The Bugle acknowledges that there are differing perspectives on this matter.

This article is based on information provided in the Kiama Council Feb 2025 meeting agenda.

We welcome additional details that may further clarify the terms of the construction agreement and its implications.

A follow-up article will be provided after further discussions with relevant stakeholders, including the Gerringong Surf Life Saving Club, following this week's council meeting.

Business once relied on handshakes and informal agreements, but the Gerringong Surf Life Saving Club’s recent experience underscores why clear legal agreements and due process are crucial today.

One classic example is the anecdote about a Jamberoo acre block that was sold in the 1970s.

When the potential buyers arrived to inspect the property, they asked the farmer where the acre block was situated. 

With a sweeping gesture, he said, "Get some pegs and a tape measure and mark it out."

That old-world approach may have worked then, but in today’s regulatory environment, cutting corners leads to complications.

The recent completion of the Gerringong Surf Life Saving Club (SLSC) clubhouse and kiosk is a timely reminder of why following the correct Development Application (DA) process is essential.

While the club has secured a new state-of-the-art facility, the path to completion has highlighted the importance of having clear agreements and adhering to due process from the outset.

Kiama Council, as the owner and landlord of this facility, has now stepped in to ensure compliance.

The demolition of the previous clubhouse has rendered the former lease agreement invalid, requiring a new lease to be negotiated. 

However, according to Item 17.2 in the February Council agenda, Council has opted for a temporary licence to ensure compliance with its requirements for community land use.

Without a formalised and legally binding agreement in place, this expectation has not materialised, reinforcing the importance of having clear, enforceable terms from the outset.

According to Item 17.2 in the February Council agenda, the 12-month temporary licence agreement ensures that the GSLSC operates within the parameters of community land classification, adhering to conditions of consent outlined in the original development application.

According to Item 17.2 in the February Council agenda, these conditions state that the clubhouse is to be used solely as a community facility, not for commercial purposes such as function centres or restaurants.

The Council agenda notes that this has been reiterated to GSLSC leadership on multiple occasions, ensuring that they are fully aware of the legal requirements.

Subletting of any Council facility must follow an open, competitive, and transparent process, typically through an expression of interest or tender. 

Council has made it clear that the GSLSC is permitted to run a kiosk operated by its members and volunteers, as per the terms of their occupancy agreement. 

However, a third-party commercial operation is not permissible under the current classification of the land.

The Council was not involved in any agreements between GSLSC and a commercial café operator, and any claims otherwise misrepresent the situation.

Additionally, Council has outlined that if the GSLSC is unable to operate the kiosk within 30 days of the issuance of the licence, Kiama Council will proceed with an Expression of Interest process to ensure a kiosk is available to the community in compliance with regulations.

Gerringong SLSC President Gary George stated, “The new clubhouse provides a significant upgrade on our previous facility and offers the perfect base for members to keep the beach-going public safe.”

Kiama Mayor Cameron McDonald acknowledged the importance of the project and the role of the Surf Club in the community. “We’re thrilled to see this project come to fruition, and I hope I speak for the whole community in saying we can’t wait to enjoy the new facilities in this incredible seafront location.”

While the community welcomes improved facilities, the challenges faced during the Gerringong SLSC project highlight the risks of bypassing due process. 

Without adherence to the correct procedures, projects can face delays, legal complications, and financial uncertainty.

This case underscores the importance of following regulations from the outset to protect public assets and ensure long-term stability. 

Public assets require careful management, transparency, and accountability.

The DA process exists for a reason. Without it, uncertainty and complications arise.

Following the rules from the beginning prevents these issues and ensures community facilities are managed in the best interests of all.

Footnote:

Under the Local Government Act 1993 (NSW), land owned by a Council is classified as either Community Land or Operational Land.

Community Land:

• Must be used for public purposes and cannot be sold or leased for commercial activities unless specific exemptions apply.
• Requires a Plan of Management to guide its use.
• Leasing or licensing is restricted and subject to public consultation and approvals under Sections 46 and 47 of the Act.

Any reclassification to Operational Land requires a public hearing and ministerial approval.

Operational Land:

• Can be used, leased, or sold for commercial purposes without the same restrictions as Community Land.
• Councils have greater flexibility in its management, and leases can be structured without requiring public consultation.

If Gerringong Surf Life Saving Club’s land remains Community Land, commercial subleasing (e.g., for a function centre or third-party kiosk operator) is restricted, unless reclassified to Operational Land through the appropriate legal processes.