Evidence
8The NSWALC tendered an aerial photograph of the site (exhibit A). The Minister tendered the court book (exhibit 1) and the evidence book (exhibit 2). The court book contains the Class 3 application (tab 1), the Minister's statement of facts and contentions (tab 2), the NSWALC's statement of facts and contentions (tab 3), the agreed real issues for determination (tab 4), agreed chronology (tab 5), agreed list of characters (tab 6), the NSWALC's list of objections to evidence (tab 7) and the Minister's list of objections to evidence (tab 8).
9The evidence book contains the amended agreed statement of facts (tab 1), the affidavit of Mr Ian Harrington affirmed on 23 August 2013 (tab 2), the affidavit of Mr Clive West affirmed on 9 September 2013 (tab 3), the affidavit of Mr Mark Tate affirmed on 23 September 2013 (tab 4), the affidavit of Mr Peter Hay affirmed on 17 December 2013, the Minister's tender bundle (tab 6) and the NSWALC's tender bundle (tab 7).
10The parties agreed a statement of facts (ASF) as follows (excluding footnotes):
...
3. At the date of the claim, both Lots which form the claimed land had as their registered proprietor "The State of New South Wales" and were dedicated under the Crown Lands Act 1989 (NSW).
4. As at the date of claim, Lot 7304 was subject to two dedications both for gaol purposes, each of which covered separate sections of Lot 7304. The first, Dedication 1001173, was notified in the Gazette on 11 November 1891 for "Gaol Site (extension)". The second, Dedication 1001174, was notified on 19 October 1894 for "Gaol Purposes". Both dedications were pursuant to s 104 of the Crown Lands Act 1884 (NSW).
5. As at the date of claim, Lot 447 was subject to Dedication 100366 which was notified on 5 December 1958 for "Gaol Site (addition)" pursuant to s 24 of the Crown Lands Consolidation Act 1913 (NSW).
6. Prior to November 2011, the claimed land was used as the Berrima Correctional Centre. The gaol itself and other buildings are on Lot 7304 and part of the gaol gardens and a gaol building are on Lot 447.
7. On 6 September 2011, Corrective Services NSW announced that the Berrima Correctional Centre would be closed by early November 2011.
8. The historical status of the claimed land is set out in the Agreed Chronology. Relevantly, on 19 October 2001, the claimed land was proclaimed in the Government Gazette to be "Berrima Correctional Complex" pursuant to the Crimes (Administration of Sentences) Act 1999 (NSW)(CAS Act).
9. Also on 19 October 2001, the claimed land was proclaimed in the Government Gazette to be "Berrima Correctional Centre" pursuant to the CAS Act.
10. On 6 September 2011, Corrective Services NSW announced that the Berrima Correctional Centre would be closed by early November 2011.
11. On 10 February 2012, the proclamation of "Berrima Correctional Complex" was revoked pursuant to the CAS Act by notice in the Government Gazette.
12. Also on 10 February 2012, the proclamation of the "Berrima Correctional Centre" was revoked by notice in the Government Gazette pursuant to the CAS Act.
13. On 17 November 2011, following the closure of the Berrima Correctional Centre, the State Property Authority (SPA) wrote a letter to the Crown Lands Office of the Department of Primary Industries (Crown Lands) advising that Corrective Services NSW had requested SPA to "undertake initial due diligence for each of the properties to assess their likely future use."
14. By 19 December 2011, SPA had completed its initial review and had concluded that "the preferred use of the property is likely to involve the creation of a Crown Reserve under the management and care of a Reserve Trust" and recommended that ownership of the claimed land would transfer to Crown Lands.
