5 FUTURE USES AND DEVELOPMENTS

5.1 Permitted future uses and developments

5.1.1 Introduction

Timbrell Park will continue tobe developed and used for abroadrangeof permitted uses consistent with the categorisation and public purposes of the reserve.

5.1.2 Legislative requirements

Introduction

Permissible uses and developmentsat Timbrell Park must bein accordance with relevant legislation, particularly:

 Crown Land Management Act 2016

 Native Title Act 1993

 Aboriginal Land Rights Act 1983

 Local Government Act 1993

 SEPP (Transport and Infrastructure) 2021

 Canada Bay Local Environmental Plan 2013

 uses for which leases, licences and other estatesmay be granted on community and Crown land under the Local Government Act 1993, Crown Land Management Act 2016, andthe Crown Land Management Regulation 2018

 Commonwealthlegislation.

 any interests held ontitle.

Crown Land Management Act 2016

Use of Crown land must be consistent with:

 the principles of Crown land management

 the public purpose of Public Recreation

 any interests and rights granted underthe Crown Land Management Act 2016.

Native Title Act 1993

Native titlerights and interests must be considered on Crownland unless native title has been extinguished or surrendered, or determined by a courtto no longer exist.

When proposing anyact that may affect native title on Crownland orCrown reserves the act must be authorisedthrough Part 2 Division 3 of the Native Title Act 1993

Examples of actswhichmay affectnative title onCrown land or reserves managed by Council include:

 construction of new buildings and otherfacilities such astoilet blocks, walking tracks, tennis courts, grandstands and barbecues

 construction of extensions to existing buildings

 construction of new roads or tracks

 installation of infrastructure suchas powerlines,sewerage pipes,etc.

 creation of an easement

 issue of a leaseor licence

 undertaking of major earthworks.

The Native Title Act 1993 also contains provisions regarding public works. The Act defines a public work as:

(a) any of thefollowing that is constructed or established by or on behalfof the Crown, or a local government body or other statutory authority of theCrown, in any of its capacities:

(i) a building, or other structure(including a memorial), thatis afixture; or

(ii) a road, railway or bridge; or

(iia) where the expression is used in or for thepurposes of Division 2 or A of Part 2--a stock-route; or

(iii) a well, or bore, for obtaining water; or

(iv) any major earthworks; or

(b) a building that is constructed withthe authorityof the Crown, otherthan on alease. Major earthworks aredefined as: earthworks(other than in the courseofmining) whose construction causes major disturbance tothe land, or to the bed orsubsoil under waters.

To undertake afutureact (including the adoptionof aPlan of Management) on Crownland, Council must comply with thefuture act provisions of the Native Title Act 1993 and meet the requirementsof Section 8.7the Crown Land Management Act 2016. Generally, Section 24JA of the Native Title Act 1993 allows most actions that a Council would want to undertake on Crown land. To utilise Section 24JA the reservation must have been validly created prior to 23 December 1996. Council will be able to utilise Section J for future actsover the part of R.71318 comprising Timbrell Park.

Whereit is proposedtoconstruct or establish apublic work on reserved or dedicatedCrown land, wherenative title isnot extinguished, prior to approval Council will notify andgive an opportunitytocomment any representative Aboriginal/Torres Strait Islander bodies, registerednativetitlebodies corporateand registered native title claimants in relation to the land or waters covered by the reservation or lease as required underthe Native Title Act 1993

Aboriginal Land Rights Act 1983

The Aboriginal Land Rights Act 1983 provides land rights for Aboriginal people in NSW. The lodgement of an Aboriginal land claim by a LandCouncil creates an inchoate (unformed) interest in the land. The full extent of that interest is not known until the claim is investigated and a determination is made bythe relevant Minister.

A Plan of Managementmust consider theinchoate interests of Aboriginal people where an undetermined AboriginalLand Claim exists.

Local Government Act 1993

According tothe Local Government Act 1993 andthe Local Government (General) Regulation 2021, uses and developments on land classified as community land must be consistent with the guidelines for each relevant category and the coreobjectives of the relevant category. The guidelines and core objectives for the Sportsground, Park, and General Community Usecategories which apply to Timbrell Park are outlined above.

All activities which areconsistent with the guidelines for categorisation asSportsground, Park,and GeneralCommunity Use whichmeet the core objectives of those categorisations, are expressly authorised by this Plan.

Canada Bay Local Environmental Plan 2013

The Canada Bay Local Environmental Plan 2013 sets out ingeneralterms what types of developments arepermissible within the RE1 Public Recreation zone, and provisions for conservation of heritageitems.

