Derek Merdith (former CEO of QCN Networks a Queensland Government Owned Corporation, and now Treasurer of Surfers Paradise Surf Club) and his wife, Georgia Lane (Head of Fundraising National Trust of Queensland, Currumbin Wildlife Sanctuary), have entered into an enforceable undertaking around unauthorised development with Tweed Council.
According to NSW Environment and Heritage, an enforceable undertaking is a voluntary, legally binding agreement between a person or company and a regulator (such as a local council or state agency) to fix an alleged breach of legislation. It acts as an alternative to court prosecution, focusing on fixing the damage and ensuring future compliance.
$36,000 payment*
Tweed Shire Council confirmed the couple admitted guilt and made a payment in lieu of a fine of $15,000*.
A Tweed Council spokesperson told The Echo, ‘The owners have, in consultation with their legal advice, admitted to contravening a number of sections of the EP&A Act and offered to enter the Enforceable Undertaking. Under the Enforceable Undertaking, the owners have agreed to pay $21,000 in legal costs to Council and a financial contribution in lieu of a fine of $15,000. The $15,000 will be wholly contributed to Council’s public education program about illegal and unauthorised buildings’.
An anonymous source told The Echo, ‘After their home was illegally built in 2015, it was then illegally rented out as a short term stay on Airbnb for over eight years until March 2023’.
The Tweed Council spokesperson said, ‘There were two problems with the development – it was built without any form of DA or construction certificate, so the Council had no opportunity to consider whether it met the regulations outlined in the Environmental Planning & Assessment Act 1979 and the National Construction Code, and then it was rented out as a short term rental, even though it wasn’t approved, which is against the law.’
The Echo source continued, ‘The seriousness of the enforceable undertaking against both Derek Merdith and Georgia Lane, serves as warning to others and is reflected in the attached portion of the undertaking in contributing $15,000 to a Public Education Campaign for Illegal and Unauthorised Building and Development under the NSW Environmental Planning and Assessment Act.’
The Tweed Council spokesperson added, ‘Building a house – or carrying out other significant works – without the proper approvals is not a shortcut’.
‘It is unlawful, risky, and can have serious financial and legal consequences. Recent compliance action in our region highlights why it is essential to obtain development approval and the required construction certificates before starting any building work’.
*An earlier version of this story was incorrectly headlined indicating the couple had been ‘fined’ and contained a sub-head ‘$36,000 fine’, whereas as the article itself made clear that the couple had agreed to pay $21,000 in legal costs to Council and make a financial contribution in lieu of a fine of $15,000.
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