Crown Land Management Act 2016 (NSW)
Sec 9.25 (3) of this Act (sec 9.25 (3) repeals sec 9.25 (2) (j) and (k) and (3) on a day to be appointed by proclamation)
Cl 54 of Sch 3 to this Act (cl 54 of Sch 3 repeals the provisions of Part 6 of Sch 3 on a day or days to be appointed by proclamation)
An Act to make provision for the ownership, use and management of the Crown land of New South Wales; to repeal certain legislation consequentially; and for other purposes.
This Part sets out the objects of this Act, defines terms and expressions used in this Act and explains what is (or is not) Crown land. It also provides for the application of this Act and its inter-relationship with other legislation.
This Act is the Crown Land Management Act 2016.
This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2).
The following provisions commence on the date of assent to this Act—
(a) Division 4.2 (Vesting of Crown land in local councils),
(b) section 13.5 (Regulations),
(c) Schedule 7 (Savings, transitional and other provisions).
The objects of this Act are—
(a) to provide for the ownership, use and management of the Crown land of New South Wales, and
(b) to provide clarity concerning the law applicable to Crown land, and
(c) to require environmental, social, cultural heritage and economic considerations to be taken into account in decision-making about Crown land, and
(d) to provide for the consistent, efficient, fair and transparent management of Crown land for the benefit of the people of New South Wales, and
(e) to facilitate the use of Crown land by the Aboriginal people of New South Wales because of the spiritual, social, cultural and economic importance of land to Aboriginal people and, where appropriate, to enable the co-management of dedicated or reserved Crown land, and
(f) to provide for the management of Crown land having regard to the principles of Crown land management.
For the purposes of this Act, the
(a) that environmental protection principles be observed in relation to the management and administration of Crown land, and
(b) that the natural resources of Crown land (including water, soil, flora, fauna and scenic quality) be conserved wherever possible, and
(c) that public use and enjoyment of appropriate Crown land be encouraged, and
(d) that, where appropriate, multiple use of Crown land be encouraged, and
(e) that, where appropriate, Crown land should be used and managed in such a way that both the land and its resources are sustained in perpetuity, and
(f) that Crown land be occupied, used, sold, leased, licensed or otherwise dealt with in the best interests of the State consistent with the above principles.
In this Act—
(a) a continued tenure (as defined in Schedule 1),
(b) a continued irrigation tenure (as defined in Schedule 2),
(c) a continued Western lands tenure (as defined in Schedule 3).
(a) in relation to proceedings for an offence commenced in the Local Court—a court attendance notice (within the meaning of the Criminal Procedure Act 1986) issued in respect of the person alleged to have committed the offence, and
(b) in relation to proceedings for an offence commenced in the Land and Environment Court in its summary jurisdiction—an application for an order under section 246 of the Criminal Procedure Act 1986 in respect of the person alleged to have committed the offence.
(a) each of the Acts, or provisions of Acts, that were defined to be the
Crown Lands Acts in section 3 (1) of the Crown Lands Act 1989 immediately before the repeal of the Crown Lands Act 1989,(b) each of the following Acts repealed by this Act—
(i) the Hay Irrigation Act 1902,
(ii) the Public Reserves Management Fund Act 1987,
(iii) the Trustees of Schools of Arts Enabling Act 1902,
(iv) the Wentworth Irrigation Act 1890,
(v) the Western Lands Act 1901,
(c) this Act.
(a) dedicated or reserved Crown land, and
(b) any other land that is required or permitted to be managed under this Act as if it were dedicated or reserved Crown land.
For example, clause 7 (4) of Schedule 7, when read with clause 9B of that Schedule, provides for certain land that is not vested in the Crown or the State to be managed as if it were reserved Crown land.
(a) a State owned corporation, and
(b) Local Land Services,
but does not include a local council or a Crown land manager.
(a) any lease or licence under this Act (including one that is a continued holding),
(b) any incomplete purchase,
(c) any other continued holding (except a permit or permission).
Schedules 1–3 provide for continued holdings that are leases and licences to continue in force as leases or licences under this Act.
(a) a continued incomplete tenure purchase (as defined in Schedule 1) that remains incomplete,
(b) a continued incomplete irrigation lease purchase (as defined in Schedule 2) that remains incomplete,
(c) a continued incomplete Western lands lease purchase (as defined in Schedule 3) that remains incomplete,
(d) a new incomplete purchase that remains incomplete.
(a) a mineral (as defined in the Mining Act 1992), and
(b) any other substance prescribed by the regulations for the purposes of the provision.
(a) a Minister,
(b) a government sector agency,
(c) a statutory body representing the Crown,
(d) a local council or a county council (as defined in the Local Government Act 1993).
(a) the Minister in a notice published in the Gazette, or
(b) the regulations.
See also clause 33 (Existing declarations of public purposes) of Schedule 7.
(a) any building,
(b) any post, pile, stake, pipe, chain, wire or any other thing fixed to the soil or to anything fixed to the soil,
(c) any roadwork, pathway or paving,
(d) any works for the reclamation of land that are or are liable to be, or would, but for the reclamation, be or be liable to be, covered wholly or partly by water,
(e) any excavation works, drain, canal, sump or foundation, whether lined or unlined.
(a) any motor vehicle or other thing capable of transporting a person (including any aircraft, vessel, bicycle, bus, car, horse, train or tram), and
(b) any trailer or caravan whether or not attached to any thing of that kind.
(a) an offence against section 9.6, or
(b) an offence against the regulations involving a vehicle being used, parked or moored in contravention of the regulations.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
There is
(a) is authorised or required by or under this Act or another Act, or
(b) is authorised or required by or under a holding of the person, or
(c) occurs in any other circumstances prescribed by the regulations.
A reference in this Act to a repealed Act or repealed statutory rule is a reference to the repealed Act or repealed statutory rule as in force immediately before its repeal unless the context or subject-matter indicates or requires differently.
If this Act (or an instrument made under this Act) provides for an event or other thing to occur on a particular day, that event or thing is taken to occur at the beginning of that day unless the context or subject-matter indicates or requires differently.
Introductory and other notes included in this Act do not form part of this Act.
For the purposes of this Act, the State is divided into the following 2 geographical areas—
(a) the Eastern and Central Division,
(b) the Western Division.
Subject to subsection (4), the
(a) those parts of the State remaining after both Lord Howe Island and the Western Division are excluded,
(b) the coastal waters of the State as defined in Part 10 of the Interpretation Act 1987 (including the seabed and subsoil beneath, and the airspace above, those waters).
Subject to subsection (4), the
The boundary between the Eastern and Central Division and the Western Division may be altered or redefined by the regulations.
The Minister is not to recommend the making of a regulation for the purposes of subsection (4) unless the Minister certifies that—
(a) a notice describing the alteration or redefinition proposed to be made by the regulation has been published in the manner prescribed by the regulations, and
(b) the notice stated that written objections and submissions relating to the proposed alteration or redefinition could be lodged with the Department not later than 28 days after publication of the notice, and
(c) the Minister has considered the objections and submissions that were duly made.
Subject to this Division, each of the following is
(a) land that was Crown land as defined in the Crown Lands Act 1989 immediately before the Act’s repeal,
(b) land that becomes Crown land because of the operation of a provision of this Act or a declaration made under section 4.4,
(c) land vested, on and from the repeal of the Crown Lands Act 1989, in the Crown (including when it is vested in the name of the State).
Clause 6 of Schedule 7 provides for certain land under Acts repealed by Schedule 8 to become Crown land under this Act. Section 1.10 then provides for this land to be vested in the Crown.
Land that will become Crown land under this Act includes land vested in the Crown that is dedicated for a public purpose. This land was previously excluded from the definition of
Land is not Crown land if it is vested in a Minister, or a statutory body representing the Crown, with express power under an Act (except the Interpretation Act 1987) to hold land in the exercise of the Minister’s or body’s functions.
Land may be Crown land even though it is dedicated for a public purpose under this Act or another Act or law.
Land ceases to be Crown land if—
(a) the land is sold, or lawfully contracted to be sold, and the purchase price or other consideration for the sale has been received by the Crown (or by a person on behalf of the Crown) regardless of whether the purchaser is recorded in the Register as the registered proprietor of the land, or
(b) contracts for the sale of the land have been exchanged and the deposit has been received by the Crown (or by a person on behalf of the Crown).
Land to which subsection (1) (b) applies becomes Crown land again if the purchaser fails to complete the purchase following the exchange of contracts.
See section 1.10 (When land becomes Crown land because of this Act).
To avoid doubt, subsection (1) does not prevent the Minister (or any other person acting on behalf of the Crown) from completing a sale of land that has ceased to be Crown land because of that subsection.
Crown land does not include land under an incomplete purchase.
Land does not cease to be Crown land just because of the creation in respect of it of a folio of the Register in the name of the State.
This section applies to land that becomes Crown land because of the operation of a provision of this Act or a declaration made under section 4.4.
Any land to which this section applies is vested in the Crown when it becomes Crown land as an estate in fee simple, freed and discharged from all estates, interests, trusts or obligations, except as provided by subsections (3), (4) and (6).
