CROWN LAND, ACQUISITION DEVELOPMENT AND PLANNING Dr Leonie Kelleher OAM
Overview Introduction Crown land Planning KA Cases Consents Twists Curiosities Conclusions
Introduction Principles - Sovereign - Private property Two Consent Prongs Crown Land Commonwealth/State Reserved Planning Zones Overlay
Crown Sovereign Commonwealth/ State Legislation Consent Revocation Elaborate Crown Land (Reserves) Act Coastal Management Act Mining legislation Reserved - purpose Consent Use and development approval Committee of Management/ Minister Leases, licences, agreements Policy eg Victorian Coastal Strategy Revocation Eg Metro Tunnel
Planning Zones Overlay Public Parks and Recreation (PPRZ) Public Use (PUZ) 7 categories eg Education, Transport Public Conservation and Resources (PCRZ) Road Zone (RDZ) Overlay Public Acquisition (PAO)
Zones Overview Purpose Key concepts Consents Public recreation/open space PPRZ Conserve natural environment PCRZ Public utility & community services PUZ Significant roads RDZ Key concepts ‘conducted by or on behalf of public land manager’ ‘associated with’ the public land use Consents To application - Public land manager Cf ‘comment’ Cf ‘as of right’
Cases ‘As of right’ Technicalities Constructing authority NOT ‘public land manager’ ‘care and management’ Technicalities Fraught Café ‘endorsed’ NOT ‘by or on behalf’ of No ‘care and management’ by café ‘Endorsement’ cf ‘by or on behalf’
PAO Rules Effect on purpose Schedule Purpose Acquiring Authority exempt ‘spoil or wasted’ Authority or council consult consistent with purpose Effect on purpose Strategic justification Certainty Land reasonably necessary
Cases Principles Purpose Watercourse Public need Boundary Bed & banks Natural flow
Case: Planning and Reservation ‘associated’ with public use Reservation ‘Protection of the coastline’ LCC ‘Pop up bar’ VCAT Not ultra vires PPRZ controls ‘associated’ - planning
Case: Planning and Reservation Coastal Zone VCAT ‘Frozen’: Blight Exempted standard process
Case: Reservation and Other Law Coastal Government road Access Native title
Case: Reservation and Other Law Liquor Act Planning compliance mandatory Licence condition Overlap - Government review Commission reluctance
Case: Reservation and Other Law Forest Government road Access to private land Consents
Other: Restriction cf Acquisition De facto acquisition Gain property right NOT remove property right Cf US ALRC report Eg farmers and clearing Growth Area Conservation
Other: Taxation Old surveying ‘errors’ ‘add’ Capital Gains Tax? Confirm no benefit or detriment ? Slips & slivers ? Adverse possession
Other: Heritage 1st Gold Commissioners Camp, Ballarat Location Urquhart Lake Wendouree Found!
Conclusion Crown land is tricky Extra consents Planning and other legislation Watercourses Reservation Purpose Get gazettal Fascinating conundrums