TWEED SHIRE COUNCIL
AGENDA
TWEED COAST HOLIDAY PARKS RESERVE TRUST MEETING
Tuesday 17 February 2009
Chairman: Tr J van Lieshout
Trustees: Tr B Longland, Deputy Mayor Tr D Holdom
Tr K Milne
Tr W Polglase Tr K Skinner Tr P Youngblutt
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ITEMS FOR CONSIDERATION OF THE TRUST:
ITEM PRECIS PAGE
CONFIRMATION OF MINUTES 5
Minutes of the Ordinary and Confidential Tweed Coast Holiday Parks Reserve Trust Meeting held Tuesday 16 December 2008
5
REPORTS THROUGH THE EXECUTIVE MANAGER OF THE TRUST 7 REPORTS FROM DIRECTOR ENGINEERING & OPERATIONS 7 1 [EO-TCHP] Fingal Surf Club - Lease of Part Crown Reserve 1001008
and Part Crown Reserve 1001012
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CONFIDENTIAL MATTERS 11
REPORTS THROUGH EXECUTIVE MANAGER OF THE TRUST IN COMMITTEE 11
REPORTS FROM EXECUTIVE MANAGER OF THE TRUST 11
1 [TCHP-EM] Supply of Tent Accommodation Units at Hastings Point Holiday Park
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2 [TCHP-EM] Operating Report for the period 1 July 2008 to 31 December 2008
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CONFIRMATION OF MINUTES
Minutes of the Ordinary and Confidential Tweed Coast Holiday Parks Reserve Trust Meeting held Tuesday 16 December 2008
UNDER SEPARATE COVER/FURTHER INFORMATION:
To view any "non confidential" attachments listed below, access the meetings link on Council's website www.tweed.nsw.gov.au or visit Council's offices at Tweed Heads or Murwillumbah (from Friday the week before the meeting) or Council's libraries (from Monday the week of the meeting).
1. Minutes of the Ordinary Tweed Coast Holiday Parks Reserve Trust Meeting held Tuesday 16 December 2008 (ECM 1966391).
2. Confidential Attachment - Minutes of the Confidential Tweed Coast Holiday Parks Reserve Trust Meeting held Tuesday 16 December 2008 (ECM 1953558).
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REPORTS THROUGH THE EXECUTIVE MANAGER OF THE TRUST
REPORTS FROM DIRECTOR ENGINEERING & OPERATIONS
1 [EO-TCHP] Fingal Surf Club - Lease of Part Crown Reserve 1001008 and Part Crown Reserve 1001012
ORIGIN:
Design
FILE NO: DA08/0903 SUMMARY OF REPORT:
The Fingal Surf Life Saving Club has recently submitted an application to Council to make improvements to their clubhouse. The existing building has been built within Crown Reserve 1001012 (reserved for Caravan Park) and encroaches onto adjacent Crown Reserve 1001008 (reserved for Public Recreation and Coastal Environment Protection). The application requires the Department of Lands, as landowner, to provide owner’s consent.
The Club does not have a lease with the Reserve Trust or the Department of Lands and the Department advises that they will not provide owner’s consent until the Club’s tenure has been formalised.
The Department of Lands advise that first and foremost, the Club needs to formalise their tenure on the land over the two Crown reserves. The Department requires the Club to prepare a plan showing the area of the existing clubhouse, the proposed area for extensions and where boats and equipment are stored.
The Department also stated that it will be necessary for the Reserves Trust to approve entering into a lease with the Club before the Department will agree to the lease.
The Department will agree to a ten year lease under section 34A of the Crown Lands Act, which provides the Minister with the discretion to grant a lease for any purpose, which expands the use of the Crown Land by the Club which does not comply with the purpose of the reservation.
It is also recommended that the Trust accept the statutory minimal rent, currently $400 per annum, as the Club is a non-profit organisation and provides a vital community service. In this regard, the Department will require copies of financial and audit statements from the Club to show that the organisation is not for profit.
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RECOMMENDATION:
That:-
1. The Tweed Coast Holiday Parks Reserves Trust approves entering into a lease with the Fingal Surf Club for part of Crown Reserve 1001012 pursuant to section 34A of the Crown Lands Act for a term of ten years at the statutory minimal rental; and
2. All documentation is executed under the Common Seal of Council.
REPORT:
As per Summary of Report.
The aerial photo below shows the area used by the Surf Club building within the Crown Reserves. The area outlined in red is within Crown Reserve 1001012 and the area outlined in yellow is within Crown Reserve 1001008.
6 6666 8 8888 4 4 44 4
2 2222
1 11 11
3 33 33 5 55 55 7 7777 9 9 99 9
2 2 22 2 4 4444 6 6666 8 8 88 8
10 10 1010 10
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Prince St Prince St Prince St Prince St Prince St
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3//1123806 3//11238063//11238063//11238063//1123806 4//1123806 4//11238064//11238064//11238064//1123806
LEGAL/RESOURCE/FINANCIAL IMPLICATIONS:
Legal implications are dealt with in the body of the Report.
POLICY IMPLICATIONS:
Nil.
UNDER SEPARATE COVER/FURTHER INFORMATION:
To view any "non confidential" attachments listed below, access the meetings link on Council's website www.tweed.nsw.gov.au or visit Council's offices at Tweed Heads or Murwillumbah (from Friday the week before the meeting) or Council's libraries (from Monday the week of the meeting).
Nil.
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CONFIDENTIAL MATTERS
REPORTS THROUGH EXECUTIVE MANAGER OF THE TRUST IN COMMITTEE REPORTS FROM EXECUTIVE MANAGER OF THE TRUST
1 [TCHP-EM] Supply of Tent Accommodation Units at Hastings Point Holiday Park
REASON FOR CONFIDENTIALITY:
This report is CONFIDENTIAL in accordance with Section 10A(2)(c) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -
(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business
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2 [TCHP-EM] Operating Report for the period 1 July 2008 to 31 December 2008
REASON FOR CONFIDENTIALITY:
This report is CONFIDENTIAL in accordance with Section 10A(2)(c) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: -
(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business
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