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5.0 Basis of Management
5.1 Role of Community Land
Classification as 'community' land reflects the importance of the land to the community. Generally, it is land intended for public access and use, or where other restrictions applying to the land create some obligation to maintain public access (such as dedication under s94 of the EPA Act). This gives rise to the restrictions in the Act, intended to preserve the qualities of the land. As such, community land:
Cannot be sold;
Cannot be leased, licensed or have any other estate granted over the land for more than 30 years (ministerial consent required for periods over 21 years); and
Must have a plan of management prepared for it.
5.2 Management of Community Land
The management of community land is governed by the categorisation of the land (by way of a PoM), and the core objectives established for the category of community land. In essence, categorisation establishes the public purpose(s) for which the community land will be used.
Ferry Park Reserve is categorised as General Community Use under s36I of the LG Act. The foreshore area is categorised as Natural Area under s36I which is further categorised Foreshore under s36N of the Act.
The guidelines for categorising land as 'General Community Use', ‘Natural Area - Foreshore’ and the core objectives for the management of the land are set out in Table 5.1, 5.2 and 5.3 respectively.
(1) Guidelines
Land should be categorised as general community use under section 36(4) of the Act if the land: (a) may be made available for use for any purpose for which community land may be used, whether by the public at large or by specific sections of the public, and (b) is not required to be categorised as a natural area under section 36A, 36B or 36C of the Act and does not satisfy the guidelines under clauses 102–105 for categorisation as a natural area, a sportsground, a park or an area of cultural significance.
(2) Core objectives
To promote, encourage and provide for the use of the land, and to provide facilities on the land, to meet the current and future needs of the local community and of the wider public: (a) in relation to public recreation and the physical, cultural, social and intellectual welfare or development of individual members of the public, and (b) in relation to purposes for which a lease, licence or other estate may be granted in respect of the land (other than the provision of public utilities and works associated with or ancillary to public utilities).
(1) cl106, Local Government (General Regulation) 2005
(2) s36I, Local Government Act 1993
Table 5.2 Guidelines for, and core objectives of community land categorised as Natural Area (1) Guidelines (2) Core objectives
Land should be categorised as a natural area under section 36(4) of the Act if the land whether or not in an undisturbed state possesses a significant geological feature, geomorphological feature, landform, representative system or other natural feature or attribute that would be sufficient to further categorise the land as bushland, wetland, escarpment, watercourse or foreshore under section 36(5) of the Act. (a) to conserve biodiversity and maintain ecosystem function in respect of the land, or the feature or habitat in respect of which the land is categorised as a natural area, and (b) to maintain the land, or that feature or habitat, in its natural state and setting, and to provide for the restoration and regeneration of the land, and (c) to provide for community use of and access to the land in such a manner as will minimise and mitigate any disturbance caused by human intrusion, and (d) to assist in and facilitate the implementation of any provisions restricting the use and management of the land that are set out in a recovery plan or threat abatement plan prepared under the Biodiversity Conservation Act 2016 or the Fisheries Management Act 1994. (1) cl102, Local Government (General Regulation) 2005 (2) s36E, Local Government Act 1993
Table 5.3 Guidelines for, and core objectives of community land further sub-categorised as Foreshore (1) Guidelines (2) Core objectives
Land that is categorised as a natural area should be further categorised as foreshore under section 36(5) of the Act if the land is situated on the water's edge and forms a transition zone between the aquatic and terrestrial environment. (a) to maintain the foreshore as a transition area between the aquatic and the terrestrial environment, and to protect and enhance all functions associated with the foreshore's role as a transition area, and (b) to facilitate the ecologically sustainable use of the foreshore, and to mitigate impact on the foreshore by community use. (1) cl111 , Local Government (General Regulation) 2005 (2) s36N, Local Government Act 1993 Note: Council must manage community land according to these core objectives. Any activities or uses of the land should be consistent with the core objectives for that category of land. Additional objectives which support the above core objectives are included in Section 6 Management Strategies and Performance Measures.
