2018-04-16 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                         16 APRIL 2018


Emergency access would also be contrary to the approved Rufous Street Master Plan which
envisaged vegetation being retained in this area as shown in Figure 5 below.




                                      Figure 5 Rufous St Master Plan

Council’s property section has also advised the following in respect to access across the reserve:
The Property Team would not support the use of a Recreational Reserve under the trustee of
Council for emergency access. The use of trust land should be for the benefit of the whole
community, and not for the benefit one person.
The landowner would require either a trustee lease or access easement over state land and as
such would be assessed against;
1.    The Land Act 1994
2.    Easement Policy – Easement PUX/901/527


The Land Act
The Trustee Lease/Permit in this case would not be appropriate or supported given the proposed
use is not consistent with the primary use of the trust land nor would it fulfil the criteria specified in
the State’s Operational Policy – Secondary use of Trustee land under the Land Act. Allocated
State land is granted or dedicated for a particular purpose and generally must be used for the
purpose which in this case is Recreation. For trust land (i.e. deeds of grant in trust and reserves),
in particular section 30 of the Land Act, requires the community purpose for which the trust land
was dedicated or the land was granted in trust is not diminished by granting inappropriate interests
over the trust land.



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