15. An email from George Rounis of the State Property Authority dated 13 February 2012 states, amongst other things, that:
15.1 The local council had expressed an interest in working with Crown Lands to retain the asset in a Reserve Trust, the process for which was to be managed by Crown Lands, with an officer from the Goulburn Office of Crown Lands having been appointed to work on the project;
15.2 Crown Lands were to manage the disposal of the adjoining cottage;
15.3 Corrective Services NSW had requested SPA attend a meeting in early March with Corrective Services, the local council and Crown Lands to "assist in ensuring all parties work towards a May 1 2012 handover" of the claimed land.
16. In a Ministerial Briefing, signed by the Parliamentary Secretary on 15 February 2012, it was noted that:
"In investigating possible future uses SPA has concluded that, under the existing constraints, the property would have no significant commercial value. Furthermore, even if the dedication were lifted, the other constraints on the site would limit its commercial value to the extent that the potential return is unlikely to justify the risks to this approach, including strong community opposition.
SPA has consulted with the Crown Lands Division of the Department of Trade and Investment, Regional Infrastructure and Services (Crown Lands) regarding the appropriate future ownership and/or management arrangements for the property. One such model under consideration is the creation of a Crown Reserve under the management and care of a Reserve Trust."
17. A letter from the Parliamentary Secretary for Treasury and Finance to the Wingecaribee Shire Council enclosed with that Ministerial Briefing stated:
"With regard to your request for a meeting, it is suggested that this be deferred until the Crown Lands Group has determined a suitable model for future management of the property, at which point Council's role can be discussed with more certainty"
11The Minister read the affidavit of Mr Harrington, community corrections officer at CSNSW (par 1) (exhibit 2 tab 2). Mr Harrington is responsible for arranging work crews, comprising offenders subject to community service orders (CSOs) and a field supervisor, to attend various work sites in the Campbelltown area. This includes attending work sites on occasion and giving oral instructions to the field supervisors as to the work to be performed at the site (par 2). In October 2011 Mr Harrington attended a meeting with the director of community corrections, Mr Morgan (par 3). Mr Morgan said to Mr Harrington that they were going to start working at Berrima Correctional Centre and that he wanted Mr Harrington to organise community service workers and a field supervisor. Mr Morgan wanted the crew to maintain the grounds of Berrima Correctional Centre and to look after the outer and inner grounds of the gaol (par 4).
12In October 2011, one week before work was to commence, Mr Harrington and Mr Morgan attended Berrima Correctional Centre and inspected the site to determine what work needed to be done (par 5). Mr Morgan advised Mr Harrington that work was to be conducted at the Correctional Centre and that he will need to trim the trees, weed, mow the lawns, replace the sprinkler system and maintain the gardens (par 6).
13In October about a week after Mr Harrington's attendance with Mr Morgan, Mr Harrington organised and continued to manage a work crew to go to Berrima Correctional Centre and conduct work on the grounds (par 7). On the first occasion Mr Harrington attended with Mr Tate, a field supervisor, and instructed Mr Tate that the main work was to be done at the front and side of the gaol. This was maintaining gardens, mowing lawns and looking after rose trees at the front of the gaol and the fruit and rose trees around the side (par 8). Concerning the front of the gaol Mr Harrington instructed Mr Tate that the lawns were to be mowed and the gardens next to the buildings at the front were to be watered, weeded and maintained (par 9). As at October 2011 a lot of work needed to be done at the side of the gaol where the rose trees and all the fruit trees were located. Mr Harrington instructed Mr Tate that the fruit and rose trees needed to be cut back and the vegetable gardens weeded (par 10). At the back of the gaol there was a vegetable patch. Mr Harrington instructed Mr Tate to move it and that it should be weeded and maintained (par 11). Mr Harrington instructed Mr Tate to replace the sprinkler system (par 12).
14From approximately October 2011 to April 2013 Mr Harrington organised for work crews to attend and maintain the grounds and gardens of Berrima Correctional Centre. Mr Harrington went to Berrima Correctional Centre approximately four or five times between October 2011 and April 2013 when the work crew was there (par 14). Initially Mr Harrington organised for a work crew comprising nine to ten offenders who were subject to CSOs (CSO workers) to attend Berrima Correctional Centre on Saturdays and Sundays (par 17). Mr Harrington also arranged from time to time for the work crew and field officer to attend during the week (par 18). The work crew would arrive at Berrima Correctional Centre at approximately 9:30am and leave at approximately 2:30pm (par 20).
