Cover page Agenda and Min Reserve Trust infocouncil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

 

Byron Shire Reserve Trust Committee Meeting

 

 Thursday, 27 August 2015

 

held at Council Chambers, Station Street, Mullumbimby

commencing at 2.00pm

 

 

 

 

Public Access relating to items on this Agenda can be made at 2pm on the day of the Meeting.  Requests for public access should be made to the General Manager or Mayor no later than 12.00 midday on the day prior to the Meeting.

 

 

 

Ken Gainger

General Manager

 


CONFLICT OF INTERESTS

What is a “Conflict of Interests” - A conflict of interests can be of two types:

Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Local Government Act (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

Remoteness – a person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in Section 448 of the Local Government Act.

Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).

Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:

§  The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or

§  The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.

N.B. “Relative”, in relation to a person means any of the following:

(a)   the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;

(b)   the spouse or de facto partners of the person or of a person referred to in paragraph (a)

No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:

§  If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or

§  Just because the person is a member of, or is employed by, the Council.

§  Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.

Disclosure and participation in meetings

§  A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.

§  The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:

(a)   at any time during which the matter is being considered or discussed by the Council or Committee, or

(b)   at any time during which the Council or Committee is voting on any question in relation to  the matter.

No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.

Participation in Meetings Despite Pecuniary Interest (S 452 Act)

A Councillor is not prevented from taking part in the consideration or discussion of, or from voting on, any of the matters/questions detailed in Section 452 of the Local Government Act.

Non-pecuniary Interests - Must be disclosed in meetings.

There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with.  Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:

§  It may be appropriate that no action be taken where the potential for conflict is minimal.  However, Councillors should consider providing an explanation of why they consider a conflict does not exist.

§  Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa).  Care needs to be taken when exercising this option.

§  Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)

§  Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in S451 of the Local Government Act apply (particularly if you have a significant non-pecuniary interest)

RECORDING OF VOTING ON PLANNING MATTERS

Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters

(1)   In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:

(a)   including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but

(b)   not including the making of an order under Division 2A of Part 6 of that Act.

(2)   The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.

(3)   For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.

(4)   Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.

(5)   This section extends to a meeting that is closed to the public.

 


BYRON SHIRE COUNCIL

Byron Shire Reserve Trust Committee

 

 

BUSINESS OF MEETING

 

1.    Public Access

2.    Apologies

3.    Declarations of Interest – Pecuniary and Non-Pecuniary

4.    Staff Reports

Sustainable Environment and Economy

4.1       Brunswick Sculpture Walk Request for Approval to issue Temporary Licence .............. 4

4.2       Corporate Team Building Activities on Beach - Approval to issue a Temporary Licence 27

Infrastructure Services

4.3       Section 34A Lease/Licence Application - Butler Street Reserve.................................... 31   

 

 

 

Councillors are encouraged to ask questions regarding any item on the business paper to the appropriate Director or Executive Manager prior to the meeting. Any suggested amendments to the recommendations should be provided to the Administration section prior to the meeting to allow the changes to be typed and presented on the overhead projector at the meeting.

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                     4.1

 

 

Staff Reports - Sustainable Environment and Economy

 

Report No. 4.1             Brunswick Sculpture Walk Request for Approval to issue Temporary Licence

Directorate:                 Sustainable Environment and Economy

Report Author:           Claire McGarry, Events and Grants Officer

Claire Campbell, Leasing/Licensing Officer

File No:                        I2015/724

Theme:                         Economy

                                      Economic Development

 

 

Summary:

 

This report refers to the issuing of a Temporary Licence for a number of sites proposed for the Brunswick Heads Sculpture Walk.

 

 

  

 

RECOMMENDATION:

That the Reserve Trust grant a temporary licence, under section 108 of the Crown Lands Act, for the purpose of an “Exhibition”, to the Brunswick Heads Progress Association for part of the Brunswick Nature Sculpture Walk for the period 2 October to 6 October 2015 on Crown Reserve R97139, known as Venture Park and Brunswick Heads Beach.

 

Attachments:

 

1        Brunswick Nature Sculpture Walk attachment, E2015/48316 , page 9  

 

 


 

Report

 

In December 2014, Council resolved to support the establishment of the Brunswick Nature Sculpture Walk.

