Sue Dunk - 9 December 2025

Sue Dunk presented to Council at the Public Access Session on 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:

  1. 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.
  2. Support the compulsory acquisition of a very small parcel of private land to secure an access corridor to the foreshore below the mean high tide mark, ensuring continued access for all.

2. 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.
  • Current land status: Council's exhibition notes that the land is partly privately owned, but historically functions as a public road and access corridor.

3. 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 benefit of retaining public and cultural access. This area is used by other community groups besides fishers and kayakers including birdwatchers, photographers, artists and those with disabilities.

4. 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 acquisition under 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 values for 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 reserves for community or public purposes rather than private sale.
  • Easements or heritage agreements could formalize public and Aboriginal access rights while ensuring maintenance and cultural protection.

5. Recommendation

I respectfully request Council to:

  1. Withdraw the current proposal to sell the road to a private owner.
  2. Negotiate with Local Aboriginal Land Council or a community trust for ownership and management.
  3. Support compulsory acquisition of the small private parcel to secure a permanent foreshore access corridor.
  4. Implement easements, heritage agreements, or management plans to protect access, cultural sites, and public recreational use.
  5. 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