Plan of Management for Community Land
July 2017

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Cover of 10 Year Works Program 2016-2015

Introduction

What is a plan of management?

A plan of management (POM) provides a framework for the management and development of public land. It establishes directions for planning, resource management and maintenance.

The Local Government Act 1993 (LG Act) requires Council to have a POM in place for all public land that is classified ‘community land’. This is to ensure that the operation and development of these community resources is guided by a framework that is considered by the community and formally adopted by the Council.

All land included in this generic plan of management is community land.

What is community land?

The LG Act defines that all land in the ownership of Council is classified as either ‘community’ or ‘operational’. The default classification is ‘community’.

The ‘community’ and ‘operational’ and classifications are not specifically defined in the LG Act. However, for the purposes this POM, the following general definitions apply:

  • Community land is characterised as being land that:
    1. is retained for community use;
    2. cannot be sold (except under limited circumstances outlined in section 45(4) of the LG Act);
    3. cannot be leased/licenced for more than 21 years (section 46(3) of the LG Act);
    4. cannot be leased for more than 5 years unless public notice is given (sections 47 & 47A of the LG Act)
    5. can only be used for purposes which are consistent with a POM (section 35 of the LG Act).
  • Operational land is owned by Council and classified as such in accordance with the requirements of the LG Act.

Land classified as operational land is usually not intended for use by the general public. It may include land held by Council as a temporary asset or as an investment, land that facilitates the carrying out by Council of its functions or land that may not be open to the general public.

Council is able to deal with such land without restrictions under the LG Act. That is, Council may deal with operational land in the same manner as any other person may deal with private freehold land.

Land covered by this plan

There are approximately 116.7 hectares of community land in the Kempsey Shire. This POM covers all community land at the time of adoption as listed in Schedule 1 (excluding those referred to in section 1.4 of this plan).

The provisions of this plan do not apply to:

  • operational land 
  • Crown land (managed by Council or devolved to Council)  
  • land leased by Council.