Rules Beach residents challenge title of beach property
RULES Beach residents have challenged the legality of property north of Rules Beach Rd which has an old title, with the property not changing hands for about a century.
The title makes the property boundaries run onto the beach.
Local councillor and environmental spokesman Col Chapman said modern legislative changes to boundary against waterways and tidal areas was only applicable where the boundary of a property had been registered with the wording "mean high water mark" or "top of embankment" or similar, that directly related to a physical feature in the landscape.
"Boundaries that rely upon physical landscape features are referred to as ambulatory boundaries," he said.
"Property to the north of Rules Beach Road has a fully surveyed boundary registered in the titles office and does not rely upon physical features to determine the location of the boundary.
"Changes to this boundary would only become relevant if the property was to lodge a first new plan of survey for a change to the boundary."
Rules Beach users are angry at delays to restoring beach access for vehicles, after pedestrian access to the beach was fixed last month after heavy rains on Australia Day eroded the beach.
Gladstone Regional Council's reasons for not going ahead with restoring vehicle access include a loss of foreshore, which is further complicated by private property north of Rules Rd under "old title" which sets property lines onto the beach.
This leaves just 350m of accessible public beach area south of the road.