Crown Land Legislation Amendment Act 2017 (NSW)
An Act to amend certain legislation consequent on the enactment of the Crown Land Management Act 2016.
This Act is the Crown Land Legislation Amendment Act 2017.
This Act commences on the day on which the Crown Lands Act 1989 is repealed by the Crown Land Management Act 2016, except as provided by this section.
Schedule 1 commences on the date of assent to this Act.
(Repealed)
Omit paragraph (c) of the definition of
a statutory land manager within the meaning of the Crown Land Management Act 2016.
Omit “section 11 of the Crown Lands Act 1989” from section 3 (f).
Insert instead “section 1.4 of the Crown Land Management Act 2016”.
Omit section 4 (3). Insert instead:
An expression that is used in this Act and that is defined in the Crown Land Management Act 2016 (not being an expression that is defined in this Act) has the same meaning in this Act in relation to a Crown cemetery or Crown cemetery operator as it has in that Act in relation to dedicated or reserved Crown land or a person responsible for the care, control and management of dedicated or reserved Crown land, respectively.
Expressions used in this Act (or in a particular provision of this Act) that are defined in the Interpretation Act 1987 have the meanings set out in that Act.
See also section 3.1 (Responsibility for management of Crown land) of the Crown Land Management Act 2016.
Omit “Crown Lands Act 1989” wherever occurring in section 5 (1)–(3).
Insert instead “Crown Land Management Act 2016”.
Omit “by-law” and “a reserve” wherever occurring.
Insert instead “regulations” and “dedicated or reserved Crown land”, respectively.
Omit “Crown cemetery trust” wherever occurring.
Insert instead “Crown cemetery operator”.
Omit “Crown Lands Act 1989”. Insert instead “Crown Land Management Act 2016”.
Omit “trust”. Insert instead “operator”.
Omit “Public Works Act 1912” wherever occurring.
Insert instead “Public Works and Procurement Act 1912”.
Omit the note to section 22 (1) (b).
Omit the section. Insert instead:
In this Part and Schedule 2:
(a) the Crown land manager of a Crown cemetery, or
(b) any other person responsible under the Crown Land Management Act 2016 for the care, control and management of a Crown cemetery.
(a) for an operator with an operator board—each member of the board, and
(b) for an operator without an operator board:
(i) if the operator is under administration—the administrator, or
(ii) if the operator is not under administration—each person involved in the management of the affairs of the operator.
Section 5 provides that:
(a) if provision is made both by or under the Crown Land Management Act 2016 and this Act in relation to the exercise of functions by, or in respect of, a Crown cemetery operator in the same or substantially the same circumstances the function is not exercisable under the Crown Land Management Act 2016, and
(b) in the event of any inconsistency between the provisions of this Act or the regulations and a provision of the Crown Land Management Act 2016, the provisions of this Act or the regulations (as the case may be) prevail to the extent of the inconsistency.
Omit “a trust member” and “trust members” from section 72 (1).
Insert instead “an operator member” and “operator members”, respectively.
Omit “
Omit the Subdivision. Insert instead:
The Cemeteries Agency may make recommendations to the Minister administering the Crown Land Management Act 2016 concerning the appointment of a Crown land manager as a Crown cemetery operator (including the members of its operator board) for any Crown cemetery.
The Minister may (but need not) make appointments based on any such recommendations.
Schedule 2 contains provisions that apply to Crown cemetery operators that are statutory land managers with boards.
A Crown cemetery operator may, with the approval of the Cemeteries Agency, delegate any of its functions (other than this power of delegation) as an operator to any other person or body.
Without limiting section 49 of the Interpretation Act 1987, a delegation by an operator under subsection (1) may, with the approval of the Cemeteries Agency, be revoked by an operator at any time.
The regulations may make provision for or with respect to delegations under this section.
In particular, the regulations may require records to be kept of delegations of all or any particular functions or the revocation of such delegations.
Insert before section 81:
The obligations imposed by this Subdivision are intended to apply in relation to all Crown cemetery operators and their operator boards and members and, in particular, to Crown cemetery operators that are statutory land managers and their operator boards and members.
This Subdivision applies only in relation to the exercise of a Crown cemetery operator’s functions as an operator.
If a Crown cemetery operator is not a statutory land manager, this Subdivision applies subject to the following:
(a) any modifications to the provisions of this Subdivision prescribed by the regulations,
(b) the constitution of, and any other governance provisions applicable to, the operator under another Act (including a Commonwealth Act, but not the Crown Land Management Act 2016) that the operator and its board are required to comply with.
However, this Subdivision does not apply in relation to Crown cemetery operators that are councils within the meaning of the Local Government Act 1993.
In this section:
Omit each expression specified in Column 1 of the following Table wherever occurring (including headings and notes) except as otherwise amended by this Schedule.
Insert instead the expression specified in Column 2 opposite the expression specified in Column 1:
Table
Column 1 | Column 2 |
“A trust member” | “An operator member” |
“a trust member” | “an operator member” |
“the trust member” | “the operator member” |
any other reference to “trust member” | “operator member” |
“trust members” | “operator members” |
“trust member’s” | “operator member’s” |
“Crown cemetery trust” | “Crown cemetery operator” |
“Crown cemetery trust’s” | “Crown cemetery operator’s” |
“a trust board” | “an operator board” |
“the trust board” | “the operator board” |
Omit the note to section 85 (1). Insert instead:
Part 3 of the Crown Land Management Act 2016 also imposes other obligations on Crown cemetery operators (including those with operator boards).
Omit section 86 (1). Insert instead:
A Crown cemetery operator must prepare and adopt a code of conduct to be observed by operator members and persons employed by the operator within 3 months after becoming the operator.
A code of conduct in force under this section for a Crown cemetery trust for a Crown cemetery immediately before this section was amended by the Crown Land Legislation Amendment Act 2017 continues in force for the purposes of this Act as if:
(a) the code had been adopted by the Crown cemetery operator for that cemetery on the date it was originally adopted, and
(b) the members of the board of the operator and its employees had been signatories to the code.
Omit “(other than a director or officer of a corporation referred to in subsection (2))” from section 89 (1) (a).
Omit the subsection.
Omit the section. Insert instead:
A strategic plan identifies the main priorities for the future of a Crown cemetery for the period to which the plan relates.
A Crown cemetery operator must:
(a) prepare a draft strategic plan for the management of the operation of each Crown cemetery for which the operator is responsible in accordance with this section, and
(b) submit the strategic plan to the Cemeteries Agency for review.
A Crown cemetery operator who is responsible for more than one Crown cemetery may prepare a single draft strategic plan for all those cemeteries.
The Crown cemetery operator must prepare the first draft strategic plan for a Crown cemetery within 12 months after the operator becomes the operator.
A strategic plan in force under this section for a Crown cemetery trust immediately before this section was substituted by the Crown Land Legislation Amendment Act 2017 continues in force for the purposes of this Act for each Crown cemetery for a Crown cemetery operator to which the plan applied.
Subsequent draft strategic plans must be prepared at such times as the Cemeteries Agency directs.
The strategic plan must be in the form and provide for such matters as may be required by the Cemeteries Agency and must be prepared in accordance with any guidelines made by the Cemeteries Agency under section 91.
The Cemeteries Agency may require an operator to amend and re-submit a draft strategic plan that is not prepared in accordance with the guidelines.
The Cemeteries Agency may:
(a) approve a strategic plan, or
(b) approve a strategic plan with amendments, or
(c) refuse to approve a strategic plan.
A Crown cemetery operator must advise the Cemeteries Agency if the operator wishes to exercise the operator’s functions in a manner inconsistent with an approved strategic plan.
A Crown cemetery operator must ensure that an approved strategic plan is published in the Gazette and is made available to members of the public on request.
Omit “trust” from section 91 (2).
Omit “a cemetery for which a Crown cemetery trust has been established and the affairs of which are managed by the operator” from section 93 (1).
Insert instead “a Crown cemetery the operator manages”.
Omit “Crown cemetery trust” and “all cemeteries the subject of those trusts”.
Insert instead “Crown cemetery” and “all of the cemeteries”, respectively.
Omit “trust” from section 94 (2) (a).
Insert after section 98:
A plan of management in force under this Subdivision for a Crown cemetery before this section was inserted by the Crown Land Legislation Amendment Act 2017 continues in force for the purposes of this Subdivision for that Crown cemetery.
Omit the section. Insert instead:
A Crown cemetery operator must, within 4 months after the end of each financial year, submit an annual report of the operator’s operations in connection with the Crown cemeteries the operator operates for the financial year to the Cemeteries Agency.
The annual report must include the following:
(a) an audited financial statement for the period to which the report relates,
(b) a report about the operations of the operator and the performance of the operator’s functions under this Act during the period to which the annual report relates prepared in accordance with this Act and the regulations,
(c) such financial reports, opinions, budgets, reports and other matters as may be prescribed by the regulations.
