Trust management plans, annual reports, financial records (agistment statements, annual financial reports)
20The Trust's management plan for 1999 to 2000 (undated) at RTB p 14 states, inter alia, that fencing of "all commons" needed to be repaired, agistment fees were increased, the commoners' fee set was due annually, rubbish needed to be removed from the "top common", no vehicles were to be permitted on "any common" unless to assist cattle, and only commoners and their families were to be permitted on "the commons".
21The Trust's management plan for 1999 to 2009 dated 1 August 2000 (RTB p 32) was prepared to produce sustainable outcomes for the Common for future generations and for the environment. Improvements required were listed as follows: replace boundary fences on Glennies Creek Road; replace boundary between the "common and C Lane property"; Olympic Landcare application and organisation program; Hunter Catchment Authority proposal for improvements to Common; repairs to dams on southern side, improve water course to dam site; pasture improvement on the Common, weed management schedule; upgrade common rules and by-laws to suit village requirements.
22A Trust statement dated 10 January 2000 to W Horadum for agistment of eight head from 1 July to 31 December 1999 (RTB p 16) notes payment on 3 February 2000. A receipt was issued (RTB p 13). In August 2000 the Trust recorded its income and expenditure including on the Olympic Landcare project (RTB p 33 - 35). On 1 September 2000 the Trust issued a statement to W Horadum for agistment of eight head to 1 July to 30 September 2000 plus previous agistment from 1 April to June 2000 (RTB p 37) which was paid on 22 December 2000.
23On 8 September 2000 the Department of Land and Water Conservation (Department of Lands in this judgment) received an annual report including a financial report from the Trust (RTB p 38 - 43). The annual report states that the Common was used daily for grazing, walking and horse riding by the commoners. The Trust received a grant from the Olympic Landcare project of $2,500 to plant trees and 500 trees were planted on "the common adjacent to New England Highway". The other 1,500 trees would be planted on the common adjacent to Glennies Creek after fences were in place. The Trust also received a grant from Hunter Catchment Management Trust (as it was then known) to improve management of soil erosion on the Common adjacent to Glennies Creek which would be fenced into three paddocks and cattle would have limited access to the creek to prevent damage to creek banks and to improve water quality. Next to "Reasons for rise or fall in patronage" it states "White Mining trying to mine [the] Common". Elected office bearers were recorded as K Patterson, Chairperson; D Olofsson, Secretary; and M Walker, Treasurer. The financial report (p 39 - 40) indicates income was received from agistment, commoners' fees and the Olympic Landcare project, and that money was spent on fencing materials, inter alia.
24On 29 August 2001 the Trust issued a statement to W Horadum for agistment to 30 September 2001 (RTB p 44) which was paid on 5 August 2002.
25On 18 September 2001 the Trust prepared an annual report to the Department of Lands and extracts from its savings passbook (RTB p 46 - 50). The annual report records that at the annual general meeting on 17 September 2001, new office bearers and trustees were elected, namely, C Stapleton, president; D Olofsson, secretary; M Walker, treasurer; D Thompson and C Green, trustees. The Hunter Catchment Management Trust provided funds "for fencing, dams and trees" which did not enter the Trust bank account. The annual report noted that in the next financial year the Trust would undertake fencing, tree planting, controlling weeds and having a field day organised by the Hunter Catchment Management Trust. The savings passbook extracts show income was receiving including from commoners' fees and money was spent.
26The Trust's annual report for 2001/2002 (RTB p 51 - 52) listed the commoners as: Thomson family, C Green, D and T Olofsson, M and T de Jong, C and K Stapleton, L Byrnes, M and R Walker, and W Horadum. The Common near Camberwell Hall had eight head agisted and had a three month spell in twelve months. When funds became available the Trust planned to repair the second dam wall. Fencing on that Common was complete and trees planted from the Olympic Landcare project grant were growing well. The Common adjacent to Glennies Creek had no stock agisted and had a two-year spell. The report then states, "The 20th July 2002 eight head of cattle has been adjusted [sic]." The Trust had sent a letter to the police about motorbikes damaging the land and trees and the Trustees were in the process of padlocking all the gates. On 7 August the Trust repaired rabbit holes on the Common. The Trust received a proposal from White Mining for a land swap in relation to the "common over the road".
