Coopers Island Road sell-off
opposed by speakers
By Alex Rea
Four of the five presenters to Council Public Access session on Tuesday addressed Council proposal to sell Coopers Island Road to the landholder of Coopers Island. (see pages 10 – 12 for some of the presentations).
Max Castle, representing for the Peak Recreational Fishing Body – Recreational Fishing Alliance for NSW said “It is disappointing access to Bowns Creek and Trunketabella Lake has not been reopened as instructed by a previous General Manager. Her instructions to remove fencing has been ignored.”
“The proposed Coopers Is Road closure will eliminate safe and reasonable access to a public waterway which as existed for at least 100 years. I understand our first nations people are very concerned and they express their concerns.”
“The proposed sale of Coopers Is Road eliminates safe and easy access by using Coopers rd. On that basis Council are effectively closing down part of a public waterway. This position needs to be challenged as Council don’t have that authority.”
Mylene Boulting asked “what has happened since 2021 that has led to a 180 degree about-turn and instead propose to sell this road?”
Recreation fisher Sue Dunk called for retaining public and cultural access. “It’s not just fishers and kayakers.”
Tuross River Bridge is 18 km round trip – It’s not an option.
Doubt anyone in the room could do it.
40m x 15m strip of crown land.
Chris Jones, past secretary of Tuross Lakes Preservation Group recalled work to replant degraded banks from the 1990s.
Walbunja elder Terry Hill called the actions of council being used as a tool of dispossession. “The site is important… it’s not just a Koori issue – it’s a whole of community issue.”
Mr Hill said “If causeway was crown land and the given away it’s has breached the native title act….Let’s put a ramp in and develop it for everyone…. Council is being used to take away our birthright.”
Max Castle presentation 9 December 2025
Fitzroy Boulting presented to Council on behalf of Max Castle at the Public Access Session on 9 December 2025:
I will be representing for the Peak Recreational Fishing Body – Recreational Fishing Alliance for NSW. (RFA)
It is disappointing access to Bowns Creek and Trunketabella Lake has not been reopened as instructed by a previous General Manager. Her instructions to remove fencing has been ignored.
* The DPI Minister has stated she wants to see a joint solution. To date no alternative access has been identified.
* The Lands Commissioner recommended Council not to proceed with the closure of Coopers Road.
* After numerous attempts to see the Road Permit for Coopers, neither Land Services nor Council have provided a copy. Why?
* The proposed Coopers Is Road closure will eliminate safe and reasonable access to a public waterway which as existed for at least 100 years. I understand our first nations people are very concerned and they express their concerns. The community invested $20m million from Fishing licenses income to establish Recreational Fishing Havens through NSW.
* The proposed sale of Coopers Is Road eliminates safe and easy access by using Coopers rd. On that basis Council are effectively closing down part of a public waterway. This position needs to be challenged as Council don’t have that authority.
* I refer to the NSW Upper House Select Committee on Access to
restrictions to Public Lands. Community presentations are taking place. I therefor request an extension of time for Council to receive the recommendations before proceeding to sell Coopers Rd.
In the interim I recommend the fencing be removed to allow public access.
Max Castle
Vice President RFA - NSW 8.12.25
PRESENTATION TO PUBLIC ACCESS – 9/12/25
Mylene Boulting on Sale of Coopers Island Road
Good Morning Councillors and all present,
I’d like to begin by acknowledging the Traditional Owners of the land on which we meet today and pay my respects to Elders past and present.
Thank you for the opportunity to speak to you today regarding the proposed sale of Coopers Island Road.
My name is Mylene Boulting. For the past 15 years, I have had the privilege of living close by the shores of the beautiful Tuross Lake, a part of the expansive Tuross River Estuary.
I was very surprised to recently learn through local media about the Council’s proposal to close and sell Coopers Island Road.
Recent history
As you know, since the Coopers Island farm changed hands in 2017, the landowner has consistently sought to purchase this public road.