The financial statement is to be prepared in accordance with Australian Accounting Standards.
The financial statement is to be audited by an independent auditor and a report is to be provided by the auditor.
A person is not qualified to be an auditor for the purposes of this section unless the person is a registered company auditor (within the meaning of the Corporations Act 2001 of the Commonwealth).
An auditor of a Crown cemetery operator is not an independent auditor:
(a) if (otherwise than as an auditor) the person is an officer or employee of the operator, or
(b) if the person is a partner, employer, employee, spouse, de facto spouse or immediate family member of a person who is (otherwise than as an auditor) an officer or employee of the operator.
The Cemeteries Agency may extend, or further extend, the period for submission of an annual report to it by a total period of up to 3 months.
In this section:
Omit “for which the Crown cemetery trust concerned was established” from section 100 (1).
Insert instead “managed by the Crown cemetery operator”.
Omit “trust” from section 101 (1). Insert instead “operator”.
Omit “trust” wherever occurring. Insert instead “operator”.
Omit “A trust board” and “the trust board” wherever occurring.
Insert instead “An operator board” and “the operator board”, respectively.
Omit “trust board” wherever occurring. Insert instead “operator board”.
Omit “trust board” from section 105 (2). Insert instead “operator board”.
Insert after section 142 (2) (d):
the granting, transfer and revocation of exclusive rights of burial in relation to Crown cemeteries,
the measures to be taken by way of compensation to former holders of exclusive rights of burial in Crown cemeteries in the event those rights are revoked.
Omit the Schedule. Insert instead:
(Section 74)
This Schedule applies in relation to a Crown cemetery operator (a
The provisions of this Schedule prevail to the extent of any inconsistency with the Crown Land Management Act 2016. See section 5 of this Act.
In this Schedule:
The appointment of a person as a board member is ineffective unless the person has acknowledged the duties and liabilities imposed on the person as such a member by signing the instrument appointing the person as a board member.
This clause applies to a board member who is appointed as a board member by reference to an office the person holds (an
Board members are appointed under clause 4 of Schedule 5 to the Crown Land Management Act 2016. Members can be appointed under that clause by reference to the offices they hold (that is, ex officio members) because of section 49 of the Interpretation Act 1987.
An ex officio member may, with the approval of the Minister, appoint a nominee.
The nominee may attend a meeting of the members in the place of the ex officio member.
For the purposes of the meeting the nominee is taken to be the ex officio member.
Without limiting clause 13 of Schedule 5 to the Crown Land Management Act 2016, a person who is an ex officio member vacates office as an ex officio member when the person ceases to hold the ex officio office concerned.
However, if the person is an ex officio member because the person holds a local government office and the person ceases to hold the local government office, the person continues as a member until:
(a) one month has elapsed, or
(b) the local government office is filled,
whichever first occurs.
Subclause (6) does not apply if the member ceased to hold office:
(a) in circumstances giving rise to a vacancy in civic office under section 234 of the Local Government Act 1993, or
(b) because of a declaration under section 255 of that Act.
In this clause:
A statutory operator board may appoint and employ a chief executive officer, chief financial officer, rangers and such other officers and employees as may be necessary for the efficient operation of the statutory operator.
One person may be appointed to the positions of chief executive officer and chief financial officer of the statutory operator.
A board member may be appointed and employed under this clause but only with the approval of the Minister.
The chief executive officer is:
(a) to keep and maintain minutes of each meeting of the statutory operator board, and
(b) to keep and maintain the book (disclosure of material personal interests of operator members) required by section 87 (3), and
(c) to perform other duties as directed by the statutory operator board.
The chief financial officer is:
(a) to be responsible to the statutory operator board for the keeping and maintaining of proper financial records, and
(b) to keep and maintain the records required to be kept by the statutory operator board for the purposes of section 3.13 of the Crown Land Management Act 2016 and section 42 of this Act.
All money received by the statutory operator board is to be deposited to the credit of an account established with any authorised deposit-taking institution in the name of the statutory operator.
Each item of expenditure by or on behalf of the statutory operator board is to be authorised or confirmed for payment, at a duly convened and constituted meeting of the statutory operator board, by tabling and approval of a report by the chief financial officer relating to that item of expenditure.
The regulations may make further provision for or with respect to the functions of statutory operator boards, board members, chief executive officers, chief financial officers, rangers and other officers or employees in connection with the administration, management or operation of statutory operators or their operator boards.
Omit “Crown Lands Act 1989” from the definition of
Insert instead “Crown Land Management Act 2016”.
Omit “section 80 of the Crown Lands Act 1989”.
Insert instead “section 2.3 of the Crown Land Management Act 2016”.
Omit clause 9 (1). Insert instead:
Subject to this Part, the council is to be the sole Crown land manager of the converted land and is taken to have been appointed as the sole Crown land manager under section 3.3 of the Crown Land Management Act 2016.
Insert after clause 2:
A reference in this Schedule to a trust that was a reserve trust for a reserve immediately before the repeal day (or a reference to its trustees) is to be read, on and from that day, as a reference to the Crown land manager of the land that was comprised by that reserve.
Subclause (1) does not affect any matter or thing that had already taken effect before the commencement of this clause.
In this clause:
Omit the subclause. Insert instead:
Section 6.4 and Division 6.3 of the Crown Land Management Act 2016 do not apply to or in respect of the general crematorium lease.
Omit Schedule 6.1 and 6.2.
Omit paragraph (a) of the note to the definition of
Crown land, or part of Crown land, that is dedicated or reserved under the Crown Land Management Act 2016 for use for the purposes of a public cemetery or crematorium (or both),
Insert in alphabetical order:
Omit the definition. Insert instead:
Omit the definition.
Omit “(within the meaning of the Local Government Act 1993)” from paragraph (d).
Coastal Protection Act 1979 No 13Insert in alphabetical order in section 4 (1):
Omit paragraph (a). Insert instead:
Crown land (including Crown managed land), or
Omit section 4C (c). Insert instead:
in relation to Crown land (including Crown managed land)—the Minister administering the Crown Land Management Act 2016,
Omit “Crown Lands Act 1989” from section 6 (1) (b).
Insert instead “Crown Land Management Act 2016”.
Omit “reserve trust within the meaning of Part 5 of the Crown Lands Act 1989”.
Insert instead “Crown land manager within the meaning of the Crown Land Management Act 2016”.
Omit “Crown Lands Act 1989” from section 55N (4).
Insert instead “Crown Land Management Act 2016.
Omit section 55V (c). Insert instead:
the Secretary of the Department of Industry—if the temporary coastal protection works are to be placed on Crown land (including Crown managed land) or the placement or maintenance of those works requires the use or occupation of Crown land (or Crown managed land).
Omit section 55X (3). Insert instead:
For the purposes of subsection (1) (b), public land that is Crown land (including Crown managed land) is taken to be owned by, or under the care, control or management of, the Minister administering the Crown Land Management Act 2016.
Omit section 55ZA (5). Insert instead:
Before giving an order under this section that relates to Crown land (including Crown managed land), a Coastal Authority must consult the Minister administering the Crown Land Management Act 2016.
Omit section 55ZC (7). Insert instead:
Before giving an order under this section that relates to Crown land (including Crown managed land), a Coastal Authority must consult the Minister administering the Crown Land Management Act 2016.
Omit paragraph (b) of the definition of
any dedicated or reserved Crown land under the Crown Land Management Act 2016 of which the National Parks and Wildlife Reserve Trust is the Crown land manager, or
Omit “Crown Lands Act 1989” from paragraph (a).
Insert instead “Crown Land Management Act 2016”.
Omit “under the Western Lands Act 1901” from paragraph (f).
Insert instead “under a Western lands lease within the meaning of Schedule 3 to the Crown Land Management Act 2016”.
Government Information (Public Access) Regulation 2009Omit the matters relating to a local land board under the Crown Lands Act 1989 and reserve trust established under the Crown Lands Act 1989.
Hawkesbury Racecourse Act 1996 No 74Omit the section. Insert instead:
The Hawkesbury Racecourse continues, on and from the repeal day, to be Crown land that is dedicated for the following purposes under the Crown Land Management Act 2016:
(a) for use as a racecourse,
(b) for use as a training ground,
(c) for use as a sports ground,
(d) for any other form of public amusement or public purpose (whether or not related to sports) that the Governor has, by order published in the Gazette (whether before or after the repeal day), declared to be a form of public amusement or public purpose for which the Racecourse or a specified part of the Racecourse is permitted to be used.
