Minutes of the ordinary Council meeting - 25 September 2012

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A report to consider the reclassification of various parcels of Council owned land. 2012. 293 RESOLVED: Moved: Cl. Green Seconded: Cl. Saul 1 That pursuant to Section 30 of the Local Government Act 1993, Council commence the process to reclassify the following lands as “operational”: Lot 34 DP1033470 (extension to Frederickton cemetery) Lot 11 DP816589 (Euroka Cemetery) Lot 36 DP1011989 (proposed Yarravel cemetery) Lot 8 DP9232 (Landsborough Street, South West Rocks) 2 That pursuant to Section 32 of the Local Government Act 1993, Council commence the process to reclassify Lot 24 DP748740 as “operational” land on the basis of the topography of the land and the difficulty in providing public access to the land. RECOMMENDATION IMPLICATIONS Environmental, Social: Nil Economic (Financial): There will be nominal direct costs to Council in advertising the proposed reclassifications and in holding a public hearing as required under the legislation. Policy or Statutory: The process of reclassification is prescribed by the provisions in the Local Government Act 1993 REPORT DETAILS Legislative Background to Land Classification The introduction of the Local Government Act in 1993 required that all councils classify the land they own. There are two classifications – “operational” and “community”. Whilst there is neither a definitive nor exhaustive list, examples of land classified as “operational” would include Council Offices, Depots, Water Treatment Plants, Water Reservoirs, Sewer Pumping Stations, Airports, Cemeteries and lands held as a temporary asset or as an investment. Examples of land classified as “community” would normally comprise a public park. Roads, and Crown land that Council manages „under Trust‟ pursuant to the Crown Lands Act 1989 do not require classification. The Local Government Act (Section 53) requires that lands held by Council at 1993 be entered into a “land register”. Shortly after the introduction of the 1993 Act, Council classified the lands held by it at that time with this information forming the basis of the land register. Land acquisitions/purchases post creation of 1993 land register, require that Council undertake a separate classification process. A Council has a period of up to three months from the date of the land acquisition in which to carry out the land Kempsey Shire Council FULL TEXT Minutes Ordinary Meeting 25 September 2012 Page 68
classification procedure – the procedure being detailed in the Local Government Act 1993. If a Council fails to carry out the land classification procedure within three months, the land, even if it was intended to have, or be better suited to an “operational” classification, automatically defaults to a “community” classification. The Local Government Act 1993 further prescribes how a Council can deal with /manage land that is classified as “operational” or “community”. Of note, councils have no power to sell “community” land and there are numerous restrictions on a council‟s ability to lease or licence “community” land. Furthermore, all “community” land is to be managed in accordance with a Plan of Management adopted by Council following prescribed public consultation. Until such time that a Plan of Management is adopted by a Council, the use of the “community” land is not to change. For example, a Council could not enter into a lease or licence agreement pending adoption of the Plan of Management. It is important therefore, to correctly classify land and comply with the land classification process for lands purchased post 1993. With regard to land dedicated to Council post 1993 for the purposes of a public reserve, it is accepted practice that the dedicated land not be the subject of a separate classification process given that such land is to be classified “community” land as required by the Local Government Act. Dedications normally arise as a result of land subdivisions in urban areas where the land developer is required to set aside/ dedicate land for the purposes of public recreation. Dedications are commonly known as Section 94 contributions, so called after the provisions set out at Section 94 of the Environmental Planning and Assessment Act 1979 (E P & A Act) From time to time, errors and/or administrative oversights result in lands receiving an incorrect classification. The Reclassification of Land There is provision in the Local Government Act 1993 for land to be reclassified from “operational” to “community” and vice versa. The process of reclassifying “operational” land to “community” land is relatively short and uncomplicated. However, the process of reclassifying “community” land to “operational” land is a more complicated and time consuming process. Reclassification from “community” to “operational” - Scenario 1 Where land that has received a “community” classification due to non-compliance with the three month period as mentioned earlier in this report, this land may only be reclassified by means of a Local Environmental Plan (LEP). This process requires preparation by Council staff of an amendment to the LEP and ultimately, approval of the NSW State Government. (Section 30 of the Local Government Act 1993 details the process). Management of this process can be reasonably „hungry‟ of staff resources. Reclassification from “community” to “operational” - Scenario 2 Where land that has received a “community” classification being land dedicated under Section 94 of the E P & A Act 1979, Council may resolve to reclassify the land only if it satisfied that the land has been found to be unsuitable for the provision or extension of public amenities if one or more of the following criteria are met: Kempsey Shire Council FULL TEXT Minutes Ordinary Meeting 25 September 2012 Page 69
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8 CONSIDERATION OF REPORTS RELATING
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Page 59 and 60: 15 COMMUNITY STRATEGIC AND MANAGEME
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Minutes of the ordinary Council meeting - 25 September 2012

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