Reserve sits just next to Balmoral Beach
Mosman Council has objected to a land claim over Lawry Plunkett Reserve, and is awaiting notice about other potential land claims in the area.
The NSW Aboriginal Land Council (ALC) made a claim over the reserve, which is Crown land, in 2009. Access to the reserve is from The Esplanade at Balmoral and Plunkett Road. The NSW Department of Planning and Environment and other State authorities are now assessing the claim by contacting relevant parties, including council.
Council manages the land on behalf of the Crown, which was dedicated as a ‘public recreation’ area in 1934. An old tramway once went through the site until 1958, but the area was reclaimed and is now an established rainforest with unpaved walkways. It is identified with signage as a site of Aboriginal heritage. There has been no information provided on how the site would be used if the claim was successful. Council’s manager governance said in their report to council that if the land claim was successful, the ALC would be granted the land as freehold title, and it would have the protections of its zoning as ‘littoral rainforest’.
While the State Government contacts relevant authorities about land claims, it only seeks input on whether the land was ‘lawfully occupied,’ with opinions irrelevant to the claim.
Council assessed the claim at a September meeting, and firmly stated its objection, also saying there was “evidence to suggest the land as at the date of the claim has been lawfully used and is required for an essential public purpose, and therefore could in no way be considered to be claimable Crown land”. The manager governance stated in their report that evidence showed the land had been used for bush restoration and ‘various recreational uses by the public’.
A council spokeswoman told North Shore Living that ‘detailed information’ relating to council’s care and management of the land will be made to the Aboriginal Land Claim Assessment Team. Further, the council said no ‘definitive time frame’ had been provided by the team.
Council is also seeking details of any other land claims in Mosman from the office of the Registrar of the Aboriginal Land Rights Act.