2020-01-13 GC Agenda - Item 6 - Attachment 1 - Noosa District Sports Complex Master Plan

 Facility/                 Photos
 Infrastructure




3.2      Site Details
The total 33ha site is made up of two separate parcels of land: 31 Butler Street and Read Park. Both parcels
are Crown Land, designated as Reserve for Recreation under control of Noosa Council as Trustee.

Table 2: Property Details
 Property Description              Ownership | Tenure                Current Use                 Land Area (ha)
 Lot 372 on MCH3843                State of Queensland               Cricket, netball, tennis,                    29.8
 31 Butler Street,                 Reserve – Council as              rugby league, touch,
 Tewantin                          Trustee                           softball, pony club
 Lot 14 on SP295888                State of Queensland               Cricket                                       3.2
 Read Park, 2 Poinciana            Reserve – Council as
 Ave, Tewantin                     Trustee

      3.2.1   Native Title

The Kabi Kabi First Nations People are the registered native title claimants for the Noosa Shire area. It is
anticipated that the Federal Court of Australia will make a consent determination over Kabi Kabi First Nation
traditional lands in 2020. This determination will set out the rights and interests with respect to individual land
parcels within the Kabi Kabi claim area in Noosa Shire and surrounding local government areas.
Native title rights and interests have been wholly extinguished to the majority of the Noosa District Sports
Complex (Lot 372 on MCH3843) reserve parcel (28.472 ha of a total land area of 29.8 ha), due to the granting
of a trustee lease in September 1986.
Non-exclusive native title rights and interests continue to exist over Read Park and within the small balance
area of the reserve (1.328 ha comprising vegetated land east of the rugby league and touch fields); these areas
will form part of the pending native title determination. This means that in terms of the proposed consent
determination and draft Indigenous Land Use Agreement (‘ILUA’) in progress, native title rights and interests
will continue to coexist with Council’s rights and interests in these areas as native title has not been
extinguished.
The effect of this 'non-extinguishment' depends on the nature and scale of any future works proposed within
this balance reserve area. Minor works consistent with the purpose of the reserve that have no greater impact
on continuing native title rights and interests can be progressed. Major works within this balance area including
tree clearing is subject to notification processes and native title clearance under the Native Title Act 1993
(Cth). In respect of the developed areas of Read Park (Lot 14 on SP295888), Council may be able to
demonstrate that these works (construction of cricket oval) has extinguished native title over the developed
areas of this lot.




Noosa Council  Noosa District Sports Complex Master Plan 2020-2030  Final                                       Page 13