Land vested in a council may be classified as a 'public park' (and therefore community land) under Sch 7 Pt 2 cl 6(2)(a) of the Local Government Act 1993 (NSW) without any formal act of dedication, reservation or council resolution. Where a council has laid out land as a park, maintained it in the same manner as other public parks, and permitted public use for a substantial period without indicating the use is temporary, an intention to dedicate the land as a public park may be inferred. Councils wishing to avoid inadvertent classification should make clear that any public use of land as a park is conditional or temporary.
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