The vesting of land in the Crown does not operate to—
(a) extinguish any mortgage over the land, or
(b) revoke any lease, licence, easement or right of way in relation to the land, or
(c) revoke or alter any dedication or reservation of the land, or
(d) extinguish, revoke or alter any estate, interest, trust or obligation to the extent that it is continued over the land by the provision or declaration under which the land becomes Crown land, or
(e) have any other kind of effect prescribed by the regulations.
A regulation for the purposes of subsection (3) (e) may provide that it extends to a vesting of land under this section occurring before the regulation was made.
Subsection (3) does not prevent a declaration under section 4.4 from including provisions that discontinue an interest of a kind referred to in that subsection.
A vesting of land under this section takes effect subject to any native title rights and interests existing in relation to the land immediately before the vesting.
To avoid doubt, a vesting of land under this section operates to change the ownership of the land even if the registered proprietor for the land specified in the Register remains unchanged.
The Registrar-General must alter the Register to reflect the change in ownership if the Minister requests it under section 1.11.
The operation of this section is not to be regarded as—
(a) a breach of contract or confidence or otherwise as a civil wrong, or
(b) a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of the land, or
(c) giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of the land, or
(d) an event of default under any contract or other instrument.
No attornment to the Crown by a lessee of the previous owner of the land is required.
No compensation is payable for the extinguishment of any estates, interests, trusts or obligations (or the abolition or loss of any office or other position) because of the operation of this section.
This section has effect subject to any different provision that is made by this Act.
In this section—
If the Minister requests it, the Registrar-General must alter the Register to state that the Crown is the registered proprietor of land under the Real Property Act 1900 if it has become Crown land because of the operation of a provision of this Act or a declaration made under section 4.4.
This section does not limit any power of the Registrar-General under Part 2 or 3 of the Real Property Act 1900 to alter the Register.
This Division has effect despite anything contained in section 42 of the Real Property Act 1900.
The provisions of Schedules 1–4 prevail over the provisions of Parts 5–7 of this Act to the extent of any inconsistency.
Schedules 1–4 contain provisions relating to continued holdings, land in the Western Division and purchasable leases for which special provision was made under the former Crown Lands (Continued Tenures) Act 1989, Hay Irrigation Act 1902, Wentworth Irrigation Act 1890 and Western Lands Act 1901.
Subsection (1) does not apply to the extent that its application is—
(a) expressly excluded or modified by a provision of this Act, or
(b) excluded by the regulations.
This Act applies in relation to both the Eastern and Central Division and the Western Division.
This Act does not apply in relation to Lord Howe Island.
Crown land must not be occupied, used, sold, leased, licensed, dedicated, reserved or dealt with in any other way unless it is authorised by this Act.
However, this Act does not affect the operation of another Act to the extent that it—
(a) makes special provision for particular Crown land or any particular kind of Crown land, or
(b) authorises Crown land to be dealt with in any manner inconsistent with this Act.
This Part provides for the dedication or reservation of Crown land by the Minister. It includes provisions dealing with—
(a) the circumstances in which the Minister may dedicate or reserve Crown land, and
(b) the alteration, addition and purposes of dedicated or reserved Crown land, and
(c) the circumstances in which a dedication or reservation may be revoked, and
(d) the permitted uses of dedicated or reserved Crown land, and
(e) the kinds of dealings with dedicated or reserved Crown land that are permitted (including certain special powers of the Minister over dealings).
Part 3 enables the Minister to appoint Crown land managers for dedicated or reserved Crown land.
Division 5.3 also requires the Minister to approve community engagement strategies for proposed alterations or removals of the purposes for which dedicated or reserved Crown land is dedicated or reserved.
This Part applies to all Crown land except Crown land excluded under this Division.
The Minister may, by order published in the Gazette, exclude specified Crown land (or specified kinds of Crown land) from the application of this Part.
The Minister may, by notice published in the Gazette, dedicate Crown land for use for one or more purposes specified in the notice.
Before doing so, the Minister must be satisfied that the use of the land for each purpose is—
(a) consistent with one or more objects of this Act, or
(b) in the public interest.
The Minister may, by notice published in the Gazette, add other Crown land to any dedicated Crown land.
When the notice takes effect, the additional land becomes part of the dedicated Crown land and is to be managed, used and dealt with accordingly.
A notice dedicating Crown land (or adding Crown land to dedicated Crown land) cannot be published in the Gazette unless the proposed notice is tabled in both Houses of Parliament.
The proposed notice must be tabled in the House concerned at least 10 sitting days before the notice is published in the Gazette.
Crown land may be dedicated (or added to dedicated Crown land) even if it is already dedicated or reserved Crown land or part of dedicated or reserved Crown land.
However, the dedication or reservation of Crown land that is already dedicated or reserved Crown land (or already part of dedicated or reserved Crown land) ceases to have effect when its new dedication, or its addition to other dedicated Crown land, takes effect.
The Minister may, by notice published in the Gazette, revoke the dedication (or part of the dedication) of dedicated Crown land.
However, a notice revoking a dedication must not be published unless—
(a) the Minister has caused a proposal to revoke the dedication to be published in the Gazette (the
revocation proposal ), and(b) a copy of the revocation proposal is tabled in each House of Parliament within 10 sitting days after its publication, and
(c) notice of a resolution disallowing the revocation proposal is not duly given under subsections (3) and (4) or, if it is, the resolution is not passed or the notice of the resolution is withdrawn or lapses.
Either House of Parliament may pass a resolution disallowing the revocation proposal after the copy of the proposal is tabled in that House.
Notice of a disallowance resolution must be given within 14 sitting days after the revocation proposal is tabled in the House.
A dedication of land may be revoked even if—
(a) after dedication, a Crown grant has issued or a folio of the Register has been or is created, or
(b) before dedication, the land had been alienated by the Crown and subsequently resumed, purchased or acquired in any other way by the Crown.
This section extends to land that has ceased to be Crown land but remains subject to a dedication.
The Minister may, by notice published in the Gazette, reserve Crown land for use for one or more purposes specified in the notice.
Before doing so, the Minister must be satisfied that the use of the land for each purpose is—
(a) consistent with one or more objects of this Act, or
(b) in the public interest.
The Minister may, by notice published in the Gazette, add other Crown land to any reserved Crown land.
When the notice takes effect, the additional land becomes part of the reserved Crown land and is to be managed, used and dealt with accordingly.
Crown land may be reserved (or added to reserved Crown land) even if it is already reserved Crown land or part of other reserved Crown land.
However, if Crown land is already reserved Crown land (or part of other reserved Crown land) when it is reserved (or added to reserved Crown land) by a notice under this Division—
(a) the existing reservation ceases to have effect in relation to the land unless the notice provides differently, and
(b) for land that already forms part of other reserved Crown land—the reservation of the rest of the other Crown land remains unaffected.
The Minister may, by notice published in the Gazette, revoke the reservation (or part of the reservation) of reserved Crown land.
This section extends to land that has ceased to be Crown land but remains subject to a reservation.
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.
Section 3.38 authorises dedicated or reserved Crown land to be used for a purpose specified in a plan of management for the land. See also sections 2.18 and 2.19.
Dedicated or reserved Crown land that is dedicated or reserved for use for more than one purpose may be used for any one or more of those purposes.
The Minister may, by notice published in the Gazette, authorise dedicated or reserved Crown land to be used for one or more additional purposes.
Before doing so, the Minister must be satisfied that the use of the dedicated or reserved Crown land for each additional purpose—
(a) would be in the public interest, and
(b) would not be likely to materially harm the use of the land for any of the purposes (an
existing purpose ) for which it is dedicated or reserved.
Without limitation, the following considerations are relevant to the question of whether the use of dedicated or reserved Crown land for an additional purpose would not be likely to materially harm its use for an existing purpose—
(a) the proportion of the area of the land that may be affected by the additional purpose,
(b) if the activities to be conducted for the additional purpose will be intermittent, the frequency and duration of the impacts of those activities,
(c) the degree of permanence of likely harm and in particular whether that harm is irreversible,
(d) the current condition of the land,
(e) the geographical, environmental and social context of the land,
(f) any other considerations that may be prescribed by the regulations.
An additional purpose does not limit any existing purpose.
The Minister may, by notice published in the Gazette, alter one or more purposes for which Crown land is dedicated or reserved under this Part.
Before doing so, the Minister must be satisfied that the use of the land for each altered purpose is—
(a) consistent with the objects of this Act, and
(b) in the public interest.
To avoid doubt, a purpose replaced by an altered purpose ceases to have effect when the notice takes effect.
This section applies to dedicated or reserved Crown land that is dedicated or reserved for use for more than one purpose.
The Minister may, by notice published in the Gazette, declare that the Crown land is no longer dedicated or reserved for use for a specified purpose if—
(a) the Minister is satisfied that the land is not being used for that purpose, and
(b) the land continues to be used for one or more of the other purposes for which it is dedicated or reserved.
The specified purpose ceases to be a purpose for which the Crown land is dedicated or reserved when the notice takes effect.
The dedication or reservation of Crown land under this Part for a purpose that permits or requires its use by members of the public does not—
(a) prevent the holder of a holding over the land from using it for commercial purposes, or
(b) prevent the person responsible for the care, control and management of the land from charging fees for the use of the land by members of the public (provided the fees collected are used in accordance with this Act), or
(c) entitle members of the public to have unrestricted access to the land (particularly, in relation to any part of the land under a holding).
