Play Hard Jet Ski operator Malcolm Barry has been taking bookings for his new tours of Lake Illawarra, with the first planned for Monday to coincide with the start of the school holidays.

While some – including the Illawarra Yacht Club's Sailing Club – have welcomed the idea of more tourism, others have criticised the consultation process, as they learned of the jet ski tours proposal weeks after its approval by the Wollongong Local Planning Panel.

The approval in Wollongong came despite a strong objection from the community representative on the planning panel, Lewis Troman. He raised concerns over the impact on Lake Illawarra's bird and marine life, public amenity, and other users of the lake.

That sent the application to Sydney, where it awaits a final sign-off by the NSW Government's Transport for NSW (Maritime), and objectors are again calling out a lack of due process.

"It's been a dodgy process since day one," said bird lover and vocal jet ski opponent Ros Atkins. 

Greens Councillor Deirdre Stuart has also weighed in. While not part of the approval process, she says she's concerned by "the lack of upfront clarity and engagement with community".

Wollongong's Lord Mayor Tania Brown, councillors and state MP Paul Scully, the Member for Wollongong, have received numerous complaints about the application process.

This has led to Wollongong Council referring those complaints about the process and consultation to Council's Professional Conduct Coordinator for review.

"The lake is such a gift to the people who live in the Illawarra, particularly for us in the south," said Berkeley resident Annie Marlow.

"This period, from spring to autumn, is the breeding season for birds. Over the months ahead Lake Illawarra hosts migrating birds that come from as far away as Alaska. The birds need to feed undisturbed to be healthy enough for their return journey. 

"They fly up to 14,000 kilometres one way. Jet skis are loud and even at the restricted speeds of 55km/hr they will disturb foraging birds raising chicks or preparing for long migration flights. The lake supports birds that are listed under state and national legislation as threatened and endangered."

Wollongong's councillors did not participate in the jet ski tour development application process, which appears to have only considered activities on land at 1 Northcliffe Drive, the home of the Illawarra Yacht Club.

In a letter responding to concerns raised by Ros Atkins, Lord Mayor Tania Brown said, "Council staff assessed the establishment and operational aspects of the proposal, including land and water-based activities."

A member of Illawarra Birders, Ros said, "While the Lord Mayor stated the DA process considered both land and water-based activities, this does not align with Mr Troman's (the community planning panel member) view.

"Mr Troman explained his reasons for voting against the application: 'The development application only considers the impact at 1 Northcliffe Drive, Warrawong, and not the total impact on the Wollongong community across the complete area of the lake in which it will operate.'

"Clearly the view expressed by Mr Troman, who was directly involved in the decision-making process, and the Lord Mayor do not align."

Ros pointed to the many concerns raised by the planning panel in approving the jet ski business. These included the detrimental effects on the natural environment, safety and noise concerns, adverse impacts on neighbourhood amenity, and conflict with other recreational users of the Lake.

"It is very clear the process to date has been seriously flawed, and I believe our lake and the people who love it deserve better," Ros said.

Objectors have expressed their concern that the body established to protect the lake, the Lake Illawarra Estuary Management Committee (LIEMC), was never consulted as part of the approval process. The committee is chaired by Shellharbour Mayor Chris Homer, who was unaware of the jet ski business being approved. His council had previously been approached by Play Hard Jet Skis and told the owner to look elsewhere.  

The LIEMC oversees a 10-year plan for the lake, which "aims to provide the strategic direction and specific actions to address threats to the Lake to maintain and improve its ecological, social and economic value with a view to achieving ecological sustainability for Lake Illawarra for the long term."

Ros said: "I find it unbelievable that this body, which has representation from the two councils, the state government, community, Aboriginal and scientific membership wasn't at least asked for a view on whether a jet ski hire business is the right thing for our lake. There's been a terrible break down in proper process."

Councillor shares community concerns

Ward Three Wollongong Councillor Deidre Stuart, is a member of the LIEMC and she shares the concerns of the community.

"The assessment process for the proposed jet ski hire business on Lake Illawarra is very confusing for me, and I think for others in the community," Cr Stuart said.

"Who assesses what, and how community and relevant agencies can and will provide input into the assessment process, and the time frames for the processes across both Council and NSW Maritime, has been really unclear and remains unclear."

Cr Stuart said she agreed with the concerns expressed by the community representative on the planning panel, which were "that Council's approval appears to give de facto approval to the water-based activities, and that the Council approval does not consider the total impact on the Wollongong community across the complete area of the Lake where the jet skis would operate".

Cr Stuart said given the confusion during the process to date, she hopes Transport for NSW (Maritime) will ensure a final decision is taken with a full and transparent process.

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

Cr Stuart said there are lessons to be learned from the process, with room for improvement.

"Overall, I'm most concerned about the lack of upfront clarity and engagement with community related to the assessment processes across both Council and Transport for NSW Maritime."

The Play Hard operator has been open about the fact that TfNSW Maritime steered him towards Lake Illawarra from his busy home base at Sydney's Botany Bay. TfNSW officers have been working the phones in the past 10 days trying to placate objectors and asking what they can do to get the application approved. The Illawarra Flame has been contacted by three objectors who received these calls.

Long-time Lake Heights resident Gerardo De Lisio has contacted the NSW Transport Minister directly saying he, and others, "are deeply concerned regarding the seemingly dubious role that a section of your department has had in relation to the possible approval..."

His letter also said, "Reports suggest that one of your officers in Maritime NSW Southern Region, who has authority to grant approval to this controversial project has a serious conflict of interest, given his prior involvement in proposing to Play Hard that it move its business from the Sydney region to Lake Illawarra."

Gerardo called on local state MP Paul Scully to stall the approval process to allow community concerns to be heard. 

"This has all the hallmarks of a convenient 'nudge nudge, wink wink' arrangement. While I can understand that Play Hard Jet Skis is entitled to look after its own private interests, I would argue that TfNSW (Maritime) has an obligation to take account of the public interest," he wrote.

"In these circumstances, it is difficult to not conclude that TfNSW (Maritime) has in fact a significant conflict of interest which seriously compromises its impartiality. It should be blocked from proceeding until the matter is independently reviewed in an objective and transparent manner."

Transport for NSW (Maritime) says it is still actively reviewing the application.