Chairman: Tr K Milne
Trustees: P Allsop R Byrnes
C Cherry (Deputy Chairman) R Cooper
J Owen W Polglase
Agenda
Tweed Reserves Trust Meeting Thursday 20 April 2017
held at Council Chambers, Murwillumbah Civic &
Cultural Centre, Tumbulgum Road, Murwillumbah
commencing at 5.00pm
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Items for Consideration of the Trust:
ITEM PRECIS PAGE
REPORTS THROUGH THE EXECUTIVE MANAGER OF THE TRUST 5 REPORTS FROM DIRECTOR COMMUNITY AND NATURAL RESOURCES 5 1 [CNR-RT] Jack Evans Boat Harbour - Reserve Trust Management 5
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REPORTS THROUGH THE EXECUTIVE MANAGER OF THE TRUST REPORTS FROM DIRECTOR COMMUNITY AND NATURAL RESOURCES 1 [CNR-RT] Jack Evans Boat Harbour - Reserve Trust Management
SUBMITTED BY: Design
Validms
LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK:
2 Supporting Community Life
2.3 Provide well serviced neighbourhoods
2.3.6 Provide conveniently placed and well equipped parks, sporting, recreational, cultural and community facilities
SUMMARY OF REPORT:
Council currently maintains the whole area known as Jack Evans Boat Harbour at Tweed Heads which falls within several different Crown Reserves.
Of the seven Crown Reserves the Tweed Heads Jack Evans Boat Harbour Reserve Trust is currently the Reserve Trust Manager for only three Crown Reserves.
As such the Reserve Trust only has control and management rights to these three identified Crown Reserves. The Reserve Trust has no power to authorise any third party use or occupation of the remaining Crown Reserves within the Jack Evans Boat Harbour precinct.
To allow the ongoing operations within the Jack Evans Boat Harbour precinct it is necessary for the Tweed Heads Jack Evans Boat Harbour Reserve Trust to obtain Trust management rights by becoming the Trustee over the Crown Reserves noted in the body of the report.
RECOMMENDATION:
That the Tweed Heads Jack Evans Boat Harbour Reserve Trust:
1. Applies to Crown Lands to be appointed Trustee of Crown Reserve 55246 and that part of Crown Reserve 80245 that falls within Lot 7036 DP 1054009.
2. Requests Crown Lands add Part Crown Reserve 755740 being Lot 7091 DP 1108680 and Lot 7329 DP 1163074 to Crown Reserve 1012191.
Page 6 3. Applies to Crown Lands to be appointed Trustee of that part of Crown Reserve
1012191 to be notified over Lot 7091 DP 1108680 and Lot 7329 DP 1163074.
REPORT:
The Tweed Heads Jack Evans Boat Harbour Reserve Trust (The Reserve Trust) currently maintains the whole area known as Jack Evans Boat Harbour precinct at Tweed Heads which falls within seven different Crown Reserves (Shown in Diagram 1).
Diagram 1 - Jack Evans Boat Harbour Precinct shown within the heavy black outline.
The seven (7) Crown Reserves forming Jack Evans Boat Harbour are as listed below:
Page 8 1. Crown Reserve 96867 for Public Recreation - Lot 1 and Part Lot 2 DP 1150839
(Diagram 2)
Diagram 2 -Crown Reserve 96867 shaded pink and contained within all of Lot 1 DP 1150839 and part of Lot 2 DP 1150839.
2. Part Crown Reserve 1012191 for Access and Public Requirements, Rural Services, Tourism Purposes and Environmental and Heritage Conservation (Tweed Regional Crown Reserve) - Part Lot 2 DP 1150839 (Diagram 3).
Diagram 3 - Crown Reserve 1012191 shaded orange and contained within part of Lot 2 DP 1150839.
3. Crown Reserve 88182 for Future Public Requirement - Part Lot 703 DP 877250 (Diagram 4).
Diagram 4 - Crown Reserve 88182 shaded green and contained within Part of Lot 703 DP 877250.
4. Crown Reserve 57974 for Access, Public Recreation and Quarry - Part Lot 703 DP 877250 (Diagram 5).
Diagram 5 - Crown Reserve 57974 shaded yellow and contained within Part Lot 703 DP 877250.
Page 10 5. Part Crown Reserve 775740 for Public Requirements - Lot 7091 DP 1108680 and Lot
7329 DP 1163074 (Diagram 6).
Diagram 6 - Part Crown Reserve 775740 shaded blue contained within Lot 7091 DP 1108680 and Lot 7329 DP 1163074.
6. Crown Reserve 80245 for Public Recreation - Lot 7036 DP 1054009 and Part Lot 703 DP 877250 (Diagram 7).
Diagram 7 - Crown Reserve 80245 shaded red contained within Lot 7036 DP 1054009 and part Lot 703 DP 877250.
7. Crown Reserve 55246 for Public Recreation - Lot 7034 DP 1052935 and Lot 7068 DP 1113061 (Diagram 8).
Diagram 8 - Crown Reserve 55246 shaded purple and contained within Lot 7034 DP 1052938 and Lot 7068 DP 1113061.
