Motorcycling Queensland (MQ) own the land at 62 Coal Road Chuwar; 145-179 Robin Street Chuwar and Lot 136 Unnamed Road Chuwar

The approval for the use, was granted by Moreton Shire Council on 4 December 1974. The planning approval for the use of the land for ‘motorcycle racing’ is available here.

The approval is quite open and does not include many conditions or requirements. The conditions are as follows;

1. The provision of an effluent disposal system to the satisfaction of the Council
2. The provision of a 2-metre landscaped buffer strip around the perimeter of the property.

The approval did not include any plans identifying the locations of the tracks or other facilities. Accordingly, the shape and location of the track has changed over time, all within the authority of this approval.

Ownership details identify that the land has been owned by motorsport related entities (such as the Auto Cycle Union of Queensland) since 1948. Historically, the facility itself has existed on the land since the 1960’s, as shown in the images below these FAQ's.

No. Council is unable to revoke or otherwise take away the approval. Once an approval has been given, it ‘runs with the land’ and exists unless it is cancelled by the landowner, abandoned or a new land use is taken up.

The 1974 Letter has continued to have lawful effect via the transitional provisions of the various Planning Acts that have existed over the years.

No. Council is unable to make a change to the conditions of the approval without an application being lodged to Council by an applicant.

Most modern development approvals would include plans and conditions which would include restrictions on appropriate noise levels and operating hours. This consent does not include any restrictions on noise levels and operating hours and Council is unable to make changes to include new restrictions.

No. A new approval is not always required when a new tenant moves to a site (such as a real estate agent office changing to an accountant’s office). A new application is not required for the works and activities occurring on the site where the use of the site is in accordance with the existing approval. The open-ended nature of the approval permits motorcycle racing activities on the site, including activities that are ancillary to racing, such as practice sessions or time trials. In most cases, an approval makes references to plans which provide some limit to the areas where activities can occur. The 1974 approval does not make references to any plans.

While Motoland have increased the use of the site recently, Motorcycling Queensland have carried out similar events and track work over the years without changes to the development approval in place. The operation of the site by Motoland instead of Motorcycling Queensland does not materially effect the validity of the approval.

Depending on the response to the Environmental Protection Order, there may need to be works that are not consistent with the existing approval. These works may require an application to Council.

As there has been no change in the land use, no application is required and therefore no public notification has been undertaken. While the operator of the site has changed from Motorcycling Queensland to Motoland Pty Ltd, the use of the land remains consistent with the existing approval.

Council cannot place additional noise, dust or other restrictions on the land use beyond the restrictions set out in the Environmental Protection Act. The purpose of the Environmental Protection Order that has been issued by Council is to ensure compliance with the Act is achieved. Depending on the results of the noise monitoring, there may be additional attenuation measures put in place.

Previously (up to June 2019), Council issued Moreton District Motorcross Inc an Entertainment Venue Licence under Local Law No.3 (Commercial Licencing). The Entertainment Venue Licence included conditions which restricted dust and noise nuisance.

Local Laws are reviewed regularly and in 2019, Council made amendments to the Local Laws, including Local Law No.3 (Commercial Licencing). Further details can be found here.

The relevant amendment to the Local Law in this instance is the change in the definition of Entertainment Venues. The current definition of an Entertainment Venue is specific and includes locations such as the Ipswich Turf Club and the Ipswich Showgrounds. It does not include the Tivoli facility.

The 2013 Local Law definition of an entertainment venue was much wider and did not include specific locations, only types of locations, such as theatres and fair grounds. The Tivoli facility was captured under this definition and was required to obtain an Entertainment Venue License.

Due to the amendment to the Local Laws, it is unnecessary for Motoland to obtain an Entertainment Venue Licence and Council is unable to apply the same conditions under the previous licences.

The Queensland liquor licence records and Council’s records do not indicate that Motoland Pty Ltd has an application or approved liquor licence.

Liquor licenses and associated security requirements are managed by the Office of Liquor and Gaming Regulation, not by Ipswich City Council.

Information about liquor licenses can be found here.

The site is identified as containing some areas of Koala Habitat under the Planning Regulation 2017 (refer map below). The Planning Regulations include several exemptions which allow clearing of Koala Habitat without an application to Council or the State Government.

One of the exemptions is set out in Schedule 10, Part 10, Division 2, section 16A(2) of the Planning Regulation 2017.

The exemption (16A(2)) allows development where interfering with koala habitat, provided the clearing is consistent with a development approval. The site currently has a valid development approval (being the 1974 consent letter).

Any new application on the site or any sites without a current development approval would require assessment against the Koala Regulations unless an exemption such as 16A is in effect.

Essentially, the existing approval allows for clearing to occur on the site where it is consistent with the broad approval for motorcycle racing. An example of clearing that would not be consistent with the approval, would be clearing that conflicts with the requirement for a 2-metre landscaped buffer strip around the perimeter of the property.

View the Koala Habitat Areas here.

Yes. Council has met with Motoland, both prior to opening and afterwards.

Council met with Motorcycling Queensland in March 2021 as an introductory meeting between MQ and the Mayor and Divisional Councillors.

