KINGSTON Council insists it has the authority to re-licence land alongside Mordialloc Creek after the Department of Environment Land, Water and Planning (DELWP) notified council it is reviewing creek-side boundaries.
Council is seeking vacant possession of land occupied by Leon Pompei, son of ‘Mr Mordialloc’ Jack Pompei. Council CEO John Nevins says council is the committee of management for the land on which Mr Pompei’s business, Pompei Marine, is situated.
“Council does not, nor has it ever, had a licence agreement with Mr Leon Pompei,” Mr Nevins said in a statement. “Council had a licence agreement with his mother, the late Gwen Pompei, which was issued in April 2009 and expired in March 2012.”
Mr Nevins said the DELWP is seeking legal advice on the state process to appoint council of management for a section of water in Mordialloc Creek since it falls under Melbourne Water jurisdiction.
“It is council’s legal advice the DELWP’s actions do not impact on council’s ability to seek vacant possession of the land occupied by Pompei’s Marine,” Mr Nevins said. “Council has authorised its solicitors to take this action.”
Council decided to split three licences at the creek between Mr Pompei, the Mordialloc Boating and Angling Club and council in February last year.
Mr Pompei is refusing to sign a licence and argues council has no authority over the land.
First published in the Chelsea Mordialloc Mentone News – 22 June 2016
