Parks and Playgrounds Movement requests that elected Councillors reflect on the ethical and legal ramifications of triggering the reclassification of Community Land whenever a request is made by persons with a vested interest to buy community land.

Councillors are the Trustees of Community lands for the public as a whole not for vested interests.

The Trust is a legal concept that exists in relation to Community Land:

Every parcel of public land vested in a 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 is

1. Public land temporarily held by Council.

2. A Public Commercial Property with no restrictions to its sale.

The reclassification process should not be slanted to promote the betrayal of a Public Trust.

The Minister for Local Government in his second reading speech 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 means appropriate management. It does not mean reclassify to operational land and sell.

Councillors need to be helped in their responsibility as trustees not urged to betray their trusteeship.

The High Court of Australia, Judgment Bathurst Council -V’s - PWC Properties P/L Sep 98 establishes clearly that the Council is a trustee and the beneficiary is the public.

Some lands in Newcastle are wrongly classified as Operational Land. Christie Place, Wheeler Place and the Lumberyard site are not temporary assets and should be classified Community Land.

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