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

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

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

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

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. Unalienated Crown Land Compliance • 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

  8. End Slide

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