Beware

Hi Everybody,

I delivered an address to the Newcastle City Council this evening concerning Community Land reclassification. Council has seven parcels before it for decision.

I furnished a copy of the note below to each Councillor and a copy of a few pages from the High court of Australia Judgement in the Bathurst V PWC Properties Pty Ltd.

Parks and Playgrounds Movement wants Councils to stop reclassifying community land continue the process of management of the public lands fro which they are the legal and moral Trustees.

There has been too much woolly thinking on the Community Land issue.

Public Land is Community Land property held by Council that is held in trust for the public, and Operational Land is public land held for a temporary purpose.

It is not just Parks!

We want Newcastle to be a leader in firmly upholding its public trust.

Doug.

13 February, 2001

Newcastle Councillors,

Ethical & legal Ramifications Community Land Reclassification

Parks and Playgrounds Movement was pleased that Councillors deferred the Strategy Committee Item 76 dealing with community land at their Meeting 19/12/2000. We had hoped that this would allow Councillors to reflect on the ethical and legal ramifications of triggering the Community Land reclassification process whenever a request is made by persons with a vested interest .

Council officers have been encouraging reclassification. This sadly reflects an ethical vacuum and a naive understanding of the concept of a "Public Trust" and real property.

Councillors are Trustees for Community lands and the report did not adequately stress the public interest which must be the paramount consideration in any discussion of Community Land.

The public does have equity in these properties and this must be uppermost in Councillors minds.

The Trust is an important legal concept and exists when there is the

Every parcel of land vested in Council must be categorised either Community Land or Operational Land as required by the Local Gov. Act Clause 6 Schedule 7.

Community Land is:

1. Public Land comprising a public reserve,

2. Public Land subject to a public trust for a Public Purpose,

Operational Land however is land temporally held by Council.

The Community Land reclassification process should not be slanted in a way that promotes the betrayal of a Public Trust.

To start the process in this way could create a situation conducive to corrupt conduct.

The Minister for Local Government in his second reading speech in Parliament stated that community land will bring a "new approach to the concept of public land management" and "enable community land to be more appropriately managed".

This does not mean reclassify to operational land and sell.

Councillors are trustees and should be helped to carry out their responsibilities as trustees. Community Land concepts as argued in the High Court of Australia Judgment in the Bathurst Council V PWC Properties P/L Sep 98 could be helpful in this respect.

The NSW Ombudsman is investigating our complaints concerning reclassification in a neighbouring Council area and we have asked that these examples be also considered.

The Movement asks that Newcastle Council become a leader in the management of community land in fulfilment of its responsibilities embodied in clause 6 Schedule 7 of the Local Gov. Act.