Hi folks,

Hope you had a wonderful break over Christmas! We seem to have been kept busy. The letter below has been sent to the General Manager of the Newcastle City Council. Councils all around NSW are reclassifying community land for sale to vested interests. This is because there is no proper regulation of the trigger for reclassification of Community Land. Many parcels of Community land have been wrongly designated Operational Land. This is what the Bathurst High Court judgment was about. Letters to the Minister and to your own council would be in order if you would please take the time to send the letter on with suitable adjustments to suit your area.

Best of wishes for the Year 2001,
Doug.

Letter to Janet Dore,
General Manager of Newcastle City Council
Monday 15th January 2001

Janet Dore,
General Manager
Newcastle City Council
PO Box 489,
NEWCASTLE NSW 2300

Dear Janet,

Re: Ethical & legal Ramifications Community Land Reclassification

Parks and Playgrounds Movement was pleased that Councillors deferred the Strategy Committee Item 76 dealing with 7 parcels of community land at their Meeting 19/12/2000. We hope that this will 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 encourage 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.

We acknowledge that every parcel of land vested in Council has to 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,

Public Land dedicated as a condition of Development Consent Sec 94 EP&A Act.

Public Land reserved, zoned or designated under a planning instrument for open space.

Operational Land however is land temporally held by Council.

1. It is a commercial property with no restrictions to its sale.

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.