All proposed uses, development and building works inthis Plan of Management should be permissible under the applicable zoning in the Canada Bay LocalEnvironmental Plan 2013, and assessed if required through aDevelopment and Building Application process consistent with the Environmental Planning and Assessment Act 1979

Worksand activities permitted under the RE1 Public Recreation zonein City of Canada Bay are listed in Table 12.

Table 12

Permissible activities in the RE1 Public Recreation zone in Canada Bay

Environmental protection works

Aquaculture

Biosolidstreatmentfacilities

Boatsheds

Businessidentificationsigns

Carparks

Centre-basedchildcarefacilities

Communityfacilities

Environmentalfacilities

Informationandeducationfacilities

Jetties

Kiosks

Marinas

Markets

Mooringpens

Recreationareas

Recreationfacilities(indoor)

Recreationfacilities(outdoor)

Respitedaycarecentres

Restaurantsorcafes

Roads

Takeawayfoodanddrink premises

Waterrecyclingfacilities

Any Development Applications, proposed works and major management issues will be advertised tothe community for information and to invite comment.

SEPP (Transport and Infrastructure) 2021

Division 12 of the SEPP (Transport and Infrastructure) 2021 provides for development which is:

 permitted without consent on a Crownreserve if the development is to implement an adopted Plan of Management for the land(Clause 2.73 (2) (c)).

 forcertain purposes by or onbehalf of Council without consent on a public reserve under the controlof or vested in Council(Clause 2.73 (3)).

 exempt from planning consent if it is carried out by oron behalf of apublic authority on a public reserve (Clause 2.74).

Commonwealth legislation

Council recognises thatunder the Telecommunications Act 1997 TimbrellPark may be a desirable location forthe location of atelecommunications installation. ‘Lowimpact’ telecommunications installations are permissibleon community land without authorisation in a Plan of Management and without Council approval.

This Plan of Management authorises thegranting of alease orlicence for the erection and use of telecommunications towers, provided theproposal is put on public exhibition prior to a Council resolution permitting theuse. A rental feewillbe payable to Council.

5.1.3 Authorised uses and development at Timbrell Park

Introduction

Timbrell Park is intended to be used for outdoor sport, activerecreation, informal recreation, community/social/cultural activities, and othercompatible activities. Developmentsand structures are limited to those which support the desired activities.

This Plan of Management expressly authorises development of new buildings and structures, and futureredevelopment/refurbishment of buildings and structures, which support the desired uses of Timbrell Park for outdoor sporting, recreation, and community/social activities.

Permitted uses and developments must support and enhance the other values of Timbrell Park including access, open space, sport, recreation, and the naturalenvironment.

Any use or developmentthat would further encroach on the open spaceof Timbrell Park should beminimised, unless it can beshownthat the proposed use or development is:

 a more efficient useof the space,

 has a community benefit, and

 is consistent withthe objectives of this Plan ofManagement.

Authorised uses and developments

This Plan of Management authorises thefollowing uses anddevelopments at Timbrell Park, including but not limitedto thoselisted inTable 13. Someof the activities and developments listed below may require development consent.

The facilities oncommunity land maychange overtime, reflecting the needs of the community.

Table 13 Future use anddevelopmentof Timbrell Park

Purpose / Use

Outdoorsportingandrecreationalactivities compatiblewiththeuseofallfacilities

Organisedandunstructuredactiveandpassive sportingandrecreationalactivitiesandprograms Community,specialandculturalevents, gatheringsandceremonies

Development to facilitate uses (applies to all Community Land, Crown Land & Road Reserve)

Temporaryadvertisingstructureswhichrelateto approveduses/activities,areinternallydirected, andapprovedbyCouncil

Accessforpeopleofallabilities

Amenities

Barbecues

Commercialusesassociatedwithsportsfacilities

Sportsadministration

Advertising-internallyoriented

Art,includingpainting,sculpture

BMX/mountainbikeriding

Bushregenerationandrehabilitation

Ceremonies

Classes(sport,leisure,recreation,training)

Commercialactivities

Communityandspecialevents,withapproval, includingfestivals,markets,exhibitions, concerts/performances,music,outdoortheatre andcinema,fundays,fund-raisingandcharity events

Communitygardening

Corporatepromotions

Culturalevents

Cycling–leisure,activetransport/transit

Deliveringapublicaddressorspeech

Dogexercise(prohibitedwithin10metresofthe playground,cafeandpicnic/barbecueareas. Off-leashinthedesignatedoffleasharea-onleashonlyelsewhere.

