Jet ski hire proponent Malcolm Barry has made a plea for support from the very people who've been campaigning for his business to stay out of Lake Illawarra.

It comes as two members of the committee established to manage threats to Lake Illawarra and protect its fragile ecosystem have questioned why that committee had no opportunity to comment during the consultation period.

The controversy following Wollongong City Council’s limited public engagement over the new enterprise has put pressure on a small family business, distressed bird lovers and brought television's A Current Affair (ACA) to town.

On the day spring's school holidays began, when Play Hard Jet Ski Hire was hoping to launch, instead 40 people turned out near Warrawong's Illawarra Yacht Club, which will be home to the business, to air their concerns with a TV crew.

Malcolm Barry brought a jet ski, which he put on the water to demonstrate "how quiet" they are, and posted signs along the jetty refuting claims by his opponents. He also offered the crowd a chance to ask questions.

In an at-times fiery 20-minute exchange, Malcolm shared his point of view on issues including concerns about the threat to bird life; why he'd been asked to relocate from Botany Bay to the Illawarra; the supporting role played by former NSW Liberal leader Kerry Chikarovski; and why Shellharbour Council said "no" when he first tried to establish his business there.

Play Hard plans 16km tours

On its website, Play Hard Jet Skis has been offering 16-kilometre lake tours, starting at $220. "Malcolm loves to play hard and really enjoys life, always taking it to the edge," the website says. "Our newest addition is the fastest jet ski available for hire period."

In its approval through Wollongong's local planning panel, the Lake Illawarra tours will be restricted to the guide and three other craft, with a maximum speed of 55km/hr. The proposal has had council approval and is awaiting final approval through Transport for NSW (Maritime).

"I need the approval that I was promised by Council and Transport for NSW," Malcolm told the crowd. 

Wollongong Council has refuted this claim, with a spokesperson saying: “Council follows a robust process that's dictated by NSW Government legislation when considering any Development Application. Council does not make any promises about the assessment process." A spokesperson for Transport for NSW also confirmed no promise of an approval had been made to Play Hard Jet Ski Hire.

Opponents, including dragon boaters and kayakers, who took to the water during the ACA media event, claim they weren't made aware of the proposal, so had no opportunity to object. They're worried about safety on the lake if jet skiers are mixing with non-motorised craft.

Paddlers have safety concerns

Dragon boater Catherine Holland said she feared there would be "serious injuries" if a dragon boat was tipped over from the wash of the jet skis.

Heather McAlpine is a dragon boater and paddleboarder. "We have children who use stand-up paddleboards,” she said. “I'm concerned about deaths. We live in a nation with an ocean. That's where the jet skis should be operating. People need to be able to continue to enjoy the current peace and quiet on this lake."

Malcolm countered concerns, saying his business had a 100 per cent safety record while operating on the Georges River and Botany Bay in Sydney's south. He accused the objectors of spreading "factually wrong" information. "You've been telling the sailors I'm going to run over their juniors. We've never had any injuries," he said.

Business provides education for jet ski community

Malcolm said the NSW Government had steered him to Lake Illawarra. "The jet ski community up there are non-compliant, so I'm here," he said. 

"The incentive for Transport for NSW was to provide education for the jet ski community. We’ve been doing that, providing education for the jet ski community since we became a training provider in 2020. There have been several incidents [in Sydney] involving children that have been done on watercrafts and I'm here to try to help prevent that."

Objectors fear approving the business at Lake Illawarra will send a message to jet skiers that Wollongong is the place to be. One objector called Shaz said: "Why introduce the problem into another area? Jet skis are flat out a problem." 

"At the moment, in NSW there is zero practical training for jet ski riding," Malcolm said. "The NSW Government wanted to put this initiative on licensed tours to teach the broader community about safe jet ski riding. I've come here today, and I want to do this application, because it's a way for a tourism activity to educate. 

“On top of that I'm educating about the estuaries. I've stayed much further away from the shore than I have to. I'm educating about the birdlife; people will learn about that."

Impact of jet skis questioned

Malcolm drew the ire of the president of Illawarra Birders, Ralph Stadus, when he said the majority of the birdlife was in the estuaries and not towards the middle of the lake where he'd be operating his tours. Malcolm said he'd been on the lake for a week, and "I've only seen five birds."

"That's just ridiculous," Ralph said. "I've seen 350 swans right in the middle of the lake. It's not rocket science; these jet skis will cause a huge amount of harm."

Malcolm gave a short demonstration of his jet ski in action for the TV cameras. "See how quiet it is," he told the crowd as his craft idled alongside the jetty.

Malcolm asked to be given a chance to prove his doubters wrong, pointing to the reports he'd commissioned and paid for that supported his case. "I've done my due diligence … and I'm trying to help my family get out of poverty," he said.

When asked why Shellharbour Council didn't want his business there, Malcolm said "they said it's recommended you do not lodge an application because their side of the lake was not prepared for commercial activities; while this side of the lake was.”

Support from former Liberal leader

One of Malcolm's supporters when the DA was being considered by the Wollongong planning panel was former NSW Liberal leader Kerry Chikarovski, who now runs Chikarovski and Associates, "in response to growing demand from businesses and organisations seeking help navigating government," her website says.