 

Resolution 14-602 stated that:

 

3. In relation to the Brunswick Nature Sculpture Walk, that Council:

 

a) make a donation of $5,000 from the Public Art budget (2364.001) to the Brunswick Nature Sculpture Walk to seed fund the development of a number of artworks, for the following reasons:

 

·    The Brunswick Nature Sculpture Walk project encourages high quality art, in line with the aims of the Public Art Policy

·    The project encourages participation by professional artists (for example, is timed after Swell in Tweed Heads and before Sculpture by the Sea in Bondi – the sculpture trail)

·    The workshops in the project offer an important educational aspect for locals and visitors

·    There is evidence of excellent community participation

·    It provides an opportunity to work with several partners

·    There is currently no arts showcase or event in Brunswick Heads.

 

b) note that prior to any installation of artworks, appropriate formal application will be made to Council for the event in the form of a Development Application, Temporary Licence or Public Art Application, whichever is identified as required.

 

The below report and recommendation refers to the provision of a Temporary Licence for a number of proposed sites.

 

Activity Overview

The Brunswick Nature Sculpture Walk is a temporary exhibition which celebrates nature and community and will be held on 3 to 5 October 2015.  A Program Outline is provided in Attachment 1.

Forty sculptures will be displayed throughout the Brunswick Heads foreshore area and the project includes collaboration between professional artists, local schools and Southern Cross University.

Artists and works were chosen by the curators based on the following criteria:

·    works reflecting Brunswick Heads,

·    ephemeral installations,

·    an environmental message and

·    appropriateness of materials and concept.

 

Artists have been taken through the site with the curators to discuss placement and installation details.

 

The structural engineers – Ardill Payne and Partners will receive information on works prior to the event and will assess on the installation day of Friday 2 October, with all works assessed on the basis of sound construction and safety. Certification will be provided.

 

Risk assessments for each sculpture have also been submitted and following a review by staff, no moderate or major risks have been identified in the risk assessments.

For more information on artists and school projects go the website- www.brunswicknaturesculpturewalk.com

 

Council’s planning team have indicated that a Development Application will not be required, however approximately half of the proposed sites will require a Temporary Licence from Council. The other half are on Crown Land managed by North Coast Holiday Parks. A site map, with sculpture sites numbered, has been developed to assist in providing the event organisers clear information about the land ownership and constraints for each site.

 

Temporary Licence to use Crown Reserve R97139

 

Part of the proposed sculpture walk seeks to use Crown Reserve R97139, which is subject to the Council’s Policy 5.52 Commercial Activities on Coastal and Riparian Crown Reserves, to exhibit sculptures.  Section 5 of this policy outlines the activities council may issue a temporary licence over this area for. These activities are:

 

·    Sporting Events – Organised

·    Educationally based community activities

·    Fundraising activities by Registered Charities

·    Political Functions

·    Religious Functions

·    Weddings

 

Additionally, Council Resolution 14-286, states in part that ‘any applications that are not expressly referred to in the Policy will be considered at a meeting of Council’.

 

Brunswick Nature Sculpture Walk is classed as an ‘Exhibition’, which is not referred to in Council’s policy as an event or activity that can be licensed by staff under delegation. However, under Section 108 of the Crown Lands Act, an ‘Exhibition’ is a category available for use of this land.

 

It is recommended that Council resolve to approve the issue of a temporary licence under Section 108 of the Crown Lands Act for the purpose of an “Exhibition”, to the Brunswick Nature Sculpture Walk, to enable the display of sculptures on this Crown Reserve as part of the overall project.

 

 

Financial Implications

 

Council has previously supported the Brunswick Nature Sculpture Walk as follows:

 

·    a $5,000 donation from the 2014/15 public art budget (14-602)

·    two $500 Public Art Small Grants from the 2014/15 public art budget (15-249)

·    $2,000 from the Events and Festivals Sponsorship Fund 2014/15.

 

The organisers of Brunswick Nature Sculpture Walk paid a $170 application fee for a Non-Commercial Temporary Activity (Other).  They will also pay a licence fee of $155.00 per day in accordance with Council adopted fees and charges.

 

The non-commercial category has been applied in accordance with the adopted fees and charges definitions, as there is no income being generated on the reserve from product sales or similar as part of the ‘Exhibition’ activities. 