15Mr Harrington observed that the majority of the time was spent around the side of the gaol on the vegetable gardens, trees and roses. On average ten CSO workers went to the gaol on each occasion, two or three of them worked at the front and the rest at the side (par 26). Around January or February 2012 Mr Harrington was informed by Mr Tate that the sprinkler system had been replaced (par 27). Mr Harrington was informed by Mr Tate that on a couple of occasions the work crews had used one of the sheds adjoining the old chicken coop to store a wheelbarrow (par 28).
16The Minister read the affidavit of Mr West, member of the Illawarra/Southern Highlands Branch of Heritage Roses in Australia Inc (Heritage Roses) (par 1) (exhibit 2 tab 3). Heritage Roses is a group concerned with species and varieties of roses generally developed in the nineteenth century or earlier (par 3). Heritage Roses was interested in visiting the Berrima Correctional Centre because of its noteworthy collection of roses, both in terms of its diversity and presentation (par 6). Heritage Roses was concerned about the fate of the collection and wanted to check that they were still there and maintained. The collection is regarded as a significant public collection of roses and continued public access to the collection is of great concern to Heritage Roses (par 8).
17Between 4 February 2012 and around 7 March 2012 Mr West took various steps to organise a visit by Heritage Roses to Berrima Correctional Centre including speaking to Mr Morgan at CSNSW who stated it was okay for Heritage Roses to visit Berrima Correctional Centre (par 9-15). On 10 March 2012 Mr West visited Berrima Correctional Centre with some other members of Heritage Roses (par 16). Heritage Roses members walked from the front of the gaol past the old Superintendent's House around the side past the chicken coop and down to the lower area where the roses are (par 17). Heritage Roses took around 40 minutes to an hour viewing the roses (par 18). Mr West annexes a copy of an aerial photograph of Berrima Correctional Centre showing the area visited by Heritage Roses hatched in red (par 19, annexure D). From the inspection it was clear that the roses were being maintained. Overall Heritage Roses were happy with the state of the roses (par 20). Mr West did not observe many weeds and the bushes were in good order and had been pruned (par 21). Key signs that the roses were in good order were that there was no disease on the foliage and some of the roses were in flower (par 22). The roses had also been dead headed (par 23).
18The Minister read the affidavit of Mr Tate, retired field officer at CSNSW (par 1) (exhibit 2 tab 4). In his role as field officer Mr Tate was involved with supervising CSO workers performing work at Berrima Correctional Centre from October 2011 to November 2012. Mr Tate worked under the direction of Mr Harrington (par 3). In October 2011 Mr Harrington told Mr Tate what he wanted to achieve by way of gardening and maintenance and Mr Tate told Mr Harrington what specifically needed to be done to achieve what he wanted (par 4-5). Typically Mr Tate would take a group of between 5 and 12 CSO workers to Berrima Correctional Centre. At the start Mr Tate was doing this about once a fortnight. From January 2012 Mr Tate would go to Berrima Correctional Centre at least once per week on a Saturday or Sunday and possibly one day midweek (par 6). Following each visit to Berrima Correctional Centre Mr Tate filled out a worksheet which was signed off by Mr Harrington. The worksheets included the date, location, number of participants, time of arrival and departure, and summarised the work done (the weed species removed and the method, the area treated and the description, the volume of rubbish and any further comments) (par 7).
