Lord Howe Island Board s3

LORD HOWE ISLAND BOARD

Business Paper

ITEM

Islander Status of Robyn Curtin

BACKGROUND

Robyn Curtin has applied for Islander status under Clause 3 (1) (d) of the Lord Howe Island Act 1953. This clause provides that an Islander is a person who “is, on the recommendation of the Board made in special circumstances, declared by the Minister, by order published in the Gazette and for the time being in force, to have retained or acquired the status of an Islander”.

CURRENT POSITION

Ms Curtin’s letter of application is attached. Ms Curtin believes her “special circumstances” are as follows:

·  Her grandfather, Alexander Fenton, settled on Lord Howe Island in the late 19th century and built the (now) heritage listed dwelling “Kenta” in 1906,

·  In the early 1980s the then Premier of New South Wales, Neville Wran, repeatedly assured her that she would not lose her Islander status as a result of the proposed amendments to the Act (Amendments to the Act provided that to qualify, generally speaking, a person must have resided continuously on the island from 1 January 1977 to 1 January 1982),

·  She was in residence on the island on 1 January 1982. She assumed (incorrectly, as did several other people) that her being in residence on 1 January 1982 would confirm her Islander status. No further information or evidence was sought by the Board,

·  She inherited a share in her grandfather’s property 20 years ago. She lodged a DA for the subdivision and erection of a new dwelling, and the Board’s consent was given in December 2010,

·  The issue of her Islander status (or lack thereof) was not raised with her until this year, and

·  She took up full time permanent residence on the island about 12 months ago, and has no other habitual abode.

RECOMMENDATION

It is recommended that the Board recommend to the Minister that Robyn Curtin be declared to have acquired the status of an Islander.

Prepared Bill Monks A/ Chief Executive Officer