Munro and Nean v Minister for Lands - EDO NSW

Munro and Nean v Minister for Lands

October 2009

Lyall Munro and Wayne Nean brought proceedings against the Minister for Lands for revoking the dedication of Taylor Oval Moree as an oval used for a public purpose under the Crown Lands Act. The applicants are Traditional Owners who are concerned about proposals to develop a culturally significant site to the Gomeroi people and also an important recreational facility in Moree. The challenge was based on the failure of the Minister to take into consideration the Lands assessment that found the highest and best use of Taylor Oval was for recreation and to follow other procedures required by the Crown Lands Act. The Crown Land Act Assessment Report concluded that Taylor Oval is "currently best suited to urban and non-urban recreation and community or public purposes". The ancillary Preferred Uses Report similarly concluded that Taylor Oval be retained as Crown Land reserved and dedicated for public recreation purposes.

The removal of the dedication was to facilitate the rezoning of Taylor Oval for the construction of a Big W and ultimately the lease or sale to Big W for that purpose. EDO NSW took on the case to ensure that proper processes are followed before crown land that is of significance to the local community is leased or sold for private purposes.

The applicants were successful in their action against the Minister for Lands, with the Minister agreeing he had failed to take into consideration the relevant assessments. The Minister for Lands therefore agreed to consent orders that restrain him from further revoking the public purpose dedication of Taylor Oval as gazetted.

Notice of Motion 

Amended Summons