Earthworks

Easements

Education

Emergencypurposes,includingtraining

Environmentalmanagementandmonitoring

Environmentalprotectionworks

Filling,levellingordrainingofland

Filmingandphotography,subjecttoCouncil approval

Flora,faunaandarchaeologicalsurveys

Functions

Habitatcreation

Helicoptertake-offandlanding(inmedical emergenciesonly)

Informalballgamesandrecreation

Interpretation(historical,environmental)

Irrigationanddrainage

Landscaping,gardening

Maintenanceandemergencyvehicleaccess

Maintenanceofallsportingandrecreation facilities

Marketsandfairs

Meetings

Naturestudy

Outdoorcinema

Overflowparkingduringspecialevents

Performancesincludingconcerts,film/outdoor cinema,stage

Personalandgroupfitnesstraining,subjectto Councilapproval

Pestcontrol(invertebrateandvertebrate)

Bicyclerelatedstoragefacilities/racks

Binsandotherwastereceptacles

Biobankingandothercarbonsequestration initiatives

BMXtrackincludingjumps

Bridges(walking,cycling,accessforpeoplewith disabilities)

Broadcaststructures-temporary

Café/Kiosk

Carparkingspacesforauthorisedvehiclesonly

Commercialdevelopmentsympathetictoand supportingexistinguses

Communityfacilities/spacesforsocial,cultural andrecreationpurposes

Communitygardens

Complyingandexemptdevelopment

Drainageworks:complementarytothenatural drainagepatternsontheland,andtoprotect roads,services,orotherfacilitiesontheland. Easementstoprivateproperty:temporaryor permanentaccessacrossTimbrellParkwhere appropriateandincompliancewiththe requirementsofthe Local Government Act 1993 andotherrelevantlegislationandpolicy.

Educationalfacilities

Environmentalfacilities

Environmentalprotectionworks

Erosioncontrolstructures

Fencing

Fitness/exerciseequipment

Flagpolesorsmartpoles

Foodandbeverageoutlet(mobile,temporary)

Foodpreparationandrelatedfacilities

Hardstandforeventstructures

Irrigationanddrainagestructuresandsystems Landscaping(hardandsoft),includinglandscape structuresorfeatures

Lighting:forpublicsafetyandtheprotectionof assetswhileminimisinglightspillandnot affectingnocturnalfauna

Parkfurniture

Parkmaintenancestaffamenities

Pathways

Picnictables,sheltersandbarbecues

Playequipment,softfall,shadestructures

Publicutilities

Recreationareas

Recreationfacilities(outdoor)

Refreshmentkiosks(notrestaurants)

Renewableenergyequipment–solarpanels, batteries

Roads,pathways

Scoreboardandscoringinfrastructure

Seating

Sheltersandshadestructures

Picnicsandbarbecues

Playactivities(allages,abilities)

Revegetation

Riparianbanknaturalisation,stabilisationand management

Ripariancorridormanagement

Running/jogging

Sportingactivitiesincludingtraining,competition, tuition

Stormwatertreatmentand/orretention

Walking Weedmanagement

Signage–locational,directional,interpretive, regulatory Sportancillarypurposes

Sportingfacilitiesforconductingorganisedsport (amateur,professional)includingturforsynthetic sportsfields,sportscourts,goalposts,turfor syntheticwickets,practicenets,sightscreens, moundsandbasesforbaseball/softball,lights, safetyfencingandnetting,changeroomsand lockerfacilities,showerandtoiletfacilities,club rooms,storagefacilities–notincluding shipping/storagecontainers)

Sportscourts(outdoor)

Sportslighting–fieldlightingtoAustralian standardsforrelevantsportingactivities

Stormwaterstoragetanksandpipes

Takeawayfoodordrinkpremises

Toilets,changeandrestrooms

Utilityinstallations

Vehicleaccess,parkingandloading/unloading areas(emergencyandauthorisedvehiclesonly)

Vehiclebarriers

Viewingarea/platform

Walkingtracksandpaths,raisedpaths/ boardwalks,ramps,stairs,gates

Wastemanagement

Watersensitiveurbandesignstructuressuchas raingardens,swales

Workshedsorstoragerequiredinconnection withmaintenanceoftheland

5.1.4 Restricted and prohibited activities

Activities that areprohibited or restricted at Timbrell Park include, but arenot limited to:

 breaking or leaving anybottle, glass, syringe or other objects likely to endanger the safety of any person

 camping or staying overnight

 depositing rubbish

 discharging ofrifles or firearms

 dogs off leash

 dogs within 10 metres of playgrounds and food preparation areas

 fireworks without approval

 flying of model aeroplanes or drones

 any game or activity likely to damageproperty,injure, endanger or causenuisance to any other person

 helicopter landings, except in emergencies

 horse riding

 interfering with or damaging any Council building, equipment, furniture, landscaping, tree, plant or flora

 leaving of dog faeces (removal andproper disposal is required)

 lighting of fires, except inCouncil constructed fireplaces or portable barbecues

 practising of golfor archery

 remote control vehicles including model aeroplanes and cars

 taking of unauthorisedmotor vehicles or motorised bikes, except in constructed carparks and driveways.