 

 

Statutory and Policy Compliance Implications

 

CROWN LANDS ACT 1989 - SECT 108

 

Temporary licences

 

108 Temporary licences

 

(1)     A reserve trust may, in respect of the whole or any part of a reserve, grant temporary licences for grazing or any other prescribed purpose.

 

(2)     A temporary licence may be granted subject to conditions and is also subject to such conditions as may be prescribed.

 

(3)     A temporary licence may not be granted for any purpose for which an authority, permit, lease or licence may be granted under the Fisheries Management Act 1994 .

 

(4)     A temporary licence ceases to have effect on the expiration of the prescribed period after it is granted unless it is revoked sooner or is granted for a shorter period.

 

Crown Lands Regulation 2006 REG 31

31 Temporary licences

“(1)    For the purposes of section 108 (1) of the Act, in addition to grazing, the purposes for which a temporary licence may be granted are as follows:

 

(a) access through a reserve,

(b) advertising,

(c) camping using a tent, caravan or otherwise,

(d) catering,

(e) emergency occupation,

(f) entertainments,

(g) equestrian events,

(h) exhibitions,

(i) filming (within the meaning of the Local Government Act 1993),

(j) functions,

(k) hiring of equipment,

(l) holiday accommodation,

(m) markets,

(n) meetings,

(o) military exercises,

(p) mooring of boats to wharves or other structures,

(q) sales,

(r) shows,

(s) sporting and organised recreational activities,

(t) stabling of horses,

(u) storage.

 

(2)     For the purposes of section 108 (2) of the Act, in addition to any other condition subject to which a temporary licence is granted, the licence is subject to the condition that the relationship of landlord and tenant is not created between the parties.

 

(3)     For the purposes of section 108 (4) of the Act, the prescribed period for the expiration of a temporary licence is one year following the date on which it is granted.”

 

Byron Shire Council Policy 5.52 Commercial Activities on Coastal and Riparian Crown Reserves

 

Section 4 of Council’s Policy 5.52 Commercial Activities on Coastal and Riparian Crown Reserves defines what activities Council has determined may be carried out on a coastal Crown reserve without requiring the issue of a temporary licence.

 

These activities are:

 

·    Emergency Services performed by recognised Emergency Service Organisations;

·    Social Gatherings;

·    Spreading of Ashes; and

·    Volunteer Rescue Organisations – Training Days

 

Section 5 of this same policy outlines what activities council may issue a temporary licence over this area for.

 

These activities are.

 

·    Sporting Events – Organised

·    Educationally based community activities

·    Fundraising activities by Registered Charities

·    Political Functions

·    Religious Functions

·    Weddings

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                     4.1 - Attachment 1

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BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                     4.2

 

 

Report No. 4.2             Corporate Team Building Activities on Beach - Approval to issue a Temporary Licence

Directorate:                 Sustainable Environment and Economy

Report Author:           Claire McGarry, Events and Grants Officer

Claire Campbell, Leasing/Licensing Officer

File No:                        I2015/802

Theme:                         Economy

                                      Economic Development

 

 

Summary:

 

This report refers to the issuing of a Temporary Licence for a ‘Beach Olympics’ on Tallows Beach.

 

 

  

 

RECOMMENDATION:

That the Reserve Trust grant a temporary licence, under section 108 of the Crown Lands Act, for the purpose of “Sporting and organised recreational activities”, to Pinnacle Events for Monday 9 November 2015 on Crown Reserve R97066, known as Tallow Beach.

 

 

 

 

 


 

Report

 

This report and recommendation refers to the provision of a Temporary Licence for a ‘corporate team building’ activity on Tallows Beach.

 

Activity Overview

         

Pinnacle Events have submitted a temporary licence application to host a ‘beach olympics’ on Tallows Beach from 2pm – 4pm on Monday 9 November 2015. The activity is part of a broader corporate conference being held at the Byron at Byron Resort.

 

The activity involves 14 participants who will be broken into two teams to participate in beach volleyball, initiative tasks, beach relays etc. Public access to the beach will not be impeded by this activity as no areas will be ‘roped off’.

