AFTER seeking legal advice, Coffs Harbour City Council has confirmed that a land rights claim sought by Council for ‘adverse possession’ of unoccupied lands near the Jetty Foreshores area cannot be made.

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Council resolved at its ordinary meeting on 27 August to seek legal opinion as to if Adverse Occupier title may apply to unoccupied lands east of the railway line and north of Marina Drive at Coffs Harbour Jetty Foreshores.

In particular, Council seeked to clarify if any of the subject land had been previously ‘dedicated under any act for a public purpose’.

The Council resolution was made following a notice of motion by Cr Paul Amos, where he argued that the land had been assumed by the community as being local, community land and that it had been used by the local community for purposes such as markets, informal parking and concerts for many decades.

Any resulting land claim by Council would have been on behalf of the Coffs Harbour community.

The lands are owned by the State Rail Authority of NSW and by the Crown, and are part of Crown Reserve.

Council is the Crown Land manager of parts of the Crown Reserve.

Legal advice was given to Council that ‘a claim for adverse possession cannot be made of land owned either by the Crown or the State Rail Authority of NSW’ under the Crown Land Management Act 2016, and the Real Property Act 1900.

These acts prevent claims for adverse possession being claimed or established against the Crown, or made against land owned by a statutory body representing the Crown, such as the State Rail Authority of NSW (SRA).

According to a Council report on the issue presented to Coffs Harbour City councillors at Council’s recent ordinary meeting on Thursday, 22 October, ‘Council holds licences from the Crown and the SRA in relation to parts of the land’.

“The issuing of licenses by the Crown and the SRA in respect of the Land is evidence that Council is not in adverse possession,” the report stated.

All councillors at the recent Council meeting unanimously voted to note the legal advice which concludes that a claim for adverse possession cannot be made of land owned either by the Crown or the State Rail Authority of NSW.

By Emma DARBIN