SIGN UP or move out – that’s the ultimatum Kororoit Creek boatshed owners received from Hobsons Bay City Council last week.
The council has sent a strongly worded legal letter to boatshed owners yet to sign a licence agreement, saying they have 14 days to do so.
“Any property or goods left after the 28-day period will be deemed to be abandoned by the Council and will be dealt with as it sees fit,” the letter, from the council’s solicitors states.
“If you continue to occupy a site without first entering a boatshed licence agreement with the Council, you will be trespassing on the Council’s land,” said the letter.
This ultimatum marks the latest episode in a long-running battle between the council and a faction of boatshed owners who refuse to sign an agreement they view as unfair.
One of the boatshed owners yet to sign, Allison McAdam, said she had obtained legal advice that said the council’s licence agreement was “totally unreasonable”.
Ms McAdam’s family has owned a boatshed at the fishing village for over 60 years.
She said that owners would be “signing their rights away” if they went along with the council’s demands.
Ms McAdam, who is president of the Boatshed Owners Association of Port Phillip Bay and Victoria, said the council had failed to properly consult with boatshed owners about the agreements and could alter the agreement at any time.
A council spokeswoman said numerous and regular attempts have been made since late 2005 to consult the boatshed owners about the agreements.
Williamstown North Ward Councillor, Peter Hemphill, said the licence agreement was binding on both the council and boatshed owners “and can only be altered if both parties agree”.
“The licence is not legally disadvantageous as the site holders currently use the sites under a permissive occupancy arrangement with no guaranteed tenure beyond a 12-month period.
“The new licence agreements guarantee three years’ use of the site for the purpose of a boatshed,” said Cr Hemphill.
“The council’s action is designed to bring site holders in line with regulations the rest of the community have to comply with,” he said.
One of the boatshed owners to sign the agreement, Gary Davison, said he had “no problems with the agreement” after obtaining legal advice about it.
He said six owners had so far signed and while “not enamoured” of the agreement, he could understand the council’s perspective in trying to regulate the area.
“With those rights of tenure come responsibility and I’m more than happy to pick up these responsibilities,” said Mr Davison, whose family has had a boatshed at the village for almost 40 years.
