13.18 - Attachment 1
Memorandum of Understanding
NSW Crown Holiday Parks Trust
Byron Shire Council
Memorandum of Understanding
Between the NSW Crown Holiday Parks Trust and Byron Shire Council
The NSW Crown Holiday Parks Trust (Trust) is responsible for the management a number of Crown reserves located in Brunswick Heads NSW. These include the Ferry Reserve, Massy Greene and Terrace Reserve Holiday Parks. The Trust also manages four Public Foreshore Reserves in Brunswick Heads known as Banner park, Terrace park, Torakina park and Simpsons Creek Reserve.
This memorandum of understanding sets out the parties’ agreement to a set of general principles, which define the roles of the parties and their commitments in relation to the care control and management of the crown reserves in Brunswick Heads, and the consideration of applications lodged by the Trust for approvals to operate the above holiday parks.
To guide this process the parties have agreed to enter into this Memorandum of Understanding (MOU).
Under this Memorandum of Understanding the parties intend to reach agreement on:
1. the portion of each Crown reserve that will be retained as the operational area of the holiday park
2. the remaining portion of each Crown reserve that will be available for public use
3. a timetable for review and amendment of the adopted Plans of Management to facilitate the above and any other consequential amendments
4. arrangements for the potential transfer of responsibility for management of four Brunswick Heads foreshore public reserves from the Trust to Council.
The Parties each have specific responsibilities under respective NSW legislation.
1. The Trust is responsible under the Crown Lands Act, for the management of specified Crown lands in accordance with Objectives and Principles of Crown land management, whilst operating in the best interest of the State and the people of NSW.
2. The Minister has adopted Plans of Management for the three Crown Reserve Holiday parks and for the Brunswick Heads Foreshore Public Reserves. The Trust has a statutory obligation under the Crown Lands Act to carry out and give effect to the adopted plans, and to ensure that no operations are undertaken on or in relation to the reserve unless they are in accordance with the adopted plans.
3. Council is responsible under the Local Government Act 1993 for development and achieving sustainable outcomes on behalf of the Byron Shire community and the State of NSW.
4. Council is responsible for the issue of approvals to operate holiday parks in accordance with the provisions of the NSW Local Government Act
1.4 Representation, Communication and subsequent Agreements
1. The Parties will select and nominate appropriate representatives to attend to negotiations and to fulfil the objectives set out in Clause 1.2 of this Memorandum of Understanding.
2. The parties will facilitate regular contact and discussions between their nominated representatives to fulfil the objectives set out in Clause 1.2 of this Memorandum of Understanding.
3. The parties may enter into subsequent financial, contractual or other agreements to fulfil the objectives set out in Clause 1.2 of this Memorandum of Understanding.
4. The parties acknowledge that any agreements reached by their representatives may be subject to subsequent consideration and approval by:
a. In the case of the NSW Crown Holiday Parks Trust – the NSW Crown Holiday Parks Trust Board, NSW Department of Primary Industries – Lands, or the Minister for Lands
b. In the case of Byron Shire Council – the elected Council
1.4 Description of Reserves
The following reserves are included in this Memorandum of Understanding
Gazetted Public Purpose
Ferry Reserve Holiday Park
Lot 101 & 102, DP851964
Lots 10 & 11 DP1169547
Part of adjoining road reserves
Lot 40, DP1134059
Lot 420, DP804961
Terrace Reserve Holiday Park
(Includes Banner Park, Terrace Park and Simpsons Creek Park)
Resting Place & Public Recreation
Lot 416, DP 728666
Lot 313, DP755692
Lot 403, DP 728637
Lot 408, DP728643
Lot 1 DP 1169548 Lot 50 DP1169550
Massey Green Holiday Park
R91536 & Part R1012196
Caravan and Camping Park. (91536). Access, Public Requirements, rural services, tourism purposes and environmental and heritage conservation
Lot 409, DP728650,
Lot 7005, DP1113421
Lot 20 DP 1169546
Future public requirements
Part Lot 423 DP729272
2.0 ADMINISTRATIVE PROVISIONS
The parties mutually agree:
1. Nothing in this Memorandum of Understanding shall be deemed or construed by the parties or any third party as creating the relationship of partnership or joint venture or the relationship of principal and agent between the parties or between the Authority and the Council;
2. In relation to all matters the subject of this Memorandum of Understanding, to act and consult in good faith with transparency;
3. To not disclose to any third party, any information which a party has declared to be confidential, unless there is a statutory requirement to do so
4. To establish a protocol for community engagement and dissemination of information to the media on negotiations between the parties under this MOU
5. A variation of this Memorandum of Understanding must be in writing and signed by the parties;
6. Unless otherwise agreed in writing, each party will bear its own costs and expenses in relation to the negotiation, preparation, execution, delivery and completion of this Memorandum of Understanding and any other related documentation.
7. This Memorandum of Understanding will terminate after a period of three years but may be extended at any time by the mutual agreement of the parties, in writing and signed by the parties.
8. Either party may terminate this Memorandum of Understanding prior to the termination date, by providing (30) days written notice to the other party.
Byron Shire Council NSW Crown Holiday Parks Trust
General Manager Chief Executive Officer