AGY-5178 | Bourke Land Board Office

Full description

Bourke Land Board was established by proclamation in the New South Wales Government Gazette on 1 January 1885. (1) George C. Tompson was appointed Member and Chairman of the Local Land Boards for the Land Districts of Bourke, Brewarrina, Brewarrina East, Cobar, and Cobar East with Head-office at Bourke. (2) Major Lackey was appointed Clerk in Charge of the Local Land Board Office, Bourke on 1 January 1885. (3)

The system of Local Land Boards was established by the Crown Lands Act of 1884 (48 Vic. No.18, 1884). Under this Act, Local Land Boards were to be created for every Land District or for several Land Districts. Each Board was to consist of a maximum of three members appointed by the Governor, and was to have a chairman and two members. (4)

Local Land Boards were established as community based tribunals for the purpose of resolving disputes in relation to land settlement in New South Wales. Over the years, the role of the boards has broadened and currently they have jurisdiction under various Acts of Parliament. Even though Local Land Boards have the power to deal with matters under other Acts, the boards’ constitution, primary jurisdiction, powers and procedures, arise under provisions contained in the Crown Lands Act 1989, and the Western Lands Act 1901. (5)

A Local Land Board sat as a dispute resolution tribunal and conducted hearings in relation to a variety of matters which came before it. The main Acts under which the boards were most often called on to conduct hearings were the Dividing Fences Act 1991, Roads Act 1993, Water Act 1912, Commons Management Act 1989 and the Rural Lands Protection Act 1998. (6)

A Local Land Board was able to conduct hearings, public inquiries, receive appeals and settle disputes. Some of the matters that the board dealt with were:
• receiving appeals about ministerial decisions relating to rents, leases, licenses or permits of Crown land
• settling disputes and claims concerning the fencing of land in the western division
• disputes between neighbours in relation to a common boundary fence
• conducting public inquiries into proposed openings and closures of roads
• public inquiries into the construction of water supply schemes, artesian bores or drainage schemes
• appeals against Rural Lands Protection Boards regarding carrying capacity decisions
• inquiries into complaints about the management of commons. (7)

There are three ways a matter could be brought before a Local Land Board. These were:
1. matters may be referred to a board by a Minister
2. individuals may apply for a matter to be heard by a board
3. individuals can bring a matter before a board by lodging an appeal. (8)

Anyone appearing before a Local Land Board could be represented by a lawyer or an agent or they could appear on their own behalf. If at any time during the proceeding, a party felt that they needed representation, they were entitled to seek an adjournment for that purpose. Local Land Boards had the power to make an order for costs in the proceedings. (9)

Under Schedule 2 of the Crown Lands Act 1989 a board sat as a tribunal in open court and adopted similar procedures to a local court. A Local Land Board however was not bound by the rules of evidence which made the proceedings more flexible. Witnesses could be called and/or summoned to attend, to give evidence on oath, or by taking an affirmation and could be cross-examined by the board and the other people involved in the proceedings. Witnesses could be required by the board to produce any document in their possession or control that related to the matter .(10)

A member of the board had the power to issue a summons and could enforce the attendance of a witness who has been served with a summons by the board issuing a warrant. Matters could be adjourned by the Chairman of the board. Written statements of the reasons for a boards’ decision were given and except where the matter was a report to the Minister, the decision of the board was given in court. Hearings usually lasted one or two days. In particular matters an individual could have a right of appeal to the Land and Environment Court. (11)

Endnotes
(1) NSW Government Gazette No.5, 2 January 1885, p.195.
(2) Ibid
(3) NSW Government Gazette No.5, 2 January 1885, p.196.
(4) Crown Lands Act 1884 (Act 48 Vic No 18) Part II.
(5) “Local Land Boards” information brochure Tweed Shire Council website http://www.tweed.nsw.gov.au/YourEnvironment/pdfs/LocalLandBoards.pdf (accessed 5 October 2006).
(6) Ibid.
(7) Ibid.
(8) Ibid.
(9) Ibid.
(10) Ibid.
(11) Ibid.