item 1 aboriginal land claim (nsw legislation) file...
TRANSCRIPT
Community Services and Planning Committee - 14 June 2018
Gwydir Shire Council
Gwydir Shire Council Page 1
Item 1 Aboriginal Land Claim (NSW Legislation)
FILE REFERENCE
DELIVERY PROGRAM
GOAL: 4. Proactive Regional and Local Leadership
OUTCOME: 4.1 WE ARE AN ENGAGED & CONNECTED COMMUNITY
STRATEGY: 4.1.1 Encourage an informed community - GM - external
AUTHOR General Manager
DATE 12 June 2018
STAFF DISCLOSURE OF INTEREST Nil IN BRIEF/ SUMMARY RECOMMENDATION This report is for notation. BACKGROUND The Council considered the attached memorandum at its May Ordinary Council Meeting and resolved:
THAT the Gwydir Shire Council opposes the granting of the Bingara Aboriginal Land Claim by the NSW Aboriginal Land Council on behalf of the Anaiwan Local Aboriginal Land Council over Reserve Numbers 754819 and 96977, reserved for future public requirements as, in the Council’s opinion, the land is needed or likely to be needed for an essential public purpose being residential expansion for Bingara. FURTHER that any residents concerned about this issue are urged to make contact with their local State Member of Parliament.
Following this resolution the attached submission has been prepared and lodged prior to the 6th June 2018 deadline.
OFFICER RECOMMENDATION
THAT the report be received
ATTACHMENTS
AT- Memorandum AT- Submission
MEMO TO: All Councillors MEMO FROM: General Manager SUBJECT: Aboriginal Land Claim (NSW Legislation) DATE: 23rd May 2018 The Council has been aware since 2011 of a land claim for land within the town boundary of Bingara – shaded red on the attached plan.
Aboriginal land claims are investigated against criteria set out in Section 36(1) of the Aboriginal Land Rights Act 1983.
36 Claims to Crown lands
(1) In this section, except in so far as the context or subject-matter otherwise indicates or requires: "claimable Crown lands" means lands vested in Her Majesty that, when a claim is made for the lands under this Division: (a) are able to be lawfully sold or leased, or are reserved or dedicated for any purpose, under the
Crown Lands Consolidation Act 1913 or the Western Lands Act 1901 ,
(b) are not lawfully used or occupied,
(b1) do not comprise lands which, in the opinion of a Crown Lands Minister, are needed or are likely to be needed as residential lands,
(c) are not needed, nor likely to be needed, for an essential public purpose, and
(d) do not comprise lands that are the subject of an application for a determination of native title (other than a non-claimant application that is an unopposed application) that has been registered in accordance with the Commonwealth Native Title Act, and
(e) do not comprise lands that are the subject of an approved determination of native title (within the meaning of the Commonwealth Native Title Act) (other than an approved determination that no native title exists in the lands).
The Council has until 6th June 2018 to formally oppose the application and I suggest that the Council adopt the following motion:
THAT the Gwydir Shire Council opposes the granting of the Bingara Aboriginal Land Claim by the NSW Aboriginal Land Council on behalf of the Anaiwan Local Aboriginal Land Council over Reserve Numbers 754819 and 96977, reserved for future public requirements as, in the Council’s opinion, the land is needed or likely to be needed for an essential public purpose being residential expansion for Bingara.
There is no guarantee that this will stop the land from being transferred as when this was initially raised with the Council in 2011 the Council was advised that:
Unfortunately the future residential expansion argument has been before the Land and Environment Court several times and is not considered an essential public purpose when it comes to the Aboriginal Land Rights Act.
Section 36(b1) Aboriginal Land Rights Act specifically exists for this reason, however it requires the Minister (for Lands) to have personally held the opinion the claimed land was needed for residential land at the date of claim. So unless we have documented evidence of this it is not a grounds for refusal.
The Council’s records are being reviewed in an attempt to establish any communication in the past with the appropriate Minister. The land claimants have requested that this component of their land claim be expedited – hence the sudden urgency.
Max Eastcott General Manager
1
2
11
13
1 8
16
5
19
4
10
12
14
6
8
14
151
617
3
2
1
6
7
2
9
7
111
3
3
5
1
5
4
3
10
12
9
2
8
1
9
10
2
1
2
3
11
0
6
7
1
8
4
8
9
6
7
3
2
5
5
9
10
4
2
4
3
2
3
7
4
8
9
1
3
10
5
6
1
4
12
1
1
2
2
1
7
7
7
8
6
6
8
9
1011
14
1
12
13
14
15
16
6
8
7
5
12
13
4
11
9
10
13
14
20
1
2
2
B1
1
A
1
2
2
9
1
6
5
10
4
3
10
11
11
A
B
8
5
6
7
2
2
7
1
3
4
1
5
C
A
7
B
10
98
20
19
15
9
82
9
5
4
8
17 18
4
3
2
1
312
1
280
21
10
9
C
A
1
8
11
1 2
1
2
10
9
2
1
2
14A
2
13A
2
1
1
7
2
1
5A
1
3
7
2
8
2
GF
1
1
9
B
3
11
15
12
11
MARTYN ST
MARTYN ST
MARTYN ST
BRAINARD ST
BRAINARD ST
HILL S
T
RID
DE
LL ST
MARTYN ST
MO
OR
E S
T
DE
LL ST
MARTYN
BRAINARD ST
SOUTH ST
RID
DE
LL ST
MO
OR
E S
T
BRAINARD ST
RID
DE
LL ST
BRAINARD ST
BRAINARD ST
BRAINARD ST
PO
UN
D S
T
MARTYN ST
MARTYN ST
BRAINARD ST
MARTYN ST
MARTYN ST
PO
UN
D S
T
MO
OR
E S
T
RID
LEY
ST
HEBER ST
HEBER ST
HEBER ST
HEBER ST
MARTYN STMARTYN ST
DIN
OG
A S
T
WE
ST S
T
WE
ST S
T
RID
LEY
ST
HEBER ST
DIN
OG
A S
T
MARTYN ST
HEBER ST
MARTYN ST
LA NE
SOUTH ST
PO
UN
D S
T
SOUTH ST
SOUTH ST
P OUN
D ST
RID
LEY
ST
S
MO
OR
E S
T
SOUTH ST
SOUTH ST
DI N
OG
A S
TSOUTH ST
BRAINARD ST
BRAINARD ST
60
18
49
49
48
48
18
23
49
10
7
7
6
6
43
4345
17
17
47
47
48
13
44
4
5
5
44
4
3
© Gwydir Shire Council 2018© Lands Department 2018© Aerometrex Pty Ltd 2017All Rights Reserved
No part of this map may be reproduced without written permission. Enquiries and end user comments should be directed to:General ManagerLocked Bag 5BINGARA NSW 2404.
Disclaimer:The publisher of and/or contributors to this publication accept no responsibility for any injury, loss or damage arising from its use or errors or omissions therein. Council accepts no responsibility for the accuracy of any boundaries shown. Boundaries lines are derived from cadastral information provided to Council by Land and Property Information NSW. Lines shown are indicative only and should not be used for the purposes of boundary definition or location. For accurate boundary information, the services of a registered cadastral surveyor should be engaged.
DATE: 21 May 2018AUTHOR: D PerrettREFERENCE: SPATIAL\PROJECTS 2018/GMMap - Bingara Aboriginal Land Claim - 23 May 2018
Aboriginal Land Claim
Location of Lots and DP's relating to Bingara Aboriginal Land Claims by the NSW Aboriginal Council on behalf of the Anaiwan Local Aboriginal Council
MAP LEGEND
Living Classroom
Land Claim
Land Parcels
Road Fabric
ABN : 11 607 533 862
Lands Advisory Services Pty Ltd
265 King Street, Newcastle, New South Wales, 2300 E : [email protected] T : 0428 474 542
Aboriginal Land Claims Unit NSW Department of Industry - Lands PO Box 2215 DANGAR NSW 2402
Our Ref : 18.154 Your Ref : Doc17/160764
Date : 6 June 2018
via email : [email protected] Attn : Ms P Campbell Dear Pauline, Re: Aboriginal Land Claims at South Bingara I refer to your email to the General Manager of Gwydir Shire Council of 23 May 2018 regarding a series of Aboriginal Land Claims at South Bingara. Lands Advisory Services (Landsas) has been engaged by Gwydir Shire Council (Council) to assist in addressing various status issues, including the Subject Claims1, and the General Manager has asked me to respond on his behalf. Council has been progressively developing and releasing land at South Bingara for many years with the view to allow Bingara to grow. To do this Council acquired Crown land, constructed roads and services and sold residential allotments as required. Council had envisaged that the parcels claimed would continue to provide capacity to expand the town. The demand for residential property in Bingara is not met by the private sector, given return on investment is negligible. Council considers, in the context of Bingara, that its residential program is fundamental to the Town’s economic development. Given the economic development of the town is dependent on population expansion and capacity to expand is only provided by Council, the provision of residential land by Council is considered an essential public purpose. The residential program stalled with the lodgement of the Nucoorilma Clan of the Gamilaaroy Aboriginal People Native Title Claim and the subsequent Gomeroi Peoples Claim. Council requests the following actions should be considered in the determination of whether the land was required for an essential public purpose in relation to the claimed lands in general and Sections 13, 17 and 43 in particular:
Sections 13, 17 and 43 had been referred by Council to Lands for approval to acquire and
valuations for the land had been obtained.