I would like to take a moment to commend the hard work of the Council staff, who have for years listened to the community’s concerns and supported our desire to keep this road in public hands. I distinctly remember the site inspections and meetings led by the then Infrastructure Services Director and his team. The comprehensive report produced by Carlisle Ginger played a key role in shaping the Council’s previous decision.
It was a relief when, in June 2021, we learned that the Council had formally determined not to sell Coopers Island Road. The Council even organised and paid for the road realignment to meet title requirements. There were also discussions about improving the parking area near the causeway, with plans to enhance accessibility for people with mobility impairment, allowing more members of the community to enjoy the natural beauty of Bowns Creek.
So, what has happened since 2021 that has led to a 180 degree about-turn and instead propose to sell this road?
Council’s media release states: “A detailed Crown Solicitor’s investigation has revealed the causeway and adjoining land are privately owned.” This was astonishing to us, as it seems nobody—perhaps not even the landowner—was aware of this.
Preliminary enquiries made with Crown Lands show that their historical research indicated the causeway belonged to no one. It wasn’t included in the original land grant, nor was it listed as Crown land. Yet, the Crown Solicitor now recommends transferring it to the island’s landowner, with apparently little reference to other closely interested parties such as the local community whose wishes the Council is supposed to represent.
This decision, which one experienced commentator has described as “very unusual”, has effectively transformed Coopers Island Road into a road to nowhere for the public.
I would appreciate it if the Council could help clarify the following questions:
- Who decided that the best way to facilitate the sale of this road was to make it effectively useless to the public?
- Who initiated the historical status searches with Crown Lands and what was the rationale behind it?
- How has the Crown Solicitor concluded that the causeway should be gifted to the landowner, especially when it clearly serves as a natural extension of a public road?
- Is the Council accepting the Crown Solicitor’s advice without the further scrutiny or examination all the circumstances and the above questions would very much seem to require?
I , along with many others in the community, also seek to understand the rationale behind the urgency in moving forward with the sale. The Council became aware of the Crown Solicitor’s findings in September of last year. Given this, why has it taken over a year to proceed with the closure and sale? Additionally, the timing of the community consultation period—noticeably set at the bare legal minimum of 28 days and coinciding with the start of the holiday season—does not provide adequate opportunity for meaningful public input. This timeline clearly limits the community’s ability to fully engage with the proposal, to further investigate with Council and relevant agencies, and to canvas the alternative solutions.
I appreciate the Council’s time and consideration in reviewing these concerns. The issues raised are of great importance to many in the community, as evidenced by the reactions posted on Community Noticeboards. I look forward to your response and hope that the Council will take these matters into careful consideration rather than proceeding precipitously.
Mylene Boulting.
Turlinjah
Sue Dunk Presentation to Public Access 9 December 2025
I make this submission regarding the proposed closure and sale of Coopers Island Road , and urge Council to consider alternatives that protect public access, recreational use, and Aboriginal cultural heritage. Specifically, I request that Council:
- Explore the sale or transfer of the road to a community-managed trust or Local Aboriginal Land Council (LALC)rather than to a private owner.
- Support the compulsory acquisition of a very small parcel of private landto secure an access corridor to the foreshore below the mean high tide mark, ensuring continued access for all.
- Background / Context
- Historic public use:Coopers Island Road and causeway have provided access to Tuross Lake and Bowns Creek for recreational fishers and kayakers for over 100 years.
- Cultural heritage significance:The area holds Aboriginal cultural and traditional fishing significance, with evidence of thousands of years of Indigenous access. Artifacts and middens can be found in this area.
- Current land status:Council’s exhibition notes that the land is partly privately owned, but historically functions as a public road and access corridor.
- Risks of Sale to a Private Owner
- Restricts longstanding public and recreational access.
- Could limit Aboriginal access to traditional cultural sites, contrary to the Aboriginal Heritage Act 2006.