Kerry became a board member at the Illawarra Yacht Club (IYC) around this time last year when Malcolm was preparing his application. She spoke in his favour when addressing the Wollongong planning panel, which later approved the DA, identifying herself as "a friend" of Malcolm's.

Kerry told The Illawarra Flame, "All the decisions involving the Illawarra Yacht Club and Play Hard Jet Ski Pty Ltd were made prior to my joining the Board. My understanding is that the Board agreed to approve a three-month free trial in order to promote tourism opportunities in the area. 

"I informed the panel that I was speaking as a friend of the applicant. If the panel believes I should have disclosed my membership of the Board I'm very happy to correct the record."

The new enterprise has also had support from the local tourism sector and the IYC Sailing Club.

Club management faces push-back

IYC management has been criticised over its plans to provide a home for Play Hard Jet Ski Hire.

Tony Konjarski has been a club member for 30 years, and walking around the lake is one of his favourite pastimes. "I had no idea this was being planned," Tony said.

"It's never been put to the members. I would absolutely expect the club's management and board to let the members know how it's going to benefit our club. I'm totally against it because of the impact on the environment."

The Play Hard package would include a food and drink voucher at the IYC with every tour.

Approval process criticised

Concerns about safety, harm to the environment and a flawed approval process were the main issues raised by opponents at the A Current Affair media event.

John Lees, from Mangerton, said he opposed to jet skis because of the "noise and fuel pollution". He was also critical of the approval process in Wollongong where only about 20 homes had been letterboxed in proximity to the Illawarra Yacht Club. 

"The whole of the Illawarra should have been letterboxed," John said. "As far as I'm concerned, Council has demonstrated a total lack of transparency. Transport for NSW say they don't want this jet ski business in an industrial area like Botany Bay so let's move it to a quiet residential area. It doesn't make any sense." 

Questions were asked about how a jet ski business aligns with the Lake Illawarra management plan. "The main point of the Lake plan is to protect the health of Lake Illawarra. It is the baseline of the plan," one objector called out.

The plan is managed by the Lake Illawarra Estuary Management Committee, which includes representatives from Wollongong and Shellharbour Councils, NSW Government departments, community and Aboriginal representatives and science experts.

Scientist says committee should have had a say

A pre-eminent University of Wollongong fellow, Associate Professor Brian Jones, is a Lake Committee member whose expertise is called on to protect the lake’s ecosystem. He confirmed the committee was bypassed during the DA process.

“I think the group should certainly have been made aware of the development proposal and offered a view to the planning panel,” he told The Illawarra Flame. “Personally, I would not like to see jet skis on the Lake disturbing the peace and tranquillity of the place. They are far too noisy and their wakes could cause damage to sensitive areas.”

Port Kembla man Malcolm Swire said approval through the Council's process "is just another nail in the coffin for the lake. The Council's selling out the lake. We have thousands of people visit this lake each week for what it currently offers. It's been such a short-sighted decision by the Council."

Michael and Yvette Graf, from the Sutherland Shire, described themselves as "nature lovers" and Lake Illawarra is one of their favourite destinations for a day out. "We are regular visitors to the lake; it's a bit of an oasis to get away to.”

Bird rescuer fears for pelicans’ safety

Betty Spilsted, from Berkeley, said over the years she'd been involved in "hundreds" of bird rescues and seen an increase in "horrific injuries" since more jet skis came to the lake.

"I'm disgusted by the whole thing," Betty said. "Twice I've collected pelicans with broken backs. I believe they were hit by jet skis; they just can't get out of the way fast enough. There's no way this jet ski business should be allowed on the lake."

If final approval is received, Play Hard plans to operate five to seven days a week between August to June. Birder Annie Marlow said those 10 months are "the time period when birds are breeding and feeding their young”.

Some objectors complain Wollongong councillors have not responded to their concerns. Only Ward 3 councillor Deidre Stuart has replied to The Illawarra Flame, saying: "I am mostly concerned about the lack of upfront clarity and engagement with community related to the assessment process.

"I hope that Transport for NSW (Maritime) consults widely and fully across the Wollongong and Shellharbour communities, to properly understand the existing lake user profile, and the environmental matters and amenity unique to Lake Illawarra."

Council to investigate complaints

Wollongong Council has referred complaints about the jet ski DA process and consultation to its Professional Conduct Coordinator for review. 

At its latest meeting, Neighbourhood Forum 5 "expressed its disappointment at the lack of due process for the consideration of the local planning panel." NF5 is also seeking an explanation "why the Lake Illawarra Estuary Management Committee wasn't consulted on this controversial proposal which will clearly have some impact on the Lake and those who use it or enjoy its quiet amenity."

Transport for NSW said there's no further opportunity for consultation and assessment of the Play Hard application was ongoing. The NSW Transport Minister has been alerted to community concerns by Wollongong MP Paul Scully.

Malcolm remains hopeful of getting his approval this week to allow tours to start during the school holidays.

A Current Affair's coverage will go to air tonight (Tuesday, October 7) at 7pm on the WIN Network.