Clause 11 of Schedule 7 to the Crown Land Management Act 2016 operated on the repeal day:
(a) to abolish the Hawkesbury Racecourse Reserve Trust, and
(b) to replace it with a statutory land manager under that Act, and
(c) to appoint the members of the trust board of the Hawkesbury Racecourse Reserve Trust as members of the board of the statutory land manager, and
(d) to appoint the statutory land manager as the Crown land manager of the Hawkesbury Racecourse.
Subsection (1) does not limit or prevent the revocation of the dedication of the Hawkesbury Racecourse, or the removal, alteration or addition of purposes for which it is dedicated, in accordance with the provisions of the Crown Land Management Act 2016.
In this section:
Omit the section.
Hunter Water Act 1991 No 53Omit “Crown Lands Act 1989” from paragraph (b) of the definition of
Insert instead “Crown Land Management Act 2016”.
Omit “Crown Lands Act 1989” from section 54 (1).
Insert instead “Crown Land Management Act 2016”.
Omit the subsection. Insert instead:
The Secretary may, in a special area, exercise the functions of a statutory land manager within the meaning of the Crown Land Management Act 2016 that has been appointed as a Crown land manager of dedicated or reserved Crown land under that Act without being appointed as such.
Omit the matter relating to an impounding officer appointed by the Minister administering the Crown Lands Act 1989 from the definition of
Insert instead:
in the case of an impounding officer appointed by the Minister administering the Crown Land Management Act 2016, any Crown land (including Crown managed land) as defined in that Act that is not the subject of a holding (as defined in that Act) or any land in the Western Division (as defined in that Act) that is not within the area of a local council,
Omit the matter relating to an impounding officer appointed by the Western Lands Commissioner.
Omit “Crown Lands Act 1989”.
Insert instead “Crown Land Management Act 2016”.
Omit the matter relating to the Western Lands Commissioner.
Omit the first dot point. Insert instead:
all land, except Crown land (including Crown managed land) as defined in the Crown Land Management Act 2016 for which there is no Crown land manager under that Act, and
Omit clause 18 (b). Insert instead:
each person appointed as a Crown land manager under the Crown Land Management Act 2016 of Crown land or part of Crown land that is dedicated or reserved for the purposes of a public cemetery or crematorium or a related purpose.
Omit “Crown lands, reserves under Part 5 of the Crown Lands Act 1989” from the note.
Insert instead “Crown land (including Crown managed land)”.
Omit “Western Lands Act 1901” from the note.
Insert instead “Crown Land Management Act 2016”.
Omit “Crown Lands Act 1989” from the note at the beginning of Part 2.
Insert instead “Crown Land Management Act 2016”.
Omit “Crown Lands Act 1989” from section 30 (1) (b).
Insert instead “Crown Land Management Act 2016”.
Insert “or the Crown Land Management Act 2016” after “Crown Lands Act 1989” in section 31 (1) (a).
Omit “a Crown reserve” from section 45 (4). Insert instead “Crown managed land”.
Omit “section 98A of the Crown Lands Act 1989” from section 48 (1).
Insert instead “section 2.22 of the Crown Land Management Act 2016”.
Omit “Crown Lands Act 1989” from section 50 (2) (b).
Insert instead “Crown Land Management Act 2016”.
Omit the definition of
Omit “Land to which the Crown Lands Act 1989 applies” and “Land subject to the Trustees of Schools of Arts Enabling Act 1902”.
Insert instead “Land to which the Crown Land Management Act 2016”.
Omit “CROWN LANDS—Crown Lands Act 1989” and “MECHANICS’ INSTITUTES AND SCHOOLS OF ARTS—Trustees of Schools of Arts Enabling Act 1902”.
Insert instead “CROWN LAND—Crown Land Management Act 2016”.
Omit “a reserve within the meaning of Part 5 of the Crown Lands Act 1989” from section 126 (1).
Insert instead “Crown managed land”.
Omit “lands or a reserve within the meaning of Part 5 of the Crown Lands Act 1989 until after the Minister has consulted the Minister administering the Crown Lands Act 1989”.
Insert instead “land or Crown managed land until after the Minister has consulted the Minister administering the Crown Land Management Act 2016”.
Omit “Crown Lands Act 1989” from section 571 (2).
Insert instead “Crown Land Management Act 2016”.
Omit “Crown Lands Act 1989” from section 574 (1).
Insert instead “Crown Land Management Act 2016”.
Omit “Crown Lands Act 1989, the Crown Lands (Continued Tenures) Act 1989 and the Western Lands Act 1901” from section 724 (2) (c).
Insert instead “Crown Land Management Act 2016”.
Omit “Crown land, land within a reserve as defined in Part 5 of the Crown Lands Act 1989” from section 733 (3) (f2).
Insert instead “Crown land (including Crown managed land)”.
Omit the matter relating to the Western Lands Commissioner from section 742 (7).
Omit “trustees of any public reserve, water reserve, or cemetery, or of any land, appointed by or under the Crown Lands Act 1989”.
Insert instead “Crown land manager of any public reserve, water reserve, or cemetery, or of any land, appointed by or under the Crown Land Management Act 2016”.
Omit the definition of
Omit the definition.
Omit the definition. Insert instead:
(a) a public road, or
(b) land to which the Crown Land Management Act 2016 applies, or
(c) a common, or
(d) a regional park under the National Parks and Wildlife Act 1974.
Omit paragraph (g). Insert instead:
Crown managed land that is dedicated or reserved:
(i) for public recreation or for a public cemetery, or
(ii) for a purpose that is declared to be a purpose that falls within the scope of this definition by means of an order published in the Gazette by the Minister administering the Crown Land Management Act 2016,
being Crown managed land in respect of which a council has been appointed as its Crown land manager under that Act or for which no Crown land manager has been appointed, or
Omit “pursuant to section 5 (1) (b)” from the definition of
Insert instead “as referred to in section 5A (1)”.
Omit “the reserve consisting of” from the definition of
Insert in alphabetical order:
Omit the Part. Insert instead:
In this Part:
The Luna Park site continues, on and from the repeal day, to be Crown land that is dedicated under the Crown Land Management Act 2016 for the purposes of public recreation, public amusement and public entertainment.
However, the dedication of the Luna Park site for any of these purposes cannot be revoked under the Crown Land Management Act 2016.
On and from the repeal day:
(a) the Luna Park Reserve Trust in existence immediately before the repeal day (the
existing Luna Park Reserve Trust ) is taken to have been reconstituted as a statutory land manager under the Crown Land Management Act 2016 with the same name (thereconstituted Luna Park Reserve Trust ), and(b) each member of the trust board of the existing Luna Park Reserve Trust immediately before the repeal day is taken to have been appointed as a member of the board of the reconstituted Luna Park Reserve Trust for the balance of their terms of office, and
(c) the reconstituted Luna Park Reserve Trust is taken to have been appointed as the sole Crown land manager under the Crown Land Management Act 2016 of the Luna Park Reserve, and
(d) the reconstituted Luna Park Reserve Trust is taken for all purposes (including the rules of private international law) to be a continuation of, and the same legal entity as, the existing Luna Park Reserve Trust.
As a result of paragraph (d), the reconstituted Luna Park Reserve Trust retains all the assets, rights and liabilities of the existing Luna Park Reserve Trust, subject to subsection (2) (d).
The Crown Land Management Act 2016 applies in relation to the Luna Park Reserve and to the reconstituted Luna Park Reserve Trust in its capacity as its Crown land manager, subject to section 5A (2) and the following modifications:
(a) the Trust’s appointment as the Crown land manager of the Luna Park Reserve cannot be revoked under the Crown Land Management Act 2016,
(b) no other person can be appointed under the Crown Land Management Act 2016 as a Crown land manager of the Luna Park Reserve,
(c) the Trust is taken to have been assigned as a category 2 non-council manager of the Luna Park Reserve for the purposes of Division 3.5 of the Crown Land Management Act 2016,
(d) clause 7 (1) of Schedule 7 to the Crown Land Management Act 2016 is taken to apply to any estate in fee simple in the Luna Park Reserve vested in the existing Luna Park Reserve Trust by section 100 of the Crown Lands Act 1989,
(e) if the Minister is not also the Crown land Minister, the Minister can:
(i) exercise the functions of the Crown land Minister under Part 2 of the Crown Land Management Act 2016 instead of the Crown land Minister in relation to the Luna Park Reserve, except a function under any of the provisions referred to in paragraph (f), and
(ii) grant written consent for the purposes of Division 3.5 of the Crown Land Management Act 2016,
(f) the regulations under this Act may prescribe kinds of functions for the purposes of section 3.27 (2) (c) of the Crown Land Management Act 2016 in addition to any functions prescribed by the regulations under that Act and, consequently, written Ministerial consent is not required for the exercise of such a function by the Trust,
(g) the Crown Land Management Act 2016 does not apply in relation to the Luna Park Reserve or the Trust to the extent provided by other provisions of this Act or the regulations.
