Assessing e Values and Management of the NSW Travelling ... - Land

ASSESSING THE VALUES AND MANAGEMENT OF THE NSW TRAVELLING STOCK RESERVE
1.4 Legislative Context
1.4.1 Crown Lands Act 1989 (CL Act) - NSW
Travelling Stock Reserves are Crown reserves held under Trust. Any reserves that the
LHPA (RLPB) cede back to the Land and Property Management Authority will be dealt with
under the provisions of the Crown Lands Act, 1989. The objects of the Act are to ensure
that Crown land is managed for the benefit of the people of New South Wales and in
particular to provide for the regulation of the conditions under which Crown land is permitted
to be occupied, used, sold, leased, licensed or otherwise dealt with, and the reservation or
dedication of Crown land for public purposes.
Under Part 3 of the CL Act the Minister for Lands must be satisfied that the land has been
assessed prior to any allocation action, i.e. reservation, dedication, sale, lease, licence or
permit. The purpose of a land assessment is to ensure decisions made in relation to Crown
land are in accordance with the principles of Crown land management by (amongst other
matters) including an assessment of the capabilities of Crown land and the identification of
suitable land uses.
The Principles of Crown Land Management (s. 11 of the CL Act) cover a range of
environmental, social and economic matters and are as follows:
(a) That environmental protection principles be observed in relation to the
management and administration of Crown land;
(b) That the natural resources of Crown land (including water, soil, flora, fauna and
scenic quality) be conserved wherever possible;
(c) That public use and enjoyment of appropriate Crown land be encouraged;
(d) That, where appropriate, multiple use of Crown land be encouraged;
(e) That where appropriate, Crown land should be used and managed in such a
way that both the land and its resources are sustained in perpetuity; and
(f) That Crown land be occupied, used, sold leased, licensed or otherwise dealt
with in the best interests of the State consistent with the above principles. “The
best interests of the State” is interpreted to mean equitable access in terms of
the use of the land by individuals and groups and the social and economic
benefit to the people of New South Wales for each suitable use.
1.4.1.1 Crown Lands Office Conservation Policy
The Department of Lands Conservation Policy states that “Crown land will be retained in
Crown ownership where possible under existing legislation where it comprises:
(a) Land required as access to and fronting inland watercourses, lakes, water
storages, lagoons and tidal waters;
(b) Lands required for:
• Scenic and catchment area protection
• Preservation of the habitat of native fauna
• Preservation of native flora
• Soil conservation purposes
(c) Land required for recreation
(d) Land required for revegetation
In furtherance of this policy, Crown land will not be disposed of by way of sale if it meets
any of the requirements set out above and will not be allocated by way of lease or
permissive occupancy where these requirements will be adversely affected.”
REPORT ON METHODOLOGY AND FINDINGS AUGUST 2009 Page 10 of 88