Council had resolved the necessity to deliver residential and industrial lands.
Council had proposed that part of the land to be acquired would be utilised to deliver a retirement
village.
1 The Subject Claims refer to the 88 Aboriginal Land claims lodged by the New South Wales Aboriginal Land Council on behalf
of the Anaiwan Local Aboriginal Land Council on 1 February 2011 and listed in the Department of Industry Reference Notice DOC17/160764.
18.154
Lands Advisory Services Pty Ltd
265 King Street, Newcastle, New South Wales, 2300 E : [email protected] T : 0428 474 542
To assist this determination information from Council’s records is attached to this letter and shown in the following table.
Appendix Date Information
A 20 May 1993 Planning and Development Committee Minutes – Exhaustion of Council’s residential land stock, Development of an urban residential development policy.
B 13 July 1993 Council Minutes - Recommendation that Council approach the Department of Conservation and Land Management to ascertain whether certain allotments would be available for purchase by Council for future urban residential development. Lots 6 to 10 S12 (Moore St); Lot 1, 9 to 11 S23 (Riddell St); Lots 1 to 10 S5 (Heber to Martyn Sts)
C 26 July 1993 Council request to Department of Conservation and Land Management seeking to acquire above lots as Council’s last block of its existing residential subdivision has been sold and there are only three vacant lots in town available for sale
D 28 February 2003
Council Minutes - Council adopts the Tourism & Economic Development goals including: 1. “That the Shire’s target resident population by the year 2008 is 3000 persons.” 2. “That the Council facilitate the development of suitable land and facilities for residential and industrial purposes adjacent to the town of Bingara.”
E 5 November 2003
Crown Lands approval of Acquisition of Stage 1 (Sections 5, 12 and 23) and acknowledgement of Stage 2 (Sections 13, 17 and 43)
F 28 November 2003
Council Minutes - Council is negotiating the release of 19 additional building blocks as there is a desperate need for more residential blocks within the Bingara town boundary. Resolution that Council proceed to acquire the lots.
G 2 February 2004
Council Engagement of A Lewis to provide valuations for the following crown land: Section 43 – lots 1-10 Section 17 – lots 1-10 Section 13 – lots 5-9, lots 11-20 Gwydir Street – part river crown land – lot 136.
H 9 March 2004
Council letter to Lands - Acceptance of Valuer-General’s valuations for: Lots 1, 9-11 Section 23 Lots 6-10 Section 12 Lots 1-4, 6-10 Section 5
H2 1 July 2004 Council Resolution - Resolution to compulsorily acquire: Residential land being various lots in Sections 5, 12 & 23, all DP 758111
I 23 July 2004 Council Resolution - Resolution to compulsorily acquire: Residential land being Lots 1-10 Section 43; Lots 1- 10 Section 17; Lots 5,7,9,11-20 Section 13, all DP 758111 and lot 136 Gwydir Street and Part crown land Gwydir Street. Valuation is $84,400. Land is required to land bank and to become available as the demand is created.
J 27 July 2004 Council letter to Lands - Forwarding valuation report for the following crown land: Section 43 – lots 1-10 Section 17 – lots 1-10
18.154
Lands Advisory Services Pty Ltd
265 King Street, Newcastle, New South Wales, 2300 E : [email protected] T : 0428 474 542
Appendix Date Information
Section 13 – lots 5-9, lots 11-20 Requesting acceptance and approval of valuations so land can be transferred to Gwydir Council.
K 14 September 2004
Council to Dept of Local Government which:
Sets out Council’s Economic Development Plan.
Addresses acquisition for resale purposes
Shows stages one and two of the residential program; stage two is being negotiated with the Dept. of Lands;
Council is hopeful of a retirement village being built on this site (i.e. stage two land)
The Town’s expansion needs not being met by the private sector
Self funding
L 3 June 2005 Council to Nucoorilma Clan - Seeking concurrence to the exclusion from the claim of all lands located within the attached maps that may be subject to the Claim and giving reasons for the request. Map of Bingara includes the land subject to the 88 ALCs.
M 31 July 2008 Council Minutes - Report on what land under Council’s control may be subject to a Native Title Claim. Includes maps highlighting land at Warialda and Bingara which may be subject to land claims
Council resolved at its meeting on 24 May 2018 that the Gwydir Shire Council opposes the granting of the Bingara Aboriginal Land Claim by the NSW Aboriginal Land Council on behalf of the Anaiwan Local Aboriginal Land Council over Reserve Numbers 754819 and 96977, reserved for future public requirements as, in the Council’s opinion, the land is needed or likely to be needed for an essential public purpose being residential expansion for Bingara. Please advise if you have any questions regarding this advice.
Yours Faithfully,
Craig Barnes Managing Director Lands Advisory Services Pty Ltd
r PLANNING AND DEVELOPMENT COMMITTEE MEETING
HELD 20TH MAY, 1993
2 . FUTURE TOWN RESIDENTIAL DEVELOPMENT
W i t h t h e s a l e o f t h e l a s t r e m a i n i n g b l o c k i n C o u n c i l ' s BowenS t r e e t S u b d i v i s i o n , t h e r e i s a n e e d t o i n v e s t i g a t e t h e n e e d ando p t i o n s a v a i l a b l e t o C o u n c i l t o c a r r y o u t a f u t u r e residentials u b d i v i s i o n w h i c h w i l l b e s t m e e t t h e t o w n ' s f u t u r e needs.
V a c a n t l a n d a v a i l a b l e a t p r e s e n t include:−
+ + C r o w n L a n d b e t w e e n H e b e r , D i n o g a , M a r t y n a n d R i d l e y Street+ + C r o w n L a n d a d j o i n i n g W e s t S t r e e t s o u t h b e t w e e n H e b e r and
M a r t y n Streets+ + C r o w n L a n d i n R i d d e l l S t r e e t s o u t h f r o m B r a i n a r d Street
+ + L a n d i n S p r i n g S t r e e t o w n e d b y E s t a t e Gaffey
ACTION RECOMMENDED: F o r C o m m i t t e e ' s Consideration.
COMMITTEE RECOMMENDATION:
1 . THAT C o u n c i l a g r e e i n p r i n c i p l e wit:t h e u n d e r t a k i n g o f a n urbanr e s i d e n t i a l d e v e l o p m e n t policy
2 . THAT t h e P l a n n i n g a n d DevelopmentC o m m i t t e e i n v e s t i g a t e a l l optionsa v a i l a b l e f o r f u t u r e urbanr e s i d e n t i a l development
3 . THAT t h e S h i r e C l e r k a n d ShireE n g i n e e r a p p r o a c h t h e l o c a l RealE s t a t e A g e n t s a n d e n q u i r e i f therea r e a n y v a c a n t b l o c k s o f l a n d listef o r sale
h i s i s p a g e n u m b e r N I N E o f t h e M i n u t e s o f t h e P l a n n i n g ande v e l o p m e n t C o n t t / I e e ) n g h e l 9 . M a y 2 0 , 1993.
h i r e C l e r k .V
O f t h e ORDINARY MEETING o f B i n g a r a S h i r e C o u n c i l h e l d MayM i n u t e s28,
THE PROPERTY AND S E R V I C E S COMMITTEE MEETINGINUTES 01,
M i n u t e N o . 2 0 0 / 9 3THAT s u b j e c t t o t h e f o r e g o i n g , t h a t theRESOLVED:r e p o r t b e RECEIVED a n d ther e c o m m e n d a t i o n s o f t h e C o m m i t t e e becomer e s o l u t i o n s o f t h e Council.
3 ( M o v e d C r . M a c k , S e c o n d e d C r . Fay)
MINUTES O F T H E P L A N N I N G AND DEVELOPMENT COMMITTEE MEETING
M i n u t e N o . 201/93RESOLVED: THAT t h e r e p o r t b e RECEIVED a n d t h a t the
r e c o m m e n d a t i o n s o f t h e C o m m i t t e e becomer e s o l u t i o n s o f t h e Council.( M o v e d C r . P a n k h u r s t , S e c o n d e d C r . Otter)
MINUTES OF THE BINGARA S H I R E CONSULTATIVE COMMITTEE MEETING
M i n u t e N o . 202/93RESOLVED: THAT t h e r e p o r t b e RECEIVED a n d t h a t the
r e c o m m e n d a t i o n s o f t h e C o m m i t t e e becomer e s o l u t i o n s o f t h e Council.( M o v e d C r . Q u e l c h , S e c o n d e d C r . Fay)
MINUTES OF THE PLANT AND SALEYARDS COMMITTEE MEETING
M i n u t e N o . 203/93RESOLVED: THAT t h e r e p o r t b e RECEIVED a n d t h a t the
r e c o m m e n d a t i o n s o f t h e C o m m i t t e e becomer e s o l u t i o n s o f t h e Council.( M o v e d C r . L e w i s , S e c o n d e d C r Otter)
−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−
T h i s i s p a g e n u m b e r ELEVEN o f t h e M i n u t e s o f t h e O r d i n a r y M e e t i n g ofC o u n c i l h e l d M a y 8 , 993.