Section 3.16 will generally require Crown land managers for dedicated or reserved Crown land to apply any fees charged for the use of the land for the improvement of the land and its purposes. Also, paragraph (c) allows for restrictions on, but not wholesale prohibitions of, access to the land.
Despite any other provision of this Act, the Minister may grant a lease, licence, permit, easement or right of way over dedicated or reserved Crown land for any of the following purposes (a
(a) any facility or infrastructure,
(b) any other purpose the Minister thinks fit.
Before doing so, the Minister must—
(a) consult the following persons or agencies—
(i) for land for which there is a Crown land manager—the manager,
(ii) for land used, occupied or administered by a government agency—the agency (if a Minister is the agency) or the Minister to whom that agency is responsible (in any other case), and
(b) for land to be used or occupied under the relevant interest for any purpose except a purpose for which it is currently dedicated or reserved—cause a notice to be published specifying the purposes for which the land is to be used or occupied under the relevant interest, and
(c) be satisfied that it is in the public interest to grant the relevant interest.
A failure to comply with subsection (2) (a) does not affect the validity of the relevant interest.
The proceeds from a relevant interest are to be applied as directed by the Minister and, without limitation, a direction may include any of the following—
(a) a direction that the proceeds (or part of the proceeds) be paid into the Consolidated Fund or the Crown Reserves Improvement Fund,
(b) if the relevant interest is granted over dedicated or reserved Crown land with a Crown land manager—a direction that the proceeds (or part of the proceeds) be paid to the manager or to another Crown land manager,
(c) if the relevant interest is granted in respect of a travelling stock reserve under the care, control and management of Local Land Services—a direction that the proceeds (or part of the proceeds) be paid to Local Land Services,
(d) if it is Crown land referred to in subsection (2) (a) (ii)—a direction that the proceeds (or part of the proceeds) be paid to the relevant government agency.
To avoid doubt—
(a) the power of the Minister to grant a relevant interest over dedicated or reserved Crown land under this section includes the power to enter into an agreement for the relevant interest, and
(b) subsection (2) (b) does not require the Minister to publish—
(i) details about the relevant interest as well as the purposes for which the land is to be used or occupied under the relevant interest, or
(ii) a new notice each time a relevant interest is renewed (instead of granted).
Dedicated or reserved Crown land under a special purpose holding may be leased under this section, but only if the granting of a lease under this section is authorised by, and complies with, the provisions of the special purpose holding.
The Minister’s power to grant a lease, licence, permit, easement or right of way (a
The Minister cannot grant a secondary interest over dedicated or reserved Crown land unless satisfied that the use of the land under the secondary interest—
(a) would be in the public interest, and
(b) would not be likely to materially harm its use for the purposes for which it is dedicated or reserved.
Without limitation, the following considerations are relevant to the question of whether the use of dedicated or reserved Crown land under a secondary interest would not be likely to materially harm its use for the purposes for which it is dedicated or reserved—
(a) the proportion of the area of the land that may be affected by the secondary interest,
(b) if the activities to be conducted under the secondary interest will be intermittent, the frequency and duration of the impacts of those activities,
(c) the degree of permanence of likely harm and in particular whether that harm is irreversible,
(d) the current condition of the land,
(e) the geographical, environmental and social context of the land,
(f) any other considerations that may be prescribed by the regulations.
To avoid doubt—
(a) the purposes for which a secondary interest can be granted are not limited to public purposes or purposes that are ancillary or incidental to a purpose for which the land is dedicated or reserved, and
(b) a secondary interest does not materially harm the use of the land for the purposes for which it is dedicated or reserved just because—
(i) the use of the land under the interest may be inconsistent or incompatible with a purpose for which it is dedicated or reserved, or
(ii) the land may be used for grazing under the interest.
The Minister can validate a secondary interest that has not been validly granted because of this section by making any changes to the purpose for which it was granted, or to its terms and conditions, that may be necessary to make the interest valid.
If a secondary interest is validated under this section—
(a) the secondary interest is taken to have been validly granted from the date of its original grant, and
(b) the use of Crown land in accordance with the secondary interest before its validation is taken to be, and always to have been, valid.
In this section—
This section also applies to leases, licences, permits, easements or rights of way granted by Crown land managers over dedicated or reserved Crown land. See section 3.17.
The regulations may make provision for or with respect to the following concerning short-term licences over dedicated or reserved Crown land—
(a) any purposes for which the licences may be granted (
prescribed purpose ),(b) any conditions to which the licences are subject (
prescribed condition ),(c) the maximum term for which licences may be granted (
prescribed maximum term ).
The Minister may grant a short-term licence over dedicated or reserved Crown land for any prescribed purpose.
A short-term licence may be granted even if the purpose for which it is granted is inconsistent with the purposes for which the Crown land is dedicated or reserved.
A short-term licence may be granted subject to conditions specified by the Minister and is also subject to any prescribed conditions.
A short-term licence may not be granted for any purpose for which an authority, permit, lease or licence may be granted under the Fisheries Management Act 1994.
A short-term licence ceases to have effect when the prescribed maximum term after it is granted expires, unless it is revoked sooner by the Minister or is granted for a shorter term.
Sections 2.18 and 2.19 do not limit the circumstances in which short-term licences can be granted under this section.
This section also applies to short-term licences granted by Crown land managers over dedicated or reserved Crown land. See section 3.17.
This section applies if the whole or any part of dedicated or reserved Crown land (the
The Minister may, by the notice that adds the added land to the expanded land or a subsequent notice published in the Gazette, provide for specified assets, rights and liabilities of the former Crown land manager of the added land to be transferred to the Crown land manager of the expanded land.
An asset, right or liability cannot be specified for the purposes of subsection (2) unless—
(a) the Minister is satisfied that it was created, exercisable or incurred in connection with the exercise of functions as the Crown land manager of the added land, or
(b) the parties to an agreement under subsection (4) have requested it.
The former Crown land manager of the added land and the Crown land manager of the expanded land may agree to the appropriate division of the assets, rights and liabilities of the former Crown land manager in relation to the added land.
The Minister does not have to transfer any assets, rights or liabilities under this section unless—
(a) if there is an agreement under subsection (4)—the parties to the agreement request it, or
(b) the Minister is satisfied that an agreement under subsection (4) is not likely to be reached.
Schedule 6 applies to a transfer of any asset, right or liability to a person by a notice referred to in subsection (2).
This section applies to dedicated or reserved Crown land that is a public reserve and has effect despite anything in the Local Government Act 1993.
The Minister may, by notice published in the Gazette, declare that the dedicated or reserved Crown land is for the time being under the care, control and management of the Minister.
Accordingly, the council does not have control of the dedicated or reserved Crown land as provided by section 48 of the Local Government Act 1993.
If the Minister, by subsequent notice published in the Gazette, revokes a notice under subsection (2) in relation to dedicated or reserved Crown land, section 48 of the Local Government Act 1993 is taken to apply in relation to the land.
In this section—
This section—
(a) applies in relation to dedicated or reserved Crown land for the purposes of the Environmental Planning and Assessment Act 1979 (and any instrument made under that Act), and
(b) has effect despite anything in that Act (or any instrument made under that Act).
The Minister is taken to have given written consent on behalf of the Crown (as the owner of dedicated or reserved Crown land) for its Crown land manager or the holder of a lease or licence over the land to make a development application relating to any of the following kinds of development—
(a) without limiting paragraph (g), the repair, maintenance, restoration or renovation of an existing building on the land if it will not do any of the following—
(i) alter the footprint of the building by adding or removing more than one square metre (or any other area that may be prescribed by the regulations),
(ii) alter the existing building height by adding or removing one or more storeys,
(iii) involve excavation of the land,
(b) the erection of a fence approved by the manager or the repair, maintenance or replacement of a fence erected with the manager’s approval,
(c) the use of the land for any of the following purposes—
(i) a purpose for which the land may be used under this Act,
(ii) a purpose for which a lease or licence has been granted under this Act,
(d) the erection of signage approved by the manager or the repair, maintenance or replacement of signage erected with the manager’s approval,
(e) the erection, repair, maintenance or replacement of a temporary structure on the land,
(f) the installation, repair, maintenance or replacement of services on the land,
(g) the erection, repair, maintenance or replacement of any of the following on the land—
(i) a building or other structure on the land permitted under the lease,
(ii) a toilet block,
(iii) a structure for the protection of the environment,
(h) the carrying out on the land of any other development of a kind prescribed by the regulations or permitted under a plan of management for the land.
Subsection (2) does not apply in relation to any development that involves any of the following—
(a) the subdivision of land,
(b) the carrying out of development of a kind excluded by the regulations.
Any regulations made for the purposes of subsection (3) (b) may exclude the whole or any part of a kind of development specified by subsection (2).
To avoid doubt, the Minister’s consent on behalf of the Crown (as the owner of dedicated or reserved Crown land) to lodgment of a development application in respect of that land is required for the carrying out of any development to which subsection (2) does not apply.
