The principles of Crown land management (in section 11 of the Crown Lands Act 1989) include: • that environmental protection principles be observed in relation to the management and
administration of Crown land, and
• that public use and enjoyment of appropriate Crown land be encouraged.
This chapter provides you with guidance on how to encourage public use of your reserve while ensuring the safety of visitors and without degrading the natural landscape in accordance with the above principles.
6.1
Who visits Crown reserves?
Crown reserves have been established for a broad range of purposes. This means there is an equally broad range of visitor profiles. Visitors might include:
• clubs (pony, pigeon, rugby league, cricket, etc) – members and supporters • shows – exhibitors, competitors and visitors
• caravan parks – residents and visitors
• public halls – function organisers, attendees, club members
• recreational facilities – general users of sportsgrounds, tennis and netball courts and other similar facilities
• cemeteries – visitors, families of the deceased
• conservation areas – walkers, riders, runners, flora and fauna carers.
These visitors have different expectations based on their needs and frequency of use. Generally, these expectations can be summarised as follows:
• safe, clean, well maintained facilities – roads, paths, fences, grounds, grandstands • access (where access is otherwise restricted) by particular visitors or groups of visitors
where agreement has been reached with the reserve trust • no conflicts over access with other users
• reasonable fees for access and services – where appropriate • prompt and polite responses to questions and concerns
• no interruptions to basic services such as electricity, water and sewerage • maintenance of the reserve to achieve its primary purpose.
Visitor expectations are an important consideration in developing your plan of management or other plans (see Chapter 5 for more information on plans of management). As users of the reserve and its facilities, visitors have a role in planning for its future. Including community members in the development of your plan of management or other plans will ensure that visitor expectations are addressed.
6.2
Visitor relationships
Word of mouth is a powerful way of getting a message to the local community that a reserve is being managed well and is worth visiting. Visitors can therefore generate good publicity if they have a positive experience visiting the reserve.
Visitors will provide positive feedback about their experience if their expectations are met. An important part of this is receiving good service from trust employees, contractors and trust board or corporate trust members. All reserve trust interactions with visitors should therefore be
undertaken in a positive manner, focusing on the impression the visitor will take away from the experience.
6.3
Visitor rights and restrictions
Although it is important to remember that visitors represent the wider community and have certain rights of access to reserves, there are also some restrictions that exist to protect both the visitor and the reserve.
Rights and responsibilities
Generally, the public has right of access to many types of reserve, particularly reserves for public recreation. There are exceptions to this rule where a reserve has been set aside for a specific purpose, such as a fire station or hospital, or if access is restricted for health and safety reasons.
Visitors should use reserves in accordance with generally accepted standards of behaviour. Any activities should be safe and socially acceptable and be conducted in a way that does not affect other users of the reserve.
Any activities should also be in line with the notified reserve purpose and should comply with all relevant policies and protocols. For example, a motor rally in an environmentally sensitive area would most likely be unacceptable.
Restrictions
Reserve trusts are empowered to enforce by-laws and regulations within the reserve. Speed limits, noise restrictions, property protection and the like can be enforced on reserve trust property. In addition, commercial operators such as ice cream vendors, commercial tours and surf schools require a licence to enter and use reserves.
To support this role, reserve trusts should ensure there is clear signage or other action regarding restrictions, such as speed limit signs and speed bumps. Visitors are then aware of the
restrictions that apply to their use of the reserve. Maintaining good working relationships with the local police and council rangers will also help you when enforcing relevant restrictions.
6.4
Managing visitor access and behaviour
Reserve trusts have the authority to manage behaviour and access in order to protect the reserve. This includes enforcing the laws and by-laws which apply to the reserve.
Section 124 of the Crown Lands Act provides that a member of the trust board or a ranger or other employee authorised by a reserve trust can remove a person from the reserve if they are:
• breaching a by-law that applies to the reserve
• engaging in disorderly conduct which is causing annoyance or inconvenience to other people using the reserve (including affecting their ability to enter or leave the reserve). Section 124 specifically authorises that a member of the police force may be called in to assist.
Situations that may require management include: • illegal car races
• bonfires – particularly in environmentally sensitive areas or during fire bans • damage to reserve trust property
• trail-bike riding
• removal of native flora or fauna • dumping of rubbish
• building of unauthorised structures
• residing or camping illegally on the reserve • grazing stock
• removal of warning signs or other signage.