 

 

Temporary Licence to use Crown Reserve R97066

 

The proposed corporate team building activity seeks to use Crown Reserve R97066 which is gazetted for the Purpose of Public Recreation and Protection from Sand Drift, and is subject to the Council’s Policy 5.52 Commercial Activities on Coastal and Riparian Crown Reserves. Section 5 of this policy outlines what activities council may issue a temporary licence over this area for. These activities are:

 

·    Sporting Events – Organised

·    Educationally based community activities

·    Fundraising activities by Registered Charities

·    Political Functions

·    Religious Functions

·    Weddings

 

The proposed activity does not meet the definition of “Sporting Events – Organised” as outlined in Council’s Policy 5.52 Commercial Activities on Coastal and Riparian Crown Reserves. The policy defines such an activity as “events organised on a not-for-profit and community oriented basis, where prizes are distributed on an amateur basis”. The proposed corporate activity is not consistent with this Policy requirement. 

 

Additionally, Council Resolution 14-286, states in part that ‘any applications that are not expressly referred to in the Policy will be considered at a meeting of Council’.

 

The type of event proposed by Pinnacle Events’ is not expressly referred to in the Policy therefore cannot be licensed by staff under delegation. However, “Sporting and organised recreational activities” is a category available for the issue of temporary licenses under Section 108 of Crown Lands Act.

 

It is requested that Council consider resolving to approve the issue of a temporary licence under Section 108 of the Crown Lands Act for the activity as “Sporting and organised recreational activities”.

 

Financial Implications

 

Charges for the licence would be applied as per the Temporary Commercial Activities Fees set out in Byron Shire Council’s Fees and Charges 2015/16. The fees would consist of an application of $225 inc. GST, as well as a daily licence fee of $312 inc. GST. The total licence fee charged would be $537 inc. GST.

 

Statutory and Policy Compliance Implications

 

CROWN LANDS ACT 1989 - SECT 108

 

Temporary licences

 

108 Temporary licences

 

(1) A reserve trust may, in respect of the whole or any part of a reserve, grant temporary licences for grazing or any other prescribed purpose.

 

(2) A temporary licence may be granted subject to conditions and is also subject to such conditions as may be prescribed.

 

(3) A temporary licence may not be granted for any purpose for which an authority, permit, lease or licence may be granted under the Fisheries Management Act 1994 .

 

(4) A temporary licence ceases to have effect on the expiration of the prescribed period after it is granted unless it is revoked sooner or is granted for a shorter period.

 

Crown Lands Regulation 2006 REG 31

31 Temporary licences

“(1)    For the purposes of section 108 (1) of the Act, in addition to grazing, the purposes for which a temporary licence may be granted are as follows:

 

(a) access through a reserve,

(b) advertising,

(c) camping using a tent, caravan or otherwise,

(d) catering,

(e) emergency occupation,

(f) entertainments,

(g) equestrian events,

(h) exhibitions,

(i) filming (within the meaning of the Local Government Act 1993),

(j) functions,

(k) hiring of equipment,

(l) holiday accommodation,

(m) markets,

(n) meetings,

(o) military exercises,

(p) mooring of boats to wharves or other structures,

(q) sales,

(r) shows,

(s) sporting and organised recreational activities,

(t) stabling of horses,

(u) storage.

 

(2)     For the purposes of section 108 (2) of the Act, in addition to any other condition subject to which a temporary licence is granted, the licence is subject to the condition that the relationship of landlord and tenant is not created between the parties.

 

(3)     For the purposes of section 108 (4) of the Act, the prescribed period for the expiration of a temporary licence is one year following the date on which it is granted.”

 

Byron Shire Council Policy 5.52 Commercial Activities on Coastal and Riparian Crown Reserves

 

Section 4 of Council’s Policy 5.52 Commercial Activities on Coastal and Riparian Crown Reserves defines what activities Council has determined may be carried out on a coastal Crown reserve without requiring the issue of a temporary licence.

 

These activities are:

 

·    Emergency Services performed by recognised Emergency Service Organisations;

·    Social Gatherings;

·    Spreading of Ashes; and

·    Volunteer Rescue Organisations – Training Days

 

Section 5 of this same policy outlines what activities council may issue a temporary licence over this area for.

 

These activities are.