VMay
Clerk. . . . . . . . . . . . . . . . . . . . . . . C h a i r m a n ........................
P L A N N I N G A N D D E V E L O P M E N T C O M M I T T E E MEETING
t e0:1ef Council C h a m b e r s , M a i t l a n d S t r e e t , B i n g a r a , o n Tuesday,
in th1 9 9 c o m m 1 0 . 3 7 a
July I
C o u n c i l l o r s J . H . W e a r n e , H . J . F a y andP . G . Pankhurst.
A l s o i n a t t e n d a n c e w a s t h e A c t i n g GeneralM a n a g e r , M r . T . W. L o c k w o o d a n d t h e CouncilE n g i n e e r , M r . J . W. Lane.
POLOGY:R e c e i v e d f r o m C o u n c i l l o r M . Smith.
i s p a g e n u m b e r O N E o f t h e M i n u t e s o f t h e P l a n n i n g a n d DevelopmentM e t i f l g h e l d J u l y 1 3 , 1993.
Corn
G . . . . . . . . . . C h a f r m a n ......
M i n u t e s o f t h e P L A N N I N G A N D D E V E L O P M E N T C O M M I T T E E M E E T I N G held1 3 t h J u l y , 1993.
1 . F U T U R E U R B A N R E S I D E N T I A L DEVELOPMENT
A s r e s o l v e d b y C o u n c i l o n 2 8 t h M a y , 1 9 9 3 , ( R e s o l u t i o n N o . 201/93):
" T H A T t h e P l a n n i n g a n d D e v e l o p m e n t C o m m i t t e e investigatea l l o p t i o n s a v a i l a b l e f o r f u t u r e u r b a n r e s i d e n t i a l development
COMMITTEE RECOMMENDATION:T H A T C o u n c i l a c E r o a c h t h e D e p a r t m e n t ofC o n s e r v a t i o n a n d L a n d M a n a g e m e n t t o ascertaini f t h e l a n d d e t a i l e d b e l o w w o u l d b e a v a i l a b l e forp u r c h a s e b y C o u n c i l f o r f u t u r e u r b a n residentiald e v e l o p m e n t . T h e a l l o t m e n t s a r e i n o r d e r ofC o u n c i l ' s preference:−
1 . A l l o t m e n t s 6 t o 1 0 − S e c t i o n 1 2 , Parisho f B i n g a r a ( M o o r e Street)
2 . A l l o t m e n t s 1 , 9 t o 1 1 − S e c t i o n 2 3 , Parisho f B i n g a r a ( R i d d e l l Street)
3 . A l l o t m e n t s 1 t o 1 0 − S e c t i o n 5 , Parisho f B i n g a r a ( H e b e r t o M a r t y n Sts)
2 . NEW I N D U S T R I A L ESTATE
T h e C o m m i t t e e d i s c u s s e d t h e p r o v i s i o n o f s u i t a b l e DevelopmentG u i d e l i n e s f o r t h e a b o v e t o e n a b l e C o u n c i l s t a f f t o i n f o r m perspectivel a n d b u y e r s o f s o m e o f C o u n c i l ' s r e q u i r e m e n t s D i s c u s s i o n alsoc o v e r e d w h a t t o d o w i t h t h e l a n d a t t h e p r e s e n t time
COMMITTEE RECOMMENDATION:T H A T :
rf
a . C o u n c i l p r o v i d e f u n d s f r o m t h e CapitalW o r k s R e s e r v e to:−
−f−I− m a n u f a c t u r e a n d e r e c t a suitablea d v e r t i s i n g s i g n o n Site
−I−I− e r e c t a 1 . 2 m h i g h p l a i n w i r e fenceo n t h e b o u n d a r y w i t h T S R N o . 29608
E s t i m a t e d c o s t − $3,000
b . C o u n c i l a d o p t t h e a t t a c h e d DevelopmentG u i d e l i n e s provisions
14
COMMIs P a g e n u m b e r TWO o f t h e M i n u t e s o f t h e P l a n n i n g a n d Development
71eetjn h J U l y 1 3 , 1993.
A C h a i r m a n . .
BINGARA SHIRE COUNCILP.O. BOX 5, BINGARA, N.S.W., 2404 0 T E L E P H O N E (067)24 1505
ALL COMMUNICATIONST O B E ADDRESSED TOTHE SHIRE CLERK. /
71—OUR REF.
lane
2 6 t h J u l y , 1 9 9 3 9
D e p a r t m e n t o f C o n s e r v a t i o n andL a n d M a n a g e m e n t , \ rflP . O . B o x 388,
MOREE. N . S . W . , 2400
D e a r Ross,
P r o p o s e d A c q u i s i t i o n o f C r o w n L a n d − T o w n s h i p o f Bingara
C o u n c i l a t i t s M e e t i n g o n F r i d a y , 2 3 r d J u l y , 1 9 9 3 , n o t e d t h a t t h e lastb l o c k o f i t s e x i s t i n g r e s i d e n t i a l s u b d i v i s i o n h a s n o w b e e n s o l d ande n q u i r i e s t o t h e l o c a l r e a l e s t a t e a g e n t s h a v e r e v e a l e d t h e r e i s onlyt h r e e ( 3 ) v a c a n t b u i l d i n g b l o c k s a v a i l a b l e f o r p r i v a t e sale.
T h e r e f o r e t o a v o i d t h e t o w n s h i p s f u t u r e r e s i d e n t i a l d e v e l o p m e n t froms t a g n a t i n g , C o u n c i l h a s r e s o l v e d t o m a k e e n q u i r i e s t o y o u r Departmenti f i t w e r e p o s s i b l e t o a c q u i r e a n y o f t h e f o l l o w i n g s e c t i o n s o f CrownL a n d b y C o u n c i l w h i c h w i l l b e u s e d f o r f u t u r e u r b a n residentialdevelopment:−
+ + A l l o t m e n t s 6 t o 1 0 − S e c t i o n 1 2 , P a r i s h o f B i n g a r a ( M o o r e st)
+ + A l l o t m e n t s 1 , 9 t o 1 1 − S e c t i o n 2 3 , P a r i s h o f B i n g a r a ( R i d d e l l St)
+ + A l l o t m e n t s 1 t o 4 , 6 t o 1 0 − S e c t i o n 5 , P a r i s h o f B i n g a r a (Hebert o M a r t y n Sts)
C o u l d y o u f o r w a r d y o u r c o m m e n t s o n t h e a b o v e t o g e t h e r w i t h a n estimateo f c o s t s / c h a r g e s a s s o c i a t e d w i t h t h i s t o C o u n c i l a s s o o n a s possible.
Y o u r s faithfully,
( T . W. Lockwood)A c t i n g G e n e r a l Manager
BINGARA − T H E G E M O F NEW ENGLAND
PA65 33
MAYORAL MINUTE
AUSTRALIA DAY CELEBRATIONS
Once again, this Council had a successful celebrationcommemorating Australia Day.
It is important to remember that the success of events such asthis is the result of the work, often voluntary, o f a large numberof people.
On behalf o f this community, I would like to express ourgratitude to everyone who contributed to the occasion. Inparticular, I acknowledge the efforts o f the following:
• The Men and Women of the Bingara Lions' Club for theexcellent food that they prepared.
The Bingara Historical Society for their efforts.
• Cr. Wearne and his team on the Special Events andProjects Committee for their organisation.
The speaker for the event Ambassador Kevin Berry.
• The Council's staff for the presentation o f the venue andthe clean up afterwards. In particular Rachel Bilsboroughand Michael Wade for their efforts; and;
• To everyone who attended and made it such a memorableoccasion.
RECOMMENDATION
THAT the Mayoral Minute is noted.
MINLrrE 7/03RESOLVED: THAT the Council notes the report
(Moved Cr. King, Seconded Cr. Lewis)
COMMITTEE AND DELEGATES' REPORTS
ITEM I TOURISM AND ECONOMIC DEVELOPMENT COMMITTEE
SUMMARY OF RECOMMENDATIONS
THAT the Council adopt the following Tourism and EconomicDevelopment Goals:−
That the Shire's target resident population by the year2008 is 3000 persons.
This is page number 5 o f 3 u t e s of the Ordinary Meeting held February 28,2003.
Chairman.........................................................................................
• That the Council facilitate the development o f suitableland and facilities for residential and industrial purposesadjacent to the town of Bingara.
