FAQs

Existing leases and licences on Council-managed Crown land remain in force.

This Plan of Management expressly authorises the renewal and/or issue of new leases, licences and other estates, over any parcel of “Community” land to which this plan applies, for the purpose for which that land was being used at the date of commencement of this Plan of Management, or for any other purpose authorised under this Plan of Management.

Whilst the Reserve Information Sheets provide an indication of the current leases, licences and other estates that apply to the land, the changing nature of these agreements means that others may also apply at any set period of time.

Leases, licences or similar arrangements must comply with the following criteria:

• Kempsey Shire Council is the appointed Council Crown land manager of that reserve
• the purpose is consistent with, and the issue of the lease, licence or other estate will not materially harm the use of the land for, any of the purposes for which it was dedicated or reserved
• the purpose is consistent with the core objectives for the category of the land
• the lease, licence or other estate is for a permitted purpose listed in Section 46 of the Local Government Act 1993 and/or Part 4 Division 3 of the Local Government Regulation 2021
• the issue of the lease, licence or other estate and the provisions of the lease, licence or other estate can be validated by the provisions of the Native Title Act 1993. Crown land that is not excluded land requires written advice from one of Council’s native title managers regarding compliance with any applicable provisions of the native title legislation in accordance with Section 8.7 of the Crown Land Management Act 2016
• where the land is subject to a claim under the Aboriginal Land Rights Act 1983, the issue of any lease, licence or other estate will not prevent the land from being transferred in the event the claim is granted
• the lease, licence or other estate is granted and notified in accordance with the provisions of the Local Government Act 1993 and/or the Local Government (General) Regulation 2021.

Council is aware that there is significant interest in the reserve at Crescent Head and the ongoing use as a golf course. This document acknowledges the presence of the golf course within the Crescent Head reserve and the lease held by the Crescent Head Country Club.   Once adopted, the Plan of Management will allow Council to consider lease or licence applications on Council-managed Crown Land. Before awarding a new lease on this reserve, Council intends to undertake further community engagement.