Tangalooma Resort security wrongly told family to leave public beach and mooring
Updated
A Brisbane family says they were left shocked and outraged when a security guard on Moreton Island tried to force them off a public beach, claiming nearby Tangalooma Resort held exclusive rights to the area.
The security guard was acting at the behest of resort management, but the resort is built on crown land and the Department of Natural Resources, Mines, and Energy confirmed the beachfront is public space.
Lisa Wilkins told the ABC she was swimming in front of the resort with her partner and eight-year-old daughter on Good Friday last month when they were approached by a security guard.
She said she was "flabbergasted" by what they were told.
"He called us out of the water to come over to him and he said: 'You can't swim here, and you can't be on this beach, it's a private beach and you can't moor your vessel there'," she said.
"We said, 'we're just swimming, it's low water — you can go away'.
"And he said, 'well don't go anywhere up near the resort'.
"I said, 'well we're not moving our boat and we're not stopping swimming. Goodbye. Leave us alone'.
"He ended up going about five metres away from us and sitting there for a while, making sure that we were knowing that he wouldn't be leaving us alone."
Ms Wilkins said they finished swimming and eventually left.
"We were being belittled in front of our child for a public right to be able just to swim," she said.
When she complained to Tangalooma Island Resort, head office replied in an email apologising if Ms Wilkins felt she was disrespected but that security guards are able to move on beach goers if they are not staying at the resort or have a day pass.
"To address your concerns — our security guards are within their rights to ask you to move on if you are on the beach directly in front of the resort above the low-tide mark," the email stated.
"I understand that the main source of dissatisfaction with our resort was that it seems that you were not treated in a respectful way by our security guard ... I can assure you that senior management will be raising this incident for discussion and clarification with all of our security personnel, to ensure they are fully aware of the correct procedures, protocols and powers in their day-to-day operations."
Tangalooma Island Resort is built on crown land but is able to operate under a State Government lease managed by the Department of Natural Resources, Mines and Energy.
It also holds a 'permit to occupy' over the public beach, giving it special privileges and responsibilities to run minor operations on a public area, but this does not provide exclusive access.
When the department became aware of the incident, it issued a warning to the resort's management, reminding them the beach remains public space.
"The department is working with Tangalooma Island Resort and has reiterated to management the public's rights and obligations regarding the use of the beach in front of the resort," a department spokesperson said.
"Tangalooma Island Resort is required to allow ongoing access to this beach for the use and enjoyment of the public."
In response to questions from ABC News, Tangalooma director Brian Osborne said he was seeking urgent meetings with the State Government to clarify the resort's rights under the current arrangement.
Mr Osborne said while the resort holds exclusive rights over its own parcel of land, pedestrians will be able to transit on foot across the stretch of the beach.
"Until such time Tangalooma Island Resort receives official clarification on the terms of its permit to occupy, its representatives will not ask non-resort guests to vacate the beach directly in front of the resort property."
"Tangalooma Island Resort will review all related resort policies concerning its permit to occupy the beach after all issues relating to the rights of this permit have been clarified and agreed."
The resort is also expected to go to mediation with sub-lease holders who own property on the island, after a long-running dispute over servicing fees.
Topics: state-parliament, travel-and-tourism, family, cape-moreton-4025, brisbane-4000, qld
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