Conduct which is prohibited in dedicated or reserved Crown land are listedin Clause 9 of the Crown Land Management Regulation 2018

Activities that can beprohibited on Crown land by direction or notice under Part 9 of the Crown Land Management Act 2016 arelisted inClause 13 of the Regulation.

Activities at Timbrell Park may be prevented or restricted by public healthorderssuch as during a pandemic.

5.1.5 Guidelines for buildings and other structures

This Plan of Management expressly authorises development of new buildings and structures, and redevelopment/refurbishmentof existing buildings and structures, which support the desired uses of Timbrell Park and areconsistent with the reserve purpose of Public Recreation and thecategorisation.

Proposed buildings and structures at Timbrell Park include:

 Demolition and construction of new sporting amenities

 Living Room

 Allitems indicated on theMasterplan.

The location, size and scale of future buildings and structures at Timbrell Park will be consistent with:

 community needs

 physical site constraints such as proximityto waterways, andflooding.

 best practice design standards including Australian Standards andNSW Better Places guidelines.

Accessto new facilities in the park and anyrefurbishment of thosestructures will be provided according to Australian Standard 1428 (Parts 1– 4) Design forAccessand Mobility. Access andseatingfor people with disabilities should comply withthe Disability Discrimination Act andthe Building Code of Australia.

All facilities and infrastructure (new and renewed), and maintenance of the park will integrate sustainability in terms of energy use, life cyclecosts, sourcematerial impacts,and Water Sensitive Urban Design (WSUD).

All new buildings and/or refurbishments of existing buildings will be low-scale and of architectureand built form appropriatetothe local climate and physical setting.

5.1.6 Landscaping and planting

Landscaping works will be undertaken consistent with theprecedentsin the Masterplan. Species selected for planting at Timbrell Park will be native and endemic to theareawhere possible, and be appropriate for a highly modified and used recreation area. Planting within the park will be undertaken on a site-specific basis as shown on the Masterplan, with the objectiveto increase canopy cover to atarget of 25% in the non-sports field areas.

5.1.7 Scale and intensity of future uses anddevelopment Introduction

In accordance withthe Local Government Act 1993 a Plan of Management for community land must set out the scale and intensityof proposed uses and developments.

The scale and intensityof future uses anddevelopment at Timbrell Park is dependent on:

 the natureof theapproved futureuses and developments

 the carryingcapacity offacilities and spaces at Timbrell Park

 impact on adjoining residents andland uses in terms of noise, lighting, traffic and vehicle parking

 consistencywith the reserve purpose andcategorisation.

Any proposal touse buildings, structures and spaces at Timbrell Parkwill be considered on merit and balancedagainst physical constraintsand the amenity of adjoining residents and land uses.

The benchmarksfor the scale and intensity of future uses and developments permissible at Timbrell Park will be physical disturbance and damage tofacilities and spaces. Thephysical impacts of activities and uses on facilities and spaces should be regularlymonitored. Review of permissible activities and developments will occur if sitemonitoring shows any deterioration from the present condition of Timbrell Park resulting from those activitiesor developments.

Activities at Timbrell Park which may attract high numbers of people include sporting activities and community events. The intensity of use, multiple activities/uses, and real or perceived crowding/congestion or competitionfor space across openspace at Timbrell Park will be managed so as not to unreasonably compromisethe amenity of users and the community.

Public health directives

At times, such asduringthe COVID-19pandemic, Council isrequiredto implement public health directives to ensure social distancing at public open spaces andfacilities, which may involve temporarily preventing access to specific facilities such as playgrounds and café seating.

Conversely, theresponse to a pandemic or similar situation would increase demand for walking, cycling and outdoor informalrecreation opportunities. Timbrell Park is ideally placed to offer such local outdoor openspaceand exercise opportunities.

5.2 Use agreements

5.2.1 What are use agreements?

Under Section 46(1)(b) of the Local Government Act 1993 a lease, licence, other estate or easement (also referredto as useagreements) may be granted over all orpart of community land as a way of formalising the useof community land. The Crown Land Management Act 2016 containssimilar provisions for Crown land managed by Council Crown Land Managers. Leases and licences may be held by organisations such as sporting clubs and associations, community groups, schools, non-government organisations, charities,community welfare services, non-profit organisations and government authorities, or by private/commercial organisations or peopleproviding facilities and/orservices for public use.

A lease willbe typically required where exclusiveuse or control of all or part of Timbrell Park is desirable for effective management. A lease may also berequired due to the scale of investment infacilities, the necessity for security measures,or where therelationship between a majoruser and facilities oncommunity land justifies such security of tenure.

