07 April 2021
#Local Government, #Property, Planning & Development, #Planning, Environment & Sustainability
Interim arrangements for granting leases and licences on community land expiring 31 June 2021
The three-year initial period under the Crown Land Management Act 2016 (NSW) (CLM Act) will expire on 31 June 2021. Accordingly, the interim arrangements relating to the grant of leases and licences over ‘community land’ as classified by the Local Government Act 1993 (NSW) (LG Act) will also end. This means that, as of 1 July 2021, councils can only grant leases or licences over community land in accordance with an adopted ‘plan of management’ (PoM) (except in limited circumstances).
The Initial Period
Under the CLM Act, councils appointed as Crown land managers are required (except in limited circumstances) to manage Crown land as if it were classified as ‘community land’ under the LG Act. Under the LG Act, community land must be managed in accordance with a PoM. Leases and licences can only be granted on community land where an expressed authorisation is provided in an adopted PoM (except in limited circumstances, as outlined below).
Under the CLM Act, councils were granted a three-year period from 1 July 2018 – 31 June 2021 (Initial Period) to adopt a PoM. To facilitate continued access to and use of land while the PoMs were being developed, the CLM Act provides interim arrangements for the granting of leases and licences during the Initial Period. The interim arrangements allow Crown land managers to grant certain leases and licences over community land, even though they may not ordinarily be permitted under a PoM.
Interim arrangements expiring 31 June 2021
Council Crown land managers can grant leases and licences on community land as outlined in the table below, until the earlier of:
Leases and licences of community land from 1 July 2021
From 1 July 2021, Council Crown land managers can only grant leases and licences of community land:
Accordingly, councils should familiarise themselves with what leases and licences are expressly authorised in the applicable PoMs.
Councils should also ensure that all leases or licences comply with relevant legislation, Crown land management rules, policies, regulations, guidelines and fact sheets. The relevant tenure provisions under the LG Act are set out in the table below.
Authors: Cameron Sheather & Lauren Stables
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Bucknell & Anor v Townsville City Council & Anor  QCA 45
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL MATTERS – where the court granted the applicant leave to appeal a decision of the Planning and Environment Court, and dismissed the appeal – where the general rule is costs follow the event – whether the first respondent’s costs should be limited to those it would have incurred if it had appeared at the hearing and not participated in argument – where the first respondent advanced submissions that overlapped with those of the second respondent – where the first respondent did not identify any interest in the appeal not shared by the second respondent.
Local Government Act 1936 Qld.
Hawke v Brisbane City Council  QPEC 16
PLANNING AND ENVIRONMENT – APPEAL AGAINST REFUSAL OF CODE ASSESSABLE DEVELOPMENT APPLICATION – where proposed development involved demolition of a pre-1947 house – where central issue was whether the subject house contributed to the traditional building character of that part of the street within the Traditional building character overlay.
Planning Act 2016 Qld s 45, 60
Planning and Environment Court Act 2016 Qld s 43
Highgate Partners Qld Pty Ltd v Sunshine Coast Regional Council  QPEC 15
PLANNING AND ENVIRONMENT – APPLICATION – where the applicant was successful in obtaining a development approval granted by order of this Court on 17 October 2008, for staged sub-division of land at Burnside – where that development approval has previously been changed by order of this Court on three occasions: on 29 April 2011, 24 June 2016 and 13 April 2017, with a result of 53 separately owned subdivided lots and a yet to be sub-divided balance lot – where the applicant now seeks that the development approval be changed to facilitate the further staged subdivision of the balance lot – where the application is considered to be for a “minor change” within the meaning of s 78A of the Planning Act 2016 – whether the applicant has satisfied all of the requirements of s 79 of the Planning Act 2016 – whether s 79(1A) of the Planning Act 2016 requires the consent of all the owners – whether the 53 previously subdivided residential lots are “excluded premises” within the meaning of s 79(1A) and Schedule 2 of the Planning Act 2016 – whether the application should be approved upon assessment pursuant to s 81 of the Planning Act 2016.
Acts Interpretation Act 1954 Qld ss 14, 14B; Building Act 1975 Qld s 65; Integrated Planning Act 1997 Qld ss 3.5.33(3), 4.1.5A; Planning Act 2016 Qld ss 31, 35, 51, 73, 78, 78A(2), 79, 81, 84, 86, 280, Schedule 2
Planning and Environment Court Act 2016 Qld s 37; Planning Bill 2015 Qld; Sustainable Planning Act 2009 Qld ss 200, 245, 263, 367, 371, 379, 383, 440, 704
Bond v Chief Executive, Department of Environment and Science  QPEC 14
ENVIRONMENT AND PLANNING – COURTS AND TRIBUNALS WITH ENVIRONMENT JURISDICTION – QUEENSLAND – PLANNING AND ENVIRONMENT COURT AND ITS PREDECESSORS – PROCEDURE – where the applicant is subject to an Environmental Protection Order as a “related person” under s363AD of the Environmental Protection Act (1994) – where the order required the applicant to lodge a bank Guarantee of $5,500,000 to secure compliance and to carry out specific rehabilitation works – where the operational period of the order has expired – where the rehabilitation works required by the order have been carried out pursuant to a Direction Notice issued to the Department of Natural Resources Mines and Energy.
APPLICATION FOR STAY – where the applicant seeks a stay pursuant to s539B(2) of the Environmental Protection Act (1994) of the Environmental Protection Order to which he is subject– where the applicant submits that the stay is necessary to secure the effectiveness of an appeal to this court in relation to the making of the Environmental Protection Order – where a stay has been refused on two earlier occasions – whether “significant” new facts and circumstances have arisen which justify the further application for a stay being made – whether the interests of justice warrant a further hearing of the application – whether it is necessary on the facts to consider competing discretionary factors – whether the application amounts to an abuse of process.
Environmental Protection Act 1994 Qld ss 535, 539B, 358, 363AD, 363AG
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