If the Minister exercises any function of the Crown land Minister permitted by this section, the exercise of the function has the same effect as if it had been duly exercised by the Crown land Minister.
Any plan of management for the Luna Park Reserve in force immediately before the repeal day continues in force on or after that day as a plan of management for the purposes of Division 3.6 of the Crown Land Management Act 2016, and can be altered or cancelled under that Division accordingly.
The plan of management (or a replacement plan of management) is required to include provision for the following matters:
(a) there must be public access to the boardwalk/foreshore area (within the meaning of Part 2A) at all times,
(b) the use of the Luna Park Reserve must be limited to purposes which are sympathetic to the historic and community significance of the land comprising the Luna Park site,
(c) the following uses of the Luna Park Reserve are to be prohibited:
(i) dwellings and other buildings used or designed or intended for use for the purpose of permanent residential accommodation, hotels, motels, hostels, tourist or other holiday accommodation, caravan parks and other facilities providing for temporary or overnight accommodation,
(ii) the erection of any permanent structure (not including structure in the nature of landscaping) on the land comprised in Lot 1186 in Deposited Plan 48335 is to be prohibited.
This section does not prevent the plan of management including provisions for other matters that are not inconsistent with the matters referred to in subsection (2).
Omit the section. Insert instead:
To avoid doubt, the use of the Luna Park Reserve for the purposes of any use that is authorised under this Act is an authorised purpose for section 2.12 (c) of the Crown Land Management Act 2016 in its application to the Reserve.
Section 2.12 of the Crown Land Management Act 2016 provides that dedicated or reserved Crown land may be used only for the following purposes:
(a) the purposes for which it is dedicated or reserved,
(b) any purpose incidental or ancillary to a purpose for which it is dedicated or reserved,
(c) any other purposes authorised by or under this Act or another Act.
Omit “section 8” from section 6G (4). Insert instead “section 6”.
Omit the Part.
Omit “under section 5” from section 10 (1).
Omit “under section 5” from section 14 (4).
Omit “under section 5” from section 15 (2).
Omit the section.
Omit the section.
Mining Act 1992 No 29Omit “Crown Lands Act 1989” where firstly occurring from section 12 (2A).
Insert instead “Crown Land Management Act 2016”.
Omit “Crown Lands Act 1989, the Crown Lands (Continued Tenures) Act 1989 or the Western Lands Act 1901”.
Insert instead “Crown Land Management Act 2016”.
Omit “Crown Lands Act 1989” from section 76 (2) (b).
Insert instead “Crown Land Management Act 2016”.
Omit “section 35S of the Western Lands Act 1901” from section 164 (2).
Insert instead “Part 6 of Schedule 3 to the Crown Land Management Act 2016”.
Omit “lease for residential purposes under the Western Lands Act 1901” from section 188 (2A) (b).
Insert instead “Western lands lease (as defined in Schedule 3 to the Crown Land Management Act 2016) for residential purposes”.
Omit “section 35S of the Western Lands Act 1901” from section 211 (2) (a).
Insert instead “Part 6 of Schedule 3 to the Crown Land Management Act 2016”.
Omit section 220 (2) and (3). Insert instead:
For the purposes of this section,
(a) any land held under a lease or licence for grazing purposes under the Crown Land Management Act 2016, or
(b) Crown land other than:
(i) land that is held under a lease or licence (not being a lease or licence referred to in paragraph (a)) under the Crown Land Management Act 2016, or
(ii) land in respect of which a Crown land manager has been appointed or that is under the control of a council pursuant to section 48 of the Local Government Act 1993, or
(iii) land that is subject to an easement, or
(iv) any land of a class or description prescribed by the regulations.
In subsection (2):
Omit “section 35S of the Western Lands Act 1901” from section 235C (2) (a).
Insert instead “Part 6 of Schedule 3 to the Crown Land Management Act 2016”.
Omit the definition of
(a) a lease or licence under the Crown Land Management Act 2016, or
(b) any continued incomplete tenure purchase within the meaning of Schedule 1 to the Crown Land Management Act 2016.
Omit the definition of
Omit “granted under the Crown Lands Act 1989” from paragraph (c).
Insert instead “under the Crown Land Management Act 2016”.
Omit paragraph (d). Insert instead:
the holder of a continued tenure within the meaning of Schedule 1 to the Crown Land Management Act 2016, or
Omit paragraph (f).
Omit “Crown Lands Act 1989” from paragraph (g) (iii).
Insert instead “Crown Land Management Act 2016”.
Omit “has the same meaning as in the Crown Lands (Continued Tenures) Act 1989”.
Insert instead “means a continued permissive occupancy within the meaning of Schedule 1 to the Crown Land Management Act 2016”.
National Park Estate (Land Transfers) Act 1998 No 163Omit “Crown Lands Act 1989” from paragraph (d) of the definition of
Insert instead “Crown Land Management Act 2016”.
Omit the section. Insert instead:
Any land described in Schedule 4 (the
This section was substituted on the repeal day by the Crown Land Legislation Amendment Act 2017.
On and from the repeal day:
(a) the National Parks and Wildlife Reserve Trust in existence immediately before the repeal day (the
existing National Parks and Wildlife Reserve Trust ) is taken to have been reconstituted as a statutory land manager under the Crown Land Management Act 2016 with the same name (thereconstituted National Parks and Wildlife Reserve Trust ), and(b) the Chief Executive of the Office of Environment and Heritage is taken to control the affairs of the reconstituted National Parks and Wildlife Reserve Trust for the purposes of clause 5 of Schedule 5 to the Crown Land Management Act 2016, and
(c) the reconstituted National Parks and Wildlife Reserve Trust is taken to have been appointed as the sole Crown land manager under the Crown Land Management Act 2016 of the dedicated land, and
(d) the reconstituted National Parks and Wildlife Reserve Trust is taken for all purposes (including the rules of private international law) to be a continuation of, and the same legal entity as, the existing National Parks and Wildlife Reserve Trust.
As a result of paragraph (d), the reconstituted National Parks and Wildlife Reserve Trust retains all the assets, rights and liabilities of the existing National Parks and Wildlife Reserve Trust, subject to subsection (3) (d).
The Crown Land Management Act 2016 applies in relation to the dedicated land and to the reconstituted National Parks and Wildlife Reserve Trust in its capacity as its Crown land manager, subject to the following modifications:
(a) the Trust’s appointment as the Crown land manager of the dedicated land cannot be revoked under the Crown Land Management Act 2016,
(b) no other person can be appointed under the Crown Land Management Act 2016 as a Crown land manager of the dedicated land,
(c) the Trust is taken to have been assigned as a category 2 non-council manager of the dedicated land for the purposes of Division 3.5 of the Crown Land Management Act 2016,
(d) clause 7 (1) of Schedule 7 to the Crown Land Management Act 2016 is taken to extend to any estate in fee simple in the dedicated land vested in the existing National Parks and Wildlife Reserve Trust by section 100 of the Crown Lands Act 1989,
(e) if the Minister is not also the Crown land Minister, the Minister can:
(i) exercise the functions of the Crown land Minister under Part 2 of the Crown Land Management Act 2016 instead of the Crown land Minister in relation to the dedicated land, except a function under any of the provisions referred to in paragraph (f), and
(ii) grant written consent for the purposes of Division 3.5 of the Crown Land Management Act 2016,
(f) the regulations under this Act may prescribe kinds of functions for the purposes of section 3.27 (2) (c) of the Crown Land Management Act 2016 in addition to any functions prescribed by the regulations under that Act and, consequently, written Ministerial consent is not required for the exercise of such a function by the Trust,
(g) the Crown Land Management Act 2016 does not apply in relation to the dedicated land or the Trust to the extent provided by other provisions of this Act or the regulations.
If the Minister exercises any function of the Crown land Minister permitted by this section, the exercise of the function has the same effect as if it had been duly exercised by the Crown land Minister.
Nothing in this section prevents any land to which this section applies from being reserved, dedicated or acquired under the National Parks and Wildlife Act 1974.
In this section:
Omit “perpetual lease, special lease or term lease within the meaning of the Crown Lands (Continued Tenures) Act 1989” from section 10 (2).
Insert instead “continued perpetual lease, continued special lease or continued term lease within the meaning of Schedule 1 to the Crown Land Management Act 2016”.
Omit the heading. Insert instead:
Omit clause 1 (1) (b). Insert instead:
under a continued perpetual lease, continued special lease or continued term lease within the meaning of Schedule 1 to the Crown Land Management Act 2016,
Omit “Crown Lands Act 1989”. Insert instead “Crown Land Management Act 2016”.
Omit the paragraphs. Insert instead:
in respect of interests that were existing interests under the former Crown Lands Act 1989 or Crown Lands (Continued Tenures) Act 1989—the powers of the Minister administering the Crown Land Management Act 2016.
