Our Court Case as reported in the Journal of the NSW Law Society

This excellent summary of our Court Case and its implications for Crown land in NSW appeared in the most recent journal of the NSW Law Society. For those interested in the protection of Crown Land in NSW read on.

• The NSW Land &Environment
Court has confirmed that land
can be said to be used for 
‘public recreation’ only if it is
open to the public as of right
and is not a source of private
profit.
• When adopting a plan of
management for land reserved
under the Crown Lands Act,
any uses to be permitted
on the Crown Reserve must
be permitted under, or in
connection with, the declared
purpose of the Crown Reserve.
• Where an additional purpose
is proposed to be adopted by
a plan of management, the
requirements of the Crown
Lands Act must be complied
with and all mandatory matters
must be given ‘genuine
consideration’ in an ‘active
intellectual process’.

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