This section applies to each of the following—
(a) the determination of the amount of compensation payable under Part 3 of the Land Acquisition (Just Terms Compensation) Act 1991 in respect of the compulsory acquisition of the whole or part of dedicated or reserved Crown land managed by a Crown land manager,
(b) the determination under section 191 of the Roads Act 1993 of the amount of compensation payable or provided under Division 2 of Part 12 of that Act in respect of the acquisition under that Division of the whole or part of dedicated or reserved Crown land managed by a Crown land manager,
(c) the determination under section 22A of the Pipelines Act 1967 of the amount of compensation payable in respect of the vesting of the whole or part of dedicated or reserved Crown land managed by a Crown land manager or the vesting of an easement over the whole or part of land of that kind.
This section does not apply to land that comprises dedicated land for which a Crown grant was granted to a former reserve trust or a predecessor in title before the commencement of the Crown Lands (Land Titles) Amendment Act 1980.
Despite section 55 of the Land Acquisition (Just Terms Compensation) Act 1991, in determining the amount of compensation, if any, payable to a Crown land manager of dedicated or reserved Crown land managed by the manager, regard is to be had to the following matters only (as assessed in accordance with this section)—
(a) the value to the manager of any improvements (including structures) erected or carried out by the manager on the land being acquired or vested, or over which the easement is vested, on the date the land is acquired,
(b) the amount of any loss attributable to the reduction in public benefit from any loss of public open space that arises from the acquisition or vesting of the land,
(c) the amount of any reduction in the value to the manager, as at the date the land is acquired or vests, or the easement vests, of any other improvements (including structures) erected or carried out by the manager on other land that is caused by the land acquired being severed from the other land under management,
(d) the cost to the manager of acquiring additional land having environmental benefits that are comparable to the land being acquired or vested,
(e) any loss attributable to disturbance (as defined in section 59 of that Act), other than loss arising from the termination of a lease or licence over the whole or part of the land being acquired.
For the purposes of a determination of an amount of compensation—
(a) the Crown is to be treated as being the only holder in fee simple of the land that is acquired or vested or over which the easement is vested, and
(b) section 56 (2) of the Land Acquisition (Just Terms Compensation) Act 1991 applies as if the value of improvements (including structures) erected or carried out by the Crown land manager on the land is the market value of the manager’s interest in the land.
If dedicated or reserved Crown land is managed by the authority acquiring the whole or part of the land, the authority is not entitled to compensation in respect of the acquisition or vesting if it decides not to require compensation and does not revoke that decision before the acquisition of the land concerned.
This section does not affect—
(a) any function of the Minister over the dedicated or reserved Crown land or the requirements of the Crown land management rules concerning the application of compensation that is payable, or
(b) the rights under the Land Acquisition (Just Terms Compensation) Act 1991 of a person from whom native title rights and interests in relation to land have been acquired.
In this section—
(a) to which the provisions of this Part are applied by another Act or that is taken under another Act to be dedicated or reserved Crown land under this Act, and
(b) for which a Crown land manager has been appointed or is taken to have been appointed.
The validity of a lease, licence, permit, easement or right of way over dedicated or reserved Crown land (whether granted by the Minister, a Crown land manager or another person) cannot be questioned in legal proceedings unless a party to the proceedings has given the Minister not less than the minimum period of notice of the alleged invalidity.
Notice can be given before proceedings are commenced by a prospective party to proceedings.
The
The notice of alleged invalidity must be given in the form approved by the Minister and must provide the information required by the approved form.
The court before which proceedings are pending may adjourn the proceedings to enable notice of alleged invalidity to be given.
In a particular case, the Minister may, by written instrument, waive the requirement for the giving of notice or reduce the minimum period.
This Part provides for the management of dedicated or reserved Crown land. It includes provisions that—
(a) enable the Minister to appoint Crown land managers for dedicated or reserved Crown land, and
(b) make a Crown land manager of dedicated or reserved Crown land responsible for the care, control and management of the land, and
(c) provide for the functions of Crown land managers (including specifying the kinds of dealings with managed land that they are authorised to do), and
(d) enable the Minister to issue Crown land management rules for Crown land managers.
The following persons can be appointed as Crown land managers for dedicated or reserved Crown land—
(a) local councils,
(b) a Local Aboriginal Land Council under the Aboriginal Land Rights Act 1983,
(c) a prescribed body corporate for the purposes of a provision of the Native Title Act 1993 of the Commonwealth,
(d) statutory land managers constituted under Schedule 5,
(e) the Ministerial Corporation,
(f) associations under the Associations Incorporation Act 2009,
(g) companies under the Corporations Act 2001 of the Commonwealth,
(h) any other bodies corporate or corporations constituted by or under another Act,
(i) heads of government sector agencies.
This Part also makes it clear that the Minister is responsible for the care, control and management of Crown land if there is no Crown land manager of the land or it is not dedicated or reserved.
Schedule 5 sets out the duties of board members of statutory land managers.
Schedule 7 provides for board members of reserve trusts (including reserve trusts constituted by members of community groups) under the former Crown Lands Act 1989 for existing dedicated or reserved Crown land to become the board members of statutory land managers constituted under that Schedule to manage those lands. The creation of new statutory land managers in the future (as well as the ability to appoint associations and companies as Crown land managers) will enable community groups to continue to be involved in the management of dedicated or reserved Crown land.
The person responsible for the care, control and management of particular dedicated or reserved Crown land is—
(a) for land with one Crown land manager—the Crown land manager, or
(b) for land with 2 or more Crown land managers—each of the Crown land managers in accordance with any allocation made under section 3.14.
The Minister is responsible for the care, control and management of—
(a) all Crown land that is not dedicated or reserved Crown land, and
(b) all dedicated or reserved Crown land for which there are no Crown land managers.
This subsection does not affect any responsibility of a local council over a public reserve that is Crown land that it has under section 48 of the Local Government Act 1993. See section 1.15 (2).
This section does not—
(a) limit the functions of the Minister under this Act or another Act in relation to dedicated or reserved Crown land for which there is a Crown land manager, or
(b) limit the functions of a person or body taken to be the Crown land manager of dedicated or reserved Crown land for the purposes of this Act because of the operation of another Act, or
(c) affect a different allocation of management responsibilities made by another provision of this Act.
To avoid doubt, Crown land managers can be appointed and allocated responsibilities under this Part for a part (or different parts) of particular dedicated or reserved Crown land as an alternative to their appointment and allocation for the whole of the land.
The Minister is responsible (because of section 3.1 (2) (b)) for the care, control and management of any part of particular dedicated or reserved Crown land for which there is no Crown land manager.
The Minister may, by written instrument (an
Each of the following is a
(a) a local council,
(b) a Local Aboriginal Land Council under the Aboriginal Land Rights Act 1983,
(c) a prescribed body corporate for the purposes of a provision of the Native Title Act 1993 of the Commonwealth,
(d) a statutory land manager,
(e) the Ministerial Corporation,
(f) an association under the Associations Incorporation Act 2009,
(g) a company under the Corporations Act 2001 of the Commonwealth,
(h) any other body corporate or corporation constituted by or under another Act,
(i) the head of a government sector agency.
A Crown land manager may be appointed to manage more than one area of dedicated or reserved Crown land at a time.
A corporation constituted by or under another Act appointed as a Crown land manager is authorised to accept the appointment, and to exercise all the functions of a Crown land manager, despite anything in the Act.
A local council may only be appointed as the Crown land manager of dedicated or reserved Crown land that is wholly or partly within the local government area of another local council with the consent of the other council.
The appointment of a qualified person as a Crown land manager does not make the person a statutory body representing the Crown if the person is not already one.
A Crown land manager is appointed for a term if—
(a) the term is specified in the Crown land manager’s original appointment instrument, or
(b) the term is subsequently specified by a notice of the Minister published in the Gazette.
The Minister may, by notice published in the Gazette, extend the current term of a Crown land manager’s appointment from time to time.
An appointment instrument may, in a manner not inconsistent with this Act, make provision for or with respect to any matter concerning the exercise of the management functions of the Crown land manager.
Without limiting subsection (1), the appointment instrument may make provision for or with respect to the following—
(a) the kinds of functions that can (or cannot) be exercised,
(b) the circumstances in which functions can (or cannot) be exercised,
(c) conditions or other obligations in relation to the exercise of functions (including reporting requirements),
(d) any other matter required or permitted by this Act or prescribed by the regulations.
A Crown land manager’s appointment cannot take effect unless notice of the appointment is published in the Gazette.
The notice of the appointment must—
(a) state the name of the appointee, and
(b) specify the Crown land for which the appointee is the Crown land manager, and
(c) specify the term (if any) of the appointment, and
(d) specify any other details about the appointment that may be prescribed by the regulations.
A corporation can be appointed as a Crown land manager even if it does not yet exist, but only if its appointment takes effect on the day it comes into existence or on a later day specified in the notice of the appointment.
This section does not apply in relation to an appointment made, or taken to be made, by a provision of this Act or another Act.
If the Minister requests it, the Registrar-General must—
(a) record particulars about the appointment of a Crown land manager of dedicated or reserved Crown land that the Registrar-General considers necessary in the folio of the Register for the land, and
(b) alter or remove a recording about the appointment of a Crown land manager of dedicated or reserved Crown land that does not correctly or accurately state those particulars.
This section does not limit any power of the Registrar-General under Part 2 or 3 of the Real Property Act 1900 to alter the Register.
