As the tenants of the Eden wharf building deal with the termination of their leases and removal of their assets, the Department of Planning, Industry and Environment (DPIE) is blaming the Marine Discovery Centre for "unwillingness to fulfil the obligations under the head lease" while at the same time refusing to answer any questions about its own conduct.
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In a statement on its website the DPIE says the Sapphire Coast Marine Discovery Centre, under the terms of the head lease, was "responsible for the care and maintenance of all aspects of the building".
"The building assessment report identified that this obligation was not satisfactorily fulfilled," the DIPE said in its statement.
The report also indicated the cost of repair to be about $1 million while at the same time suggesting the building would cost more to repair than to replace.
Management and recognition of Crown land assets is weakened when there is confusion over who is responsible for a particular Crown land parcel.
- From the NSW Auditor General's report on the Department of Industry, Planning and Environment, December 2019.
ACM has asked put several questions to Crown Lands asking why two government agencies (Border Force and Water Police) can continue to operate from the building if it contains serious structural failures, but everyone else must leave.
ACM also sought comment on what plans has Crown Lands put in place for the reactivation of this site and why they had not been discussed with tenants?
A DIPE spokesman referred to the statement on the website. When it was pointed out that this statement did not address the specific questions, ACM was told the DIPE had "nothing further to report at this point".
But Crown Lands has a history of having issues with its database and its responsibilities.
In December 2019 the NSW Audit Office issued a damning report highlighting confusion in the organisation and continuing problems with the Crown Lands database, as well financial accounting issues.
"Management and recognition of Crown land assets is weakened when there is confusion over who is responsible for a particular Crown land parcel," the NSW Auditor General Margaret Crawford said in her report.
"Last year we recommended the DOI (Department of Industry) should ensure the database of Crown land is complete and accurate. While the DOI has commenced actions to improve the database, this continued to be an issue in 2018-19. Recommendation (repeat issue): The DPIE should ensure the Crown land database is complete and accurate so state agencies and local government councils are better informed about the Crown land they control," Ms Crawford said.
The Auditor General said that there continued to be "Crown Land related misstatements identified in the DOI's financial statements".
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While no one is denying the Eden wharf building is not in great condition it could not have changed that significantly since late 2007 when Crown Lands was happy enough to transfer the lease to the Marine Discovery Centre.
Those involved in the transfer at the time said the first planning meeting in 2008 included representatives of the Premier's Office and council. The Crown Lease was purchased in 2007 through a federal government grant.
Knowing that the tenure only ran until November 2022, the Marine Discovery Centre tried to contact Crown Lands many times over the course of several years to find out what was happening.
ACM understands that a plan of the precinct was done three years ago giving three options, of which one was identified as the most popular but nothing has been heard of it since.
Stan Soroka, who was chair of the Marine Discovery Centre for several years said the board had a full Fire Safety Audit by the ANU and all fire safety issues were immediately addressed at that time.
Mr Soroka said the was inspected annually to ensure compliance.
"From the outset, we pursued a future plan from Crown Lands to no avail," Mr Soroka said.
Executive director of Crown Lands, Lynne Sheridan was the person responsible for sending out the breach of lease notice. She is believed to have moved to the role only very recently.