• That the Council actively encourage and pursue thetourist market through targeted marketing and theexpansion of tourist related activities such as thedevelopment o f walking trails and the sign posting ofitems of historical interest.
That the entrances, including all streets leading intoBingara, and the general appearance of the town ofBingara are presented in such a way that all visitors havea positive impression and that the residents have a senseof pride.
FURTHER THAT the General Manager prepares a draft strategyfor each Strategic Goal for the Committee's consideration at theMarch 2003 Meeting.
FURTHER THAT the Council investigate the options and costs ofan improved TV reception for the Caravan Park including the'pay TV' alternative.
THAT the Shire Engineer investigate and report on the processto nominate the Narrabri − Bingara Road as the Volcano Way.
THAT the General Manager and Mr. Hutton develop a costedproposal for presentation to Council and property owners.
FURTHER THAT all the available funding options areinvestigated such as the Heritage Council.
FURTHER THAT the structural integrity of the all the existingawnings is established by the Shire Engineer.
FURTHER THAT the Fossickers Way Meeting Minutes are noted.
MINUTE 8/03RESOLVED: THAT the Council notes the report
(Moved Cr. King, Seconded Cr. Otter)
ITEM 2 B−DIVISION MEETING
RECOMMENDATION FROM CR. WEARNE
That Council discusses the various matters contained in thisreport.
MINUTE 9/03RESOLVED: THAT the Council notes the report.
(Moved Cr. Wearne, Seconded Cr. Lewis)
This is page number 6 of the MJinutea of the Ordinary Meeting held February 28,2003.
Chairman
L a n d A d m i n i s t r a t i o n & Management
File P r o p e r t y & S p a t i a l Information
General Manager P 0 Box 358
Bingara Shire Council MOREE NSW 2400
P 0 Box 5 PEI:02 6752 5055
BINGARA NSW 2404FAX; 026752 1707
www. Iandsasw.govau
Our Ref: ME 94 H 203Contact: John Williams
Dear Sir,
I refer to our recent phone conversation in regard to the proposed acquisition of Crown
r J land in Bingara for residential development.
Approval in principal has now been given to Council acquiring all or any part o f thelands shown by red edge on the enclosed diagram subject to the payment ofcompensation.
It is noted that in 1994 Council opted to proceed with an acquisition in respect o f the 9available allotments in section 5 and the offer o f $36,000 was accepted by thisdepartment. However, in view o f the age o f the valuation, Council should arrange foranother and submit an offer to this office for consideration.
Yours sincerely,
J. Williamsfor Manager North WestCrown Lands NSW, Moree
5 t h November, 2003.
4.
tp
151
IPA
amit 7
OFIt
tol LO
CIL
U LANDS UNDER CONSIDERATION FOR ACQUISITIONBINGARA SHIRE COUNCIL DP 7548 19FREEHOLD
VACANT CROWN LAND
312
LICENCE FOR GRAZING I) 30 60 Printed by: John Williamst L Date printed: 28/10/2003
RESERVE FOR PUBLIC BUILDINGS Metres
iannex can be successfully moved to another site due to theconstruction of the annex following tradesman's advice.
(Moved Cr. King, Seconded Cr. Otter)
OPEN COUNCIL
MINUTE 157/03RESOLVED:
That the Meeting sit as Open Council to deal with therecommendations of the Committee of the Whole.
(Moved Cr. Wearne, Seconded Cr. Lewis)
ADOPTION OF THE RECOMMENDATIONS OF THE COMMITTEE OF THE WHOLE
MINUTE 158/03RESOLVED:
That the recommendations are adopted.
(Moved Cr. Wearne, Seconded Cr. King)
MAYORAL MINUTE
Item I Vacant Crown Land in Bingara
The Council is negotiating the release of 19 additional building blocksas shown with a red border on the attached plan.
Although the purchase will be undertaken using the Land Acquisition(Just Terms) Act 1991 the transfer will occur with the agreement ofthe State Government, which has already been received subject tothe transfer price being agreed upon between the parties.
The Council has not, as yet received the valuation but it is expectedto be around $ 45000 − $60 000. The Council already has apurchaser wanting to purchase 3 of the blocks.
There is a desperate need for more residential blocks to becomeavailable within the Bingara town boundary.
It is proposed that the blocks will be sold at a very competitive pricethat reflects only the purchase price, development costs (which areminimal) and an estimate of the Native Title compensation that maybe payable at some time in the future. In addition the blocks will besold with the caveat that a suitable dwelling must be build within areasonable time, possibly 12 months.
MINUTE 159/03RESOLVED:
THAT the Council notes the information.
This is page number 3 of the minutes of the Ord ina rv )e t inhe Id on November 28, 2003
Chairman.I5_
FURTHER that the Council finalise the negotiations under theLand Acquisition (Just Terms) Act 1991 for the acquisition of thelots detailed in red on the attached plan.
FURTHER that the seal of Council be affixed to all theappropriate documentation, i f required.
FURTHER that before any purchase is finalised the soil is testedaround the existing weeds control depot
FURTHER that the Council determine the minimum developmentstandards for the lots prior to any sale.
(Moved Cr. King, Seconded Cr. Wearne)
COMMITTEE AND DELEGATES' REPORTS
Item I PLANT, WASTE MANAGEMENT AND QUARRIES COMMITTEE
RECOMMENDATIONS TO COUNCIL:
MINUTE 160/03RESOLVED:
THAT the minutes are noted
FURTHER that the Council accepts the purchase offer fromWagga Trucks for $93 687 for the existing Hino Tipping Truck.
FURTHER that the Council purchase a Volvo FM9 (340 hp) fromJ T Fossey for $158 875 without trade.
FURTHER that InverelI Trucks and Trailers Sales and Service becommissioned to produce the body required for the Volvo Truckat cost of $20 110 plus GST.
(Moved Cr. Lewis, Seconded Cr. Quelch)
Item 2 PUBLIC INFRASTRUCTURE AND WORKS COMMITTEEMEETING
Cr Rose declared an interest and left the meeting during discussion of the DraftSection 94 Contributions Plan.
RECOMMENDATION:
THAT the minutes are noted.
FURTHER that Council places the Draft Section 94 ContributionsPlan on public exhibition for 28 Days and consider any writtenpublic submissions prior to determination of the draft plan.
FURTHER that all the applicants for current developments beprovided a free copy of the Draft for comment
This is page number 4 of the minutes of the Ordinary 7held on November 28, 2003
( ' h i r m zz n
2 February, 2004
Mrs A Lewis'Clevecourt'BINGARA NSW 2404
Dear Ann,
Subiect: Land Valuation Request
Council would like to engage you again to review and provide a valuationreport on the following places of crown land:
Section 43— lots 1−10Section 17—lots 1−10Section 13— lots 5−9, lots 11−20Gwydir Street − part river crown land − lot 136(see attached plan)
For further information, please contact the Shire Engineer Mr J Lane.
Yours faithfully,
A ~.−−:T−A
Max EastcottGeneral Manager
BINGARA SHIRE COUNCILABN 34463 196 285
33 Maitland Street Bingana NSW 2404PG Box 5 Bngara NSW 2404Teephone 02 6724 1,105Facsimile 02 6724 77Ema makdJbngaranswgci.auWebsfte wv..bngara.nsvvgcv.au
or 'MN'a.Dngara.:ocat−e.nEw.govau
I
BINARA9th March 2004 s h i r e council
Department of LandsP. 0 . Box 388MOREE NSW 2400
Dear Mr Williams
Crown Land Acquisition − BingaraYour reference ME 94 H 302
Reference is made to your letter dated 3rd March 2004 regarding the abovematter.
The Council has discussed the valuation of Lots 1−4 and 6−10 Section 5 withits Valuer and is prepared to accept the Valuer−General's valuation of $36 000for these parcels of land.
Therefore the full purchase price for lots to be purchased is $75 000consisting of:
Lots 1, 9−11, Section 23 $16000Lots 6−10 Section 12 $23000Lots 1−4, 6−10 Section 5 $36000
The Council's Solicitors acting in this matter are;
Gray & PerkinsLevel 7, 55 Clarence StreetSYDNEY NSW 2000Ph: (02) 8235 1250Fax: (02) 9290 3628
Attention Jacqueline Law
.lawgrayperkins.comau
The Council has written to Gray & Perkins and they will contact your office toinitiate the transfer under the Land Acquisition (Just Terms CompensationAct) 1991.
Please do not hesitate to contact me on 6724 0170 if any further information isrequired regarding this matter.
Yours faithfullyB I N G A R A S H I R E COUNCIL
ABN 34 46 1 196 285
Max Eastcott 33 Maitland Street Bingara N S W 2404
General Manager PC. Box 5 Bingara N S W 2404
Telephone 02 6724 150E
Facernile 02 6724 1771
Email rnail©bngara.nswgovau
Website w,,vwbingara nswgovau
o r eiviwbingara.Iocaberisw.gcvau
G W Y D I R COUNCIL
EXTRAORDINARY MEETING MINUTESOF THE
GWYDIR SHIRE COUNCILJULY 1ST, 2004
Commenced at 10.12 AM
iL Present:
Administrator David Rose
Acting General Manager Max Eastcott
Press and Public:
Bingara Advocate Nancy Capel
This is page number I of the minutes of the Extraordinary Meeting held on July 1 2004Chairman.........................................................................................