An appointment instrument may be given to a Crown land manager who has been appointed, or is taken to have been appointed, by a provision of this Act (for example, Schedule 7) or another Act.
Schedule 7 provides for certain persons to be appointed as Crown land managers for the purposes of this Act on repeal of the Crown Lands Act 1989.
The appointment instrument may include any provisions (including in relation to the term of the appointment), not inconsistent with the Act that made the appointment, that can be included in an appointment instrument for a Crown land manager and may be varied accordingly.
The Minister may, by further appointment instrument given to a Crown land manager, vary the Crown land manager’s appointment—
(a) to include or alter provisions in the instrument in respect of the matters referred to in section 3.5, or
(b) to allocate, or alter the allocation of, responsibility for the care, control and management of the Crown land concerned if there are one or more other Crown land managers for the land.
The Minister may, by notice published in the Gazette, revoke a person’s appointment as a Crown land manager at any time for any or no reason.
A person whose appointment as a Crown land manager is revoked is not entitled to any compensation for the revocation of the appointment.
See Parts 6 and 7 of Schedule 5 for when the Minister dissolves a statutory land manager.
A change in the name of a Crown land manager of dedicated or reserved Crown land does not operate to revoke the manager’s appointment.
Accordingly, the renamed Crown land manager continues to be responsible for the care, control and management of the dedicated or reserved Crown land (including any accounts in authorised deposit-taking institutions or with utility providers, and insurance policies, under its former name).
A Crown land manager’s appointment ends if—
(a) the manager resigns by a written instrument given to the Minister, or
(b) the manager’s appointment is revoked by the Minister, or
(c) the manager completes the manager’s term of appointment and is not re-appointed.
If the Crown land manager is a statutory land manager with a board, a board member can resign from the board. See clause 13 of Schedule 5.
A local council or statutory land manager cannot resign as a Crown land manager without the Minister’s consent.
The Minister may, by notice published in the Gazette, provide for specified assets, rights and liabilities of a person whose appointment is ending or has ended to be transferred to one or more specified persons.
An asset, right or liability cannot be specified for the purposes of subsection (3) unless the Minister is satisfied that it was created, exercisable or incurred in connection with the exercise of functions as a Crown land manager.
A person specified for the purposes of subsection (3) must be—
(a) a public authority, or
(b) any new Crown land manager of the dedicated or reserved Crown land.
Schedule 6 applies to a transfer of any asset, right or liability to a person by a notice under this section.
Section 5.3 (4) provides that the appointment of a Crown land manager of dedicated or reserved Crown land does not limit the Minister’s powers to deal with the land.
The functions of a Crown land manager of specified dedicated or reserved Crown land are—
(a) to be the person responsible for the care, control and management of the Crown land for purposes referred to in section 2.12 applicable to the land, and
(b) to exercise any other functions that are conferred or imposed on the manager by or under this Act or another Act (including by Divisions 3.4 and 3.5).
The Crown land manager must exercise the manager’s functions in accordance with—
(a) the provisions of the manager’s appointment instrument and the regulations, and
(b) if there are 2 or more Crown land managers for the Crown land concerned—in accordance with any allocation of responsibility made by the Minister under section 3.14, and
(c) any applicable Crown land management rules, and
(d) any applicable plan of management (whether under the Local Government Act 1993 or Division 3.6), and
(e) for managers except local councils—the requirements of any community engagement strategy applicable to the manager.
See also any guidance materials and handbooks issued by the Department.
The members of the board or other governing body of a Crown land manager that is not a statutory land manager must, when participating in decision-making concerning the exercise of the manager’s functions, comply with the duties imposed on board members of statutory land managers by Division 4 (Conduct of board members) of Part 4 of Schedule 5.
Subsection (3) has effect subject to—
(a) any modifications to the provisions of Division 4 (Conduct of board members) of Part 4 of Schedule 5 prescribed by the regulations, and
(b) any applicable Crown land management rules, and
(c) the constitution of, and any other governance provisions applicable to, the Crown land manager under another Act (including a Commonwealth Act) that it is required to comply with.
The Minister may allocate the responsibility for the care, control and management of particular dedicated or reserved Crown land for which there are 2 or more Crown land managers in accordance with this section.
An allocation may be made by—
(a) the appointment instruments for the managers, or
(b) a notice published in the Gazette.
The Minister may allocate different aspects of the responsibility for the care, control and management of the dedicated or reserved Crown land to different Crown land managers.
An allocation may be made by reference to any one or more of the following factors—
(a) specified functions relating to the care, control and management of the dedicated or reserved Crown land,
(b) specified parts of the dedicated or reserved Crown land,
(c) functions or parts as determined by the Minister from time to time.
The Minister remains responsible for any aspect of the care, control and management of the dedicated or reserved Crown land for which responsibility has not been allocated.
Each Crown land manager is responsible only for those aspects of the responsibility for the care, control and management of the Crown land that have been allocated to the manager.
The Minister may make rules (
Any Crown land management rules must be published in the Gazette.
A copy of any Crown land management rules must also be published on the Department’s website. A failure to do so does not, however, affect their validity.
Sections 42 and 43 of the Interpretation Act 1987 apply to and in respect of any Crown land management rules in the same way as they apply to and in respect of a statutory rule as defined in that Act.
Without limitation, the Crown land management rules may make provision for or with respect to the following—
(a) maximum terms for leases, licences or permits that can be granted by Crown land managers (but not so as to exceed any maximum terms imposed by this Act),
(b) provisions that Crown land managers must or may include in holdings they grant,
(c) standards of conduct for Crown land managers, and any persons involved in decision-making by Crown land managers, in connection with the exercise of management functions over the Crown land they manage (including applying, whether with or without modifications, the standards of conduct specified by Division 4 of Part 4 of Schedule 5 to Crown land managers that are not statutory land managers with boards),
(d) setting aside, applying or disposing of amounts received by Crown land managers from sales, leases, easements, licences or other dealings with dedicated or reserved Crown land or as compensation for the compulsory acquisition of that land,
(e) requiring Crown land managers to pay amounts they receive into the Consolidated Fund or Crown Reserves Improvement Fund or to other Crown land managers,
(f) the investment of amounts received by Crown land managers (including rights, duties and other functions of managers in connection with investments they make),
(g) reports and other information to be provided to the Minister,
(h) environmental standards or considerations to be taken into account in decision-making,
(i) public access to, and the use (including by the Aboriginal people of the State) of, dedicated or reserved Crown land,
(j) compliance with heritage requirements and with other requirements for the protection of dedicated or reserved Crown land,
(k) any other matters prescribed by the regulations.
The net amount of the proceeds of dedicated or reserved Crown land managed by a Crown land manager must be applied by the manager for a permitted purpose for the land.
A Crown land manager of more than one area of dedicated or reserved Crown land may pool the net amount of the proceeds for some or all of those areas and apply the pooled funds for any permitted purpose for any of those areas.
Each of the following is a
(a) the purpose of making improvements to the land,
(b) the purpose of purchasing, leasing or acquiring an easement over land under section 3.28A,
(c) the purpose of preparing plans of management (whether under Division 3.6 or the Local Government Act 1993) or other plans (as required or permitted by the Minister under section 3.41) for land managed by the Crown land manager,
(d) any other purpose referred to in section 2.12 that applies to the land.
This section applies except to the extent that any of the following provide differently—
(a) the manager’s appointment instrument,
(b) the Crown land management rules,
(c) the regulations,
(d) a plan of management under Division 3.6 for the land.
In this section—
Each of the following provisions extends to leases, licences, permits, easements or rights of way granted by Crown land managers as if references in those sections to the Minister were references to a Crown land manager—
(a) section 2.19 (Secondary interests in dedicated or reserved Crown land),
(b) section 2.20 (Short-term licences over dedicated or reserved Crown land).
Section 2.25 (Notice of challenges to validity of interests in dedicated or reserved Crown land) also applies in relation to Crown land managers.
Subsection (1) does not authorise a Crown land manager to grant anything without the Minister’s consent if another provision of this Part requires the Minister’s consent.
Despite any other provision of this Act, a Crown land manager cannot exercise any of the Minister’s functions under section 2.18 (Special provisions relating to Minister’s powers over dedicated or reserved Crown land).
A Crown land manager of dedicated or reserved Crown land may delegate to another person any of the manager’s functions in relation to the land, but only if the delegation to that person (or to a class of persons to which the person belongs) has been approved by the Minister.
Despite subsection (1), the following functions cannot be delegated—
(a) the power of delegation conferred by subsection (1),
(b) any other function excluded by the regulations.
The Minister may, by written direction given to a Crown land manager, require the manager to provide the Minister with reports or other information on specified matters (at the times specified) concerning the exercise of the manager’s management functions.
This section does not limit or affect any other reporting requirements imposed on Crown land managers by this Part.
Part 8 includes provisions that are applicable to council managers concerning the management of land over which there may be native title rights and interests.
This Division applies in relation to any local council that is a Crown land manager of dedicated or reserved Crown land (a
See Division 4.2 in relation to the powers and other functions of councils in which Crown land is vested under that Division.
This Division applies despite anything in the Local Government Act 1993.
The regulations may make provision for or with respect to the modification of the provisions of the Local Government Act 1993 applicable under this Division to council managers.