19Work was conducted at the front and back of the gaol, back meaning the part of the gaol with the chicken pen and heritage roses (par 9). The area behind the print house and down to the river was not worked on because Mr Tate did not perceive them as part of the gaol but as the Council's property (par 10). Mr Tate outlines when the CSO workers would arrive and depart from the gaol (par 11-14). When he began work in October 2011 at the gaol Mr Tate concentrated on the roses. There were gardens virtually everywhere including near the print house which Mr Tate tried to re-establish and had climbing roses on the outside fence (par 15). There were also fruit trees and rose trees at the back of the gaol (par 17). Mr Tate outlines how he would organise the CSO workers in distributing work at the gaol (par 18-21). For example Mr Tate would have two or three CSO workers in the front of the gaol mowing the lawns and maintaining and weeding the gardens, two CSO workers in the rose garden pruning the roses and weeding, and three to four CSO workers in the back working on the vegetable gardens (par 18).
20Mr Tate describes the type of work done in the front of the gaol such as watering plants, weeding and maintaining gardens, trimming and maintaining bushes, flowers and rose trees and mowing lawns (par 22-26). Mr Tate also outlines the type of work done at the back of the gaol such as mowing, weeding, maintaining the rose trees, fruit trees, and vegetable gardens (par 27-33). Concerning the interior of the gaol, occasionally they would go inside to maintain and cut the grass (par 34). At one stage Mr Tate had a key to the main gate to get in to mow and weed, otherwise Mr Tate had to get the security guards to let him in so the CSO workers could mow inside (par 35). The interior would have been mowed once per month which would take about half an hour (par 36). This was the only work they did inside the gaol (par 37). Regarding the buildings Mr Tate had a key to a store room near the chicken house and on occasions he left a wheelbarrow and some gardening tools in that store room (par 38). Mr Tate did not go into any other buildings and did not have keys to go inside (par 39). Around December 2011 or January 2012 Mr Tate arranged for the CSO workers to begin repairing the irrigation system on the grounds at the front and back of the gaol (par 40). This work is recorded in the worksheets on 7 November 2011, 13 December 2011 and 10, 14 and 28 January 2012 (par 42).
21The Minister read the affidavit of Mr Hay, director, asset management, within CSNSW (par 2) (exhibit 2 tab 5). The asset management branch is responsible for the maintenance of correctional centres including Berrima Correctional Centre from November 2011 to March 2012 (par 5). At Berrima Correctional Centre responsibilities included the provision of security guards, contractors to conduct maintenance work on essential services (fire system, electricity and water), and CSO workers to maintain the grounds and arrange for electricity, water and sewerage services to be connected (par 6). Mr Hay states that inmates were removed from Berrima Correctional Centre in or before October 2011 (par 7).
22Mr Hay states that keys to Berrima Correctional Centre were issued to ATMAAC Pty Ltd (ATMAAC) who were providing 24 hour security 7 days a week at Berrima Correctional Centre. Asset management branch at the head office in Sydney also had a set of keys and sometime after February 2012 a set of keys was also given to the Campbelltown Community Corrections Office (par 8). These keys are the keys to the actual correctional centre (par 9).
23The arrangement for security to be provided by ATMAAC was in place from 17 October 2011 and continued beyond April 2012. Copies of the tax invoices from ATMAAC were annexed for the period between 17 October 2011 and 29 April 2012 (par 10). The annexures show that for the period 20 February 2012 to 4 March 2012 the security provided by ATMAAC consisted of two 12 hour shifts, being one guard from 6am to 6pm and one guard from 6pm to 6am (par 11).
