CAR18/010 EUROBODALLA RECREATION AND OPEN SPACE STRATEGY 2018 My Name is Lei Parker and I am a resident of Tuross Head. I wish to draw Council’s attention to errors in the Recreation and Open Space Strategy 2018 before them. As the recommendation before you is that Council adopt the Recreation and Open Space Strategy 2018 and endorse the Action Plan I request that: - Council acknowledge and consider the errors that I present today - That Councillors advise staff to correct the errors that I present today prior to the ROSS being adopted.
The errors in the Strategy document that I request corrected are: 1. Council correct that Rln007 (above) to reflect that it is a Public Road Reserve and NOT Public Reserve. WHY? It is important that this document be legally correct. One of the consequences in Council having identified this land as Public Reserve is their erection of a sign (below) that says that there is to be NO DOG WALKING in this “reserve” where as, in fact, it is a Public Road Reserve and, as such, walking the dog on a lead is VERY MUCH permitted by the companion Animal Act.
An overly officious Council Ranger might, without knowledge of the error, issue a fine to a dog owner found to be walking his/her dog contrary to the sign. The same ranger might also wrongly interpret that dogs are NOT allowed on the adjacent beach and sand flats of Lavender Bay where in fact this area has no such limitations imposed and having a dog off lead below the highwater mark is permissible at it is the Tuross River, which is outside of the judiciary of Council and, while it is a Marine Park below the high water line, dogs are allowed without restriction. An overly keen ranger, attempting to enforce the “By Order of the General Manager” signs might also issue a directive (or ticket) to a driver who has parked adjacent to the illegally erected No Camping or Overnight Stay sign (above) By Law - A driver is able to USE their vehicle legally in a Public Road reserve. In New South Wales, sleeping in your car is perfectly legal. The NSW Local Government Act concludes that it is legal for someone to sleep or live in a vehicle on a street, so long as parking is permitted on that road. The Overnight Stay sign is NOT a warranted parking sign and has no warrant. The illegals sign is a ruse directed specifically to vans ad Grey Nomads. It is illegal and must be removed immediately. I invite Councillors to seek legal opinion regarding Section 632 of the Local Government if they wish staff to continue to erect these signs on Public Roads as they have done in Tuross Head.
632 Acting contrary to notices erected by councils
(1) A person who, in a public place within the area of a council, fails to comply with the
terms of a notice erected by the council is guilty of an offence.
Maximum penalty: 10 penalty units.
(2A) However, a notice:
(b) must not prohibit or regulate the taking of a vehicle into, or the driving, parking or use of any vehicle in, any public place that is a road or road related area within the meaning of the Road Transport (General) Act 2013
2. That Council correct the second error in the ROSS relevant to Tuross Head being the incorrect naming of the item RL038 stating it as being Kyla Park Reserve. It is NOT Kyla Park Reserve. I request that Council correctly rename it to Part Lot 77 DP 260321.
The reserve known as Kyla Park is ONLY the adjacent Lot 91 DP604795, as registered with the Geographical Names Board.
The SKY BLUE section (above) in the ROSS referred to as RL038 is Part of Lot 77 DP260321. Lot 77 DP260321 (including the Tuross Community Gardens) is covered separately by the Kyla Park Community Land - Plan of Management No. 27 and, as such, is NOT included in the reserve known as Kyla Park. RL038 is incorrectly named as Kyla Park Reserve and MUST be corrected. Planners PLEASE NOTE: There is NO Kyla Park Reserve. There is however a reserve known as Kyla Park. The official name of LOT 91 DP604795, as per the Geographical Names Board is Kyla Park Try as Council might - Kyla Park does NOT include the Tuross Head Community Gardens
ROSS Action: Develop a Master Plan for Kyla Park
All too often important and factual information is compromised by “Chinese whispers” in documents such as these and new staff, unknowingly perpetuate the errors to a point where they become the new truth. The issue around Lot 77 has come before Council before when Council unsuccessfully attempted to erect a shed on Lot 77 knowing full well that it had no authority to do so as Lot 77 was Categorised as an Area of Cultural Significance and did NOT allow the shed. Council bullishly began the shed project saying it would retrospectively re-categorise the southern part of Lot 77 DP 26032; from area of cultural significance to general community use; knowing full well that to recategorize the land would first require a PUBLIC Hearing with independent chair. In this chamber on June 28, 2016 Council was howled down by the Tuross Head community. In the end the shed was not built. I remind Councillors that there is unfinished from that meeting. The General Manager was directed by a motion to engage a consultant as an independent chairperson to hold a public hearing for the draft plans of management for Kyla Park. That directive has not been carried out.
I remind Councillors of the MINUTES OF THE ORDINARY COUNCIL MEETING OF EUROBODALLA SHIRE COUNCIL HELD ON TUESDAY 28 JUNE 2016
PSR16/022 DRAFT COMMUNITY LAND PLAN OF MANAGEMENT -
KYLA PARK File Ref: E98.2463
16/184 MOTION Councillor Pollock/Councillor Brice
1.The draft amended plans of management 26 -Kyla Park Community Land
–Foreshore Reserves, Parkland and Boat Ramp (2003) and 27 - Kyla Park Community Land - Areas of Cultural Significance (2003) to re-categorise the southern part of Lot 77 DP 260321 from area of cultural significance to general community use be endorsed for exhibition for a period of 28 days and that public submissions be received for a period of 42 days.
2.A consultant be engaged as an independent chairperson to hold a public hearing for the draft plans of management.
3.All submissions received by Council prior to the exhibition period and as part of the
exhibition period, be provided to the consultant for his consideration.
4.A further report be received following the receipt of the public hearing report from the
independent chairperson on the draft plans of management taking into account all
submissions that have been received prior to this process.
(The Motion on being put was declared CARRIED. Councillors Leslight and Innes voted against the Motion.)
As yet the General Manager, as directed by that motion in June 2016, has not engaged an independent chairperson to hold a public hearing for the draft plans of management.