North Cronulla Precinct Committee Incorporated v Sutherland Shire Council [1999] NSWCA 438

Reported Decision : 107 LGERA 274

New South Wales Court of Appeal CITATION : North Cronulla Precinct Committee Incorporated v Sutherland Shire Council [1999] NSWCA 438 FILE NUMBER(S) : CA 40210/98 HEARING DATE(S) : 26/03/99 JUDGMENT DATE : 3 December 1999

PARTIES : North Cronulla Precinct Committee Incorporated Sutherland Shire Council JUDGMENT OF : Sheller JA at 1; Beazley JA at 15; Giles JA at 81

LOWER COURT JURISDICTION : Land & Environment Court LOWER COURT FILE NUMBER(S) : 40098/97 LOWER COURT JUDICIAL OFFICER : Pearlman J

COUNSEL : Appellant: T F Robertson Respondent: C W McElwen SOLICITORS : Appellants: Brock Partners, Sydney Respondent: Steven Berveling, Sutherland CATCHWORDS : Local Government Act; Land vested in council; Classification of land as 'public park' or 'public reserve'; required actions Local Government Act 1993 (NSW) ACTS CITED : Local Government Act 1919 (NSW) Suitors Fund Act 1951 (NSW) Randwick Municipal Council v Rutledge (1959) 102 CLR 54 CASES CITED: Shepperd v The Council of the Municipality of Ryde (Ryde Corporation) (1952) 85 CLR 1 Wotton v Wingecarribee Shire Council (1989) 68 LGRA 38 Canobolas Shire Council v Orange City Council (1969) 20 LGRA 147 DECISION : Appeal Allowed

THE SUPREME COURT

OF NEW SOUTH WALES

COURT OF APPEAL

CA 40210/98 LEC 40098/97

SHELLER JA BEAZLEY JA GILES JA

Friday, 3 December 1999

NORTH CRONULLA PRECINCT COMMITTEE INCORPORATED v SUTHERLAND SHIRE COUNCIL

FACTS

The land subject of the determination in this matter (the land) was vested in the Sutherland Shire Council (the council) and thereby classified as public land under the Local Government Act 1993 (the 1993 Act) which came into force on 1 July 1993 (the commencement date). Under the 1993 Act public land is classified as either 'community land' or 'operational land'. There are restrictions on the manner in which a council can deal with community land which do not apply if land is operational land. If land vested in a council was not classified as community land under Sch 7 Pt 2 cl 6(2), a council could, within one year of the commencement date, resolve to classify the land as either community or operational land. A public reserve is classified as community land under Sch 7 Pt 2 cl 6(2). A public reserve was defined to mean, inter alia, a 'public park'.