Table 1 Contents of a Plan of Management for community land

The Crown Land Management Amendment (Plan of Management) Regulation 2021 exempts Council from the requirement to hold a public hearing into the proposed categorisation of Crown land in accordance with Section 40(A) of the Local Government Act 1993.

The Draft Plan of Management will be exhibited for public comment in accordance with Section 38 of the Local Government Act 1993. Submissions will be received, considered and appropriate amendments incorporated into the final Plan of Management.

1.6 Requirements for Crown and community land

Requirements for a Plan of Management for community land, and for Crown land managed by a Council, are as provided by the Local Government Act 1993. These requirements and where they can be found in this Plan, are listed in Table 1.

Table 1 Contents of a Plan of Management for community land

Requirement of the Local Government Act How this plan satisfies the Act

A description of the condition of the land, and of any buildings or other improvements on the land as at the date of adoption of the Plan of Management Section 2

A description of the use of the land and any such buildings or improvements as at the date of adoption of the Plan of Management. Section 2

Categorisation of community land Section 3

Core objectives for management of the land Section 4

The purposes for which the land, and any such buildings or improvements, will be permitted to be used. Section 5

The purposes for which any further development of the land will be permitted, whether under lease or licence or otherwise. Section 5

A description of the scale and intensity of any permitted use or development. Section 5

Authorisation of leases, licences or other estates over community land. Section 5

Objectives and performance targets. Section 6

Means by which the plan’s objectives and performance targets will be achieved. Section 6

Means for assessing achievement of objectives and performance targets. Section 6

This Plan of Management has also been prepared according to the requirements of the Crown Land Management Act 2016. A Plan of Management will satisfy the Crown Land Management Act 2016 if the points in Table 2 are addressed.

Table 2 Contents of a Plan of Management required by the Crown Land Management Act 2016

A Plan of Management prepared by a Council crown land manager satisfies the Crown Land Management Act if: How this plan satisfies the Act

It is consistent with the purposes the land has been reserved or dedicated. (Sections 3.13 and 2.12 of the Act)

It has been prepared under the Local Government Act 1993 and is classified community land that is either dedicated or reserved Crown land. (Sections 3.32 (1)(b) and Section 3.23 (6)

Plans of Management for the land are to be prepared and adopted in accordance with the provisions of Division 2 or Part 2 of Chapter 6 of the Local Government Act 1993 (Section 3.23 (7) (d)

If the draft Plan of Management alters the categories assigned as provided by this section, the council manager must obtain the written consent of the Minister to adopt the plan if the re-categorisation would require an addition to the purposes for which the land is dedicated or reserved Written consent of the Minister will be obtained through the review of the draft Plan by the Crown.

This Plan has been prepared consistent with the purpose(s) of the reserves and dedications.

All Crown land that this Plan of Management has been prepared for is either dedicated or reserved Crown land under the management of City of Canada Bay Council or is community land under the Local Government Act 1993 and therefore required to have a Plan of Management.

This Plan has been prepared to satisfy the requirements of the Local Government Act 1993

Hold public hearing under section 40A of the Local Government Act 1993. (Section 3.23 (7) (d) The Crown Land Management Amendment (Plan of Management) Regulation 2021 exempts Council from the requirement to hold a public hearing into the proposed categorisation of Crown land in accordance with Section 40(A) of the Local Government Act 1993.

Excepting where the relevant land is excluded land, the written advice of at least one Council’s Native Title Manager that it complies with any applicable provisions of the native title legislation has been obtained. (Section 8.7 (1) (d)

Council must comply with any requirements of the native title legislation in relation to the land (Section 8.10) Council has received the advice of a native title manager that the plan complies with the Native Title Act 1993 (Cwth).

The Plan of Management has been prepared to ensure any impacts on native title will be appropriately addressed under the future act provisions of the Native Title Act 1993. Council shall meet the notification requirements of Section 24JB of the Native Title Act 1993 in relation to the construction or establishment of a public work prior to further approval.