Revocation of Community Land (Nene Valley Waste Transfer Station)

The District Council of Grant is proposing to revoke the Community Land status of one parcel of land previously utilised as the Nene Valley Waste Transfer Station (pictured above):

• 687 Nene Valley Road, Kongorong (CL085)

Background

Community Land as a concept was introduced to create a system which protects the interests of the community in the land, for which Councils are custodians, for current and future generations and builds community consensus about the future management and use of such land. Essentially, under Chapter 11 of the Local Government Act 1999 (the Act), Community Land is land which is to be retained and managed for the benefit of the community. Councils as the owners and custodians of Community Land must use the land consistently with the purpose for which the land is dedicated, or has been determined to be used.

The Community Land classification affects the way in which Council can manage, use and deal with the land. This classification does not affect the ownership, tenure, development or zoning of the land. However, as long as the land is classified as Community Land, it cannot be sold or disposed of without meeting certain requirements, and following the process prescribed in the Act. Should a Council resolve to dispose of a parcel of Community Land, ordinarily it must first revoke the Community Land classification applying to the land in accordance with Section 194 of the Act .

The District Council of Grant has identified the Community Land at 687 Nene Valley Road, Kongorong to be inappropriately classified as Community Land given the nature of the location and seeks to have the status amended to Excluded Land accordingly. Council is not seeking to hand back the subject land to the Department for Environment and Water, or facilitate a private sale. Further details of this proposal can be found on page 6 of the Community Land Revocation Proposal Report.

Get involved

To enable Council to progress, it has been determined to commence the Community Land revocation process and seek community feedback on the proposal.

Read the Community Land Revocation Proposal Report and have your say by:

• completing the online feedback form
• emailing feedback to info@dcgrant.sa.gov.au
• submit a hard copy feedback form to:
  • Principal Office: 324 Commercial Street West, Mount Gambier
  • Port MacDonnell Community Complex: 5-7 Charles Street, Port MacDonnell
  • Post: PO Box 724, Mount Gambier SA 5290

Feedback will be accepted from Wednesday 19 July until 5:00pm Friday 11 August 2023.

Hard copies of the Community Land Revocation Proposal Report and feedback form are available at Council's Principal Office at 324 Commercial Street West, Mount Gambier and Port MacDonnell Community Complex at 5 Charles Street, Port MacDonnell.

Council staff are also available to speak to should any questions or concerns arise upon review of the proposal. Staff can be contacted at the Principal office on on (08) 8721 0444 or info@dcgrant.sa.gov.au.

What's next?

After consideration of submissions at the Ordinary Council Meeting on Monday 21 August 2023, Council shall either discontinue the revocation process or proceed to make an application to the Minister for Local Government for approval to revoke the community land classification applying to the subject land. If Council elects to proceed with the revocation, all public submissions received by Council will be forwarded to the Minister for consideration as part of the formal application.

In the event approval is granted by the Minister, Council may then resolve to revoke the classification of community land over the subject land.