27On 5 August 2002 the Trust provided a receipt to W Horadum for agistment fees (RTB p 53). On 16 October 2002 the Trust issued a statement to W Horadum for agistment of eight head up to 30 September 2002 (RTB p 61) and from 1 October to 31 December 2002 (RTB p 60). On 4 November 2002 the Trust issued a receipt to W Horadum for payment of agistment fees (RTB p 62). On 30 June 2003 statements were issued to W Horadum for agistment of cattle in January, February, and April to June 2003 (RTB p 63 - 66).
28A Trust record indicates that "Christine" paid for agistment of one horse from 16 September 2003 to 28 February 2004 (RTB p 70). The Trust was invoiced on 26 March 2004 by a company for "Camberwell Common" signage (RTB p 71).
29The Trust's handwritten financial report for 2002/2003 (RTB p 67 - 68) shows income from commoners' fees and agistment throughout the period. Money was spent on repairing fencing and rabbit holes. On 10 April 2004 the Department of Lands received an annual report (RTB p 72) attaching a financial statement for 2002 to 2003 (RTB p 73) which appears to be an identical printed copy of the handwritten version. The annual report records that the Trust had been involved in the land swap, that the land area had been approved, and next financial year the Trust expected to take over the new Common. It reports that money was spent on the erection of a new boundary fence on the Common near Glennies Creek and an "end of tree line area" was put in by the Hunter Catchment Management Trust to prevent stock damaging trees. The Trust stopped a dam on one of the Common areas from leaking, repaired the rabbit warrens, and padlocked the gates containing stock. It also notes that the Trust committee (that is, Trustees and office bearers) had not changed and new families joined the commoners' roll which then stood as: D, T and M Olofsson; M and T de Jong; V Lopes; C Stapleton; W Horadum; T and L Byrnes; M Walker; T Hassett; G Lane; C Green; and M Gale.
30On 15 June 2004 statements were issued to K Woods for agistment of two horses on common 2 from 8 April to 30 June 2004 (RTB p 75) and to G Hassett for agistment of two horses on common 2 from 5 June to 30 June 2004 (RTB p 74). A handwritten note states that from 30 June 2004 onwards, only one horse would be agisted. On 8 July 2004 a receipt was issued to K Woods for agistment fees (RTB p 78).
31The Trust's handwritten financial report for 2003/2004 (RTB p 76 -77) shows income was received from commoners' fees and from agistment throughout that period and that the Trust purchased padlocks. On 25 October 2004 the Department of Lands received the Trust's annual report attaching a printed copy of its financial report (p 81 - 82). The annual report (RTB p 79, 83) states that the Trust's priority was to finish fencing on "Glennies Creek Road", that it was waiting to receive the new common from Ashton Coal, that there was an increase in commoners wanting to use the Common, and that the "land has been managed with minimal stock to preserve wildlife and natural beauty also, natural repairs by tree growth in eroding areas". The report records that Ashton Coal repaired border fencing to their property, that there was an increase in patronage numbers, and the Common was used daily for grazing, walking, horse riding, water activities, fishing and swimming.
32On 17 November 2004 statements were issued for agistment to M Gale (two horses) (RTB p 85) and to G Hassett (one horse) (RTB p 84) from 1 July to 31 December 2004, both of which were noted as paid. See also receipt to M Gale (RTB p 86). On 25 June 2005 the Trust issued statements to G Hassett for agistment from 1 January to 30 June 2005 (RTB p 101) and to M Gale for agistment on commons 2 and 3 from 31 March to 30 June 2005 (RTB p 100). The Trust's annual financial report for 2004 to 2005 shows money being spent on fence repairs and Roundup weedicide (RTB p 102 - 103). On 15 August 2005 the Trust provided a receipt to M Gale for agistment (RTB p 108). An undated statement to M Gale for agistment on commons 1 and 2 from 30 June to 30 September 2005 notes that payment was received on 9 November 2005 (RTB p 118 - 119).