 

·    Sporting Events – Organised

·    Educationally based community activities

·    Fundraising activities by Registered Charities

·    Political Functions

·    Religious Functions

·    Weddings

 

  


BYRON SHIRE COUNCIL

Staff Reports - Infrastructure Services                                                                   4.3

 

 

Staff Reports - Infrastructure Services

 

Report No. 4.3             Section 34A Lease/Licence Application - Butler Street Reserve

Directorate:                 Infrastructure Services

Report Author:           Phil Warner, Manager Assets and Major Projects

Claire Campbell, Leasing/Licensing Officer

File No:                        I2015/831

Theme:                         Community Infrastructure

                                      Roads and Maritime Services

 

 

Summary:

 

The Butler Street Reserve is ideally located to accommodate the contractors construction compound for the construction of the Byron Bay Town Centre Bypass, and offers available services and direct access to the road construction.  There is no other available area in close proximity to the works of suitable size. 

 

This report recommends that Council, as the Reserve Trust, provide its support for Council negotiating and entering into a short-term 34A Lease/License over a part of Butler Street Reserve for the purpose of road construction compound. 

  

 

RECOMMENDATION:

That Council, as the Reserve Trust Manager of Byron Bay (R88993) Reserve Trust support for Council negotiating and entering into a short-term 34A Lease/Licence with NSW Trade and Investment Crown Lands Division for part Butler Street Reserve, for the purposes of a temporary site compound, for the construction of Byron Bay Town Centre Bypass.

 

 

 

 

 


 

Report

 

Land Information

Part Crown Reserve R88993 being part Lot 389DP 728537, part Lot 390 DP 728538 and part Lot 391 DP 728539 known as part Butler Street Reserve, Byron Bay.

                                                

Owner – NSW Trade and Investment (Crown Lands)

Reserve Trust – Byron Bay (R88993) Reserve Trust

Trust Manager – Byron Shire Council

Gazetted – 17/08/1973

Gazetted purpose - public recreation

Byron LEP 2014 Zone – RE1 public recreation zone

 

Council is progressing the implementation of the Byron Bay Town Centre Bypass on the preferred Butler Street route.  An EIS for the project has been completed, a DA lodged and this is currently being assessed by Council planners and will be referred to the Joint Regional Planning Panel (JRPP) for determination.

 

Subject to final project approval, construction of the road and related works is scheduled to commence in March 2016.  The works will be tendered and the successful contractor will need to establish a compound for site offices, equipment, materials and machinery.

 

The Butler Street Reserve is ideally located to accommodate a construction compound and offers available services and direct access to the road construction.  There is no other available area in close proximity to the works of suitable size.

 

The exact location and scale of the proposed compound will be subject to negotiation with Crown Lands.  It is anticipated that Crown will apply a lease fee to the agreement and apply terms and conditions regarding the site area restoration once construction is complete.

 

The construction contract documents will set out the requirements for the compound and the required restoration following completion of the project.  A charge for use of the Butler Street Reserve will be determined and will be payable by the contractor.  It is anticipated the compound area will be required for approximately one year following establishment. 

 

Upon review of the Byron Bay Town Centre Bypass project area and adjoining land parcels, there seems to be no other available land on the route with sufficient area to accommodate the compound that will be required.

 

Use of the compound will be in accordance with the consent conditions for the project and other relevant legislation such as the Protection of the Environment Operations Act – 1997 (POEO Act 1997).

 

Financial Implications

 

There are no financial implications for the Reserve Trust.

 

Statutory and Policy Compliance Implications

 

Crown Lands Act 1989 No 6

34   Powers of Minister in relation to Crown land

(1)  The Minister may, in such manner and subject to such terms and conditions as the Minister determines:

(a)  sell, lease, exchange or otherwise dispose of or deal with Crown land, or

(b)  grant easements or rights-of-way over, or licences or permits in respect of, Crown land,

      on behalf of the Crown.

(2)  (Repealed)

(3)  The Minister may not, under subsection (1):

(a)  sell or exchange Crown land,

(b)  lease Crown land for a term exceeding 5 years, or

(c)  lease Crown land for a term that, by the exercise of an option, could exceed 5 years,

      unless the relevant date for the sale, exchange or lease is at least 14 days after notice of intention to sell, exchange or lease the land has been published in a newspaper circulating in the locality in which the land is situated or in a newspaper circulating generally in the State.

