FREQUENTLY ASKED QUESTIONS - DUNGOG COMMON

APRIL 2022

Who is the Dungog Common Recreation Reserve Land Manager Board (DCRRLMB) and what is its role?

  • DCRRLMB is appointed by the Minister for Lands and is responsible for the care, control and management of the Dungog Recreation Reserve on behalf of the people of NSW.

See the Government Gazettal of the appointment of the current Board Government Gazette No 66 of Friday 25 February 2022

Why doesn’t Dungog Shire Council currently have a representative on the Board?

  • Council prefers not to participate at this stage as it sees a conflict of interest in attending DCRRLMB meetings until such time as a current Development Application (DA) is finalised.

Will there also be a Community Advisory Group?

  • Yes. Following the selection process undertaken for the Board several applicants were identified as suitable to sit on the Community Advisory Group. The Minister has already approved these members. The Board has determined further skills are required on the Community Advisory Group with applications being sought from other interested people in the near future.

How will the community know what happens at Board meetings? Will meetings be recorded and minutes shared?

  • The Board aims to keep the local community updated and aware of any changes happening at the Common, and those proposed by the NSW Government, over the next few years. This FAQ has been generated to address current questions and concerns and you can also refer to DPIE Fact Sheet.

  • As the Board does not have the facilities nor resources to record meetings, a regular newsletter is planned along with ongoing updates to this website.

  • Communications strategy – the Board welcomes your feedback and input about Dungog Common. This will be coordinated through the Community Advisory Group. You can also email DCRRLMB Chair Lee Shearer at chair@dungogcommon.org.

  • The Board has also identified the need to improve each-way communication and external professional assistance will be engaged to support this key objective.

Does Karuah Local Aboriginal Land Council (KLAC) now own the Reserve?

  • No.

Are we still allowed to use the Dungog Recreation Reserve?

  • The community’s access and ability to use the Reserve remains the same and is unchanged.

What happens in five years?

  • The Reserve will continue to be jointly managed by representatives from across the community, KLALC, and Council. The majority of the Common is currently zoned for the purposes of environmental protection and recreation (E3) and the agreement entered into with KLALC doesn’t impact the activities allowed on the Common in any way.

  • If KLALC chooses to exercise its right to sell the Common (in any part or as a whole) in the future, it has agreed the NSW Government will have first right of refusal to purchase any land that forms the Common.

When can new mountain bike tracks be constructed?

  • Recently the Crown (as owner of the Dungog Recreation Reserve) provided the Dungog Shire Council with landowner consent for the development application for the flow tracks.

    This is one of the matters that were outstanding and prohibited Dungog Shire Council moving forward with the application.

    There are a number of technical reports that Council require under the various pieces of planning legislation that the Board is required to supply. We are moving forward on securing those reports and will provide them to Dungog Shire Council at the earliest opportunity.

    Until these are provided Dungog Shire Council cannot progress the development application.

Why is the DA taking so long?

  • There are a number of technical reports that Council require under the various pieces of planning legislation that the Board is required to supply. We are moving forward on securing those reports and will provide them to Dungog Shire Council at the earliest opportunity. Until these are provided Dungog Shire Council cannot progress the development application.

  • Before the DA can be finalised by council the issue will also need to wait on resolution regarding native title. The Board has engaged a legal firm to assist with resolving the native title claim through the Federal Court.

What is native title and what does it mean?

  • Native title is the name Australian law gives to the traditional ownership of land and waters that have always belonged to Aboriginal people according to their traditions, laws, and customs.

  • The Commonwealth Native Title Act 1993 (NT Act) sets out how native title rights are to be recognised and protected. Native title legislation is about recognising Aboriginal peoples’ connection and existing rights to land and water.

  • Native title might exist on Dungog Common crown reserve. Where it does, the basis on which the reserve was established remains valid. The use of the reserve for the specified reserve purpose takes precedence over any native title rights that may exist on the land after its reservation and the establishment of the Dungog Common Crown Land Manager.

  • This means that if Crown land is reserved as a park, beach or nature reserve, and the public has the right to access this land, this right cannot be taken away by native title.

  • Native title would be non-exclusive, meaning that existing uses will continue alongside activities permitted by native title holders (such as hunting, cultural events, camping).

Is there a timeline for the process?

  • Native title matters are determined by the Federal Court. There is no timeline available at this stage. We will provide updates on any significant developments through this website and newsletter.

Did the Land Claim come about because of the construction of the Flow Tracks?

  • No, there were pre-existing land claims over the Dungog Recreation Reserve.

What is happening with the existing tracks?

  • At its meeting on 10 March 2022, the Board approved to repair the bike flow tracks. Crown Lands is making available the necessary money to repair these tracks over the next few months.

What is your plan for managing the grass growth, which is currently being managed by volunteers with their own equipment and their own fuel?

  • The Board is considering a range of options including the purchase of equipment, slashing, cool burning and cattle grazing.

Who cleans the amenities?

  • The cleaners of the amenities are engaged by the DCRRLMB and complete regular cleaning on the site.

Is there a budget to assist with the management of the Common?

  • No. Crown Lands only provides project development and bush regeneration funding. Funds to meet operating and maintenance costs need to be raised by the Board via donations and other money received from the community.

What role does Landcare play?

  • The role of Landcare (Dungog Commoners Landcare) is unchanged. Dungog Commoners Landcare has the aim to protect and preserve the Dungog Common habitat through weed removal, erosion control, and revegetation. Landcare has a memorandum of understanding (MOU) with the DCRRLMB and that process works well. See further information on the Dungog Commoners Landcare.

Does Ride Dungog have a licence to operate on the Common?

  • The Ride Dungog licence has been extended from 26 January 2022 so they can continue to run events at the Common and assist in bike track maintenance.

What is the process for other groups to have a licence?

  • Any other groups or people wishing to hold events at the Common also need to apply for a licence. The application form is available on this link.