A council manager is authorised to classify and manage its dedicated or reserved Crown land as if it were public land within the meaning of the Local Government Act 1993, subject to this Division.
The term
Accordingly, a council manager is also authorised to manage its dedicated or reserved Crown land as if it were community land or operational land, but only as permitted or required by this Division.
For example, requirements relating to reporting and plans of management will generally be as provided by the Local Government Act 1993 rather than this Act.
Except as provided by subsection (2) or (3), a council manager of dedicated or reserved Crown land—
(a) must manage the land as if it were community land under the Local Government Act 1993, and
(b) has for that purpose all the functions that a local council has under that Act in relation to community land (including in relation to the leasing and licensing of community land).
A council manager of dedicated or reserved Crown land that is a public reserve (as defined in the Local Government Act 1993)—
(a) must manage the land as a public reserve under that Act, and
(b) has for that purpose all the functions that a local council has under that Act in relation to a public reserve.
Section 2.22 enables the Minister to assume responsibility from a local council for the care, control and management of dedicated or reserved Crown land that is a public reserve.
A council manager of dedicated or reserved Crown land that is classified, with the written consent of the Minister under this section, as operational land under the Local Government Act 1993—
(a) must manage the land as if it were operational land under that Act, and
(b) has for that purpose all the functions that a local council has under that Act in relation to operational land.
However, a council manager of dedicated or reserved Crown land cannot—
(a) sell or dispose of the land in any other way unless the Minister gives written consent for it, or
(b) classify the land as operational land under the Local Government Act 1993 unless the Minister gives written consent for it, or
(c) do any other thing under the Local Government Act 1993 that would involve a contravention of a provision of this Act that applies to council managers, or
(d) do anything that contravenes—
(i) any limitations or other restrictions specified by the provisions of the manager’s appointment instrument, or
(ii) the regulations, or
(iii) any applicable Crown land management rules, or
(iv) any applicable plan of management under Division 3.6 (if there is no requirement for a plan of management under the Local Government Act 1993).
The Minister may give written consent under subsection (4) (b) for the classification of land as operational land only if the council manager satisfies the Minister that—
(a) the land does not fall within any of the categories for community land under the Local Government Act 1993, or
(b) the land could not continue to be used and dealt with as it currently can if it were required to be used and dealt with as community land.
This section applies to a council manager that is required by this Division to manage dedicated or reserved Crown land as if it were community land under the Local Government Act 1993.
The council manager must, as soon as practicable after it becomes the manager of the dedicated or reserved Crown land (including because of the operation of Schedule 7), assign the land to one or more categories of community land referred to in section 36 of the Local Government Act 1993.
Section 36 (4) of the Local Government Act 1993 requires a draft plan of management for community land to categorise the land by reference to one or more of the following categories—
(a) a natural area,
(b) a sportsground,
(c) a park,
(d) an area of cultural significance,
(e) general community use.
It also enables land that is categorised as a natural area to be further categorised as bushland, wetland, escarpment, watercourse, foreshore or a category prescribed by the regulations under that Act (or a combination of these).
The assigned category or categories must be those that the council considers to be the category or categories that are most closely related to the purposes for which the land is dedicated or reserved.
The council manager must give written notice to the Minister of the categories to which it has assigned the land as soon as practicable after assigning them.
The Minister may, by written notice given to the council manager, require the manager to alter an assigned category if the Minister considers that—
(a) the assigned category is not the most closely related to the purposes for which the land is dedicated or reserved, or
(b) the management of the land by reference to the assigned category is likely to materially harm the use of the land for any of the purposes for which it is dedicated or reserved.
Plans of management for the land are to be prepared and adopted in accordance with the provisions of Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993, subject to this section.
The following provisions apply during the period of 3 years after the commencement of this section (the
(a) a council manager must ensure that the first plan of management applicable to the land is adopted as soon as practicable within the initial period,
(b) the first plan of management may be prepared and adopted under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993 by—
(i) amending an existing plan of management so that it applies to the land, or
(ii) adopting a new plan of management for, or that includes, the land,
(c) if the draft first plan of management results in the land being categorised by reference to categories assigned as provided by this section, the council manager will not be required to hold public hearings under section 40A of the Local Government Act 1993, but must give public notice of it as required by section 38 of that Act,
(d) if the draft first plan of management alters the categories assigned as provided by this section, the council manager must—
(i) obtain the written consent of the Minister to adopt the plan if the re-categorisation would require an addition to the purposes for which the land is dedicated or reserved, and
(ii) hold public hearings under section 40A of the Local Government Act 1993,
(e) section 37 (b), (c) and (d) of the Local Government Act 1993 do not apply to the first plan of management,
(f) section 44 of the Local Government Act 1993 applies to the land pending the adoption of a plan of management,
(g) this subsection does not apply to any further plans of management (or amendments to plans of management) made during the initial period.
To avoid doubt, Chapter 6 of the Local Government Act 1993 (except section 37 (b), (c) and (d)) will apply to plans of management made after the first plan of management is made during the initial period.
The categorisation of land by a plan of management cannot be altered by a further plan of management unless the Minister has given written consent for the further plan to alter it.
The Minister cannot give written consent to the alteration of the categorisation of land if the Minister considers that the alteration is likely to materially harm the use of the land for any of the purposes for which it is dedicated or reserved.
A written consent given by the Minister to the alteration of the categorisation of land operates as if the Minister had authorised the land to be used for additional purposes under section 2.14 that correspond to the purposes for which community land of that category can be used.
An additional purpose taken to be authorised by subsection (11) does not cease to be an authorised purpose for which the land is dedicated or reserved if the council manager concerned ceases to be the Crown land manager of the land.
This Division applies in relation to a person (except a local council) that is a Crown land manager of dedicated or reserved Crown land (a
A non-council manager of dedicated or reserved Crown land has the authority to exercise functions of the Minister in relation to the land only in the way permitted by this Division for the category of manager to which the non-council manager has been assigned.
Any authority to exercise a function of the Minister in relation to dedicated or reserved Crown land conferred on its non-council manager by this Division does not authorise the manager to do anything that contravenes—
(b) an unnotified interest renewal is not invalid (and was never invalid) just because a notice was not published under section 34A (2) (b) of the Crown Lands Act 1989 for the renewal.
A term used in this clause that was defined for the purposes of section 34A of the Crown Lands Act 1989 has the same meaning as it had in that section.
Without limiting section 30 of the Interpretation Act 1987, each of the following remains unaffected by the repeal of the Crown Lands Act 1989—
(a) any validation by clause 59 of Schedule 8 (the
former validation clause ) to the Crown Lands Act 1989 of an existing secondary interest (as defined by that clause),(b) any conclusive presumption in respect of those interests provided by the former validation clause,
(c) the application of section 104A (Saving of native title rights and interests etc) of the Native Title (New South Wales) Act 1994 to the validation of any interest by operation of section 34AA of the Crown Lands Act 1989 and the former validation clause.
The power of the Minister under section 2.19 to validate a secondary interest as referred to in that section extends to an existing secondary interest (as defined by the former validation clause).
A reference in section 2.19 to the use of Crown land in accordance with the secondary interest before its validation under that section extends to use and occupation before the commencement of that section.
This clause extends to the operation of section 2.19 in its application to Crown land managers because of section 3.17.
However, this clause continues not to affect—
(a) any decision of a court made before the commencement of section 34AA of the Crown Lands Act 1989, or
(b) any land claim (within the meaning of the Aboriginal Land Rights Act 1983) made before 9 November 2012 (the date of the decision in Minister Administering the Crown Lands Act v New South Wales Aboriginal Land Council (Goomallee Claim)[2012] NSWCA 358).
This Division limits the application of Schedule to 4 to this Act to the purchase of land in the Western Division under that Schedule from 19 March 2018 until immediately before the repeal day.
The new purchase provisions (which include Schedule 4) and certain other ancillary provisions of this Act commenced on 19 March 2018. Also, section 28BB of, and Schedule 4 to, the Western Lands Act 1901 were repealed on that day.
In this Division—
(a) section 5.9 of this Act,
(b) Division 5.10 of this Act,
(c) Division 7.4 of this Act,
(d) section 12.3 of this Act,
(e) Divisions 12.3 and 12.7 of this Act,
(f) section 13.2 of this Act,
(g) Division 2 of Part 2 of Schedule 3 to this Act,
(h) Part 4 of Schedule 3 to this Act,
(i) Schedule 4 to this Act,
(j) any provision of the regulations in force that is made for the purposes of any of the above provisions.
(a) Division 2 of Part 2 of Schedule 3 to this Act,
(b) Part 4 of Schedule 3 to this Act,
(c) Schedule 4 to this Act.
(a) section 28BB of the Western Lands Act 1901 as in force immediately before its repeal,
(b) Schedule 4 to the Western Lands Act 1901 as in force immediately before its repeal,
(c) section 40A of the applied Crown Lands Act provisions.
(a) commencing on 19 March 2018, and
(b) ending immediately before the repeal day.