(4)  For the purposes of subsection (3) the relevant date:

(a)  for a sale or exchange by private treaty is the date on which the Minister enters into a contract to sell or exchange the land,

(b)  for a sale by auction is the date of the auction,

(c)  for a sale by tender is the closing date for tenders,

(d)  for a sale by ballot is the closing date for nominations for the ballot, and

(e)  for a lease is the date on which the lease is granted.

(5)  If, under subsection (1), Crown land:

(a)  is offered for sale by auction and is not sold at the auction,

(b)  is offered for sale by tender and no tender is received or accepted, or

(c)  is offered for sale by ballot and no nomination of the ballot is received or accepted,

      subsection (3) does not apply to a sale of the land by private treaty.

(6)  This section does not authorise the sale of Crown land which is reserved for a public purpose.

(7)  Crown land the subject of a special purpose lease within the meaning of Division 3A may be leased under this section, but only if the granting of a lease under this section is authorised by, and complies with, the terms of the special purpose lease.

34A   Special provisions relating to Minister’s powers over Crown reserves

(1)  Despite any other provision of this Act, the Minister may grant a lease, licence or permit in respect of, or an easement or right-of-way over, a Crown reserve for the purposes of any facility or infrastructure or for any other purpose the Minister thinks fit. Any such lease, licence, permit, easement or right-of-way is referred to in this section as a relevant interest.

(2)  The following provisions apply in relation to the granting of a relevant interest:

(a)  the Minister is to consult the following persons or bodies before granting the relevant interest:

(i)  the person or body managing the affairs of the reserve trust (if any) appointed under Part 5 as trustee of the Crown reserve that is the subject of the relevant interest,

(ii)  if the Crown reserve is being used or occupied by, or is being administered by, a government agency—the Minister to whom that agency is responsible,

(b)  if the Crown reserve is to be used or occupied under the relevant interest for any purpose other than the declared purpose (as defined in section 112A) of the reserve—the Minister is to specify, by notice published in the Gazette, the purposes for which the Crown reserve is to be used or occupied under the relevant interest,

(c)  the Minister is not to grant the relevant interest unless the Minister:

(i)  is satisfied that it is in the public interest to grant the instrument, and

(ii)  has had due regard to the principles of Crown land management.

(3)  Failure to comply with subsection (2) (a) does not affect the validity of the relevant interest concerned.

(4)  The proceeds from a relevant interest are to be applied as directed by the Minister.

(5)  Without limiting subsection (4), any such direction by the Minister may include any of the following:

(a)  a direction that the proceeds (or part of the proceeds) be paid to the Consolidated Fund or to the Public Reserves Management Fund constituted under the Public Reserves Management Fund Act 1987,

(b)  in the case of a relevant interest granted in respect of a Crown reserve for which a reserve trust has been appointed as trustee under Part 5—a direction that the proceeds (or part of the proceeds) be paid to the reserve trust or to another reserve trust,

(c)  in the case of a relevant interest granted in respect of a travelling stock reserve under the care, control and management of a livestock health and pest authority—a direction that the proceeds (or part of the proceeds) be paid to that livestock health and pest authority,

(d)  in the case of a Crown reserve referred to in subsection (2) (a) (ii)—a direction that the proceeds (or part of the proceeds) be paid to the relevant government agency.

(6)  The provisions of:

(a)  Divisions 3 and 3A apply in relation to a lease granted under this section, and

(b)  Division 4 apply in relation to a licence granted under this section, and

(c)  Division 5 apply in relation to an easement granted under this section as though the easement was granted or created under that Division, and

(d)  Division 6 apply in relation to a permit granted under this section as though the permit was granted under that Division.

Accordingly, in relation to the granting of a relevant instrument, a reference in Divisions 3–6 to Crown land includes a reference to a Crown reserve.

(6A)  Nothing in this section affects the operation of section 35.

(7)  In this section:

Crown reserve means land that is, or is part of, a reserve within the meaning of Part 5, and includes:

(a)  land within a travelling stock reserve, or

(b)  land within any other reserves for public purposes under the control of trustees or other authorities.

(8)  For the avoidance of any doubt, the power of the Minister to grant a relevant interest in respect of a Crown reserve under this section includes the power to enter into an agreement for such a relevant interest.

(9)  A Crown reserve the subject of a special purpose lease within the meaning of Division 3A may be leased under this section, but only if the granting of a lease under this section is authorised by, and complies with, the terms of the special purpose lease.