Local Government Access Forum Tuesday 28 July 2009 Access over Crown Land.

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Presentation transcript:

Local Government Access Forum Tuesday 28 July 2009 Access over Crown Land

What is Crown Land? Crown Lands Act 1929 – “Crown land” All land of State except Freehold, leased, dedicated Crown Land Management Act 2009 – “unalienated Crown land” All land of State except Freehold, leased, dedicated and land owned or controlled by Minister or agency

What is not Crown land? Roads (made and unmade) Vested in fee simple under Local Government Act Parklands and dedicated reserves Dedicated under Crown Lands Act or freehold under Development Act National Parks & Forests Reserves Proclaimed under own legislation Schools & hospitals Dedicated or owned by Minister Beaches Below HWM vested freehold with Minister for Transport with care and control to Councils outside harbours

Waterfront Crown Land Waterfront reserve “150 link reserve” most of coast and River Murray waterfront unalienated Crown land often dedicated to Councils in urban areas sometimes licensed to adjoining owners in rural areas sometimes expanded by PLAF project

Access and the law Freehold Registered proprietor enforces proprietary rights - trespass Parklands and dedicated reserves Custodian applies own policies/bylaws National Parks & Forests Reserves Restrictions in legislation Beaches Council bylaws

Access and the law Crown Lands Act 1929 Offence to occupy Crown land without authority, except Merely traversing or temporarily camping is not occupying Other offences – erect buildings or structures, deposit materials, etc Penalty $100 plus cost of removal More offences Depasture cattle, remove timber, remove land marks, leave gates open Crown Land Management Act 2009 Occupy unalienated Crown land more than three weeks Drive vehicle off established road or track on unalienated Crown land Deposit litter or abandon property on unalienated Crown land Maximum penalty $20,000 Expiation fee $315 Custodian can request Minister to apply division to dedicated land

Crown Land Management Act 2009 Use existing DEH compliance regime Likely to be operational rather than “scattergun” approach Minister can appoint authorised officers By regulation prohibit, restrict or regulate access to Crown land Unalienated Crown Land Compliance

End Slide