Omit “Crown Lands Act 1989” from paragraph (b) of the definition of
Insert instead “Crown Land Management Act 2016”.
Omit the clause. Insert instead:
The following provisions apply to access roads referred to in clause 7 (2) (a)–(c) within the lands referred to in Schedule 4 immediately before the commencement of Part 2 of this Act:
(a) the access roads may continue, subject to this clause and the Crown Land Management Act 2016, to be used for the purposes for which they were used immediately before the commencement of Part 2 of this Act,
(b) the Trust may not close any such access road while it comprises the only practical means of access to a private land holding (within the meaning of clause 7),
(c) the Trust may, in accordance with the Crown Land Management Act 2016, grant any right over, or interest in, the land for the purpose of its continued use as an access road.
In this clause:
Omit “Crown Lands Act 1989” from the definition of
Insert instead “Crown Land Management Act 2016”.
Omit “perpetual lease, special lease or term lease within the meaning of the Crown Lands (Continued Tenures) Act 1989 (or from rights or interests arising under an incomplete purchase within the meaning of that Act)” from section 8 (2).
Insert instead “continued perpetual lease, continued special lease or continued term lease within the meaning of Schedule 1 to the Crown Land Management Act 2016 (or from rights or interests arising under an incomplete purchase within the meaning of that Act of land that was formerly under a lease of that kind)”.
Omit “Crown Lands Act 1989” from section 11 (4) (c).
Insert instead “Crown Land Management Act 2016”.
Omit “perpetual lease, a special lease or a term lease within the meaning of the Crown Lands (Continued Tenures) Act 1989” from clause 1 (1) (b).
Insert instead “continued perpetual lease, a continued special lease or a continued term lease within the meaning of Schedule 1 to the Crown Land Management Act 2016”.
Omit “incomplete purchase within the meaning of the Crown Lands (Continued Tenures) Act 1989”.
Insert instead “incomplete purchase within the meaning of the Crown Land Management Act 2016 if the land was formerly under a lease of the kind referred to in paragraph (b)”.
Omit “Crown Lands Act 1989”. Insert instead “Crown Land Management Act 2016”.
Omit “Section 109 of the Crown Lands Act 1989 does not apply to or in respect of a lease or licence granted by a reserve trust under that Act”.
Insert instead “Section 3.43 of the Crown Land Management Act 2016 does not apply to or in respect of a lease or licence granted by a reserve trust under the Crown Lands Act 1989”.
Omit “Crown Lands (Continued Tenures) Act 1989”.
Insert instead “Crown Land Management Act 2016”.
Omit “perpetual lease, special lease or term lease within the meaning of the Crown Lands (Continued Tenures) Act 1989 (or rights or interests arising under an incomplete purchase within the meaning of that Act)”.
Insert instead “continued perpetual lease, continued special lease or continued term lease within the meaning of Schedule 1 to the Crown Land Management Act 2016 (or rights or interests arising under an incomplete purchase within the meaning of that Act of land that was formerly under a lease of that kind)”.
Omit “Crown Lands Act 1989” from paragraph (b) of the definition of
Insert instead “Crown Land Management Act 2016”.
National Park Estate (Southern Region Reservations) Act 2000 No 103Omit “Crown Lands Act 1989” wherever occurring in the definitions of
Insert instead “Crown Land Management Act 2016”.
Insert in alphabetical order:
Omit the section. Insert instead:
Any land described in Schedule 4 (the
The National Parks and Wildlife Reserve Trust is taken to have been appointed on and from the repeal day as the sole Crown land manager under the Crown Land Management Act 2016 of the dedicated land.
The Crown Land Management Act 2016 applies in relation to the dedicated land and to the National Parks and Wildlife Reserve Trust in its capacity as its Crown land manager, subject to the following modifications:
(a) the Trust’s appointment as the Crown land manager of the dedicated land cannot be revoked under the Crown Land Management Act 2016,
(b) no other person can be appointed under the Crown Land Management Act 2016 as a Crown land manager of the dedicated land,
(c) the Trust is taken to have been assigned as a category 2 non-council manager of the dedicated land for the purposes of Division 3.5 of the Crown Land Management Act 2016,
(d) clause 7 (1) of Schedule 7 to the Crown Land Management Act 2016 is taken to extend to any estate in fee simple in the dedicated land vested in the National Parks and Wildlife Reserve Trust (before it was reconstituted) by section 100 of the Crown Lands Act 1989,
(e) if the Minister is not also the Crown land Minister, the Minister can:
(i) exercise the functions of the Crown land Minister under Part 2 of the Crown Land Management Act 2016 instead of the Crown land Minister in relation to the dedicated land, except a function under any of the provisions referred to in paragraph (f), and
(ii) grant written consent for the purposes of Division 3.5 of the Crown Land Management Act 2016,
(f) the regulations under this Act may prescribe kinds of functions for the purposes of section 3.27 (2) (c) of the Crown Land Management Act 2016 in addition to any functions prescribed by the regulations under that Act and, consequently, written Ministerial consent is not required for the exercise of such a function by the Trust,
(g) the Crown Land Management Act 2016 does not apply in relation to the dedicated land or the Trust to the extent provided by other provisions of this Act or the regulations.
If the Minister exercises any function of the Crown land Minister permitted by this section, the exercise of the function has the same effect as if it had been duly exercised by the Crown land Minister.
In this section:
Omit “perpetual lease, special lease or term lease within the meaning of the Crown Lands (Continued Tenures) Act 1989 (or from rights or interests arising under an incomplete purchase within the meaning of that Act)” from section 9 (2).
Insert instead “continued perpetual lease, continued special lease or continued term lease within the meaning of Schedule 1 to the Crown Land Management Act 2016 (or from rights or interests arising under an incomplete purchase within the meaning of that Act of land that was formerly under a lease of that kind)”.
Omit “Crown Lands Act 1989” from section 10 (4) (c).
Insert instead “Crown Land Management Act 2016”.
Omit “Part 5 of the Crown Lands Act 1989” from section 11 (2) (b).
Insert instead “the Crown Land Management Act 2016”.
Omit the heading. Insert instead:
Omit clause 1 (1) (b) and (c). Insert instead:
a person holds under a continued perpetual lease, continued special lease or continued term lease within the meaning of Schedule 1 to the Crown Land Management Act 2016, or
is comprised of a continued incomplete tenure purchase within the meaning of Schedule 1 to the Crown Land Management Act 2016,
Omit “Crown Lands Act 1989”. Insert instead “Crown Land Management Act 2016”.
Omit the paragraphs. Insert instead:
in respect of interests that were existing interests under the former Crown Lands Act 1989 or Crown Lands (Continued Tenures) Act 1989—the powers of the Minister administering the Crown Land Management Act 2016.
Omit “Crown Lands Act 1989” from paragraph (b) of the definition of
Insert instead “Crown Land Management Act 2016”.
Omit the clause. Insert instead:
The following provisions apply to access roads referred to in clause 8 (2) (a)–(c) within the lands referred to in Schedule 4 immediately before the commencement of this Act:
(a) the access roads may continue, subject to this clause and the Crown Land Management Act 2016, to be used for the purposes for which they were used immediately before the commencement of this Act,
(b) the National Parks and Wildlife Reserve Trust may not close any such access road while it comprises the only practical means of access to a private land holding (within the meaning of clause 8),
(c) the National Parks and Wildlife Reserve Trust may, in accordance with the Crown Land Management Act 2016, grant any right over, or interest in, the land for the purpose of its continued use as an access road.
Omit the clause. Insert instead:
This clause has effect for the purposes of section 11 (2).
The land referred to in section 11 (2) (b) (the
Clause 11 of Schedule 7 to the Crown Land Management Act 2016 operated on the repeal day:
(a) to abolish the Burrinjuck Waters State Park Trust, and
(b) to replace it with a statutory land manager under that Act, and
(c) to appoint the members of the trust board of the Burrinjuck Waters State Park Trust as members of the board of the statutory land manager, and
(d) to appoint the statutory land manager as the Crown land manager of the land comprised by the Burrinjuck State Recreation Area.
In this clause:
Omit “Crown Lands Act 1989” from paragraph (a) of the definition of
Insert instead “Crown Land Management Act 2016”.
Omit the definition. Insert instead:
Omit “Crown Lands Consolidation Act 1913” from paragraph (b).
Insert instead “Crown Land Management Act 2016”.
Omit the subsection. Insert instead:
In this Act, a reference to the Minister administering the Crown Land Management Act 2016 is:
(a) in relation to lands that are not within an area that was an irrigation area within the meaning of the Crown Lands Act 1989 immediately before its repeal—a reference to the Minister administering the Crown Land Management Act 2016, or
(b) in relation to lands that are within such an irrigation area—a reference to the Minister administering the Water Management Act 2000.