Licences allow multiple and non-exclusiveuse of an area. A licence maybe requiredwhere intermittent or short-termuse or controlof all or part ofTimbrell Park is proposed. A number of licences for different users can apply to thesame area at the sametime, provided there is no conflict of interest.

In accordance with Section 46A of the Local Government Act 1993 a Planof Management for community land is to specify andauthorise any purposefor which a lease, licence or other estate maybe granted over community land duringthe life of a Plan of Management. Under Section 46 of the Act, Council may lease or licence community land for purposes consistent with the categorisation and zoning of the land.

The lease or licence must be for uses consistentwith the reserve purpose(s), the assigned categorisation and zoning of the land, beinthe best interests of the community as a whole, and enable, wherever possible, shared and multiple use ofcommunity land.

Any lease or licence proposal will be individually assessed and considered, including the community benefit, compatibility with this Plan of Management, and the capacity of the community land and the local area to support the activity.

5.2.2 Authorisation of current use agreements

Several use agreements(leases,licences or otherestates) currently apply to Timbrell Park as listed in Table6. These agreementsare authorised until theend of their current term beforetheexercising of any options.

5.2.3 Leases and licences over community land

The Local Government (General) Regulation 2021 sets out requirements for issuing of leases, licences and short term/casual permits on community land.

The maximum periodfor leases and licences on community land allowable under the Local Government Act is 21 years, or 30 years ifconsent from theMinister is provided (including any period for which the lease orlicence could berenewed by the exerciseof anoption) for purposesconsistent withthe categorisation and core objectives of the particular areaof community land. Community landmay only be leased or licenced if public notice is given according to the requirementsof the LocalGovernment Act.

Under Section 47, Council may grant a lease, licence or other estate exceeding five years if it gives public notice of the proposalto theowner, the public and all stakeholders, andinvites and considers public submissions. If an objection tothe proposalis made, Council maynot grant a lease, licence or other estate without consent of the Minister for Local Government.

For proposed leases, licences and other estatesof five years or less, Council must publicly advertise theproposal in thesameway asfor leases, licences and otherestates over 5 years. Final approval of the lease rests withCouncil, but the Minister for Local Government has thediscretion to call in a proposedlease anddetermine the matterin place of Council. However, someshort-term andother types of leases, licences and other estates,such as providing underground pipes and connections, are exempt from theneed to advertise.

Any leases or licences for emergency services organisations, andnot-for-profit and community groups after30 June 2021must be authorised by an adopted Plan of

Management, orMinisters consentmust besought to manage the land as is it were operational land under the Local Government Act 1993

5.2.4 Considerations for leases and licences over Crown land Requirements for leases and licences over dedicated or reserved Crown

land

The Crown Land Management Act 2016 setsout requirementsfor granting leases,licences, permits,or easementsincluding secondaryinterests ondedicatedor reserved Crown land.

Table 14 Leases and licences over dedicated or reserved Crown land

Section of Crown Land Management Act 2016

3.22

Functionsof CouncilasCrown LandManager

8.77

AdviceofNative TitleManager requiredtogrant interests

2.20&3.17and

Crown Land Regulation 2018

Section31

Shortterm licencesover dedicatedor reservedCrown land

Lease and licence requirements

AsCrownLandManager,Councilmustmanagethelandasifitwere communitylandunderthe Local Government Act 1993. CouncilasCrownLand ManagercanexerciseallthefunctionsthatalocalCouncilhasunderthatAct inrelationtocommunityland,includinginrelationtoleasingandlicensingof communityland.

WhereCouncilisCrownLandManager,anativetitlereportmustbeprepared priortograntingalease,licenceorotherpermit,inaccordancewithNativeTitle legislation.ThisrequirementalsoextendstocapitalworksonCrownreserves.

CouncilasCrownLandManagermayissueshorttermlicencesonCrownland asifitwerecommunitylandunderthe Local Government Act 1993 foruses including:

- Accessthroughareserve

- Advertising

- Campingusingatent,caravanor otherwise

- Catering

- Community,trainingoreducation

- Emergencyoccupation

- Entertainment

- Environmentalprotection,conservation orrestorationorenvironmentalstudies

- Equestrianevents

- Exhibitions

- Filming(asdefinedbythe Local Government Act 1993)

- Functions

- Grazing

- Hiringofequipment

- Holidayaccommodation

- Markets

- Meetings

- Militaryexercises

- Mooringofboatstowharves orotherstructures

- Sales

- Shows

- Siteinvestigations

- Sportingandorganised recreationalactivities

- Stablingofhorses

- Storage.

2.19,3.17

Secondary interestsover dedicatedor reservedCrown land

2.18

Specialprovisions relatingto Minister’spowers overdedicatedor reservedCrown land

TheMinisterorCouncilmayissueasecondaryinterestwheretheyare satisfieditisinthepublicinterestandwouldnotbelikelytomateriallyharmuse ofthelandforthepurposesforwhichitisdedicatedorreserved.

