Dear Mr Reyburn
Thank you for your letter dated 15 October 1992 regarding the
Mabo decision.
First, all of Council's come from statutes. These specify in
detail what Council is empowered to do. Unless Council is
specifically empowered in a certain area of activity it has no
power in that area and cannot act in any way.
As far as land ownership is concerned, Council must follow the
provisions of the Local Government Act 1919 and Environmental
Planning and Assessment Act 1979. Unless these Acts are
changed Council is not empowered to take into consideration
matters outside its jurisdiction.
Notwithstanding the abovementioned comments, Council's
rezoning plans do not relate to land title. They relate to the
use to which land can be put irrespective of who the owner is.
All people, whether they own land or not, have the right to
make submissions to Council in relation to the use of land.
all submissions must be taken into consideration in Council's
deliberations.
Second, Council has no power to issue land title nor to
recognise one title over another. The State Registrar General
registers and issues land title and land title ownership is
determined by him.
It is Council's understanding that local Aboriginal Land
Councils can apply for ownership only of unused Crown land.
There is no Crown land within the boundaries of the Sandon
Point Local Environmental Study area.
Whilst I recognise your frustration over this matter, I am
confident that the above information will provide you with
sufficient insight into Council's legislative influence to
suggest that Council is without powers to aid you in this
issue.
Yours sincerely
D A Campbell
Lord Mayor
City of Wollongong
5 November 1992