24The asset management branch is responsible for overseeing maintenance of essential services (par 12). ProGroup Management Pty Ltd (ProGroup) was contracted to perform maintenance services between 23 May 2005 and 22 May 2010 (par 13). On 15 April 2011 a one year extension of the contract with ProGroup was approved (par 15 and annexure B). The approval was for $2,834,679.78 plus GST which was to cover 25 correctional centres including Berrima Correctional Centre. Annexure C sets out the cost for each correctional centre showing $61,123.61 for Berrima Correctional Centre (par 16). Mr Hay states that the contract with ProGroup only covered the interior of Berrima Correctional Centre and not the grounds. The maintenance of the grounds was conducted by CSO workers (par 17). During November 2011 to March 2012 ProGroup continued to perform work at Berrima Correctional Centre but on a reduced service delivery model compared to what had been previously arranged. This reduced service delivery model was for work to be conducted on a "when needed" basis. That is ProGroup remained engaged by CSNSW in relation to Berrima Correctional Centre. However, rather than performing services on a regular basis, ProGroup only conducted work when requested by CSNSW (par 18).
25CSO workers were facilitating maintenance works to the grounds of Berrima Correctional Centre (par 19). Maintenance work by the CSO workers at the Berrima Correctional Centre was arranged by the Campbelltown Community Corrections team (par 22).
26Following the withdrawal of inmates from Berrima Correctional Centre in October 2011 assets belonging to CSNSW were housed within the facility. This was the situation in February 2012. These items have since been removed (par 23).
27Following the withdrawal of inmates electricity, water and sewer remained connected. This includes the period from November 2011 to February 2012. This was for the purpose of the security officers provided by ATMAAC, general maintenance and the grounds maintenance performed by CSO workers (par 24).
28The Minister relied on documents in the Minister's tender bundle (exhibit 2 tab 6). The bundle contains an aerial view of Berrima Correctional Centre gazetted 2 April 1999 (p 55) and reports of land status investigation by the Department of Trade and Investment, Crown Lands Division (Crown Lands) dated 17 May 2013 attaching title search documents (p 56-81). It also contains section 3 of the contract between CSNSW and ProGroup (the ProGroup contract) (p 82-102). Berrima Correctional Centre is included in the ProGroup contract (p 82). The scope of work includes electrical services, freshwater installation, sewerage system, gas service, mechanical services, fire protection system, coating systems and removal and disposal of liquid waste (p 83-84). Detail concerning the types of work and services are set out (p 84-86). The authorisation of the Governor/Centre Manager and other CSNSW staff to issue notifications or to give directions is set out (p 88). The ProGroup contract states that the first contract year will commence on 1 November 2003 with a total of five contract years, the last expiring on 31 October 2009 (end of year five). If the contract is extended for three years the last date of expiry would be 31 October 2012 (end of year 8). Contract run-out may be applicable for end of contract years five and eight (p 96). Contract run-out is the period commencing 1 November following the last contract year and ends on 31 December. During the contract run-out only callouts will continue (p 97). Callout/corrective maintenance work is described as generally of a "breakdown" nature requiring ProGroup's attention. ProGroup is required to provide a service to all facilities to carry out such repairs within the response times nominated by the minimum maintenance and performance standards (p 86).
29The Minister's tender bundle also includes a submission by Mr Woodham, Commissioner for CSNSW, to the Minister requesting an extension for a year of the ProGroup contract from 23 May 2011 to 22 May 2012 (p 103) approved by the Minister (p 104). Mr Gordon, general manager at Wingecarribee Shire Council (the Council) wrote to Mr Furness of the State Property Authority (SPA) on 6 December 2011 about Berrima Correctional Centre requesting that when transfer of the property moves to the SPA 24 hour security surveillance continues noting the significant value of the gardens surrounding the facility (p 118). On 19 December 2011 Mr Furness, executive director commercial transactions and development, replied to Mr Gordon (p 119). Mr Furness stated that the SPA had completed an initial review of the property and concluded that the preferred future management of the property is likely to involve the creation of a Crown Reserve under the management and care of a reserve trust. Ownership of the property would not transfer to the SPA but to Crown Lands. Arrangements were currently underway to transfer control of the property to Crown Lands and it was expected that consultation would commence with the Council in the near future regarding its role in the future management of the property and the creation of a reserve trust. CSNSW had undertaken to maintain the existing 24 hour security surveillance until new arrangements had been implemented (p 119).