GWYDIR SHIRE COUNCIL
MINUTES
EXTRAORDINARY MEETING JULY 1ST, 2004
tern j Confirmation o f Minutes
MINUTE 25/04RESOLVED:
THAT the Minutes o f the previous Extraordinary Meeting held on Friday2 5 t h June 2004 as circulated be taken as read and CONFIRMED.
Item 2 Acquis i t ion o f land
The former Bingara Shire Council resolved on 28th November 2003;
MINUTE 159/03RESOLVED:
THAT the Council notes the information.
FURTHER that the Council finalise the negotiations under the LandAcquisition (Just Terms) Act 1991 for the acquisition of the lots detailedin red on the attached plan.
FURTHER that the seal o f Council be affixed to all the appropriatedocumentation, i f required.
FURTHER that before any purchase is finalised the soil is tested aroundthe existing weeds control depot.
FURTHER that the Council determine the minimum developmentstandards for the lots prior to any sale.
This resolut ion has been implemented bu t there has been a proceduralerror that requires rectif ication. The Minister f o r Local Government'soff ice has advised that a resolut ion in the fol lowing terms mus t beadopted;
MINUTES OF EXTRAORDINARY MEETINGOF GWYDIR SHIRE COUNCIL
HELD AT BINGARA COUNCIL CHAMBERS ONTHURSDAY 1ST JULY 2004 AT 10 AM
This is page number 2 o f the minutes cf,the Extraordinary Meeting held on July 1, 2004
Chairman.........................................................................................
PRESENT: ADMINISTRATOR DAVID ROSE
CHAIRMAN: ADMINISTRATOR DAVID ROSE
BUSINESS: The Chairman stated that the Council wished to acquirethe following land by compulsory acquisition pursuant to the LandAcquisition (Just Terms Compensation) Act 1991:−
All that piece or parcel of land situate in the town of Bingara Parish ofBingara County of Murchison known as folio identifiers 1/5/7581112/5/758111, 3/5/758111, 4/5/758111, 6/5/758111, 7/5/758111,8/5/758111, 9/5/758111, 10/5/758111, 6/12/758111, 7/12/758111,8/12/758111, 9/12/758111, 10/12/758111,1/23/758111,9/23/758111,10/23/758111, 11/23/758111
RESOLVED that Council would:−
1) apply for the consent of the Minister and Governor; and
2) acquire the land by the compulsory process.
CLOSURE: There being no further business the meeting terminated at10.30am.
ChairmanAdministrator David Rose
MINUTE 26/04RESOLVED:
THAT Council :−
1) apply for the consent of the Minister and Governor;and
2) acquire the land by the compulsory process.
FURTHER that the form as outlined in this report isforwarded for the Minister's concurrence
FURTHER that the following parcels of land are classifiedas Operational Land once the transfer is complete
All that piece or parcel of land situate in the town ofBingara Parish of Bingara County of Murchisonknown as folio identifiers 1/5/758111, 2/5/758111,
This is page number 3 of the r n 2 s of the Extraordinary Meeting held on July 1, 2004
Chairman
3/5/758111, 4/5/758111, 6/5/758111, 7/5/758111,8/5/758111, 9/5/758111, 10/5/758111, 6/12/758111,71121758111, 8/12/758111, 9/12/758111, 10/12/758111,1/23/758111, 9/23/758111, 10/23/758111,11/23/758111
MINUTE 26.01/04RESOLVED: THAT the late item Purchase of 32 Plunkett Street Warialda' be
received and included into this Business Paper.
COMMITTEE OF THE WHOLE − CONFIDENTIAL ITEMS
MINUTE 27/04RESOLVED:
THAT the Council resolve into Confidential Session, Committee of the Wholeand that in the public interest and in accordance with Section IOA(2)(a) of theLocal Government Act, 1993, the public and press be excluded from themeeting to consider the purchase o f 32 Plunkett Street Warialda as a lateItem.
NOTE:
Section 1 OA (2) (a) permits the Committee to close the meeting to consider:
(a) personnel matters concerning particular individuals (other than councillors)
RECOMMENDATION TO COUNCIL:
THAT an inspection be undertaken o f 32 Plunkett Street Warialda.
FURTHER that subject to inspection the Council negotiates with the property'sowner for its purchase by Council.
FURTHER that the existing shop and an appropriate curtilage of land be rented toMr Peter Harrison at a mutually agreed rental amount following the purchase o f theproperty by the Council.
FURTHER that the Council reconsider the business loan request o f $10 000 by MrHarrison following the finalisation o f the purchase.
MINUTE 28/04RESOLVED:
That the Meeting sit as Open Council to deal with therecommendations o f the Committee of the Whole.
MINUTE 29/04RESOLVED:
That the recommendations of the Committee o f the Whole Meeting areadopted.
Meeting closed 10.21 am.This is page number 4 of the m i n u e o f the Extraordinary Meeting held on July 1, 2004
Chairman..........................................................................................
management −−
propertY within Gwydir Shire Council's area
3ACQUISITION OF LAND
p j g a r a Office
The former Bingara Shire Council was investigating the accumulation offurther land for residential purposes and as an industrial park.
The residential land is Lots 1−10 Section 43, Lots 1−10 Section 17, Lots 5, 7,9, 11−20 Section 13, all DP 758111, and Lot 136 Gwydir Street and PartCrown Land Gwydir Street. The area totals 59 056 square metres. Allservices are generally available to the land.
The valuation for this land is $84 400.
The land earmarked for industrial development is Lots 336, 337 and 338 DP822887, Lot 328 DP 727843 and Part TSR 29608. The area totals 13.34 ha.The land does not have any services available at present.
The valuation for this land is $34 000.
All the above parcels are detailed on the attached plan.
This land is required to land bank and to become available as the demand iscreated.
The Department of Lands will want the land transfer to be undertaken as inaccordance with the Land Acquisition (Just Terms) Act 1991. Therecommendation is framed to comply with the Government's requirements.
The Department of Local Government requires a resolution in the followingform to be adopted:
MINUTES OF EXTRAORDINARY MEETINGOF GWYDIR SHIRE COUNCIL
HELD AT BINGARA COUNCIL CHAMBERS ONTHURSDAY 23rd JULY 2004 AT 10 AM
PRESENT: ADMINISTRATOR DAVID ROSE
CHAIRMAN: ADMINISTRATOR DAVID ROSE
BUSINESS: The Chairman stated that the Council wished to acquirethe following land by compulsory acquisition pursuant to the LandAcquisition (Just Terms Compensation) Act 1991:−
This is page number 8 of the minu the Extraordinary Meeting held on July 23, 2004
Chairman ..............................− − − −
................................................................
All that piece or parcel of land situate in the town of Bingara raIiuiBingara County of Murchison known as folio identifiers 1/43/758111,2/43/758111, 3/43/758111,4/43/758111, 5/43/758111, 6/43/758111,7/43/758111, 8/43/758111,9/43/758111, 10/43/758111,1/17/758111,2/17/758111, 3/17/758111,4/17/758111,5/17/758111,6/17/758111,7/17/758111,8/17/758111,9/17/758111,10/17/758111,5/13/758111,7/13/758111, 9/13/758111, 11/13/758111, 12/13/758111,13/13/758111, 14/13/758111, 15/13/758111, 16/13/758111,17/13/758111, 18/13/758111, 19/13/758111,20/13/758111,136/758111 and Part Crown Land Gwydir Street for residentialpurposes.
All that piece or parcel of land situate in the town of Bingara Parish ofBingara County of Murchison known as folio identifiers 336/822887,337/822887, 338/822887, 328/727843 and Part TSR 29608 forindustrial purposes.
RESOLVED that Council would:−
1) apply for the consent of the Minister and Governor; and
2) acquire the land by the compulsory process.
CLOSURE: There being no further business the meeting terminated at11.30 am.
ChairmanAdministrator David Rose
MINUTE 32/04RESOLVED:
THAT Council :−
1) apply for the consent of the Minister and Governor;and
2) acquire the land by the compulsory process.
FURTHER that the form as outlined in this report isforwarded for the Minister's concurrence.
FURTHER that the following parcels of land are classifiedas Operational Land once the transfer is complete:
This is page number 9 of the m u , s of the Extraordinary Meeting held on July 23, 2004
Chairman............................................................................................