TheMinistermaygrantalease,licence,permit,oreasementoverdedicatedor reservedCrownlandforafacilityorinfrastructure,oranyotherpurposethe Ministerthinksfit. Beforedoingso,theMinistermustconsulttheCrownland managerortherelevantgovernmentagencyifthelandisused,occupiedor administeredbyanagencyortheMinistertowhomthatagencyisresponsible. Ifthelandistobeusedoroccupiedundertherelevantinterestforanypurpose exceptapurposeforwhichitiscurrentlydedicatedorreserved,anoticeisto bepublishedspecifyingthepurposesforwhichthelandistobeusedor occupiedundertherelevantinterest,andbesatisfiedthatitisinthepublic interesttogranttherelevantinterest.

Native title and Aboriginal land rights considerations in relation to leases, licences and otherestates

A tenure(lease, licence), short term use agreement or easement on Crown land may impact native title rights andinterests. Any such tenureor useagreement issuedon Crown land must be issuedin accordance with the future act provisions of the Native Title Act 1993 and in accordancewith Part8 of the Crown Land Management Act 2016 unless nativetitle is extinguished. For Crownland which is not excluded land, this will requirewrittenadvicefrom Council’s Native Title Manager that it complies with any applicable provisions of thenative title legislation. The advice of an independent Native Title Manager wassought beforethis Plan of Management was adoptedin relation toLot 7010 DP 93651 which is not excluded land.

Subject tothe Native Title Act 1993, anysecondary interest or short termlicence on Crown land described in Division 2.5of the Crown Land Management Act 2016 may beissued.

The granting of easements over Crown land will be subject tothe provisions of the Native Title Act 1993 and Division 8.7 ofthe Crown Land Management Act 2016.

5.2.5 Express authorisation of future use agreements

Authorisation of future use agreements

Use agreements over community and Crown land are dealt within Sections 46, 46A and47 of the Local Government Act 1993, Clauses 116to 119 of the Local Government (General) Regulation 2021, Division 3.4 of the Crown Land Management Act 2016,and Clause 70 of the Crown Land Management Regulation 2018

In accordance with Section 46A of the Local Government Act 1993 a Planof Management for community land is to specify andauthorise any purposefor which a lease, licence or other estate maybe granted over community land duringthe life of a Plan of Management.

This Plan of Management expressly authorises the issue of leases, licences and other estates over the land covered by this Plan of Management, provided that:

 the purpose is consistent with the purpose for which it was dedicated or reserved, and any purposes which have been added to thereserve

 the purpose is consistent with the guidelines and core objectives for thecategory of the land

 the lease, licence or other estate is for a permitted purpose listed in the Local Government Act 1993 or the Local Government (General) Regulation 2021

 the issue of the lease, licence or other estate and the provisions ofthe lease, licence or other estatecan be validated by the provisions of the Native Title Act 1993 (Cth)

 where the land is subject toa claimunder the Aboriginal Land Rights Act 1983 the issue of any lease, licence or other estatewill not prevent thelandfrom being transferred intheevent the claim isgranted

 the lease, licence or other estate is grantedand notified in accordancewith the provisions of the Local Government Act 1993 or the Local Government (General) Regulation 2021

 the issue of the lease, licence or other estate will not materially harm the use of the land for any of the purposes for whichit was dedicated or reserved.

Depending on the natureof theproposed lease or licence, Council would develop specific objectives andrequirements tailored tothe proposed use. Terms and conditions of a lease, licence or other estate should reflectthe interest of the Council, protect the public, and ensure proper management andmaintenance.

This Plan of Management expressly authorises the issue of leases, licences and other estates over the land inTimbrell Park categorised as Sportsground, Parkand General Community Use as set out in Table 15 below.

5.2.6 Short term licences

Short term licences andbookings will be issued in accordance with the Local Government (General) Regulation 2021

5.2.7 Use agreements by tender

Section 46A of the Local Government Act 1993 requires that Plans of Management must specify purposes for which a lease, licence or other estate may be granted only by tender. A lease or licencefor aterm exceeding five yearsmay begranted only by tender, unless it is granted toa non-profit organisation. However, Councilmay applya tender process in respect to granting any particular lease, licence or estate.

Leases, licences and other estates for the following purposeswill be granted only after a public competitive tender process in accordancewith the Local Government Act 1993:

 advertising

 commercial activities

 a lease or licence fora term exceeding five years, unless grantedto a non-profit organisation

 other leases/licences Council may want totender.