Topics discussed included:

1. History of the facility, including the proposal to develop the land for residential purposes and proposal to relocate to Willowbank (both of which did not eventuate)
2. An indication that MQ was looking to partner with Motoland to use the facility, which was to involve a business case investigating options to revamp amenities and improve the site.
3. Whether the land use approval would allow for any increase in activity. (After the meeting Council was subsequently supplied with legal advice from MQ that determine the 1974 approval didn’t restrict the proposed operations and they did not require a new Material Change of Use application).
4. Council advised MQ to engage with neighbouring properties on the proposed increased activity.
5. Conversations with Council’s City Events Manager regarding events at North Ipswich Reserve.

Council met again with Motorcycling Queensland and Motoland representatives in August 2021.

Topics discussed included:

1. Advise that site works would be occurring soon, beginning with maintenance and then track improvements.
2. Advise that all planned works were to be in accordance with the existing 1974 approval.
3. Council advised MQ and Motoland to proactively engage with their neighbours on the proposed increased activity.

Another meeting was held on 9 December 2021 with MQ and Motoland. Topics discussed included:

1. Residents’ concerns and complaints about the use, noise and dust as well as concerns regarding the earthmoving machinery and water truck.
2. The Environmental Protection Order (EPO) and the obligations to meet broader environmental requirements.
3. The Merry Motoland event and plans for future communication with residents.
4. Council’s disappointment in MQ and Motoland not engaging and communicating with their neighbours prior to work commencing.

From 3 October 2021, Council received complaints regarding environmental nuisance from surrounding residents. The majority were noise related, specifically motorcycle activity and earthworks activity (including the use of a high-capacity storage water truck). There were also complaints raised regarding stormwater contamination and dust nuisance.

Multiple noise monitoring inspections were undertaken by Authorised Officers between October and November 2021. These monitoring inspections occurred on 9 October, 17 October, 24 October, 3 November and 6 November 2021.

On 29 October 2021, officers attended the site and discussed erosion and sediment control matters with Motoland staff. This site inspection was a direct response to complaints made in relation to stormwater contamination of Sandy Creek due to the ongoing earthworks and the additional tracks created.

On 18 November 2021 under the Environmental Protection Act 1994 (the Act) an environmental protection order (EPO) was issued to Motoland Pty Ltd.

On 21 November 2021 A request from Motoland’s lawyers regarding an extension to requirements listed within the EPO to 31 January 2022.

On 26 November 2021 Council agreed to an extension of 14 days to requirements listed within the EPO.

On 9 December 2021 Council received a request Motoland’s lawyers regarding an extension and/or amendment to requirements listed within the EPO.

On 15 December 2021 Council agreed to an extension of 3 days and some minor amendments to requirements listed within the EPO and updated the EPO.

On 24 December 2021 Council received a request from Motoland’s lawyers regarding an extension to requirements listed within the EPO. Council is currently awaiting further details from Motoland’s lawyers before determining this request.

On 1 May 2018, Motorcycling Queensland lodged a Development Application to Council for a Variation Request and to subdivide the land into 217 residential lots (application reference number 3268/2018/CA).

On 30 May 2018, Council issued a lengthy information request identifying technical issues with the proposal, as well as noting that the area is predominately large lot acreage style housing. The applicant was advised that a wider local planning exercise would occur following public notification to determine the suitability of the proposal.

On 31 July 2018, the applicant commenced public notification of the development application. Council received 35 submissions. The submissions primarily related to the inappropriate size of the proposed lots, increases to local traffic and concerns about the impact on the Warrego Highway interchange.

On 21 March 2019, the applicant requested to withdraw the application. Accordingly, the proposal was not required to be decided by Council, and the application is no longer of any relevance.

Council owns 350-440 Paynes Road, Ebenezer (44.7 ha) to the immediate west of Queensland Raceway.

Motorcycling Queensland commenced a 30-year lease for this site on 1 May 2015 with the aim of developing a world-class off-road facility to compliment the proposed expansion of Willowbank precinct.

As part of preparations for the off-road facility, MQ undertook significant master planning and design option studies.

MQ was required to transfer all motorsport activities from the Chuwar facility as part of the development of the new site within 3 years of receiving tenure.

Motorcycle Queensland requested a lease termination in October 2017.

In April 2018 following the advice from MQ of its intention to surrender the lease, Council terminated the lease.

The Rating Category is 43c Commercial ($500k to $1m). The General Rates are $7,443.80 per annum. There are no rates concessions provided to the property.

Council is awaiting the response to the Environmental Protection Order, which is due on 24 January 2022. Depending on the response, such as the results of the noise monitoring, there may be additional attenuation measures or changes to the operation put in place.

Compliance action using the Environmental Protection Act is the method Council can seek a change to the operation of the site. If compliance with the Environmental Protection Act requirements is achieved and if the site continues to operate within the limits of the existing approval, Council will not be able to take any further action.

However, failure to comply with an Environmental Protection Order is an offence. Therefore, if compliance with the Environmental Protection Act requirements is not achieved Council would need to seek relief from the Planning and Environment Court. Failure to comply with an Environmental Protection Order has the following maximum penalties;

• The maximum penalty for an individual for wilfully contravening an EPO is 6250 penalty units, totalling $856,250 or five years imprisonment.
• The maximum penalty for a corporation for wilfully contravening an EPO is 31,250 penalty units, totalling $4,281,250.
• The maximum penalty for an individual for contravening an EPO is 4500 penalty units, totalling $616,500.
• The maximum penalty for a corporation for contravening an EPO is 22,500 penalty units, totalling $3,082,500