It is also important to educate the local community about what is and what is not allowed within the reserve. Although a certain number of incidents will still occur, there will be fewer breaches due to lack of awareness of acceptable behaviour. This education process could be conducted through advertising in the local media, issuing a media release or increasing the visibility of signage in the reserve.
Appropriate signage, including copies of by-laws if applicable, must be displayed in prominent locations.
Compliance
Reserve trust managers and employees should only take a direct role in ensuring compliance where they would be in no personal danger. Where they believe that their safety may be threatened, relevant details should be noted (e.g. licence plate, descriptions of offenders) and the local police contacted for assistance.
Penalty notices
Members of a trust board or nominated employees can be trained and accredited to issue penalty notices under the Crown Lands Regulation 2006 and the Crown Lands (General Reserves) By-law 2006. They must also be appointed officers under section153 of the Crown Lands Act 1989. Penalty notices are, in effect, on-the-spot fines, which can be issued for breach of a list of offences specified in the Regulation and the By-law.
If your reserve wishes to be able to issue penalty notices, you should contact the Crown Lands Reserves Team to organise the necessary training and accreditation. More information in regard to becoming an authorised person can also be found at:
http://www.lpma.nsw.gov.au/trusts/trust_managers/management_and_enforcement
Graffiti
The Graffiti Control Act 2008 provides that a local council may, without the agreement of the owner or occupier of any land, carry out graffiti removal work on that land if the graffiti concerned is visible from a public place (the definition of which includes a Crown reserve). The graffiti removal work may only be carried out from a public place. The local council concerned is to bear the cost of graffiti removal work and must, within a reasonable period, give the owner or occupier of the land concerned written notice that the work has occurred. A local council must pay
compensation for any damage it may cause in carrying out the graffiti removal. The Graffiti Control Act 2008 can be viewed at www.legislation.nsw.gov.au
6.5
Equal provision of services and access for all visitors
Reserve trusts should ensure that the services, facilities and general access arrangements it provides are designed as far as possible to cater for all types of visitors, including those who may have an impairment or disability.
The Building Code of Australia provides requirements for access to physical infrastructure such as buildings, walkways, toilets, etc., including for persons with an impairment or disability. Generally these requirements refer to the design standards in the Australian Standards. Reserve trusts should be aware that any person may take action under the (Commonwealth) Disability Discrimination Act 1992 if they feel they have been treated less fairly than people without a disability.
For more information on this and other legislation, and on discrimination generally refer to: • the Australian Human Rights and Equal Opportunities Commission
www.humanrights.gov.au/
• the Anti-Discrimination Board, NSW:
www.antidiscrimination.lawlink.nsw.gov.au/
Refer also to Chapter 16 regarding action generally to avoid discrimination.
The NSW Public Service Commission has information on workplace adjustments that can be made to cater for people with a disability. This can also be a useful guide to help reserve trust managers meet the needs generally of visitors with a disability. Refer to:
www.psc.nsw.gov.au/Sector-Support/Equity-and-Diversity/People-with-a-disability www.psc.nsw.gov.au/Sector-Support/Equity-and-Diversity/People-with-a-
disability/Supporting-employees-with-a-disability/Work-related-adjustments
Regulatory requirements
• Crown Lands Act 1989
• Crown Lands Regulation 2006
• Crown Lands (General Reserves) By-law 2006 • (Commonwealth) Disability Discrimination Act 1992
Further guidance
• State legislation (e.g. Acts and Regulations) relating to reserve trusts, including the Crown Lands Act 1989, can be found at:
www.legislation.nsw.gov.au
• Crown Lands Policy for Tourist & Associated Facilities on Crown Land (June 2007):
www.lpma.nsw.gov.au/__data/assets/pdf_file/0003/48423/Tourist_Facility_policy.pdf
• The use of Crown Reserves for Operating Caravan Parks and Camping Grounds (April 2010):
www.lpma.nsw.gov.au/__data/assets/pdf_file/0010/123994/LPMA_position_paper_on_Cr own_Caravan_Parks_July_2010.pdf
SEINS policy and procedures for Reserve Trust and Reserve Trust Employees
• Food and Beverage Outlets on Crown Reserves (December 2004):
www.lpma.nsw.gov.au/__data/assets/pdf_file/0020/25634/POLICYFoodandBeverageOut lets.pdf
• Standards Australia (for access to published Australian Standards):
www.standards.org.au/
___________________________________________________________________ Revisions to this chapter
No. Revision Date
1 Update of management and enforcement content August 2014
2 3