30A community agency application dated 9 January 2012 aiming to maintain grounds/maintenance of rose/fruit trees with the community benefit of beautification was made (p 120-123). Tasks included were lawn mowing, whipper snipping, maintaining fruit/rose trees maintaining irrigation, removal of graffiti, removal of weeds and weed spraying (p 121). This was to be supervised by departmental field officers and work was to occur weekly (p 121). CSO workers were to be working in proximity to licensed areas (p 122). The application states that the project was previously maintained by Berrima gaol but the closure of the gaol required an alternative maintenance team to be provided (p 122). The application was signed by Mr Tate and Mr Harrington.
31An email by Mr Rounis, manager property transactions at SPA, to Mr Thomas and Mr Furness dated 13 February 2012 states concerning Berrima Correctional Centre that (p 124):
∙ Wingecarribee Council have expressed an interest in working with Crown Lands to retain the asset in a Reserve Trust.
∙ Process of establishing Trust to be managed by Crown Lands.
∙ An officer from the Goulburn office of Crown Lands has been appointed to work on the project.
∙ Project meeting scheduled for early March on site to be attended by Corrective Services, the Council, Crown lands and SPA.
∙ Corrective Services have requested SPA to attend the meeting and assist in ensuring all parties work towards a May 1 2012 handover of the asset.
∙ Currently Corrective Services still maintaining gardens and providing security.
Actions required following the meeting were identified. Subject to the outcomes discussed it was expected no further input would be required from SPA. It was anticipated that a final invoice would be issued in March (p 124).
32A letter from Mr Barnard, service manager - fire at MDL Asset Services Pty Limited (MDL), to Mr Robinson dated 8 March 2012 states that Berrima Correctional Centre was attended yesterday afternoon and describes what was reported, the solutions and a quote for those solutions (p 126-127). A work order approval form containing (p 128), a handwritten service report dated 17 November 2011 (p 129), a handwritten inspection test and preventative maintenance records report dated 17 November 2011 (p 130) are attached.
33An email from Ms Weiss of Crown Lands to Ms Illiadis and Mr Byers of the Crown Solicitor's Office dated 17 April 2013 attaches photographs of Berrima Gaol education room, Berrima Gaol internal courtyard, Berrima Gaol internal garden and "trusty" cells, Berrima Gaol inside smaller residence, Berrima Gaol rear wall, Berrima Gaol tennis courts, Berrima Gaol and Berrima Gaol toilet and showers dated 9 March 2012 (p 160-169).
34Handwritten worksheets for the Campbelltown Combined Community Project between 18 October 2011 and 30 April 2012 are included (p 170-198). Those dated closest to the claim date include on 4 February 2012 recording there were nine participants, the time of arrival was 9:30am, time of departure was 2:20pm, comments were "mowed and whipper snip [sic] front and sides of jail [sic]. Started mowing down back, weeded more of the front gardens, finish weed original vegi [sic] garden. Transplanted tomato into new gardens" (p 183). On 5 February 2012 there were nine participants, the time of arrival was 9:45am, time of departure was 2:35pm, comments were "mowed and whipper snip rock (not finish) [sic]. Weeded rock garden. Dehead roses in back. Plant plants that were up the back" (p 184). On 12 February 2012 there were 11 participants, the time of arrival was 9:45am, time of departure was 2:20pm, comments were "mowed and whipper snip [sic] front and some of the back weeded and started laying mulch on rock rose bed. Weed vegi [sic] gardens and put chicken poo on rock vegi [sic] gardens " (p 185).
35On 18 February 2012 there were 11 participants, the time of arrival was 9:30am, time of departure was 2:20pm, comments were "mowed and whipper snip [sic]. Weeded front gardens and planted seeds in vegi [sic] gardens" (p 186). On 19 February 2012 there were 14 participants, the time of arrival was 9:45am, time of departure was 2:15pm, comments were "mowed and whipper snip [sic] back area. Weeded fruit trees, weeded and prune [sic] dead heads of roses" (p 187).