Omit “trustees of any lands dedicated or reserved under the Crown Lands Consolidation Act 1913, or the Closer Settlement Acts,” from section 8 (7) (d).
Insert instead “Crown land managers of any dedicated or reserved Crown land under the Crown Land Management Act 2016”.
Omit “trustee” from section 12 (a). Insert instead “Crown land manager”.
Omit section 21 (3) (c) (i). Insert instead:
on the Minister by section 5.57 (3) of the Crown Land Management Act 2016, or
Omit section 30B (d). Insert instead:
land in respect of which the National Parks and Wildlife Reserve Trust is appointed the Crown land manager under section 9 of the National Park Estate (Land Transfers) Act 1998 or under section 8 of the National Park Estate (Southern Region Reservations) Act 2000, or
Omit “Crown Lands Acts (within the meaning of the Crown Lands Act 1989)”.
Insert instead “Crown Land Acts (within the meaning of the Crown Land Management Act 2016)”.
Omit “Crown Lands Consolidation Act 1913” from section 40 (1).
Insert instead “Crown Land Management Act 2016”.
Omit “Part 5 of the Crown Lands Act 1989” from section 471 (2).
Insert instead “Parts 2 and 3 of the Crown Land Management Act 2016”.
Omit section 47J (7) (a)–(c). Insert instead:
where the lands are not within an area that was an irrigation area as defined in the Crown Lands Act 1989 immediately before its repeal—the Minister, or
where the lands are within such an irrigation area—the Minister administering the Water Management Act 2000.
Omit section 47N (2) (b)–(d).
Insert after section 47N (2):
Any land that was taken to be dedicated for the purposes of public recreation under Part 5 of the Crown Lands Act 1989 immediately before the day on which that Act was repealed by the Crown Land Management Act 2016 continues, on and from that day, to be Crown land dedicated for the same purposes under the Crown Land Management Act 2016.
Clause 11 of Schedule 7 to the Crown Land Management Act 2016 operated on the day the Crown Lands Act 1989 was repealed:
(a) to abolish the reserve trust for the land, and
(b) to replace it with a statutory land manager under that Act, and
(c) to appoint the members of the trust board of the reserve trust as members of the board of the statutory land manager, and
(d) to appoint the statutory land manager as the Crown land manager of the land.
Omit “Part 5 of the Crown Lands Act 1989” from section 47Z (2).
Insert instead “Parts 2 and 3 of the Crown Land Management Act 2016”.
Omit “Crown Lands Consolidation Act 1913” from section 53 (1).
Insert instead “Crown Land Management Act 2016”.
Omit “Crown Lands Act 1989”. Insert instead “Crown Land Management Act 2016”.
Omit “Crown Lands Consolidation Act 1913” from section 68 (3) (a) (i).
Insert instead “Crown Land Management Act 2016”.
Omit the definition of
Omit section 69B (2). Insert instead:
The Minister must not enter a conservation agreement for land leased under the Crown Land Management Act 2016 except with the consent of the Minister administering that Act.
Omit section 69K (5). Insert instead:
This section does not apply to land leased by a person (other than a statutory authority or a Minister) under the Crown Land Management Act 2016.
Omit “trustee” wherever occurring in section 138 (1) (a1) and (b) (i), (iiia) and (vii).
Insert instead “the Crown land manager”.
Omit “trustee” from section 139 (2) (b1). Insert instead “the Crown land manager”.
Omit “Western Lands Act 1901” from section 153E (4).
Insert instead “Crown Land Management Act 2016”.
Omit “a by-law might be made under the Crown Lands Act 1989 in relation to a reserve within the meaning of Part 5 of that Act” from section 155 (2C).
Insert instead “regulations may be made for the purposes of section 9.25 of the Crown Land Management Act 2016 in relation to dedicated or reserved Crown land”.
Omit “, the Crown Lands Act 1989, the Crown Lands (Continued Tenures) Act 1989 or the Western Lands Act 1901” from section 187 (1).
Insert instead “or Crown land Acts”.
Omit the paragraphs. Insert instead:
in respect of existing interests under the Crown land Acts, the powers of the Minister administering the Crown Land Management Act 2016.
Insert after section 187 (3):
In this section:
(a) the Crown Land Management Act 2016,
(b) the Crown Lands Act 1989,
(c) the Crown Lands (Continued Tenures) Act 1989,
(d) the Western Lands Act 1901.
Omit paragraph (a) of the definition of
Insert instead:
the use of which is authorised under the Forestry Act 2012 or Crown Land Management Act 2016, or
Omit “Crown Lands Act 1989” from section 188C (4) (b).
Insert instead “Crown Land Management Act 2016”.
Insert after clause 3 (3):
Despite subclause (3) (b), the land becomes subject to the Crown Land Management Act 2016 on the repeal of the Crown Lands Act 1989.
Insert at the end of the clause:
Despite subclause (1) (b), the land continues as Crown land under the Crown Land Management Act 2016 on the repeal of the Crown Lands Act 1989.
Omit clause 41 (e). Insert instead:
land that is under the care, control and management of:
(i) the Minister for Primary Industries, or
(ii) the Lands Administration Ministerial Corporation constituted by the Crown Land Management Act 2016, or
(iii) a person employed in Property NSW who is the administrator of a statutory land manager appointed under Schedule 5 to the Crown Land Management Act 2016,
but excluding any land subject to a holding or enclosure permit (within the meaning of the Crown Land Management Act 2016).
Omit “the Western Lands Act 1901” from clause 45 (1) (e).
Insert instead “a Western lands lease (within the meaning of Schedule 3 to the Crown Land Management Act 2016)”.
Sydney Cricket and Sports Ground Act 1978 No 72Omit the definition of
(a) the land described in Part 1 of Schedule 2, and
(b) the land described in Part 2 of Schedule 2, and
(c) the land described in Part 3 of Schedule 2.
Omit the Part. Insert instead:
In this Part:
The scheduled lands continue, on and from the repeal day, to be Crown land dedicated for the purpose of public recreation under the Crown Land Management Act 2016.
However, the dedication of any of the scheduled lands cannot be revoked unless it is by an Act of Parliament.
The Trust is taken, on and from the repeal day, to have been appointed as the sole Crown land manager under the Crown Land Management Act 2016 of the scheduled lands.
The Crown Land Management Act 2016 applies in relation to the scheduled lands and to the Trust in its capacity as their Crown land manager, subject to the following modifications:
(a) the Trust’s appointment as the Crown land manager of the scheduled lands cannot be revoked under the Crown Land Management Act 2016,
(b) no other person can be appointed under the Crown Land Management Act 2016 as a Crown land manager of the scheduled lands,
(c) the Trust is taken to have been assigned as a category 1 non-council manager of the scheduled land for the purposes of Division 3.5 of the Crown Land Management Act 2016,
(d) clause 7 (1) of Schedule 7 to the Crown Land Management Act 2016 is taken to apply to any estate in fee simple in the scheduled lands vested in the Trust by section 12 (1) of this Act (as in force immediately before the repeal day) in the same way as it applies to an estate in fee simple vested in a reserve trust by section 100 of the Crown Lands Act 1989,
(e) if the Minister is not also the Crown land Minister, the Minister can:
(i) exercise the functions of the Crown land Minister under Part 2 of the Crown Land Management Act 2016 instead of the Crown land Minister in relation to the scheduled lands, except a function under any of the provisions referred to in paragraph (f), and
(ii) grant written consent for the purposes of Division 3.5 of the Crown Land Management Act 2016,
(f) the regulations under this Act may prescribe kinds of functions for the purposes of section 3.26 (2) (d) of the Crown Land Management Act 2016 in addition to any functions prescribed by the regulations under that Act and, consequently, written Ministerial consent is not required for the exercise of such a function by the Trust,
(g) the following provisions of the Crown Land Management Act 2016 do not apply in relation to the scheduled lands or the Trust:
(i) Division 2.2,
(ii) Division 2.4 (except for sections 2.12 and 2.14),
(iii) section 2.21,
(iv) Division 3.2,
(v) sections 3.14, 3.15, 3.16 and 3.18,
(vi) sections 3.29, 3.30 and 3.31,
(vii) Division 3.6,
(viii) section 3.45,
(ix) sections 9.12 and 9.25,
(x) Schedule 5,
(xi) any other provisions prescribed by the regulations.
If the Minister exercises any function of the Crown land Minister permitted by this section, the exercise of the function has the same effect as if it had been duly exercised by the Crown land Minister.
Omit section 16E (2). Insert instead:
To avoid doubt, a permissible purpose is a purpose authorised by this Act for section 2.12 of the Crown Land Management Act 2016 in its application to the scheduled lands.
Section 2.12 of the Crown Land Management Act 2016 provides that dedicated or reserved Crown land may be used only for the following purposes:
(a) the purposes for which it is dedicated or reserved,
(b) any purpose incidental or ancillary to a purpose for which it is dedicated or reserved,
(c) any other purposes authorised by or under that Act or another Act.