During the transitional purchase period—
(a) Schedule 4 (Purchasable leases) to this Act applies only in relation to the purchase of land under leases (or formerly under leases) granted under the Western Lands Act 1901, but does not apply in relation to land under tenures to which Schedules 1 and 2 to this Act will apply on and from the repeal day, and
(b) the new purchase provisions and the commenced ancillary provisions apply instead of the old purchase provisions except to the extent that the new purchase provisions or commenced ancillary provisions provide for the application of the old purchase provisions, and
(c) the commenced ancillary provisions have effect during the transitional purchase period only for the purposes of the application or administration of the new purchase provisions, and
(d) if a purchase application is granted under the new purchase provisions in respect of land under a lease granted under the Western Lands Act 1901, section 18G of that Act ceases to apply to the land on the granting of the application, and
(e) the new purchase provisions and commenced ancillary provisions have effect subject to the modifications specified by subclause (2).
The following modifications to this Act apply during the transitional purchase period—
(a) purchase applications cannot be made or granted under Schedule 4 in respect of land under leases that are not Western lands perpetual leases or continued Western lands term leases,
(b) a reference in Schedule 4 to Western Crown land is to be read as being a reference to Crown land within the meaning of the Crown Lands Act 1989 that is within the Western Division (as defined in that Act),
(c) a reference in Schedule 4 to a purchasable lease is to be read as being a reference only to Western lands perpetual leases or continued Western lands term leases,
(d) a reference in Schedule 4 to a continued term lease in its application to leases over Western Crown land is to be read as a reference to a continued Western lands term lease,
(e) in Schedule 4, the commenced ancillary provisions and any provision applied by paragraph (f)—
(i) a reference to Crown land is to be read as reference to Crown land within the meaning of the Crown Lands Act 1989, and
(ii) a reference to the Western Division is to be read as reference to the Western Division as defined in the Crown Lands Act 1989,
(f) subject to subclause (1) and paragraphs (a)–(e) of this subclause, the following provisions of this Act apply in relation to the new purchase provisions even if they have not commenced—
(i) any relevant definitions in Part 1 of this Act,
(ii) any relevant definitions in Schedule 3 to this Act.
To avoid doubt, nothing in this clause affects the application or operation of—
(a) the applied Crown Lands Act provisions (except section 40A of those provisions), or
(b) the Western Lands Act 1901 (except the old purchase provisions and section 18G of that Act).
For example, the applied Crown Lands Act provisions will continue to authorise the Minister to sell Crown land in the Western Division during the transitional purchase period.
During the transitional purchase period, the definition of
To avoid doubt, the new purchase provisions and the commenced ancillary provisions continue to apply after the end of the transitional purchase period in relation to any leases and any resulting new incomplete purchases resulting from the application of those provisions during the period.
Division 4.2 of this Act commences on the date of assent to this Act. This Division of this Part provides for the transfer of Crown land under Division 4.2 of this Act from the date of assent until immediately before the repeal day.
In this Division—
(a) beginning on the date of assent to this Act, and
(b) ending immediately before the repeal day.
The Minister cannot use the old council transfer provisions to vest land in local councils during the transitional vesting period.
The following provisions apply in relation to the vesting of land in local councils under the new council transfer provisions during the transitional vesting period—
(a) a reference to transferable Crown land in the new council transfer provisions is to be read as being a reference to prescribed land (as defined in the old council transfer provisions),
(b) the following provisions of this Act apply (and functions are conferred or imposed under them) in relation to the vesting of land under the new council transfer provisions even if they have not commenced—
(i) Part 8 (Native title rights and interests) of this Act,
(ii) any other provisions of this Act prescribed by the regulations,
(iii) any relevant definitions in Part 1 of this Act, except as provided by paragraph (a).
To avoid doubt, regulations may be made for the purposes of a provision that applies because of subclause (1) (b) even though it has not commenced.
Except as provided by subclause (2), any amount owing under a repealed Act or repealed statutory rule to a person, body or entity continues on and from the repeal day to be owing under this Act to the same person, body or entity.
Any amount owing under a repealed Act or repealed statutory rule to a body or entity reconstituted or abolished by this Part is taken on and from the repeal day to be owing under this Act—
(a) if there is a successor body—to the successor body, or
(b) if there is no successor body—to the Crown.
The following provisions apply in relation to a transitional reserve trust—
(a) any amount owing to the reserve trust under a repealed Act or repealed statutory rule continues to be owing to it under subclause (1) while the reserve trust is in existence during its continuation period,
(b) this clause applies on the transition day to any amount continuing to be owing to the reserve trust under a repealed Act or repealed statutory rule immediately before that day as if the reference in subclause (2) to the repeal day were a reference to the transition day.
This clause does not limit Schedule 6 if it is applied by a provision of this Part to a particular transfer of assets, rights or liabilities.
In this clause—
(a) for a reconstituted or abolished reserve trust—a statutory land manager, local council or corporation that is taken by clause 11 to have been appointed as the Crown land manager of the former trust land (as defined in that clause), and
(b) for an abolished trust for special trust land referred to in clause 12—a statutory land manager taken by clause 12 to have been appointed as the Crown land manager of the trust’s land, and
(c) for an abolished trust over institutional public trust land—a statutory land manager taken by clause 13 to have been appointed as the Crown land manager of the trust’s land, and
(d) for the abolished Trust for the Orange Show Ground—the Orange City Council.
This clause applies to a purpose declared to be a public purpose (a
Subject to the regulations, a declared public purpose continues on and from the repeal day to have effect for the purposes of the definition of
Any advisory committee established under section 12 of the Crown Lands Act 1989 continues in existence on and from the repeal day as an advisory committee established under section 12.1 of this Act.
Any uncompleted reference to the Secretary under section 19 of the Crown Lands Act 1989 may be completed on and from the repeal day as if that section had not been repealed.
Any arrangement under section 18 of the Crown Lands Act 1989 is taken on and from the repeal day to be an arrangement entered into under section 12.4 of this Act.
Each of the following persons is taken to have been appointed as an authorised officer on and from the repeal day—
(a) any person who is an authorised inspector under the Crown Lands Act 1989, and
(b) any person who is an authorised person for the purposes of Division 5 of Part 7 of the Crown Lands Act 1989 of a kind referred to in paragraph (b) or (c) of the definition of
authorised person in section 153 of that Act.
The person’s appointment as an authorised officer is subject to the same limitations specified in the person’s instrument of appointment as an authorised inspector or authorised person.
If any of these limitations is by reference to a provision of the Crown Lands Act 1989, that limitation is to be read as a limitation by reference to the corresponding provisions (if any) of this Act.
The person may continue to use the person’s identification card as an authorised inspector or authorised person as an identity card for the purposes of this Act until it is replaced.
This clause applies to land (
If clause 11 operates to appoint a non-council manager as the Crown land manager of the former reserve land, a plan of management in force under Division 6 of Part 5 of the Crown Lands Act 1989 for that land is taken on and from the repeal day to be a plan of management for that land under Division 3.6 of this Act.
If clause 11 operates to appoint a council manager as the Crown land manager of the former reserve land, the following provisions apply—
(a) subject to subclause (4), a plan of management in force under Division 6 of Part 5 of the Crown Lands Act 1989 for that land continues in force in respect of the land until whichever of the following occurs first—
(i) a new plan of management under the Local Government Act 1993 is adopted for the land for the purposes of section 3.23 of this Act,
(ii) the land is classified as operational land with Minister’s consent under section 3.22 of this Act,
(iii) the initial period referred to in section 3.23 of this Act ends,
(b) the Minister has the same power to cancel (but not to alter) the plan of management as the Minister had under section 115 of the Crown Lands Act 1989,
(c) the council manager cannot do anything that contravenes the plan of management while it continues in force.
A plan of management in force under Division 6 of Part 5 of the Crown Lands Act 1989 that ceases to continue in force because of subclause (3) (a) (ii) is taken, on and from the day the former reserve land becomes operational land, to be a plan of management under Division 3.6 of this Act.
See section 3.23 concerning adoptions of plans of management by council managers.
This Division applies on and from the repeal day to a provision (an
Each of the following provisions is excluded from subclause (1)—
(a) a provision of the amending Act,
(b) a provision of any other Act or instrument made under another Act that contains a reference inserted or substituted by, or retained despite, an amendment made to the provision by the amending Act,
(c) a spent savings or transitional provision of any other Act or an instrument made under any other Act,
(d) a provision of an Act or instrument made under an Act (or a provision belonging to a class of provisions) prescribed by the regulations.
This Division extends to an affected legislative provision that contains a reference to an Act repealed by the Crown Lands Act 1989 if it was required to be read as a reference to the Crown Lands Act 1989 or Crown Lands (Continued Tenures) Act 1989.
For example, clause 21 (1) of Schedule 8 to the Crown Lands Act 1989 required a reference in any other Act, in any instrument made under an Act or in any other instrument to the Crown Lands Consolidation Act 1913 to be read as a reference to the Crown Lands Act 1989. See also section 68 (References to amended or repealed Acts and instruments) of the Interpretation Act 1987.
This Division has effect unless the context or subject-matter indicates or requires differently.
In any affected legislative provision—
(a) subject to paragraph (b), a reference to a repealed Act is to be read as a reference to this Act, and
(b) a reference to a provision of a repealed Act is to be read as a reference to the corresponding provision (if any) of this Act.
A reference in any affected legislative provision to land that is dedicated or reserved under a repealed Act is to be read as a reference to land that is dedicated or reserved under this Act.