36There is one reference in these worksheets to workers going inside Berrima Correctional Centre building in April 2012 when there were 12 participants, the time of arrival was 9:45am, time of departure was 2:15pm, comments were "mowed and whipper snip and use blower inside gaol. Rake up grass out front, weeded down back and planted agas [sic] near print shop" (p 198).
37Tax invoices from ATMAAC to CSNSW for "static" guards from 31 October 2011 to 30 April 2012 are included (p 199-212). One guard was provided during the day shift and two guards during the night shift from 17 October 2011 to 22 January 2012 (p 199-205). One static guard was provided during the day shift and one static guard during the night shift from 23 January 2012 to 29 April 2012 (p 206-212).
38Energy Australia invoices to CSNSW from 7 March 2012 to 3 April 2012 were included (p 213-220) for the supply period 1 February 2012 to 29 February 2012 (p 213-216) and 1 March 2012 to 31 March 2012 (p 217-220).
39Council invoices to the State of NSW for water and sewerage from 26 April 2012 to 21 August 2012 were included (p 221-223) for the 2011-2012 financial year third billing period of 6 December 2011 to 12 April 2012 (p 221-222) and the 2012-2013 financial year first billing period of 12 April 2012 to 9 August 2012 (p 223).
40The NSWALC relied on documents in the NSWALC's tender bundle (exhibit 2 tab 7). This included a SPA ministerial briefing from chief executive officer, SPA to the Minister for Finance and Services concerning the closure of Berrima Correctional Centre dated 15 February 2012 (p 226-230). It states that feasibility studies were completed by the SPA and forwarded to the Department of Attorney-General and Justice on 4 November 2011. The investigations regarding Berrima Correctional Centre disclosed that title to the land is in the name of the State of NSW and is deemed to be subject to the provisions of the Crown Lands Act 1989 (CL Act). Accordingly any action in relation to future ownership of the land requires action under the CL Act administered by the Minister for Primary Industries. The property is also dedicated for public purposes and the removal of the dedication would be a convoluted and public process. In investigating possible future uses the SPA has concluded that under the existing constraints the property would have no significant commercial value. The SPA consulted Crown Lands regarding the appropriate future ownership and/or management arrangements for the property. One model under consideration is the creation of a Crown reserve under the management and care of a reserve trust. The reserve trust system enables the NSW Government, local councils and community members to manage and care for suitable properties for the use and benefit of the general community (p 226). The Council had requested a meeting with the Minister, the SPA recommended that regardless of whether the Minister wished to agree to the request, it would be better to wait for advice from Crown Lands on its preferred management model before meeting with the Council (p 227).
41A letter from the Council to the Minister for Finance and Services dated 2 November 2011 is attached to the ministerial briefing advising that a delegation from the Council had met with the Attorney-General on 20 October 2011 in relation to the closure of Berrima Correctional Centre and advises that the Attorney-General indicated he would support the Council in presenting a case for the building to be handed to the community through a trust. The letter further advises that the Council passed a resolution on 26 October 2011 which in part states "that Council advise... [the] Minister... that it is interested in becoming a major stakeholder and requesting that Council be kept informed of all progress in relation to the use of the property" (p 229).
42A letter from Mr Mason-Cox, Parliamentary Secretary for Treasury and Finance to the Council is also attached to the ministerial briefing. It states that the SPA is currently in consultation with Crown Lands regarding the appropriate future ownership and/or management arrangements for the Berrima Correctional Centre property. One model under consideration is the creation of a Crown reserve under the management and care of a reserve trust. The Council's interest in becoming a major stakeholder in the future care and management of the Berrima Correctional Centre is noted and will be an important factor in the SPA's consultations with Crown Lands. The Minister has requested the SPA to keep the Council informed of any significant developments regarding the future of the property (p 228).