The independent panel that last month approved a jet ski business on Lake Illawarra was split, with one of the panel members strongly opposing it.
The 'community' panel member, Lewis Troman, who was appointed to represent the views of the broader Wollongong community, was a lone voice, saying a jet ski hire business that would allow unlicensed riders, as young as 12, to do laps of Lake Illawarra at speeds of 55km/h was a bad idea for the lake.
The four-member panel's final report said: "there is considerable community opposition to the proposal as it impacts the quiet enjoyment of residents and visitors near the foreshore of the total lake".
The community representative voted to refuse the application "as the development application only considers the impact at 1 Northcliffe Drive, Warrawong (the location of the Illawarra Yacht Club) and not the total impact on the Wollongong community across the complete area of the lake on which it will operate".
Support from Lake Illawarra Yacht Club
The Illawarra Yacht Club, which will play host to Malcolm Barry's Play Hard Jet Ski business on its Warrawong premises, is one of the few organisations to publicly support the new business.
This time last year former NSW Liberal leader Kerry Chikarovski and former Wollongong Liberal leader John Dorahy were appointed to the Illawarra Yacht Club's board.
When Wollongong's independent planning panel met on 1 July to hear from those for and against the jet ski proposal, Ms Chikarovski spoke in favour of the new business being established on Lake Illawarra. In her five-minute address to the panel, she said, "I'm here as a friend." While addressing the panel, she did not identify herself as a board member of the Illawarra Yacht Club.
'A tortuous process'
"I've been working with Malcolm now for a considerable period of time... we have been through a fairly tortuous process," Ms Chikarovski said.
"One of the reasons why he's keen to do this is that it was put to him pretty early in the piece that it would actually be useful for the Wollongong area to have another type of tourism activity within this council area.
"I don't know if you guys have heard these jet skis in recent times. They are much quieter than when I was a young person and used to use them. They're certainly quieter than anything I've used overseas.
"As he has rightly pointed out, they are a small business, and I think at the moment what we should be doing is encouraging small business as much as we possibly could. It's a difficult economic environment all around at the moment, so if someone's taken the initiative and having the opportunity to do what Malcolm and Tash are wanting to do, in a responsible, environmentally responsible, economically responsible way, I think it is something we should be encouraging."
Ms Chikarovski said she "fully acknowledged the concerns the community has" but she urged the panel to approve the jet ski business.
"I'm here as someone who's come to know and admire these young people for a very long time, and I'd ask the panel to take into account the expert advice they've received."
The Illawarra Flame has twice asked the Illawarra Yacht Club for comment, specifically about how the club might benefit from the jet ski business being embedded within its operation on Northcliffe Drive.
Not enough research, says Citizen of the Year
Wollongong's 2025 Citizen of the Year, Malika Elizabeth Reese, enjoys a distant view of Lake Illawarra from her home.
"How short-sighted," Malika said. "Capitalism and profit win again over environment and community consultation. This will only benefit the business and those who can afford the privilege without understanding any destruction it may cause. Who will be assessing?
“The lake is already used by a community of water users who don’t disrupt the ecosystem. This seems like exploitation and a money grab without enough consultation or research."
Malika said if approval was to be granted, she'd prefer new operators to be given a one- or two-month trial, rather than a straight up licence for two years.
Since the panel's decision to approve was made public, opposition has steadily grown. What's upset most people is their claim there was minimal consultation with groups and individuals with an interest in the lake. "It's been woeful; there's been no consultation," said Gabrielle Frawley from the Illawarra Canoe Club.
Clubs that kayak, canoe, sail, dragon boat and use outriggers on Lake Illawarra say they should have been notified about the proposal. They can't understand why they weren't. Several of those clubs are based on the lake foreshore at Warrawong only about 100 metres from where the jet skis will be put in. They said the process undertaken by Wollongong City Council was flawed, and so was the final decision to approve.
Lake protection committee wasn't notified
The lake committee, which has the role of protecting, preserving and enhancing Lake Illawarra, and which has representation from Wollongong and Shellharbour Councils and the NSW Government, also wasn't notified about the jet ski business proposal. Council didn't respond when asked why the committee hadn't been engaged in the process.
Shellharbour Council also received no notification about the development application. Mayor Chris Home said he was "surprised".
A Wollongong Council spokesperson said the jet ski business DA did not meet the "threshold" for the notification of environment protection agencies, so they weren't asked to comment. This is despite the proposed jet ski group tours covering 16 kilometres of the lake, close to areas inhabited by protected and endangered birds, including the Great Eastern Curlew, which the Illawarra Birders say is on the "critically endangered list".
