A common dilemma facing the managers of public parks and reserves is whether to allow community groups or commercial firms to occupy public land, which is often prime real estate, in central and busy locations; and if so, on what terms.
The dilemma often surfaces in the form of questions like:
- “What proportion of the public reserve can be given over to an exclusive activity (such as footpath dining) without compromising public access to the rest?”; Or
- “How large a fee can be charged to the general public for a use before it becomes exclusive?”; Or
- “If a community group freely allows members of the public to join, is it a private or public organisation?”
In 1983-84 (as well as other times of course), the Melbourne Metropolitan Board of Works grappled with this question as it progressed the development of the metropolitan parks along the river valleys – Dandenong Creek, Yarra Valley, Maribyrnong River. This five-page draft policy fell off the back of a truck into PaRC’s hands. Appended to it is an extract from the earlier Board minutes leading to the draft policy.
During the 1990s the Department of Lands in Queensland also developed policy on the secondary use of what was there called “trust land”. The benchmark document was a kit for the trustees of reserved land, including analysis of the concepts of “commerciality” and “exclusivity”. A modern guideline drawing on these roots, and dated 24 April 2024, is entitled Guideline for State, Statutory Body and Local Government Trustees: Managing actions consistent and inconsistent with the purpose of trust land.
PaRC extends a warm invitation to all practitioners to submit examples of similar policies from their own jurisdiction for uploading here.