If Council proposes to grant a lease,licence orother estate in respectof community land, it must follow certain notification procedures as outlined in Section 47 of the Local Government Act 1993

5.2.8 Sub-leases

Wherea lease arrangement has been enteredinto with Council over communityland, subleasing of the land must be in accordance with the requirements of Section 47C of the Local Government Act 1993 i.e. the purpose forwhichthe land was to beusedunder the lease.

Community land that is the subject of a leasecannot be sublet for apurpose other than:

 the purposefor which the land was to be used under the lease;or

 a purpose prescribed by theRegulations.

Under Clause 119 ofthe Local Government (General) Regulation 2021, community land leased by a sporting club maybe sub-let for refreshment kiosks, dances and private parties.

5.2.9 Exclusive occupation and private purposes

Introduction

Exclusive use of any area of communityandCrown land is not desirable, as Timbrell Park should be available for use by anyone inthecommunity. An exception is a use wherethe exclusion of the public is desirable for security of assets and public safety.

The exclusive occupation or use of Timbrell Park is only permittedfor the purposes of any lease to which Sections 47 and 47A of the Act applies.

Section 46 ofthe Local Government Act 1993 generally prevents Councils fromgranting leases, licences or otherestates over community land for private purposes. However, the Act enables short-term casual licences to be issuedby Councils for purposes prescribed by the Regulation. The purposeof the lease, licence or otherestate must beconsistent with the core objectives fortherelevant category of community land.

Living Room

Council intends tolease/licence an area of Timbrell Park toTouched by Olivia for a Living Room, described as acommunity space.

The terms and conditions of any agreement for the proposed Living Roomwill ensure that:

 public access is available

 use ofthe facility is compatible and in keepingwith, and does not significantly detract from, the uses, appearance and enjoyment of the adjacent park and sporting areas

 it will not haveunacceptable impacts on thesurrounding residents and neighbourhood.

Table 15 Express authorisation of leases, licences and other estates at Timbrell Park

Lease 21 years, or 30 years with approval fromthe Minister

Licence - mobilefood/beverage vans

- advertising aligned with Timbrell Park values and Council’s policies

- hire or sale of recreational equipment

- sporting, community, recreational andrelated activities

- hire or sale of sporting equipment

- mobile food/beverage vans

- advertising alignedwithTimbrell Park’s values and Council’s policies

- sporting activities fixtures and events including ticketed events

- sporting, community, recreational and related activities

- ‘Living Room’ community space

- café/kiosk for refreshment purposes, including outdoor seating and tables, with or without liquor licence

- child careor vacation care

- commercial activities associated with and ancillary to Timbrell Park andaligned with its values in function, scope and scale

- educational purposes, includingclasses, workshops

- community services delivery and provision

- arts and cultural purposes, includingconcerts, dramatic productions

- recreational, community and leisure purposes, including fitness classes, dance classes, games

- sporting uses developed/operated by a private operator

- café/kiosk for refreshment purposes, including outdoor seating and tables, with or without liquor licence

- child careor vacation care

- mobilefood/beverage vans

- advertising alignedwith Timbrell Park’s values andCouncil’s policies

Short-term licence Depending on activity and agreement with Council

Includingbut not limited to:

- Access through a reserve

- Advertising

- Catering

- Coachingclinics for basketball, skating and the like

- Community services and activities

- Community events and festivals

- Community training or education

- Deliveringa public address

- Emergency occupation

- Engaging in an appropriate trade or business

- Entertainment

- Environmentalprotection, conservation or restoration or environmental studies

- commercial activities associatedwith and ancillary to Timbrell Park andaligned with its values in function, scope and scale including management and maintenance of sporting andrelated infrastructure and the sporting fields

- commercial activities associatedwith and ancillary to Timbrell Park andaligned with the values in function, scope and scale

- educational purposes, includingeducation classes, workshops

- arts and cultural purposes, includingconcerts, dramatic productions

- recreational, community and leisure purposes, including fitness classes

- sporting, community, recreational andrelated activities

Including but not limitedto:

- Access through a reserve

- Advertising

- Broadcasting or filming of sporting fixtures andstill photography

- Broadcasts associated with any event, concert, or public speech

- Catering

- Coachingclinics for sporting activities

- Community events and festivals

- Community services and activities

- Community training or education

- Delivering a public address

- Emergency occupation

- Engaging in an appropriate trade or business

- Entertainment

Including but not limitedto:

- Access through a reserve

- Advertising

- Auctions and similar activities

- Broadcasting or filming of sporting fixtures and still photography

- Catering

- Cinema

- Coachingclinics for recreational, sporting activities

- Community events and festivals

- Community services and activities

- Community training or education

- Delivering a public address

- Displays, exhibitions, fashionparades, shows

- Emergency occupation

- Engaging in an appropriate trade or business

- Equestrian events

- Exhibitions

- Filming (as defined by the Local Government Act 1993), includingfor cinema/ television includingtemporary erection or use of buildings or structures necessary to enable a filming project to be carried out

