Hi all,
It got me thinking and Mr Google was consulted on the CROWN LANDS issue.
I have copied some sections of the act which may be relevant to the current issue.
I will draw your attention to the last paragraph, Part 7 Division 5 Section 155(4). This may be worth putting away in the memory bank for the future.
It can be found here:-
http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type=act AND Year=1989 AND no=6&nohits=y
Crown Lands Act 1989 No 6
Current version for 1 November 2014 to date (accessed 4 September 2015 at 21:11)
Part 1Section 11
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10 Objects of Act
The objects of this Act are to ensure that Crown land is managed for the benefit of the people of New South Wales and in particular to provide for:
(a) a proper assessment of Crown land,
(b) the management of Crown land having regard to the principles of Crown land management contained in this Act,
(c) the proper development and conservation of Crown land having regard to those principles,
(d) the regulation of the conditions under which Crown land is permitted to be occupied, used, sold, leased, licensed or otherwise dealt with,
(e) the reservation or dedication of Crown land for public purposes and the management and use of the reserved or dedicated land, and
(f) the collection, recording and dissemination of information in relation to Crown land.
11 Principles of Crown land management
For the purposes of this Act, the principles of Crown land management are:
(a) that environmental protection principles be observed in relation to the management and administration of Crown land,
(b) that the natural resources of Crown land (including water, soil, flora, fauna and scenic quality) be conserved wherever possible,
(c) that public use and enjoyment of appropriate Crown land be encouraged,
(d) that, where appropriate, multiple use of Crown land be encouraged,
(e) that, where appropriate, Crown land should be used and managed in such a way that both the land and its resources are sustained in perpetuity, and
(f) that Crown land be occupied, used, sold, leased, licensed or otherwise dealt with in the best interests of the State consistent with the above principles.
Crown Lands Act 1989 No 6
Current version for 1 November 2014 to date (accessed 4 September 2015 at 21:20)
Part 7 Division 5 Section 155
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155 Offences on public land
(1) A person shall not, without lawful authority:
(a)
reside on public land,
(b)
erect a structure on public land,
(c) graze stock on public land,
(d) drive stock on public land,
(e) clear, dig up or cultivate public land,
(f) enclose public land (other than a road or watercourse to which section 63 applies),
(g) fail to pay any rent due and payable in respect of the enclosure of public land that is a road or watercourse,
(h) interfere with any substance, whether on or in, or forming part of, public land, or
(i) deposit or leave on public land:
(i) any rubbish, litter, refuse, dead animal, filth or other similar matter, or
(ii) any matter of a prescribed class or description, whether or not of a kind referred to in subparagraph (i),
except in a place or receptacle provided for the purpose.
Maximum penalty: 20 penalty units.
(2) A person shall not cause to be done anything that is prohibited by subsection (1) (b)(f), (h) or (i).
Maximum penalty: 20 penalty units.
(3) In proceedings for an offence under this section, the defendant has the onus of proving lawful authority in relation to the act or omission giving rise to the alleged offence.
(4)
It is a sufficient defence to a prosecution for an offence arising under subsection (1) (e) or (h) if the defendant establishes that the activity with which he or she is charged was carried out in the course of fossicking, as referred to in section 12 (1) of the Mining Act 1992.
this will be good for the area ,but the problem is they would have had teams of environmental "experts" do studies 8) in the lead up to construction and no doubt someone in a office somewhere will have come up with a list of environmental enhancements for the area to offset the earthworks for the bridge. I hope I am wrong but that's the way government bodies have to act to keep the greens happy.
