Court rules tropical island owner can be stripped of lease

An Australian company will appeal a Queensland Land Court decision, which will allow it to be stripped of its leases for an "abandoned" island resort.

A ruling last week found two leases on Brampton Island, 35 kilometres north-east of Mackay, could be forfeited back to the state for a "breach of the lease conditions".

Natural Resources Minister Dale Last will make a final decision on whether the land is retaken.

The 14-hectare island resort was purchased in 2010 by Brampton Enterprises, a company linked to United Petroleum, and was closed a year later.

Despite plans to build new facilities, the Land Court found the resort was "dilapidated to the point of falling down", and the tidal rock pool was being "reclaimed by the sea".

The North Queensland island once hosted up to 220 guests at a time, included a three-hole golf course and had an operating airstrip.

An inspection of Brampton Island ordered by Mr Last in December 2025, and referenced in the Land Court, found damage to buildings had been "accelerated" by tropical conditions.

"Following the resort's reported closure in 2011, it appears likely that the assets have essentially been abandoned and left to be taken over by the ravages of nature," the inspection report said.

Breach of conditions

Mr Last told the court in Mackay that the conditions of the lease had required Brampton Enterprises to use the land for tourism, and that the company's planning processes for a new resort did not fulfil the purpose of the land.

Brampton Enterprises had argued the condition had only excluded them from using the land for non-tourism purposes and did not require active use.

However, the Land Court said the conditions had been clear, and there was a direct obligation to use the land for actual tourism.

It found it had been "too long" for planning and approval processes to be counted as required use, due to 15 years passing since the resort's closure.

It also ruled the company had breached repair conditions, with buildings not maintained.

The court also found Brampton Enterprises did not provide enough evidence it had kept invasive Singapore daisies under control on the island.

The company told the court it "vigorously" opposed the forfeiture of the leases.

A Department of Justice spokesperson said Brampton Enterprises lodged an appeal on August 24.

No date or location has been set for an appeal hearing. 

Hopes for development

Plans to build villas accommodating 30 guests on Brampton Island were approved by the Mackay Regional Council in 2015.

The approval was extended on three occasions, including a five-year extension from July 2025.

Mackay resident Michelle Cox, 67, said the original resort was an important part of the community when she was a teenager.

"We lived out at the mining towns, but whenever we came into Mackay itself, which was once a month, we would generally do a day trip over to Brampton Island," she said.

"The resort was great. The food was basic, but we thought it was very good back then, and they often had live music playing.

"I've been there recently when we took our own boat out to go fishing, and it was just sad to have a look down and see what it had become."