Management of reserves
Once created, a reserve is usually placed under the care, control and management of a management body, typically a state government department, local government or incorporated community group by way of a Management Order registered on the relevant CLT(s). A Management Order under the LAA provides for management of the reserve for the designated purpose but does not convey ownership of the land nor is it in an interest in the land. However, a management body may restrict entry onto the land in a reserve.
The Governor may appoint persons to form Boards to control and manage land that is reserved pursuant to the Parks and Reserves Act 1895.
Management Order conditions may range from specific land management restrictions to granting leasing powers. Ministerial consent is generally required for the grant of interests over reserves such as leases and mortgages.
Vesting Orders under the Land Act 1933 automatically became Management Orders under the LAA.
Management Orders may be issued subject to prior interests existing in the land. The Minister may only revoke Management Orders:
- with the agreement of the management body
- where there has been mismanagement of the reserve
- when it is in the public interest
- when the management body no longer exists
With the Minister’s approval, interests granted under a Management Order may survive revocation, with agreed variations.
At times, a reserve may have been created but has not been placed under the care, control and management of a management body. Such reserves are known as unmanaged reserves and remain under the administration of the Minister for Lands.
The Minister may grant leases for any term or condition over unmanaged reserves either for a purpose which is in accordance with the reserve purpose or for a purpose which is different to the reserve purpose but which is compatible with or ancillary to the current use or intended future use of that Crown land for the purpose or purposes of the unmanaged reserve.
The Minister may require a management body to prepare and submit for approval a suitable management plan in relation to reserved land. Such a plan should consider and detail any conservation, environmental or heritage issues relevant to the development, management or use of the reserve.
Management under other statutes
A number of statutes convey special management powers to body corporates created by Acts, relating to Crown land or reserves created under the LAA. Often those powers will include an ability to lease for particular purposes, but ownership is not conveyed and powers of disposal in fee simple are not included. The operation of these Acts is similar to the Management Order process under Part 4 of the LAA.
Examples include the Government Railways Act 1904, Marine and Harbours Act 1981, Port Authorities Act 1999, Aboriginal Affairs Planning Authority Act 1972, the Parks and Reserves Act 1895 and various tertiary education institution Acts.