11C31f 06,115/43/758111, 6/43/758111, 7/43/758111, 8/43/758111,9/43/758111,10/43/758111, 1/17/758111, 2/17/758111,3/17/758111, 4/17/758111, 5/17/758111, 6/17/758111,7/17/758111, 8/17/758111, 9/17/758111, 10/17/758111,5/13/758111, 7/13/758111, 9/13/758111, 11/13/758111,12/13/758111, 13/13/758111, 14/13/758111, 15/13/758111,16/13/758111, 17/13/758111, 18/13/758111, 19/13/758111,20/13/758111, 136/758111 and Part Crown Land GwydirStreet for residential purposes and 336/822887,337/822887, 338/822887, 328/727843 and Part TSR 29608for industrial purposes.
The Acting General Manager indicated an interest (owned by partner) in anadjacent lot (144) to the proposed industrial area.
Warialda Office.
At the last Council Meeting it was resolved, in part, to:
THAT an inspection be undertaken of 32 Plunkett Street Warialda.
FURTHER that subject to inspection the Council negotiates with theproperty's owner for its purchase by Council.
The inspection was undertaken and the land is suitable for the purposeproposed Part of the site will be leased and the remainder earmarked forsubdivision and/or the expansion of the adjacent aged unit complex.
MINUTE 33/04RESOLVED:
THAT the Council purchase 32 Plunkett Street (Lots 16, 17, 19 and 20)Warialda for $35000.
FURTHER that the land is classified operational land.
FURTHER that the seal of Council be affixed to all the appropriatedocumentation, if required.
Item 4 GWYDIR LEARNING REGION (GLR)
The GLR is being set up through a series of strategic partnering agreements.
The Council (through the former Bingara Shire Council) already has in placeMemoranda of Arrangements with Bingara central School, Bingara ACE andthe Learning Region Working Group.
This is page number 10 of the the Extraordinary Meeting held on July 23, 2004
Chairman.............................................................................................
GWYDIRCOUNCIL
2 7 t h July 2004
The Department of LandsP 0 Box 388MOREE NSW 2400
Attn: Mr John Williams
Dear Sir
Subject: Crown Land Acquisition − Township of BirigaraStage Sec 43 Lots i − lO
Sec 17 Lotsi − lOSec 13 Lots 5, 7, 9,11 − 20Lot 136 & Part Crown Land − Gwydir Street
Further to your letter (Dated 313104) concerning the above, please findattached a Valuation Report by Tremain & Prowse PIL which is summarisedas follows:
Land Description ValuationEstimate
(1) Sec 43 Lots 1−10 )Sec 17 Lots 1 − 10Sec 13 Lots 5 ,7 ,9 , 11 −20) $70,000
(2) Lot 136 Gwydir Street $ 8,400
(3) Part of Crown Land $ 6,000
Total $84,400
Council hereby requests your approval to the above & acceptance of thevaluation assessment report so as the matter can be finalised and transferredto Gwydir Council.
For further information contact Mr Jim Lane at the Bingara Office ph67241505.
Yours faithfully
Max EastcottActing General Manager
G W Y O I R S H I R E C O U N C I L B I N G A R A AGN 636419850
33 Niatland Street Blrgaa NSW 240 P 0 Box S B3igara N S W 240 − TELEPHONE 62 6724 1505 FACS MILE 02 6724 1771
EMA L r n a I I © b l r g a r a . n s g o v . a u V EES TEL wwwbngara.nswpoe au www.bingara.local−e.nsw.gcv.ar.
Ø'ARIALDA OFFICE BINGARA OFFICE52 Hope Street 33 Malt/and StreetPhone: 02 6729 1016 Phone: 026724 2000Facsimile: 02 6729 1400 Facsimile: 02 6724 1771Email: [email protected] Email. mai1(bingara. nsw.gov. au
Mailing Address: G \'V Y D II RLocked Bag 5, Bingara, NSW, 2404 S H I R E C O U N C I L A B N i l 636 419850
1 4 t h September 2004
The Director−GeneralDepartment of Local GovernmentLocked Bag 3015NOWRA NSW 2541
Dear Mr Payne
DTS: 96881
Reference is made to your letter to Council's Solicitors; Gray & Perkins dated 3August 2004 (copy attached) concerning the proposed compulsory acquisition ofland for residential purposes in Bingara.
Firstly, it is important to note that the Department of Lands (Moree Office) wereaware of the Council's intention to purchase the subject land for resale forresidential use. This may be confirmed with Mr John Williams on 02 6752 5055although the attached correspondence (dated 5th November 2003) clearlydisplays the Department's understanding of the purpose of the proposedpurchase.
The land in question was obviously earmarked for an extension to the township ofBingara as the demand generated the need. Indeed, this proposed acquisition isstage one of the Council's residential expansion program.
The attached plan shows stages one and two of the residential program. Stagetwo is being negotiated with the Department of Lands. The Council is hopeful of aretirement village being built on this site. The Council is also negotiating for thepurchase of land for an industrial area. This is also Crown Land.
The request to finalise the purchase of these parcels of land in accordance withthe compulsory purchase provisions was undertaken at the request of theDepartment of Lands as it is that Department's preferred method of disposalwhen dealing with bodies such as Councils.
The Department of Lands at times release this type of land as the demand isproven. However, in this case the Department accepts that Gwydir Shire Councilis better placed to undertake the development work required. In any event theDepartment is receiving full value compensation as determined by a licensedvaluer.
The Shire's Economic Development Plan states:
There are costs associated with implementing this proposedPlan. The Council currently has a Housing Reserve that isestimated to have an uncommitted balance of $220 000. Theuncommitted balance of this Reserve is to be used to create anEconomic Development Fund.
This fund will finance the economic development initiativesadopted by the Council and will include the following measures:
Purchase and development costs for subdivision worksboth industrial and housing.Salaries required implementing the Plan.Seed funding and secured loans extended by Council tonew or existing businesses.
The Fund will be reimbursed from the proceeds of any sales ofhousing and industrial blocks and the repayment of any loansmade by the Council.
At the February 2003 Council Meeting the following economicdevelopment objectives were adopted by Council:
1. That the Shire's target resident population by the year2008 is 3000 persons.
2. That the Council facilitate the development of suitableland and facilities for residential and industrialpurposes adjacent to the town of Bingara.
In order to achieve the first objective the issue of accommodatingthe additional 900 persons must be addressed. The strategyneeds to be threefold and must address:
. the relative low occupancy rate of existing housing
• the infilling of existing vacant town lots along withpromoting an expansion of other housing forms such asdual occupancy; and;
the development of additional housing blocks.
The area's current average occupancy per household is 2.3persons per household compared to the State average of 2.6.This is mostly due to the ageing population. Offering alternative,good quality, housing options to older residents will 'free−up'existing housing for higher density occupation. For example, anincrease of 0.2 persons per household would result in anaccommodation of 160 additional persons.
Obviously, any substantial increase in population must besupported with an expansion in the Shire's employment base.
This information is included to highlight that this activity is very much an integralcomponent of the Council's overall strategic direction for Bingara. The town'sfuture land expansion needs are not being met by the private sector.
At the moment there is no available and suitable vacant land to meet the demand.The Council has a waiting list of some 10 names waiting for the release of theland being purchased. The current anomaly between supply and demand isforcing up the value of land within the town of Bingara. The last vacant town blockto be sold went for $30 000 which was the direct result of the lack of land supply.
The Council does not intend to make any profit from the sale of the proposedblocks. The selling price will simply cover the purchase price and developmentcosts. It is anticipated that each block will sell for around $10 000.
Bingara has no publicly funded housing other than some independent units foraged residents. However the demographic profile of the area clearly highlights thelow socioeconomic character of the community.
Therefore it is extremely important that the cost of land is kept at an affordableamount to encourage private ownership where possible and/or private investmentin rental housing stock.
By keeping the cost of land reasonable the disadvantage of a relatively poorcapital growth is offset by the rate of return on investment that is available throughrenting.
Within rural areas this activity is a core local government activity to maintain theviability of our communities.
The delay in finalising this purchase is affecting the level of economic activitywithin Bingara.
Yours faithfully
Max EastcottActing General Manager
cc J Law Grey & PerkinsJ Williams Department of Lands
digFF: 04/0175
Department of Local Government OUR REFERENCE DTS: 968815 O'Keefe Avenue NOWRA NSW 2541 YOUR REFERENCE SF97/0668Locked Bag 3015 NOWRA NSW 2541 CONTACT Helen
Guerman0244284212
MsJLáwGray & IPerkins
DX 4311 Sydney
Dear Ms Law
I refer to your letter of 3 August 2004 providing further information in relation to theapplication by Gwydir Shire Council to acquire by compulsory process various lotsof Crown land in Bingara.
In your letter you have advised that the land in question is proposed to be acquiredfor re−sale for residential purposes. Section 188 of the Local Government Act 1993(the Act) states that land may not be acquired by compulsory process for thepurpose of re−sale without the approval of the owner of the land unless the landforms part of, or adjoins or lies in the vicinity of, other land acquired at the sametime for a purpose other than the purpose of re−sale.
