Coastal Conveyancing – Not Always Smooth Sailing

The conveyance of coastal and waterfront properties in Queensland requires consideration of several additional issues which are not applicable to land-locked properties.  Queensland is truly gifted in its natural beauty and much of this is thanks to its coastal ecosystems.  To ensure this is preserved for the future, certain protections have been put in place. There are also important considerations which must be contemplated in relation to the access of the coastal and marine areas bordering properties.

In relation to the issue of ecosystem protection, issues such as declared fish habitat areas, coastal management districts and erosion prone areas must be considered.

The intention behind fish habitat areas is to ensure that any development on parcels of land, which adjoin a fish habitat area, do not adversely impact on the coastal marine habitat.  These fish habitat areas can often be located within close vicinity of marina precincts or canal developments stretched right along the Queensland coast.  The other possible application is for purchasers of established properties at marinas or canal developments who intend, at some stage after settlement, to conduct renovations, alterations or extensions to any improvements which may extend into the coast ecosystem.  These may include existing boat ramps, jetties, marina pontoons, or any other structure extending into the coastal ecosystem.

Prospective purchasers should consider the impact of any declared fish habitat prior to entering into a contract for vacant blocks of coastal property, as this will largely govern what the purchaser will be entitled to construct, in terms of any pontoons, jetty, boat ramp or other structure and the legality of any existing structures currently located therein.

The declared fish habitat areas in our region include Edgecombe Bay, Bowen; Broadsound, Cape Palmerston and West Hill, South of Sarina; Repulse between Conway Beach and Seaforth; and Sand Bay between Cape Hillsborough and Shoal Point.  Maps are available for each of these fish habitat areas on the Department of National Parks, Sport and Racing’s website.

As noted above another issue requiring consideration in relation to coastal properties is whether the subject property falls within a coastal management district or an erosion prone area. A prospective purchaser of a piece of coastal property should make enquiries with the Titles Office Queensland, and the Department of Environment and Heritage Protection as to whether the property is located within a coastal management district or erosion prone area. In the event that a property is located within a coastal management district then additional requirements are placed on an owner of such property should they decide to redevelop, renovate or build on the land, and the works may be subject to the provisions of the Sustainable Planning Act 2009 (Qld) relating to coastal management districts.

In relation to erosion prone areas, a prospective purchaser may need to engage the services of a surveyor to ensure that the subject property will not in the future, likely be affected by erosion and/or tidal inundation.  Clearly this may be difficult to ascertain given the complex and varying nature of the coastal erosion process.  However, erosion prone area plans are located at the various regional council planning departments and can be made available to prospective purchasers upon request.

The final issue for consideration in relation to coastal properties, and in particular those with pontoons, jetties or platforms which extend into the coastal environment, is the precise type of tenure related to these external structures. It is important for a prospective purchaser to know whether or not they own a pontoon, jetty or marine platform and whether this area forms part of the area of land that they are purchasing, or whether there is some other arrangement in relation to these structures. In the majority of situations, the area in which the pontoon, marina berth or jetty is constructed will not, in fact, be owned by the landholder and will instead be the subject of some form of seabed floor lease.

It is clear then that a prospective purchaser should be advised in relation to the contents of the seabed lease including the term of the lease; the annual rental and to whom this is payable; the obligations of the lessee in respect of maintenance, canal or marina levies/contributions and insurance. Purchasers should also be advised whether or not the lease is in some way “tied” to the title of the freehold parcel of land, either by way of restrictive covenant or easement.

It is clear then that buying a beach house or building your dream home at the marina may not be as straight forward as first thought. If you have any queries in relation to that outlined above, please do not hesitate to contact one of our experienced conveyancers in Mackay so that we can ensure your conveyance is indeed smooth sailing.