Of the seven Crown Reserves noted above the Tweed Heads Jack Evans Boat Harbour Reserve Trust is the Trust Manager for only three Crown Reserves being Crown Reserve 96867, Part Crown Reserve 1012191 and Crown Reserve 88182 (shown above in diagrams 2, 3 and 4 and below in Diagram 9).
As such the Reserve Trust only has the control and management rights to these three identified Crown Reserves. The Reserve Trust has no power to authorise any third party use or occupation of the remaining Crown Reserves.
Page 12 Diagram 9 - showing Crown Reserves 96867, Part 1012191 and 88182 - currently the only Crown reserves within the Trust management of the Tweed Heads Jack Evans Boat Harbour Reserve Trust.
The Tweed Heads (57974) Reserve Trust is Trust Manager for Part Crown Reserve 57974 (noted as 4 and shown in Diagram 5 above). No further action is required for this Crown Reserve at this time.
Crown Reserve 55246 (noted as 7 and shown as Diagram 8 above) being Lot 7034 DP 1052935 and Lot 7068 DP 1113061 has been devolved to Council pursuant to Section 48 of the Local Government Act 1993. This provision only gives control of the reserve and not management - i.e. no power to authorise any third party occupation or use.
To enable the Reserve Trust to have control and management rights over Crown Reserve 55246 it must apply to Crown Lands to be appointed Reserve Trust Manager.
The balance of the Crown Reserves being Crown Reserve 80245 (noted as 6 and shown in Diagram 7 above) and Part Crown Reserve 755740 (noted as 5 and shown as Diagram 6 above) have no current Trust Management in place which means no control or management rights over the areas.
In summary:
There are seven Crown Reserves within the Jack Evans Boat Harbour Precinct.
Three of the Crown Reserves are under Trust Management of the Tweed Heads Jack Evans Boat Harbour Reserve Trust.
One Crown Reserve is under the Trust Management of The Tweed Heads (5794) Reserve Trust.
One Crown Reserve has been devolved to Tweed Shire Council however there is no Trust Manager and as such Council has no management rights over these parcels. It has been devolved to Council for maintenance only.
Two Crown Reserves have no Trust Management in place.
Refer to Diagram 10.
Diagram 10 - Summary of Crown Reserves within Jack Evans Boat Harbour Precinct.
To rationalise the Reserve Trust Management of the Jack Evans Boat Harbour precinct it has been recommended by Crown Lands that the following actions occur:
1. Tweed Heads Jack Evans Boat Harbour Reserve Trust apply to Crown Lands to be appointed Trustee of Crown Reserve 55246 and part Crown Reserve 80245 (over Lot 7036 DP 1054009) to enable control and management rights over the areas;
2. Tweed Heads Jack Evans Boat Harbour Reserve Trust request Crown Lands add Part Crown Reserve 755740 (being Lot 7091 DP 1108680 and Lot 7329 DP 1163074) to Crown Reserve 1012191; and
3. Tweed Heads Jack Evans Boat Harbour Reserve Trust apply to Crown Lands to be appointed Trustee of Part Crown Reserve 1012191 to be notified over Lot 7091 DP 1108680 and Lot 7329 DP 1163074.
It should be noted that Part Crown Reserve 80245 (Part Lot 703 DP 877250 shown in Diagram 7 above) has not been included in the rationalisation comments as it is subject to Aboriginal Land Claim 24855 lodged by New South Wales Aboriginal Land Council. To enable the Tweed Heads Jack Evans Boat Harbour Reserve Trust to be appointed Trustee over part R80245 within Lot 703 DP 877250 it would need to obtain the consent of the
Page 14 the applicant will consent to the appointment. It would therefore be recommended that Part Crown Reserve 80245 within Lot 703 DP 877250 remain under the current status of no reserve trust management.
OPTIONS:
It is necessary for the Tweed Heads Jack Evans Boat Harbour Reserve Trust to be appointed the Trust Manager over Crown Reserve 55246, Part Crown Reserve 80245 (over Lot 7036 DP 1054009) and Part Crown Reserve 755740 (being Lot 7091 DP 1108680 and Lot 7329 DP 1163074) to allow the continuation of its operations over the precinct which inter alia allows for the power to authorise any third party occupation and/or use.
CONCLUSION:
To allow the ongoing operations within the Jack Evans Boat Harbour precinct it is necessary for the Tweed Heads Jack Evans Boat Harbour Reserve Trust to obtain Trust management rights over the Crown Reserves as noted in the body of the report.
COUNCIL IMPLICATIONS:
a. Policy:
Jack Evans Boat Harbour Plan of Management.
b. Budget/Long Term Financial Plan:
No future budget implications.
c. Legal:
Not Applicable.
d. Communication/Engagement:
Inform - We will keep you informed.
Consultation with Crown Lands, Grafton.
UNDER SEPARATE COVER/FURTHER INFORMATION:
Nil.