- Functions –community, corporate

- Hiringof equipment

- Markets, fairs

- Meetings

- Military exercises

- Mobilefood/beverage vans

- Outdoor cinema

- Performances, playing a musical instrument or singing for fee or reward

- Photography (still,commercial)

- Picnics

- Private celebrations (weddings and family gatherings)

- Sales

- Scientific studies, surveys

- Shows

- Siteinvestigations

- Sporting andorganised recreational activities

- Storage

- Environmental protection, conservation or restorationor environmental studies

- Equestrian events

- Exhibitions

- Filming (as defined by the Local Government Act 1993), including for cinema /television including temporary erection or use of buildings or structures necessary to enable a filming project to be carried out

- Functions - community, corporate

- Helicopter take-off/ landing

- Hiringof equipment

- Markets, fairs

- Meetings

- Military exercises

- Mobile food/beverage vans

- Outdoor cinema

- Performances, playing a musical instrument or singing for feeor reward

- Photography (still, commercial)

- Private celebrations (weddings, family gatherings)

- Promotionor enhancement of sporting groups, fixtures and events (e.g. ‘guest’ events for juniors, gala days, club meetings)

- Sales

- Scientific studies, surveys

- Seminars and presentations, including educational programs

- Entertainment

- Environmental protection, conservationor restorationor environmental studies

- Exhibitions

- Filming (defined by the Local Government Act 1993), for cinema/television includingtemporary erection or use of buildings or structures necessary to enable a filmingproject tobe carried out

- Functions - community, corporate (e.g. commemorative functions, book launches, film releases, similar activities)

- Hiringof equipment

- Markets, fairs

- Meetings

- Military exercises

- Performances, playing amusical instrument or singing for fee or reward

- Photography (still, commercial)

- Private celebrations (weddings and family gatherings)

- Promotionor enhancement of sporting groups, fixtures and events (for example‘guest’ events for juniors, gala days, club meetings)

- Sales

- Scientific studies, surveys

- Seminars and presentations, including educational programs

- Shows

Other estates

Purpose for which tenure may be granted (applies to all Community Land, Crown Land and Road Reserve)

Park category

Sportsground category

- Shows

- Siteinvestigations

- Sporting and organisedrecreational activities, fixtures and events including ticketed events

- Sports ancillary ceremonies (for example, rehearsals, opening andclosing ceremonies, cheer squads, etc.)

- Sports and fitness training andclasses

- Storage

General CommunityUse category

- Siteinvestigations

- Sporting and organised recreational activities, including ticketed events

- Storage

This Plan of Management expressly authorises Council to grant ‘an estate’ over Crown and community land for theprovision of public utilities andworks associated with or ancillary to public utilities andprovision of services, or connections for premises adjoining the community land to a facility of thecouncil or public utility provider on the community land in accordancewith the Local Government Act 1993. The grantingof easements of over Crown land will also be subject to theprovisions of the Native Title Act 1993, Division 8.7 of the Crown Land Management Act 2016, and other applicable legislation.

This Plan of Management authorises the constructionof structures for the purposes of stormwater management, treatment and/or retention as prescribed in Section 28 of the Local Government (General) Regulation 2021. This Plan authorises the continued use of drains, channels and easements, and thecreation of new drains, channels and easements.

This Plan of Management expressly authorises the grantingof easements over community land at Timbrell Park for public utilities, providing pipes, conduits or other connections under the ground surface. This is limited to easements whichconnect premises adjoining community land to an existingwater, sewer, drainage or electricity facility of Council or another public utility provider that is situated on the land. Such easements are authorised provided that:

 there is no feasiblealternative to connectingto a facility on the community land

 there is no significant impact onthe condition or use of the community land

 in all cases, the applicant is to be responsible for all costs incurred by Council in thecreation of the easement.

Granting of easements for public utilities andstormwater management at Timbrell Park is subject toconditions as requiredto ensure protection of reserve assets, values and uses; anddemonstration of a community and/or environmentalbenefit. Council will oppose the

Purpose for which tenure may be granted (applies to all Community Land, Crown Land and Road Reserve)

Park category

Sportsground category General CommunityUse category creation of any additional (foreign) services or utility installations, or easements, in or through Timbrell Park unless there is an advantage for the park and its management, or an overridingcommunity or environmental benefit.

Granting of easements above or on thesurfaceof community land is not withinthe authority of this Planof Management. These easements include, but are not limitedto, piping to a natural watercourse, piping from a facility on community land to a facility onprivate land, and privatevehicular or pedestrian access.