More questions to ask about Coopers Island Road
The long running saga of Coopers Island Road ownership and recreational access to Bowns Creek drew a large crowd to the Eurobodalla Council meeting on Tuesday.
Council had previously proposed to sell the Crown Land to the owners of Coopers Island who farm cattle there.
The Business Paper concluded that “Whilst it was not Council’s decision or assessment that there is no public access to the waterway, members of the community do not accept the Crown Land’s assessment.
Closing the road now would effectively render any representation to Crown Lands ineffective.
It is therefore recommended not to proceed with the road closure and sale.”
However, community members wanted further clarification about the status of the road.
Four speakers had registered to speak at Public forum, yet with a full house and many speakers, the presentations were cut to four minutes. By the time the last four speakers (on Coopers Island Rd) came around they were rushed through and the last two, Sue Dunks and Max Castle were cut short.
Retired surveyor Peter Cormick told Council. “Disappointingly, I find today’s report on Coopers Island Road to be lacking in substance and direction, and to be disjointed.
Recommendation 3 asks “That Council meet with Crown Lands to convey the public interest in this matter”. However, for years, Crown Lands has been very aware of the public interest in “this matter”, which is extensive and obvious to all. In my view, engagement with Crown Lands must focus on the centrally important legalities of this mater: specifically, as they relate to the status of the causeway.
On 4 September 2018, The Director of Titling and Plan Services at NSW Land Registry Services, provided written advice to council staff in which he referred to a specific Certificate of Title and Deposited Plan and stated that this documentation “clearly shows that the Coopers Island Causeway is not part of Lot 2 in DP12290 and appears to be part of the bed of the Tuross Lake” (emphasis added). I assume that staff have shared this fundamentally important document with councillors. A copy has been attached for convenience.
Council’s Registered Surveyor at that time, who had sought this NSWLRS advice just four weeks beforehand, passed it on, up the line, on the day he received it, copying in a further six council staff, stating “As I suspected, any ‘land’ that forms part of Coopers Island Causeway is Crown Land. NSWLRS confirms this by reference to the plan in certificate of title Vol 7165 Fol 248”.
As we know, on 12 September 2024, in apparent ignorance of and in contradiction to the NSWLRS advice to this council, Crown Lands advised council that the causeway is part of Lots 2 and 2A, advice which led to council subsequently proposing to sell the road, believing it then to be a road to ‘nowhere’ – even though the NSWLRS advice was on file.”
Mr Cormick suggested “That, as a matter of urgency, Council meet with Crown Lands to discuss the implications of the 2018 NSW Land Registry Services advice provided to Council on 4 September 2018 for the veracity of the decision by Crown Lands in September 2024 on the status and ownership of the causeway – and report back to Council on the outcome of those discussions immediately after they have concluded.”
Mrs Sue Dunk presented some of her speech to Council saying:
“From the documentation, Council sought submissions from NSW Crown Lands and NSW Department of Primary Industries Fisheries.
Importantly, an email from Bryan van der Walt at Fisheries dated 17 February 2026 confirms that Fisheries withdrew their objection to the proposal. No reasons were provided for this withdrawal in the correspondence.
This raises an obvious question: what changed, and why was no explanation given for the withdrawal of an objection in relation to a matter of public land?
More critically, I asked in my GIPA whether the Aboriginal Land Council had been consulted at any stage.
There was no consultation. No correspondence. No engagement.
This is deeply concerning. Coopers Island and its surrounds are culturally and historically significant. Council itself acknowledges this, with Coopers Island Road specifically referenced in its “Connecting with Country” document. Yet despite that recognition, the Aboriginal Land Council has not been consulted.
That is not acceptable. It is inconsistent with Council’s own policies, with modern standards of governance, and with basic respect.”
When it came to Council debate, Cr Winslade moved that Council go into confidential hearing to discuss legal matter. After an hour Council returned, Cr Windslade moved an Amendment THAT :
1.That Council not the considerable public interest in this matter.
2. That Council note Crown Lands’ advice that there is no legal access to the water from Coopers Island Road.
3 Council pursue a GIPA request, and meet with Crown Lands to convey the public interest inn accessing the waterway.
4.That Council confirm that they will not proceed with the closure and sale of Coopers Island Road.
Only Cr Babbington Voted against the motion.