- Ignores the community benefitof retaining public and cultural access.
- Councillors, are you aware, this area is used by other community groups besides fishers and kayakers including birdwatchers, photographers, artists and those with disabilities. I have personally witnessed members of the public photographing and watching waterhens at the end of the road
- Proposed Solutions
- a) Community Trust or LALC Ownership
- Council could transfer ownership to a trust or Aboriginal Land Council, ensuring management, maintenance, and governance remain community-led.
- Supports long-term stewardship, protects cultural heritage, and maintains public access.
- b) Compulsory Acquisition of Small Private Parcel
- I request the NSW Government and Council support compulsory acquisitionunder the Land Acquisition (Just Terms Compensation) Act 1991 to establish a permanent access corridor to the foreshore below mean high tide mark.
- This guarantees:
- Over 100 years of continued access for fishers and kayakers.
- Thousands of years of traditional Aboriginal access.
- Protection of recreational and cultural heritage valuesfor future generations.
- Access to the Eastern Riverbank. A strip of land measuring approx. 40mtrs by 15mtrs has been identified as Crownland in the latest Crownland Survey.
- c) Legal / Policy Support
- Crown Lands policy allows vesting of closed roads as reservesfor community or public purposes rather than private sale.
- Why is Crownlands not releasing its findings on how the Crownland Solicitors gifted the Causeway to the landowner? ESC is now claiming it was a safety issue, and Crownlands claim it was a Land Title issue. What is the truth?
- Easements or heritage agreementscould formalize public and Aboriginal access rights while ensuring maintenance and cultural protection.
On 8th June 2020, ESC voted that the road was not to be sold. ESC granted $40,000 to pay for realignment of the road, grading, survey, fencing and installation of a carpark. I asked ESC how much was actually spent on this project. I received an answer on 8th December 2025 and the council employee could not / did not know the total amount spent.
Councillors where is the transparency in this. There is none. You have wasted so much of RATE PAYERS money on Coopers Island Road and now only one rate payer will benefit. Are you ever going to tell the ratepayers the truth. I lodged a GIPA request Sept 2024 with ESC. Debbie Abbott asked for an extension of time which I granted. As it was coming into the Christmas break another extension was granted. As of today, 12 months later,I am still awaiting an answer. It’s obvious that ESC does not take GIPA requests seriously
It is wonderful that ESC has spent $130,000 on the upgrade of Tuross River Bridge carpark. It needs to be noted that you DID NOT upgrade the boat ramp. For ESC to suggest that kayakers can use this boat ramp to access Coopers Island / Bowns Creek is ludicrous as well as laughable. This is an 18km round trip, without even fishing and I would love to see ever Councillor undertake this task. It would be fair to say, nobody in this room would be able to manage that task. There are also safety concerns in the event of inclement weather and the distance needed to paddle. ESC, don’t push this agenda onto the community as it is clearly not an option.
Recommendation
I respectfully request Council to:
- Withdraw the current proposal to sell the road to a private owner.
- Negotiate with Local Aboriginal Land Council or a community trustfor ownership and management.
- Support compulsory acquisition of the small private parcelto secure a permanent foreshore access corridor.
- Implement easements, heritage agreements, or management plansto protect access, cultural sites, and public recreational use.
- Conclusion
Following a call for submissions, Stan Konstantaras, President RFANSW, is presenting to the NSW Upper House Inquiry Team, today 9th December 2025, to the Select Committee on access restrictions to public lands which includes Coopers Island Road, Bodalla.
I am asking the ESC Couuncillors, to defer their decision on the sale of Coopers Island Road until the recommendations of the Upper House Select Committee are known and can be considered and implemented.
Taking these steps ensures Council demonstrates leadership in protecting cultural heritage, recreational access, and community interests. It balances legal, cultural, and social considerations, preserves longstanding use of Coopers Island Road, and secures public and Indigenous access for generations to come.
Sue Dunk