33On 27 September 2005 the Department of Lands received the Trust's annual report (RTB p 87 - 90). The Trust stated that it had been working effectively to address safety, land rehabilitation and stock movement. It reported that on 15 October 2004 rocks blasted out of the Ashton Coal mine and landed on the Common. On 22 January 2005 there were people riding motorbikes on the Common, which was reported to the police. On 24 February 2005 the NSW Fire Brigade was called to extinguish a fire on the Common which caused little damage. On 9 May 2005 there was rubbish on the boundary between Ashton Coal property and the Common which the police were contacted to investigate and which Ashton Coal removed. On 14 May 2005 a new fence was finished by Ashton Coal without a gate being put in to the existing fence for the livestock which were caught in a paddock without water for two days. The Trust would oppose any proposal by Ashton Coal to mine the common near Camberwell Hall. The Trust reported that tree and grass were well established and it had started spraying "green cestrum and boxthorn" and hoped to repair a dam on the common near the hall soon. There were no more incidents with motorbikes or vehicles on the Common since police action. Wildlife on the Common was plentiful and the Trust had tourists visiting the creek, and Greenpeace looking at the Common. There was an increase in commoners from the village due to a desire to preserve the area. The commoners' roll was as follows: S Turner, F Coyle, D and T Olofsson, M and T de Jong, T Clarke, J Vollebrecht, M Gale, P Holz, G Lane, T and G Hassett, C Stapleton, and C Green. The financial report (p 91 - 92) attached to the annual report shows receipt of income including from commoners' fees and expenditure on fencing repairs, Roundup weedicide, and padlocks.
34On 3 February 2006 a receipt was issued to D Olofsson for agistment from 20 November 2005 to 25 February 2006 (RTB p 122). An undated statement to D Olofsson for agistment on common 3 (from 20 November to 31 December 2005) and common 2 (from 9 January to 25 February 2006) notes that it was paid in full on 4 February 2006 (RTB p 125). On 4 February 2006 C Green paid for agistment on common 2 from 9 January to 25 February 2006 (RTB p 126). On 14 February 2006 K Miller sent a letter to the Trust recording that he had repaired all three dams and indicating future agistment (RTB p 123). On the same date C Green sent an email to the Trust applying for agistment on commons 2 and 3 (RTB p 124).
35An undated record of agistment bookings from 1 March to 30 June 2006 shows bookings for commons 1, 2 and 3 (RTB p 121). Another undated record of agistment bookings for the same period (RTB p 131) states "Common 1 inside village... Common 2 near Camberwell Hall ... Common 3 near New England Highway". On 6 March 2006 the Trust provided a receipt to D Olofsson for agistment from 25 February to 27 April 2006 (RTB p 127).
36The Trust's financial statement for 2005/2006 records that income was received including from commoners' fees, and that Roundup weedicide, wire and steel posts were bought (RTB p 132). The Trust issued a statement to K Miller for agistment from 1 August 2006 to 30 June 2007 (RTB p 138) and noted his account was in credit for work done on the Common. On 26 October 2006 the Trust provided a receipt to C Green for agistment from 22 July to 30 September 2006 (RTB p 137).
37The Trust's financial statement for 2007/2008 records that income was received including from one commoner for commoners' fees and money was expended on barbed wire and Roundup weedicide (RTB p 141). The Trust's annual report for that period (RTB p 142 - 143) records "Glennies creek in the common area damage to trees and increase of noxious weeds" and that the Trust commenced a noxious weed control program on "box thorn and green celestrum". It reports that "Dams on commons are all in good order, two on common near hall are spring feed ...", that flood damage to Common fences was repaired, and gates were kept locked. The Trust had maintained stock levels according to the management plan "to ensure balance between native and domestic fauna and flora". In the next financial year the Trust planned to undertake a Quoll population care and protection program, plant trees and repair cattle yards and shed. An invoice to the Trust dated 26 May 2008 indicates R & M Moore Rural Support Services sprayed boxthorns on the property on 21 May 2008 (RTB p 140).
38On 18 December 2008 the NSW Valuer General valued the claimed land (and Lot 7300 DP 11121685) for the Trust.
39On 20 December 2008 the Trust issued a receipt to D Johnston for agistment of three horses from 20 December 2008 to 14 March 2009 (that is, after ALC 17472 was lodged on 11 March 2009) (RTB p 144).