Is the Oxley Beach Ocean Pool a Council Project? | Port Macquarie

Is the Oxley Beach Ocean Pool a Council Project?

There is considerable confusion in the community about the role of Port Macquarie-Hastings Council in the proposed Oxley Beach Ocean Pool.

Some people believe that because Council has allowed the Planning Proposal to progress to the NSW Government for Gateway Determination, Council has approved or endorsed the Ocean Pool.

That is not what the Council decision means.

Council's current role is primarily as the local planning authority administering the NSW planning process. In May 2026, Council resolved to progress the Planning Proposal to the NSW Government for Gateway Determination. Council itself stated that this does not represent approval of the project, nor does it commit Council to future funding, ownership, operation or maintenance.

This distinction is important.

The Ocean Pool remains a community-led proposal, rather than a Council project.

What Does Council's Ocean Pool Fact Sheet Say?

Port Macquarie-Hastings Council has published an Ocean Pool Fact Sheet specifically explaining its position.

Read the Port Macquarie-Hastings Council Ocean Pool Fact Sheet (PDF)

The fact sheet states that the proposed Port Macquarie Tidal Pool/Ocean Pool is a community initiative driven by the Port Macquarie Tidal Pool Committee and explicitly says:

“The tidal/ocean pool project is not a Council project.”

Council also states that it has maintained a position of non-involvement in the development, funding or delivery of the project, while providing planning support as required in its role as the relevant planning authority.

That distinction should be kept in mind whenever the status of the Ocean Pool is discussed.

What Has Council Actually Done?

Council has taken several decisions relating to the proposal over the years.

These decisions have allowed the project to progress through parts of the planning system, but they have not amounted to approval to construct the Ocean Pool.

May 2018 — Ocean Pool Not a Strategic Priority

Council formally resolved in May 2018 that an ocean tidal pool was not a strategic priority for Port Macquarie-Hastings Council. This position is recorded in Council's Ocean Pool Fact Sheet.

July 2023 — In-Principle Support for Planning Activities

In July 2023, Council resolved to provide in-principle support for the Port Macquarie Tidal Pool Committee to progress planning activities, including providing owner's consent for the lodgement of a Planning Proposal.

However, Council's resolution specifically stated that this support did not extend to a commitment to:

• fund the project;

• own the facility;

• operate the facility;

• manage the facility; or

• maintain the facility.

Council's cumulative resolution register confirms this wording.

This is an important distinction between supporting a planning process and supporting the construction of a project.

What Happened in May 2026?

On 21 May 2026, Council resolved to progress the Planning Proposal for the proposed Oxley Beach Ocean Pool to the NSW Government for Gateway Determination.

This is a formal step within the NSW planning system.

The purpose of Gateway is to allow the NSW Government to consider whether the Planning Proposal has sufficient strategic merit to continue through the statutory planning process.

It does not mean that the Ocean Pool has been approved.

Council's public statement was explicit:

The Gateway Determination process does not represent approval of the project.

Council also requested that the NSW Department of Planning, Housing and Infrastructure remain the planning authority for determining the proposal because of potential future issues concerning Council ownership and financial involvement.

What Is a Gateway Determination?

A Gateway Determination is an early stage of the NSW planning process.

The Planning Proposal seeks to change the planning controls applying to the proposed Ocean Pool site.

Council's fact sheet explains that the proposed pool cannot proceed under the existing planning controls because the relevant land is currently zoned C2 Environmental Conservation and the proposed use is not currently permitted. An amendment to the Local Environmental Plan is therefore required.

The Planning Proposal seeks to enable the Ocean Pool through a change to the planning framework.

Gateway assessment provides the NSW Government with an opportunity to consider whether the proposal should proceed further.

If it does, there can then be further assessment, consultation and public exhibition.

Gateway is not a construction approval.

It is not:

• a Development Application approval;

• approval to construct the Ocean Pool;

• confirmation that the project will receive funding;

• confirmation that Council will own the facility;

• confirmation that Council will operate the facility; or

• confirmation that the project will ultimately proceed.