Omit “(Sections 4, 8, 9)”. Insert instead “(Section 4)”.
Wagga Wagga Racecourse Act 1993 No 109Omit the section. Insert instead:
The Wagga Wagga Racecourse continues, on and from the repeal day, to be Crown land that is dedicated for the following purposes under the Crown Land Management Act 2016:
(a) for use as a racecourse,
(b) for use as a training ground,
(c) for use as a sports ground,
(d) for any other form of public amusement or public purpose (whether or not related to sports) that the Governor has, by order published in the Gazette (whether before or after the repeal day), declared to be a form of public amusement or public purpose for which the Racecourse or a specified part of the Racecourse is permitted to be used.
Clause 11 of Schedule 7 to the Crown Land Management Act 2016 operated on the repeal day:
(a) to abolish the Wagga Wagga Racecourse Reserve Trust, and
(b) to replace it with a statutory land manager under that Act, and
(c) to appoint the members of the trust board of the Wagga Wagga Racecourse Reserve Trust as members of the board of the statutory land manager, and
(d) to appoint the statutory land manager as the Crown land manager of the Wagga Wagga Racecourse.
Subsection (1) does not limit or prevent the revocation of the dedication of the Wagga Wagga Racecourse, or the removal, alteration or addition of purposes for which it is dedicated, in accordance with the provisions of the Crown Land Management Act 2016.
In this section:
Omit the section.
Water NSW Act 2014 No 74Omit “Crown Lands Act 1989” from paragraph (b) of the definition of
Insert instead “Crown Land Management Act 2016”.
Omit “Crown Lands Act 1989” from section 28 (4).
Insert instead “Crown Land Management Act 2016”.
Omit “Crown Lands Act 1989” from section 49 (1).
Insert instead “Crown Land Management Act 2016”.
Omit the subsection. Insert instead:
The Regulatory Authority may, in a special area, exercise the functions of a statutory land manager within the meaning of the Crown Land Management Act 2016 that has been appointed as a Crown land manager of dedicated or reserved Crown land under that Act without being appointed as such.
Omit “Crown Lands Act 1989” from section 18 (2) (a).
Insert instead “Crown Land Management Act 2016”.
Omit section 29 (2). Insert instead:
The provisions of the Cemeteries and Crematoria Act 2013 and the regulations under that Act relating to cemeteries and crematoria apply to Trust land used for those purposes in the same way as it applies to Crown land reserved under the Crown Land Management Act 2016 for those purposes and those provisions apply:
(a) as if a reference to a Crown cemetery operator were a reference to the Trust, and
(b) with such other modifications as may be prescribed by the regulations.
Omit “Crown Lands Act 1989” from section 36 (5).
Insert instead “Crown Land Management Act 2016”.
Omit section 37 (1) (a). Insert instead:
a lease, licence, permit, authority, authorisation or occupancy in respect of land referred to in Schedule 3 under the National Parks and Wildlife Act 1974 or the Crown Land Management Act 2016 (or rights or interests arising under an incomplete purchase within the meaning of the Crown Land Management Act 2016 if the land was formerly under a perpetual lease, special lease or term lease of the kind referred to in Schedule 1 to that Act), and
Omit the paragraphs. Insert instead:
in respect of existing interests under the Crown Land Management Act 2016—the powers of the Minister administering that Act.
Insert after section 18 (1) (c1):
appeals under section 38C or 38F of the Roads Act 1993,
Omit section 5 (3) (b). Insert instead:
by or under section 5.43 of the Crown Land Management Act 2016.
Insert “administering the Crown Land Management Act 2016” after “Minister” in section 7 (2).
Insert after the heading of the Part:
In this Part:
(a) a network operator within the meaning of the Electricity Supply Act 1995 for a transmission system or distribution system (as defined in that Act) for an area that includes the whole or part of the road,
Omit the definitions of
Insert in alphabetical order:
Omit “permissive occupancy” from section 36A (2).
Insert instead “continued permissive occupancy”.
Omit the definitions of
Insert in alphabetical order:
Omit “section 170 of the Crown Lands Act 1989” from section 45B (2).
Insert instead “section 13.1 of the Crown Land Management Act 2016”.
Omit “Crown Lands Acts” from section 105A (1) (r).
Insert instead “Crown Land Management Act 2016”.
Omit “Western Lands Act 1901”.
Residential Tenancies Act 2010 No 42Omit “the Crown Lands Act 1989, the Western Lands Act 1901 or the Crown Lands (Continued Tenures) Act 1989,” from section 8 (1) (e).
Insert instead “the Crown Land Management Act 2016,”.
Restricted Premises Act 1943 No 6Omit section 17 (6) (b). Insert instead:
in relation to such part of the land in the Western Division as is not in a local government area—as a reference to a person appointed under subsection (6A), and
Insert after section 17 (6):
The Minister may appoint a person to exercise the functions of a local council for the purposes of this section for land within the Western Division that is not within a local government area.
The Minister may revoke an appointment under subsection (6A) at any time or for any reason.
A person appointed under subsection (6A) (except a person who is an employee of a government sector agency within the meaning of the Government Sector Employment Act 2013) is entitled to be paid the remuneration (including travelling and subsistence allowances) that the Minister may from time to time determine in respect of the person.
Insert in alphabetical order:
Omit section 14 (2).
Royal Botanic Gardens and Domain Trust Act 1980 No 19Omit “Crown lands, within the meaning of the Crown Lands Consolidation Act 1913,” from section 19 (1B) (a).
Insert instead “Crown land, within the meaning of the Crown Land Management Act 2016,”.
Rural Assistance Act 1989 No 97Omit paragraph (a) of the definition of
the Crown Land Acts within the meaning of the Crown Land Management Act 2016, or
Omit the note to section 6 (1). Insert instead:
The Dictionary defines
Insert after section 7:
The Minister may appoint a person to be the local authority for the purposes of this Act for land within the Western Division that is not within a local government area.
The Minister may revoke an appointment under this section at any time or for any reason.
A person appointed under this section (except a person who is an employee of a government sector agency within the meaning of the Government Sector Employment Act 2013) is entitled to be paid the remuneration (including travelling and subsistence allowances) that the Minister may from time to time determine in respect of the person.
Omit “Crown Lands Act 1989” where firstly occurring in the definition of
Insert instead “Crown Land Management Act 2016”.
Omit the note.
Omit paragraph (b). Insert instead:
in relation to land within the Western Division (other than land referred to in paragraph (a))—the person appointed under section 7A, or
Omit the definition. Insert instead:
Omit “Crown Lands Act 1989”. Insert instead “Crown Land Management Act 2016”.
Soil Conservation Act 1938 No 10Omit the definition of
Omit “Crown Lands Acts” wherever occurring. Insert instead “Crown Land Acts”.
Omit the section. Insert instead:
Nothing in this Part authorises the service of a notice on the lessee or occupier of, or the holder or grantee of any timber rights over, a Western lands lease (within the meaning of Schedule 3 to the Crown Land Management Act 2016).
If the Commissioner is of the opinion that a notice under section 15A would have been served in respect of an area of land leased under a Western lands lease if the land were not so leased, the Commissioner may notify the Minister administering the Crown Land Management Act 2016 of the requirements that would have been included in such a notice.
The Minister administering the Crown Land Management Act 2016 may, under the authority of that Act, attach conditions to, or give directions under a condition attaching to, a Western lands lease for the purpose of achieving compliance with such of the requirements notified to the Minister administering the Crown Land Management Act 2016 in respect of the land leased as have been agreed to by the Minister administering the Crown Land Management Act 2016.
Omit “Crown lands” from section 17 (8). Insert instead “Crown land”.
Omit the section. Insert instead:
This section applies to the following leases:
(a) a continued perpetual lease within the meaning of Schedule 1 to the Crown Land Management Act 2016 that was formerly a homestead selection,
(b) any other lease under the Crown Land Management Act 2016 (except a lease within an area that was an irrigation area within the meaning of the Crown Lands Act 1989 immediately before its repeal).
If the Minister is satisfied that compliance with any covenant, condition or provision of a lease to which this section applies would tend to cause erosion of any land, the Minister may advise the Minister for Lands and Forestry that this is the case.
If the Minister has advised under subsection (2), the Minister may vary, modify, revoke or add to the covenants, conditions or provisions by:
(a) before a folio is created in the Register kept under the Real Property Act 1900 in respect of the lease—giving a written direction that the covenant, condition or provision of the lease ceases to attach or apply to the lease on the creation of the folio, or
(b) after a folio in the Register is created in respect of the lease—giving a written direction that the covenant, condition or provision of the lease ceases to attach or apply to the lease from the date of the direction.
The Registrar-General must give effect to the direction.