"Lake Illawarra is a known bird hot spot," said Gleniss Wellings, the conservation officer with the Illawarra Birders, and "there is no detailed report provided on the birdlife" in the DA assessment process.
"There is an abundance of birds using the lake every day, all will be put at risk by the constant and repetitive disturbance caused by jet skis which will scare birds away," Gleniss said in a letter to the Federal Minister for Environment and Water, Murray Watt, pleading with him to intervene "as a matter of urgency".
Tourism versus birdlife
"The presence of these birds at Lake Illawarra indicates the importance of this lake for migratory birds for many hundreds of years. This is an unprecedented DA of breathtaking audacity under the guise it will be good for tourism but ignores birdlife.
"We are most concerned that approval of this DA will send a message to all lake users that birds don't really matter. Tourism is more important."
Approval highlights safety, noise and conflict concerns
The planning panel's decision to approve the business came despite it acknowledging "the proposal impacts the quiet enjoyment of residents and visitors near the foreshore area of the total lake by:
- detrimental effects to the nature of the natural environment
- causing safety and noise concerns
- adversely impacting upon neighbourhood amenity and
- creating conflicts with other recreational users of the lake"
Who takes responsibility for the lake?
Illawarra Birders' Ros Atkins has questioned why Council and its panel had no interest in the broader impact of the DA on the lake, rather focusing its attention only on the land-based component.
"It begs the question who has responsibility to care for our lake and when did the authorities stop caring for Lake Illawarra? This entire DA process has been a complete sham, and they should rip up the approval and start all over again, but this time give everyone who has an interest a say."
Council said the community had no rights of appeal against the planning panel's decision and the final approval now rests with the NSW Government's Transport for NSW (Maritime).
NSW Maritime guided the business here
In an interview last Tuesday on ABC Radio Illawarra, the jet ski tour proponent, Malcolm Barry, said it was officials from NSW Maritime who'd suggested he look to relocate his business from Botany Bay to Lake Illawarra.
"...we've been in talks with them since 2019. We lodged a couple of applications in Sydney, but also Sydney is just too busy and too non-compliant with licensed riders up there. Too many problems. So, a couple of years ago they recommended we come down here as the Illawarra economy needs the tourism. So we started lodging applications down here," he said.
'Meaningful community, stakeholder communication'
In a statement, a Transport for NSW Maritime spokesperson said: "Applications are assessed on a case-by-case basis with a focus on considering the safety of all water users, the amenity of the waterway and the environment. Tour activities must integrate into the waterway user profile and no activities that require exclusive use will be considered."
The spokesperson said, "Maritime is committed to ensuring that proposed changes to waterway use are informed by meaningful community and stakeholder communication."
The Illawarra Flame understands there is no further consultation planned and no opportunity for the community to have their say. It appears a final decision is imminent.
"Maritime do not have a definitive timeline for approval of this application, however, do note that the applicant has expressed a desire to begin operating in the next school holidays which commence on Monday, 29 September 2025," the NSW Maritime spokesperson said.
If approved to operate on Lake Illawarra, Play Hard Jet Skis will be relocated from the Georges River and Botany Bay in Sydney's south to Wollongong. Malcolm Barry told The Illawarra Flame his business had an excellent safety record.
Play Hard Jet Skis is now taking bookings, which cost $220 for a 45-minute tour.
Sydney now a jet ski accident hotspot
In the five years to May 2024, 23 serious injuries involving jet ski riders had been reported to NSW Maritime with four jet ski deaths in NSW in the past six years. The latest occurred on the George's River two months ago when a 15-year-old boy was killed when his jet ski hit an obstacle. A 14-year-old boy, on the same jet ski, lost his arm in the accident.
Bayside Council's Deputy Mayor, Heidi Lee Douglas, called on the state government to establish a Jet Ski Hooning Taskforce, to tackle dangerous anti-social behaviour on local waterways and to protect endangered animals and marine habitat.
Illawarra Birder member Ros Atkins asked: "Do we really want Lake Illawarra to go the way of what's happening in Sydney? Surely this approval would send a strong message to other jet ski users that Lake Illawarra is a haven for them to come here, potentially in their hundreds. Does our Lord Mayor want to be put in a position where she's having to ask Paul Scully to establish a Jet Ski Hooning Taskforce here, to clean up the mess?"
State Member for Wollongong, Paul Scully, said any questions about the DA process should be directed to Wollongong City Council.