What Happens After Gateway?

There are several stages between a Planning Proposal and construction.

If the NSW Government issues a Gateway Determination allowing the proposal to proceed, the project would still need to move through subsequent planning and approval processes.

These can include:

1. Further technical investigations

Environmental, engineering, coastal, cultural heritage, traffic, accessibility and other issues may need to be addressed.

2. Public exhibition

Depending on the Gateway conditions, the Planning Proposal would proceed to formal public exhibition and community consultation.

3. Amendment to the Local Environmental Plan

The planning controls would need to be changed before a use that is currently prohibited could be considered under the new framework.

4. Development Application

Council's fact sheet explains that a Development Application would be required once the relevant use is permitted. Because of the nature and scale of the proposal, the DA would be regionally significant and ultimately determined by the relevant Regional Planning Panel.

5. Landowner consent

The proposal area includes Crown land, meaning the necessary Crown Lands approvals and consents also remain relevant.

6. Funding

A separate question remains as to how construction would ultimately be funded.

7. Construction

Only after the necessary planning, approvals, land arrangements and funding are secured could construction potentially proceed.

There is therefore a substantial difference between progressing a Planning Proposal and approving an Ocean Pool.

Who Is Responsible for Developing the Proposal?

Council's fact sheet identifies the Port Macquarie Tidal Pool Committee as the organisation driving the project.

The fact sheet says the Committee has undertaken feasibility, engineering, environmental and social impact work and has developed the proposal for consideration through the planning system.

Council's role is different.

Council must administer the planning process and assess information submitted by the proponent.

This creates an important requirement for Council:

Council must remain independent.

Council's fact sheet states that a list of issues requiring attention was provided to the proponent in May 2024 and that these matters must be addressed by the proponent rather than Council staff, because Council will ultimately be involved in assessing the information and needs to remain independent.

This is a fundamental principle of planning assessment.

The proponent is responsible for demonstrating that the project is suitable.

The planning authority is responsible for assessing whether the proposal meets the relevant planning requirements.

Council Has Not Committed to Funding the Ocean Pool

Another common misunderstanding concerns funding.

Council's position is clear: its 2023 resolution did not commit Council to funding the project.

Nor did it commit Council to future ownership, operation or maintenance.

This is particularly important because the construction cost is only one part of the financial equation.

A major coastal facility would potentially create long-term obligations involving:

• maintenance;

• repairs;

• cleaning;

• electricity;

• pumping;

• insurance;

• asset renewal;

• storm damage;

• coastal adaptation; and

• eventual replacement.

Whether those responsibilities would ever become Council's responsibility is a separate question that has not been determined simply because the Planning Proposal is progressing.

The Port Macquarie Aquatic Centre Is Different

Council's own fact sheet draws an important distinction between the proposed Ocean Pool and the Port Macquarie Aquatic Centre.

The Aquatic Centre is a Council-led project and remains Council's strategic priority for aquatic infrastructure investment.

Council explains that the existing Port Macquarie pool, which opened in 1966, is approaching the end of its useful life. Planning for a new aquatic centre has been underway for many years, with development approval obtained in 2024.

Council's current aquatic facilities program also includes community facilities throughout the region, including pools at Kendall and Laurieton.

This means there is an important difference between:

A Council strategic infrastructure project

and

A community-led proposal progressing through the planning system.

The proposed Oxley Beach Ocean Pool falls into the second category according to Council's published fact sheet.

Does Council Support the Ocean Pool?

The answer requires some nuance.

Council has provided in-principle support for planning activities and has allowed the Planning Proposal to progress through the statutory process.

But Council has also explicitly stated that:

• the Ocean Pool is not a Council project;

• Council has maintained a position of non-involvement in development, funding and delivery;

• its 2023 in-principle support did not commit it to funding;

• it did not commit to future ownership;

• it did not commit to operating the facility; and

• it did not commit to ongoing maintenance.