In this regard, I have noted that the application is accompanied by a copy of aletter of 22 March 2004 from the Department of Lands on behalf of the Crown, theowner of the land, advising of Its agreement to accept $75,000 as compensationfor the land proposed to be acquired. However, It is unclear from that letterwhether or not the Department of Lands has been informed that the purpose of theacquisition is for re−sale. This is required under section 188 of the Act.
V also note section 186 of the Act empowers councils to acquire land for thepurpose of exercising any of its functions, being the functions conferred orimposed on It by or under the Act or any other Act or law. Councils' powers toacquire land by compulsory process do not extend to the compulsory acquisition ofland with a view to transferring the land to a third party for any purposeunconnected with the exercise of its functions. Any purported acquisition forpurposes outside of a council function is considered to be beyond power.
Accordingly, it is considered that a council may not use its powers of compulsoryacquisition simply to act as an agent between two other parties for the transfer ofland between those parties, as this Is not generally regarded as falling within thescope of local government functions.
Section 24 of the Local Government Act 1993 provides that "A council may providegoods, services and facilities, and cam, out activities, appropriate to the currentand future needs within its local community and of the wider public, subject to thisAct, the regulations and any other law."
02 4428 4100 02 4428 4199 [email protected] www.dlg.nsw.gov.au 99 567 863 195
2
While the Department has on previous occasions recommended to the Mihisterthe approval of compulsory acquisition of land solely for the purpose of residentialdevelopment and resale, it has only done so in very limited circumstances. Therelevant qualification hero is that the service provided must be able to beobjectively justifiable as appropriate to community needs.
The Department now seeks Council's comments on how it considers that thecompulsory acquisition of land in the circumstances is appropriate to thecommunity's needs, including details of such needs and how the proposedacquisition will meet those needs.
Yours sincerely
" O J
7#11
q / Gerry PayneDirector General
Land Administration & Management
File Property & Spatial Information
General Manager P 0 Box 388
Bingara Shire Council MPH. NSW 2400PEt 02 6752 5055P 0 Box 5
BINGARA NSW 2404FAX: 02 6752 1707
wwwAandsnswgov,au
Our Ref: ME 94 H 203Contact: John Williams
Dear Sir,
I refer to our recent phone conversation in regard to the proposed acquisition of Crown
r land in Bingara for residential development.
Approval in principal has now been given to Council acquiring all or any part o f thelands shown by red edge on the enclosed diagram subject to the payment ofcompensation.
It is noted that in 1994 Council opted to proceed with an acquisition in respect o f the 9available allotments in section 5 and the offer o f $36,000 was accepted by thisdepartment However, in view o f the age of the valuation, Council should arrange foranother and submit an offer to this office for consideration.
Yours sincerely,
Williamsr Manager North Westown Lands NSW, Moree
November, 2003.
_I\'U LANDS UNDER CONSIDERATION FOR ACQUISITION \ \BINGARA SHIRE COUNCIL DP 7548 19
FREEHOLD
VACANT CROWN LAND
312
LICENCE FOR GRAZING 3 0 6 0 9 0 Printed by: John WilliamsP 1 Date printed: 28/10/2003
RESERVE FOR PUBLIC BUILDINGS Metres
File: 5.074 G W D i R3 r d June 2005 S H I R E COUNCIL
Mr Eddy NeumannLevel 2525 Bligh Street,Sydney NSW 2000
Dear Sir
Nucoorilma Clan of the Gamilaaroy Aboriginal PeopleNC98/017 NC6106198
Thank you for the opportunity to discuss the above Claim and its impact uponsome of the towns and villages located within Gwydir Shire.
For some time the Council has been endeavouring to release more land for urbanuse within the Shire. This need is being driven by demand. However, the processhas stalled, especially within Bingara, due to the unresolved nature of yourClients' Native Title Claim.
The Council is seeking the concurrence of your Clients to the exclusion from theabove Claim of all lands located within the attached maps that may be subject tothe Claim.
The Council makes this request for the following reasons:
The lack of resolution to the Claim is hindering the expansion of thesevillages and towns;
2. A viable, economically healthy rural community is to the benefit of allthe residents of the area, including your Clients;
3. There is little likelihood of success of this Claim over any of the landshown on the attached maps due to a lack of continuing Aboriginalconnection with the land; and;
4. The former Bingara Shire Council (amalgamated to form part of GwydirShire Council on 17th March 2004) has been supportive in the pasttowards the establishment and maintenance of the Myall CreekMemorial Site.
Gwydir Shire Council will, of course, continue this current level of support to theMyall Creek Memorial Site and is willing to formally commit itself to this course aspart of a negotiated settlement of this matter.
G W Y D I R S H I R E C O U N C I l . ABN 11636419850eked Bag 5, Bingara N S W 2404 EMAIL m a 3 © g w y d i n n s w . g o v . a u WEBSITES wawgwydi rcountry .com o r w a w g w y d B local −e.nsw.gov.au
In addition, as an aid to the process of Reconciliation, the Council will negotiate aMemorandum of Understanding with your Clients outlining the mutually agreedmethod of formal consultation regarding the use and management of Councilcontrolled Crown Land located within the Shire.
Your Clients' consideration of this request would be appreciated greatly.
Yours sincerely
Mark CoultonMayor
Attachments Maps
PP 754851
/100
A D
D P 754819
P754853
38DOP 754851 P 754851
1 D P
754851 pP P 754851 DP 7485i 107
97 104DP 7 4 8 p −,
DP 85!196C
−E L C O M 8 1 DP 7 5 4 8 5 1
−
−− −−:
I
50
−
−
−' −
851100
20P94078
−• 7021
−,
−−
−
DP 754819
ISOim
D P 821231 fit
3307033
OP 71819
P
0P10
−
_
OP 7:537034
−
− −
DP37
− \−330
−− − − \ 0 • _
"S0 − S
− 0 • S _
•
S
7003 − .
I
−
' 1
−•
OP 130
−
− −DP 96135 0P754819
− I284
−7034
−
−0P754819Bingara
− PT147
OP 754819DP 754819
91 145
DP 754819K" 142DP 1052341− −
−−
0P821211
21− −
−. −
0P821211− • −
−−
Ordinary Meeting − 31 July 2008 Gwydir ShireCouncil
Item 9 Crown Land − Native Title
FILE REFERENCE
AUTHOR Environment and Social Services Director
DATE 24/07/2008
STAFF DISCLOSURE OF INTEREST Nil
IN BRIEF! SUMMARY RECOMMENDATION
At the October 2007 Ordinary Meeting of Council the Council made the followingresolution:
FURTHER that the staff prepare a report, including a risk assessment of otherpotentially similar claims, with a Shire Plan detailing all the Crown Land underCouncil's care control and management, which could be claimed under the StateNative Title Legislation.
(Note: The Council was advised that the last component of this resolution may takesome time to complete due to the current work load and the amount of detailedassessment required.)
BACKGROUND
The above resolution was passed in part because of the frustration and difficulties Councilhas experienced in its attempt to purchase land from the Crown in regard to Native Title.Therefore, the Council sort clarification as to what land under its control may be claimable.The answer to this is not so simple. One cannot be certain that a claim will not beforthcoming.
Before proceeding further it is perhaps appropriate to briefly explain the distinctionbetween the Aboriginal Land Rights Act, 1983 and the more recent Commonwealth NativeTitle Act, 1993 (and Native Title (New South Wales) Act, 1994). Whilst these pieces ofAboriginal land rights legislation are fundamentally quite different in nature and cameabout some 10 years apart they nevertheless do complement each other.
Firstly, the Commonwealth Native Title Act, 1993 and the complementary Native Title(New South Wales) Act, 1994 allow Aborigines the opportunity to have continuing commonlaw rights and interests in land still owned by the Government recognised. The full onus inproving these rights or interests, however, rests with the traditional Aboriginal owners.Applications under this legislation may be lodged by individual Aborigines, couples, familygroups, tribes, etc. who would seek to have their continuing rights or interests recognised(an example of this type of claim is the claim lodged by the Nucoorilma Clan of theGamilaaroy Aboriginal People which covers a large area to the east of Bingara, theFossickers Way, including Maitland Street in Bingara forms the western boundary of thisclaim). This legislation also provides a process for others wishing to validly deal withGovernment land to have continuing Aboriginal rights or interests/native title in landsidentified.
Secondly, and where continuing Aboriginal rights or interests/native title in Governmentland no longer exist, or where traditional Aboriginal owners are unable to prove these
This is page number 75 d
f f • •
2008.
Ordinary Meeting − 31 July 2008 Gwydir ShireCouncil
rights or interests, the option of lodging a land claim under the Aboriginal Land Rights Act,1983 remains. Under this legislation claims are for outright land ownership or title with noproof of continuing Aboriginal rights or interests required. Different to the native titlelegislation this type of claim may only be lodged by Aboriginal Land Councils constitutedunder that Act with land ownership or title only able to granted if the claimed land, at thetime of the claim, is Crown land administered under the Crown Lands Act and is not beinglawfully used or occupied or not needed as residential lands or for an essential publicpurpose. The full onus in investigating these claims, and all associated costs, rests withGovernment (an example of this type of claim is the claim lodged by the Moree AboriginalLand Council over Reserve R69856 for the Preservation of Native Flora and Fauna atWaria Ida).
