2015-12-08 Planning and Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                            8 DECEMBER 2015


Photo A: Road No. 205 road reserve (unformed)




    As it would be a public road it could not be gated as is the case with the fire trail
     currently being used for vehicular access, it would also be highly visible from the
     Wilderness Track near the Third Cutting encouraging curious and adventurous
     motorists to use it.
    A new road access would result in construction costs, ongoing maintenance
     obligations for an additional 2.3 km of road reserve, and create ongoing land
     management issues for both Council and QPWS. In addition, previous problems with
     vandalism, safety and security at the landing ground would no doubt resurface as a
     result of highly visible and open accessibility to the site.

Alternative approach
It is evident that the 2006 proposal to create two separate lots could result in a less than
desirable outcome for all parties and an alternative approach needs to be considered.
    Section 31D of the Land Act 1994 provides that a trustee of a reserve may apply to the
     Minister to change the purpose for which the reserve is dedicated. Before applying, the
     trustee must give notice of the trustee’s intention to make the application to each
     person with a registered interest in the reserve, and to any other person who the
     trustee considers may have an interest in the reserve and the proposed change. The
     requirements of the Land Act S16 Deciding Appropriate Tenure must also be satisfied.
     Before allocating tenure the Chief Executive must evaluate the land taking into account
     State, regional and local planning strategies and policies and the objects of the Act.
    After exploring available options with DNRM officers, it is suggested that the most
     appropriate approach is to change the entire reserve purpose to “Open Space” as
     provided by Schedule 1 of the Land Act. DNRM advice at officer level is that this
     purpose would accommodate the existing secondary uses with “open space” being
     “land and/or water that has its surface area open to the sky and is totally or
     predominately undeveloped”.


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