More recently, Council has made clear that progressing the proposal to Gateway does not constitute project approval.

So it would be inaccurate to describe the current situation simply as:

“Council has approved the Ocean Pool.”

That is not the status of the project.

What About the Planning Proposal?

The current proposal seeks to amend the planning framework so that an Ocean Pool can potentially be considered at the northern end of Oxley Beach.

Council's fact sheet explains that the current C2 Environmental Conservation zoning does not permit the proposed pool use. An amendment to the Local Environmental Plan is therefore required.

This is significant because the planning process is effectively asking a fundamental question:

Should the existing planning controls be changed to enable this particular development at this particular location?

That question remains to be properly determined through the statutory planning process.

Why This Distinction Matters

Understanding Council's role is important for the community because it prevents two very different things from being confused:

Planning the proposal

and

Approving the project.

The first can occur without the second.

Council can allow a Planning Proposal to enter the NSW planning pathway without deciding that construction should occur.

Similarly, a Gateway Determination can allow further assessment without guaranteeing that the Local Environmental Plan will ultimately be amended.

And even an LEP amendment would not, by itself, constitute approval to construct the Ocean Pool.

There are multiple stages still to come.

What Should the Community Watch For?

As the proposal progresses, some of the most important questions will include:

• What does the NSW Government's Gateway Determination require?

• What additional environmental investigations are undertaken?

• How are coastal hazards addressed?

• How are Aboriginal cultural heritage and Traditional Owner concerns addressed?

• What happens with unresolved Aboriginal land interests and Native Title matters?

• How is universal accessibility demonstrated?

• How will traffic and parking be managed?

• What is the final whole-of-life cost?

• Who will ultimately own and operate the facility?

• Who will pay for maintenance and major repairs?

• What happens if construction costs increase?

• What happens following major coastal storms?

• What does the community say during formal public exhibition?

• Will the Local Environmental Plan ultimately be amended?

• Will a Development Application be approved?

These are questions that cannot be answered simply by saying that Council has allowed the Planning Proposal to progress.

An Important Point for the Community

Protect Oxley Beach recognises that Council has responsibilities under the NSW planning system and must administer those responsibilities appropriately.

We also recognise that progressing a Planning Proposal allows important questions to be examined through a formal planning process.

But progressing a planning proposal is not the same as approving the development.

Council's own published information makes this distinction clear.

The Port Macquarie-Hastings Council Ocean Pool Fact Sheet states that the project is not a Council project, that Council has not committed to funding, ownership, operation or maintenance, and that the Gateway process is part of the planning pathway rather than approval to build.

The Process Is Still Open

The proposed Oxley Beach Ocean Pool has not received development approval for construction.

The Planning Proposal is moving through the NSW statutory planning system. Further assessment, consultation, approvals and public exhibition remain necessary.

That means there is still an opportunity for the community to ask difficult but important questions about:

location, environment, culture, accessibility, coastal risk, transport, planning and long-term cost.

Those questions are not an attempt to bypass the planning process.

They are precisely the questions that a robust planning process should consider.

The Bottom Line

If you have heard that Port Macquarie-Hastings Council has approved the Oxley Beach Ocean Pool, that is not an accurate description of the current position.

Council has progressed the Planning Proposal to the NSW Government for Gateway Determination, but Council has expressly stated that this does not represent approval of the project.

According to Council's own Ocean Pool Fact Sheet:

The proposed Ocean Pool is a community initiative, not a Council project.

Council has not committed to fund, own, operate or maintain it.

The planning process therefore remains an important opportunity for evidence to be examined and for the community to participate in decisions about the future of Oxley Beach.

Progressing a proposal is not approving a project.

And that distinction matters.

Official reference

For the most authoritative information on Council's stated position, project status and planning pathway, see the Port Macquarie-Hastings Council Ocean Pool Fact Sheet:

Port Macquarie-Hastings Council — Ocean Pool Fact Sheet

Council's current project update also confirms that the Gateway process does not represent approval and that further technical assessment and public consultation remain required.