Under the Aboriginal Land Rights Act 1983, vacant Crown land is at greatest risk of beingclaimed. Crown land that is lawfully used or occupied is unlikely to be successfullyclaimed. The more exclusive the right, the higher the potential for defending a claim.
Under the Commonwealth Native Title Act 1993 and the complementary Native Title (NewSouth Wales) Act 1994, native title can be taken to be extinguished in certaincircumstances where a prior use, tenure or Crown holding has been enacted. Thelegislation provides details on such acts.
Commons for example are another complexity, as they are managed under the CommonsManagement Act, and therefore this may not have been an extinguishing Act whichgranted exclusive possession, therefore native title may not have been extinguished underthe Commonwealth Native Title Act 1993 and the complementary Native Title (New SouthWales) Act 1994.
In an attempt to satisfy the council's resolution the Director of Social EnvironmentalServices has had two maps prepared which highlight the main land parcels around bothWarialda and Bingara under council's control which may be subject to land claims. Therewould be many other land parcels subject to potential claim (such as Travelling StockRoutes etc) however these are either not under council control, or, it is unlikely that councilwould be interested in obtaining any of this land in the foreseeable future.
As far as the risk of a claim being made, if the land is vacant Crown land then it is at highrisk of being successfully claimed.
COMMENT
Until a claim is made and resolved the status of Native Title on Crown Land is anunknown.
Council has a number of options available when dealing with Crown land, andsubsequently dealing with Native Title under the Commonwealth Native Title Act, 1993(and Native Title (New South Wales) Act, 1994). Compulsory acquisition is a suitablemethod of acquiring land for essential purposes. However the purchase of Crown land forre−sale to promote residential and commercial growth is best done by Private Treaty salein negotiation with the Department of Lands. A private treaty sale allows the Departmentof Lands to lodge a Non−Claimant Native Title Application to address any native titleinterest. This is being positively negotiated with the Lands Department and a resolution,satisfactory to Council is expected.
This is page number 76 of7ft ...
Council
To avoid claims under the Aboriginal Land Rights Act 1983, it would be necessary toensure Crown land is lawfully used and occupied in some manner. An example where thisis currently not the case, is the old archery range in Warialda, where the Licence to theArchery Club expired some years ago.
Department of Lands has indicated that it will assist in providing more detailed maps ofCrown land in the immediate vicinity of Warialda and Bingara, and in the processidentifying land that is of high risk or currently under claim under the Aboriginal LandRights Act 1983.
CONSULTATIONDiscussions have been held with representatives from the Lands Department.
STATUTORY ENVIRONMENTAboriginal Land Rights Act 1983Native Title Act '1993
OFFICER RECOMMENDATION
THAT the report be received and noted.
ATTACHMENTS
AT−1 Crown Land − Warialda 1 PageAT−2 Crown Land − Bingara 1 Page
MINUTE 155/08COUNCIL RESOLUTION:
THAT the report be received and noted.
(Moved Cr Clark, seconded Cr Tremain)
This is page number 77 of they r .
.
the ary 4109fingM/!"
2
Id July 31, 2008.
Ordinary Meeting − 31 July 2008 Attachment 1Crown Land − Native Title Crown Land − Warialda
41,
tu NI JkhlIi1 L I E UII LJI!jlI
Frz$−I
number 78 o f n s o f r d i n g h e I d . . J u l y 31, 2008.
Ordinary Meeting − 31 July 2008 At tachment 2Crown Land − Native Title Crown Land − Bin gara
−
....
− −
−
I−
− − 'I
r −−
ica
I
g ; LU
−r
••.'•
'III
" −
L . r
ii
::::: .number 79 of t h f 7 . . . i n o n July 31, 2008.
RESULTS OF SEARCH
Current Interest Search (As at 28Ih November 2008)
For Part Sections 5, 12 & 23 DP 758111, Town of Bingara(18 allotments in total):
The land shown by black hatching on Diagram "Y" includes Lots I to 4, 6 to 10 Section 5 DP758111; Lots 6 to 10 Section 12 DP 758111; and Lots 1,9 to 11 Section 23 DP 758111 as recordedin the Register under the Real Property Act 1900, held by the Department o f Lands, Sydney.
Gwydir Shire Council attempted to acquire these allotments under the Land Acquisition (Just TermsCompensation) Act 1991 by publishing a notice of compulsory acquisition of the land in the NSWGovernment Gazette on 14th May 2004.
The Gwydir Shire Council has subsequently applied to purchase these allotments by Private TreatySale.
The Gwydir Shire Council currently holds tenure over the Land identified in Schedule "A". Thistenure is in the form of a Department of Lands licence for investigation purposes (Account Number412702).
For Lots 336,337 & 338 DP 822887, Parish of Bingara:
The land shown by black hatching on Diagram "Y" includes Lots 336, 337 & 338 DP 822887 asrecorded in the Register under the Real Properly Act 1900, held by the Department o f Lands,Sydney.
Gwydir Shire Council attempted to acquire these allotments under the Land Acquisition (Just TermsCompensation) Act 1991 in 1993.
The Gwydir Shire Council has subsequently applied to purchase these allotments by Private TreatySale.
The Gwydir Shire Council currently holds tenure over the Land identified in Schedule "A". Thistenure is in the form o f a Department o f Lands licence for investigation purposes (Account Number412702).
Native Title Determination Application − Schedule C Annexure C6 Land Status Search Page 3 of 47
RESULTS OF SEARCH
Chronology of Crown Land Administration
For P a r t Sections 5 , 1 2 & 23 D P 758111, Town o f Bingara(18 allotments in total):
Date Action Crown Land Administration Subsequent Action Date Annex1852− Within the "Bingara Run" held under a sequence of pastoral leases between 1852 and1885 1885 when the division o f Pastoral Holdings was gazetted. On division o f the Pastoral
Holding, the land was contained in the "Resumed Area".
2 1.8.1874 Reservation Reserve 381 on Account for Gold and The town map o f Bingaraother Public Purposes. dated 15.8.1894, shows this
reserve revoked, howeverno gazettal date is listed.
9.2,1875 Reservation Partly Reserve 546 for Travelling Stock, Revoked 17.5.1902 ANX 19
12.3.1892 Proclamation Bingara Gold Fields Proclaimed Part Revocation 3.9.3913 ANX 20
22.12.1909 Reservation Reserve 1108 from Occupation under Revoked 14,12.1910 ANX 21Miners Right or Business Licence.
1910 Part Sections 5, 12 & 23, Town o f Bingara, were part of a large Crown residentialsubdivision carried out in 1910 for the purpose o f Auction. Several allotments withinthe subdivision were offered for purchase at times in later years, however there is onlyone record o f the lots the subject o f this report being released or set aside for disposal.
30.11.3930 Reservation Reserve 1165 from Occupation underMiners Right or Business Licence.
14,12.1910 Reservation Reserve 1169 from Occupation underMiners Right or Business Licence.
5.7.1911 Auction Sale Section 23 set for Auction Sale Vide Auction Sale did not ANX 22Gaz 10.5.1911 Fol 2529. proceed or lots not taken up.
1.10.1950 Permissive P 0 1950/2 for grazing purposes to Terminated 30.9.1962Occupation J.E.Boyle over Sections 5 & 12.
23.10.1957 Permissive P 0 1957/1 for grazing purposes to J. Terminated 22.10.1958Occupation Loneragan over Lot I Sections 23.
1.9,1967 Permissive P 0 1967/5 for grazing purposes to A.J. Terminated 3 3.8.1980Occupation Eather over Section 12.
1.9.1980 Permissive P 0 1980/5 for grazing purposes to A.J. Terminated 28.6,2004Occupation Eather over Lots 6−10 Section 12.
26.7.1993 Inquiry Bingara Shire Council lodge interest in Land in question being part ANX 23acquiring Crown land in Bingara. Sections 5,12 &23 (i.e. the
land subject to this search).
23.2.1998 Land Land Assessment o f Crown Land atAssessment Bingara completed.
14.5.2004 Gazettal Gwydir Shire Council published a notice ANX 24o f compulsory acquisition o f the land inthe NSW Government Gazette.
17.6.2004 Invoice issued to Gwydir Shire Council,for compulsory acquisition payment.
26,6.2008 Minute Departmental approval sought to pursue Proposal approved. 9.7.2008Completed Private Treaty Sale options and Native
Title non−claimant application.
6.8.2008 Application and payment received from ANX 25(1)Gwydir Shire Council to purchase ANX 25(2)Crown land by Private Treaty Sale. ANX 25(3)
ANX 25(4)ANX 25(5)
4.12.2008 Licence Licence 412702 issued by Department to ANX 26(l)Gwydir Shire Council.. ANX 26(2)
Native Title Determination Application − Schedule C Annexure C6 Land Status Search Page 4 of 47