General News
25 October, 2026
Berthing dispute escalates
A LONG-RUNNING bitter dispute over the management of the Clump Point Boating Facility has escalated significantly, with marine tourism operator Myroo Group lodging a formal complaint to the Department of Transport and Main Roads (TMR).
Alleged favouritism
The complaint, filed earlier this month by Myroo director Bry Penfold, alleges commercial favouritism, inconsistent application of berthing requirements and unfair management practices by the Cassowary Coast Regional Council regarding the state-owned infrastructure.
The core of the grievance centres on the treatment of Myroo’s high-speed catamaran, QuickCoast – previously the largest commercial passenger vessel operating out of Clump Point – compared to a competing operator, Mission Beach Dive’s vessel, Mahi Mahi.
According to correspondence provided to council chief executive officer Andrew Graffen, Myroo suspended its scheduled operations after council advised in October 2025 that existing pontoon-berthing arrangements would be terminated.
Operators were told they must transition to newly-allocated pen berths from 1 July 2026.
Berths ‘incompatible’
Myroo maintains that the pen berths are incompatible with the safe operation and Work Health and Safety (WHS) requirements of a vessel the size of QuickCoast, effectively forcing the business off the water.
The operator alleges that while its own arrangements were dismantled, the competing vessel Mahi Mahi occupied the southern side of the northern pontoon for approximately 15 months without valid berthing rights or approval.
Tense email exchanges
In a series of tense email exchanges leading up to the formal complaint, Mr Penfold repeatedly pressed Mr Graffen to disclose records regarding how many nights Mahi Mahi berthed at the northern loading pontoon.
Mr Graffen responded that council does not continuously monitor vessel use, does not maintain records of individual mooring times or overnight stays and is not subject to continuous on-site supervision.
While confirming that Mahi Mahi was successful in a recent pen berth tender process, the CEO stated that council has not identified any separate approval for ongoing overnight pontoon berthing and declined to provide commercial or personal information relating to other operators.
Mr Graffen also maintained that “council does not consider there to be an unresolved dispute in relation to this matter.”
TMR gets involved
Mr Penfold has now escalated the issue to state transport authorities.
The formal complaint to TMR calls for an independent review, demanding transparency on facility allocations, historical fee waivers and a quarter-by-quarter account of all vessels berthing since January 2023.
Furthermore, Myroo has previously signalled substantial financial fallout from the suspension, noting that restarting its multi-asset tourism operation – which includes land-based coaches and vessel maintenance – carries severe cost implications.
Operations on hold
Since stopping operations last year over the berthing dispute, Myroo has not relaunched the business at Mission Beach.
Council has reiterated that its position regarding Myroo Group remains unchanged.
It said it managed the state-owned facility on behalf of TMR “strictly in accordance with the approved state government’s ‘operational management plan’.”
Addressing concerns surrounding oversight, fairness, and berthing infrastructure, council emphasised that commercial arrangements apply equally to all operators through established processes, while respecting privacy and commercial confidentiality.
Regarding the pen berths, council confirmed it has passed operator concerns regarding berth access and functionality directly to TMR as the facility owner.
However, consistent with existing policies, council advised that commercial operators themselves are responsible for funding any facility infrastructure upgrades required for their specific operations, subject to TMR design and delivery approvals.
Council also clarified that it does not actively monitor CCTV footage.
It said council remained open to discussions with Myroo Group.
TMR said state authorities were now examining the matter.
Read More: Cassowary Coast