out of favour recently but were once popular ways of granting Aboriginal reserves and public park land. A prominent example in Brisbane is the Mt Coot-tha Parkland created in 1933 for the purpose of “as a site for a public park and for no other purpose whatsoever”.
Although trust land must only be used for the purpose for which it is given the holder of the trust land can apply to the Minister to approve actions or leases inconsistent with the purpose. The minister can approve those actions provided they are satisfied the actions or leases do not diminish the purpose of the DOGIT.
The current Minister administering the Land Act 1994 (Qld) is Minister for Natural Resources, Mines and Energy Dr Anthony Lynham.
For example the Brisbane City Council has acknowledged the Zipline project is inconsistent with the purpose of the Mt Coot-tha Parkland DOGIT by applying to Minister Lynham for approval of this action.
If you think Minister Lynham should reject the proposed inconsistent use you can write to Minister Lynham.
This is for general information purposes only, it is not legal advice. Important legal details have been omitted to provide a brief overview of this area of the law. If you require legal advice relating to your particular circumstances contact EDO or your solicitor. © EDO Qld Current as at October 2018.
Sean Ryan, Principal Solicitor at EDO QLD
Scenic Zipline (megazip) launching & viewing platforms; Tree Top Canopy zipline over walking track & tower in Botanic Gardens Images: Channel 7 News 2.9.18 & BCC
Mt Coot-tha Summit city view; Frogmouth & Lookout Trails
Mt Coot-tha Botanic Gardens Melaluca Lake; Japanese Garden & lagoon