Omit “Crown Lands Act 1989” wherever occurring in clause 45 (3) and (4).
Insert instead “Crown Land Management Act 2016”.
Omit the definition of
Omit “Crown Lands Act 1989” wherever occurring in clause 46 (2) and (3).
Insert instead “Crown Land Management Act 2016”.
Omit “Crown Lands Act 1989” wherever occurring in clause 48 (4) (a) and (5).
Insert instead “Crown Land Management Act 2016”.
Swimming Pools Act 1992 No 49Omit paragraph (b) of the definition of
an area within the Western Division that is not within the area of a council within the meaning of the Local Government Act 1993, or
Omit paragraph (b). Insert instead:
in relation to premises that are situated within an area within the Western Division that is not within the area of a council within the meaning of the Local Government Act 1993—the person appointed under section 3A, or
Insert in alphabetical order:
Insert after section 3:
The Minister may appoint a person to be the local authority for the purposes of this Act for land within the Western Division that is not the area of a council.
The Minister may revoke an appointment under this section at any time or for any reason.
A person appointed under this section (except a person who is an employee of a government sector agency within the meaning of the Government Sector Employment Act 2013) is entitled to be paid the remuneration (including travelling and subsistence allowances) that the Minister may from time to time determine in respect of the person.
Omit “Crown Lands Act 1989” from section 53 (2) (a).
Insert instead “Crown Land Management Act 2016”.
Omit “Crown Lands Act 1989” from section 81 (a).
Insert instead “Crown Land Management Act 2016”.
Sydney Water Act 1994 No 88Omit “Crown Lands Act 1989” from paragraph (b) of the definition of
Insert instead “Crown Land Management Act 2016”.
Technical and Further Education Commission Act 1990 No 118Omit “Crown Lands Act 1989” from section 26 (1) (a).
Insert instead “Crown Land Management Act 2016”.
The Presbyterian Church (New South Wales) Property Trust Act 1936Omit section 14A (2).
Threatened Species Conservation Act 1995 No 101Omit “Crown Lands Act 1989” from paragraph (a) (ii) of the definition of
Insert instead “Crown Land Management Act 2016”.
Omit “Crown Lands Act 1989, the Crown Lands (Continued Tenures) Act 1989 or the Western Lands Act 1901)”.
Insert instead “Crown Land Management Act 2016”.
Omit section 126L (1) (k). Insert instead:
the adoption of a plan of management (whether under the Crown Land Management Act 2016 or the Local Government Act 1993) for Crown managed land within the meaning of the Crown Land Management Act 2016,
Omit “Crown Lands Act 1989” from section 126ZH (4).
Insert instead “Crown Land Management Act 2016”.
Omit “Crown Lands Act 1989” from section 127F (5).
Insert instead “Crown Land Management Act 2016”.
Threatened Species Conservation (Biodiversity Banking) Regulation 2008Omit “Part 4A of the Crown Lands Act 1989” from clause 4 (1) (a).
Insert instead “the Crown Land Management Act 2016”.
Trees (Disputes Between Neighbours) Act 2006 No 126Omit “Crown Lands Act 1989, and includes land dedicated for a public purpose under Part 5 of that Act” from the definition of
Insert instead “Crown Land Management Act 2016”.
Trustee Act 1925 No 14Omit “Crown Lands Act 1989” from section 9 (3A).
Insert instead “Crown Land Management Act 2016”.
Omit “Crown Lands Act 1989” from section 78 (4).
Insert instead “Crown Land Management Act 2016”.
Tweed River Entrance Sand Bypassing Act 1995 No 55Omit “Crown Lands Act 1989” wherever occurring in section 9 (5).
Insert instead “Crown Land Management Act 2016”.
Valuation of Land Act 1916 No 2Omit the definition of
Omit “Western Lands Commissioner” from section 14A (2) (b).
Insert instead “Secretary of the Department of Industry”.
Omit “lease under the Western Lands Act 1901” from section 14C (1) (a).
Insert instead “Western lands lease (within the meaning of Schedule 3 to the Crown Land Management Act 2016)”.
Omit “Western Lands Act 1901”.
Insert instead “Crown Land Management Act 2016”.
Omit section 14I (2) (a) and (b). Insert instead:
a holding or enclosure permit within the meaning of the Crown Land Management Act 2016,
a continued permissive occupancy within the meaning of Schedule 1 to the Crown Land Management Act 2016,
Omit “Crown Lands Consolidation Act 1913” from section 7A (2).
Insert instead “Crown Land Management Act 2016”.
Water Act 1912 No 44Omit “Director-General” and “Director-General’s” wherever occurring.
Insert instead “Secretary” and “Secretary’s”, respectively.
Omit the definitions of
Insert in alphabetical order, respectively:
Omit the definition. Insert instead:
Omit “Crown Lands Acts”. Insert instead “Crown Land Acts”.
Omit “of the Department of Land and Water Conservation”.
Water Management Act 2000 No 92Omit “Crown Lands Act 1989” from section 303 (1).
Insert instead “Crown Land Management Act 2016”.
Omit “trustee appointed under Part 5 of the Crown Lands Act 1989”.
Insert instead “Crown land manager under the Crown Land Management Act 2016”.
Omit clause 17 (4) (b). Insert instead:
a holding in the Western Division (within the meaning of the Crown Land Management Act 2016) or a part of land held under freehold title,
Omit “Crown Lands Act 1989” from the definition of
Insert instead “Crown Land Management Act 2016”.
Omit “Crown Lands Act 1989” from paragraph (b).
Insert instead “Crown Land Management Act 2016”.
Water Management (General) Regulation 2011Omit “Crown Lands Act 1989” from paragraph (b) of the definition of
Insert instead “Crown Land Management Act 2016”.
Omit “the Crown Lands Act 1989, the Crown Lands (Continued Tenures) Act 1989 or the Western Lands Act 1901” from clause 16.
Insert instead “the Crown Land Management Act 2016”.
Water NSW Regulation 2013Omit “Crown Lands Act 1989” from paragraph (a) of the definition of
Insert instead “Crown Land Management Act 2016”.
Wellington Show Ground Act 1929 No 54Omit the section. Insert instead:
The Minister has the same powers with respect to the appointment and removal of trustees under this Act as the Minister administering the Crown Land Management Act 2016 has under Schedule 5 to that Act with respect to the appointment and removal of board members of statutory land managers.
Omit the definition of
Omit the definition. Insert instead:
Insert after section 3:
The Minister may appoint a person to exercise the functions of the Commissioner for the purposes of this Act.
The Minister may revoke an appointment under this section at any time or for any reason.
A person appointed under this section (except a person who is an employee of a government sector agency within the meaning of the Government Sector Employment Act 2013) is entitled to be paid the remuneration (including travelling and subsistence allowances) that the Minister may from time to time determine in respect of the person.
Omit “an Assistant Western Lands Commissioner” and “such Assistant Western Lands Commissioner” from section 3A (4).
Insert instead “a person” and “the person”, respectively.
Omit “Assistant Western Lands Commissioner” wherever occurring.
Insert instead “person”.
Insert after section 3A (15):
A person nominated by the Commissioner under subsection (4) is entitled, while acting in the office of the chairperson, to receive such fees and travelling or other expenses as the Minister may from time to time determine.
Omit “In this subsection
Omit “Crown Lands Consolidation Act 1913, the Closer Settlement Acts or the Western Lands Act 1901 or any Act replacing them,” from section 10 (4).
Insert instead “Crown Land Management Act 2016”.
Omit “Crown Lands Consolidation Act 1913, the Closer Settlement Acts or the Western Lands Act 1901 or any Act replacing them” from section 20 (1).
Insert instead “Crown Land Management Act 2016”.
Omit “Crown Lands Consolidation Act 1913, the Closer Settlement Acts or the Western Lands Act 1901 or any Act replacing them” from section 21 (1) (b).
Insert instead “Crown Land Management Act 2016”.
Omit “Crown Lands Consolidation Act 1913, the Closer Settlement Acts, the Western Lands Act 1901 or any Act replacing them,”.
Insert instead “Crown Land Management Act 2016”.
Work Health and Safety (Mines and Petroleum Sites) Regulation 2014Omit paragraph (b) of the definition of
if the mine is located in an area within the Western Division that is not within the area of a council within the meaning of the Local Government Act 1993—the person nominated by the Minister from time to time for the purposes of this clause.
Omit “Crown Lands Consolidation Act 1913” from section 16 (3).
Insert instead “Crown Land Management Act 2016”.
Omit “Crown lands”. Insert instead “Crown land”.
Omit the subsection. Insert instead:
Nothing in subsection (3) affects the power of the Minister to appoint the Board to be a Crown land manager of any land dedicated or reserved under the Crown Land Management Act 2016, or the power of the Minister to transfer land to the Board under that Act.
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