State Administrative Tribunal deems 10 of 23 Carnarvon blowhole shacks unsafe giving grace time for repairs

The Carnarvon Blowhole shacks where Cleo Smith was abducted have won at the State Administrative Tribunal after their owners were issued unfair building orders to demolish their structures. The Shire of Carnarvon issued the building orders to 23 shack owners on May 4 2022, declaring the structures were unsafe and at risk of injuring habitants and visitors. The campsite rose to notoriety when three-year-old Cleo Smith was taken from her family’s tent at the site in October 2021. On 1 June 2022, the applicants commenced proceedings in the Tribunal pursuant to the Building Act 2011, seeking a review of the Shire’s decision to make the building orders. The tribunal found 10 of the 23 shacks to be in a dangerous state, but varied the Shire’s decision to issue building orders by granting shack owners the opportunity to “repair those shacks to make them safe”. Owners have until August 30 to repair the structures so as to prevent or stop the buildings from being a danger to people, or other property. The SAT determination document read “In respect of the shacks that we have found are not dangerous, we will set aside the respondent’s decision to make the building orders and revoke the relevant building order.” The Shire first raised concerns about the shacks in 1985, resolving to remove them before June 30, 1988. The shacks remained and the council voted again in 1992 to remove the shacks and create a more open campground and recreation area. This also failed and in the past 30 years several motions have been passed and subsequently revoked on removing the shacks.