A reference in any affected legislative provision to a reserve trust (as defined in Part 5 of the Crown Lands Act 1989) is to be read as a reference to—
(a) in the case where it relates to particular dedicated or reserved Crown land—the Crown land manager (if any) for that land, or
(b) in any other case—to a Crown land manager.
Unless the regulations provide differently, this Division applies to the provisions of non-legislative instruments in the same way as it applies to affected legislative provisions.
A
This clause applies to each regulatory authorisation held by or on behalf of a reconstituted or abolished body (an
Each of the existing regulatory authorisations becomes a regulatory authorisation of the successor body for the reconstituted or abolished body (the
The provisions of the relevant State legislation apply in relation to a successor body in relation to a transferred regulatory authorisation subject to any modifications prescribed by the regulations.
The Minister is not to recommend the making of a regulation for the purposes of subclause (3) unless the Minister administering the Act or statutory rule proposed to be modified has consented to the modification concerned.
The person or body (a
No fee or charge is payable by a successor body to a regulatory body for or in respect of the exercise of any function by the regulatory body in connection with the transfer or re-issue of a regulatory authorisation by operation of, or under, this clause.
The following provisions apply in relation to a transitional reserve trust—
(a) any regulatory authorisation held by or on behalf of the reserve trust immediately before the repeal day continues to be held by or on behalf of it while the reserve trust is in existence during its continuation period,
(b) this clause applies on the transition day to any regulatory authorisation held by or on behalf of the reserve trust immediately before that day as if the reference in subclause (2) to the repeal day were a reference to the transition day.
In this clause—
(a) a reconstituted or abolished reserve trust,
(b) an abolished trust for special trust land referred to in clause 12,
(c) an abolished trust over institutional public trust land,
(d) the abolished Trust for the Orange Show Ground.
(a) a licence under the Betting and Racing Act 1998,
(b) a licence under the Liquor Act 2007,
(c) a poker machine entitlement or licence under the Gaming Machines Act 2001,
(d) a licence under the Totalizator Act 1997,
(e) any other licence, permit, consent, entitlement, accreditation or other authority of a kind prescribed by the regulations.
(a) for a reconstituted or abolished reserve trust—a statutory land manager, local council or corporation that is taken by clause 11 to have been appointed as the Crown land manager of the former trust land (as defined in that clause), and
(b) for an abolished trust for special trust land referred to in clause 12—a statutory land manager taken by clause 12 to have been appointed as the Crown land manager of the trust’s land, and
(c) for an abolished trust over institutional public trust land—a statutory land manager, local council or corporation taken by clause 13 to have been appointed as the Crown land manager of the trust’s land, and
(d) for the abolished Trust for the Orange Show Ground—the Orange City Council.
The Minister may, by written order, give directions as to the name of any statutory land manager or other corporation that is taken to be constituted by this Part.
A corporation to which a direction applies is taken for the purposes of this Act to have the name specified in the direction despite anything in this Part or any other provision of this Act.
No compensation is payable for—
(a) the loss of an office (including that of a trustee) because of the operation of this Schedule, or
(b) the abolition of a corporation, trust or other entity because of the operation of this Schedule.
The operation of this Schedule is not to be regarded as—
(a) a breach of contract or confidence or otherwise as a civil wrong, or
(b) a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or
(c) giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or
(d) an event of default under any contract or other instrument.
Subclause (1) does not limit application of clause 43 or clause 3 of Schedule 6 in their application to matters arising under or resulting from the operation of this Schedule.
In this section—
Subject to this Part, Schedules 1–4 and the regulations, anything done under or for the purposes of a provision of a repealed Act or repealed statutory rule is, to the extent that it has effect immediately before the repeal of the provision, taken on and from the repeal day to have been done under or for the purposes of the corresponding provision (if any) of this Act.
Subject to this Part, anything done under or for the purposes of a pre-amended Crown roads provision is, to the extent that it has effect immediately before the repeal or amendment of the provision, taken on and from the repeal day to have been done under or for the purposes of the corresponding provision (if any) of the Roads Act 1993 or regulations under that Act (as amended by Schedule 3 to the amending Act).
In this clause—
In this Part—
This Part has effect despite anything to the contrary in this Act or the Local Government Act 1993 (including in respect of maximum terms or conditions for licences).
Any matter or thing taken to have been granted or reserved by this Part may be varied, forfeited, revoked, terminated or cancelled or dealt with in any other way under this Act.
On and from the repeal day, the following are revoked—
(a) the dedication of the Trust land made under section 3 of the repealed Act,
(b) any licence granted by the Trustee corporation over the Trust land except as provided by this Part.
On and from the repeal day, the land comprised in the Trust land—
(a) becomes Crown land, and
(b) is taken to be reserved under Part 2 of this Act for use for community purposes.
Section 1.10 provides for land that becomes Crown land because of the operation of a provision of this Act.
To avoid doubt, the continued use of the land for the Dhiiyaan Aboriginal Centre is a use for community purposes.
On the repeal day, the following are abolished—
(a) any trust over the Trust land,
(b) the Trustee corporation.
On and from the repeal day, the following provisions apply—
(a) Moree Plains Shire Council is taken to have been appointed as the Crown land manager of the Trust land,
(b) the assets, rights and liabilities of the Trustee corporation are transferred to Moree Plains Shire Council.
Schedule 6 applies to a transfer of any assets, rights or liabilities under this clause.
This clause applies to the land comprised in the reserved Crown land to which the Moree RSL Sub-branch licence applied immediately before the repeal day.
On and from the repeal day, the Moree RSL Sub-branch licence is taken to have been a licence granted under this Act over the reserved Crown land to which this clause applies (the
The Moree RSL Sub-branch continued licence—
(a) is subject to the same conditions to which the Moree RSL Sub-branch licence was subject immediately before the repeal day and may be varied or revoked as if they were imposed under this Act, and
(b) expires on the expiry date.
To avoid doubt, the Moree RSL Sub-branch is permitted to use the reserved Crown land to which this clause applies in accordance with the conditions of the Moree RSL Sub-branch continued licence.
In this clause—
(a) the day on which the Moree RSL Sub-branch licence was to expire immediately before the repeal day unless an option is exercised in accordance with the conditions of the continued licence, or
(b) if the option is exercised—the day on which the continued licence is to expire after the exercise of the option in accordance with the conditions of the licence.
This clause applies to the land comprised in the reserved Crown land to which the Dhiiyaan Aboriginal Centre licence applied immediately before the repeal day.
A licence is taken to have been granted under this Act over the reserved Crown land to which this clause applies to permit the Dhiiyaan Aboriginal Centre to continue (the
The Dhiiyaan Aboriginal Centre continued licence—
(a) is subject to any conditions that may be prescribed by the regulations, and
(b) expires on the day on which the Dhiiyaan Aboriginal Centre licence was to expire immediately before the repeal day or as may be prescribed by the regulations.
Without limiting any other power to grant licences under this Act, a licence may be granted over the reserved Crown land to which this clause applies for the purpose of permitting the Dhiiyaan Aboriginal Centre to continue on terms and conditions that are the same as or similar to those of the Dhiiyaan Aboriginal Centre licence.
The operation of this Part is not to be regarded as a civil wrong, or—
(a) a breach of contract or confidence or otherwise as a civil wrong, or
(b) a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or
(c) giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or
(d) an event of default under any contract or other instrument.
Subclause (1) does not limit the application of clause 43 or clause 3 of Schedule 6 in their application to matters arising under or resulting from the operation of this Part.
In this clause—
This clause applies to—
(a) land that, immediately before the commencement, was used as a cemetery managed by the Metropolitan Memorial Parks Land Manager, and
(b) any proceeds or other property arising from the use of the land referred to in paragraph (a) as a cemetery that, immediately before the commencement, were subject to any equitable interests or trusts for charitable purposes.
From the commencement—
(a) any equitable interests or trusts for charitable purposes existing in or arising from the use of the land as a cemetery are extinguished, including any equitable interests or trusts in the proceeds or other property arising from the use of the land, and
(b) land that, immediately before the commencement, was subject to a charitable trust referred to in paragraph (a) is vested in the Crown as a Crown reserve for the purpose of a cemetery, and
(c) the Crown land manager for the land is the person who, immediately before the commencement, held the land, and
(d) proceeds or other property arising from the use of the land that, immediately before the commencement, were subject to a charitable trust, are vested in the Crown land manager for the land in the manager’s capacity as Crown land manager.
No equitable interest is created in Crown land merely because of the use of the Crown land as a cemetery in accordance with this Act.
This clause does not apply in relation to the CCC Trust within the meaning of the Catholic Cemeteries and Crematoria Trust Act 2024.
In this clause—
(Repealed)
Crown Land Management Act 2016 No 58. Assented to 14.11.2016. Date of commencement (except sec 5.9, Divs 4.2, 5.10 and 7.4, sec 12.3, Divs 12.3 and 12.7, secs 13.2 and 13.5, Div 2 of Part 2 of Sch 3, Part 4 of Sch 3 and Schs 4, 7 and 8 to the extent that it repeals sec 28BB of, and Sch 4 to, the Western Lands Act 1901), 1.7.2018, sec 1.2 (1) and 2018 (225) LW 1.6.2018; date of commencement of sec 5.9, Divs 5.10 and 7.4, sec 12.3, Divs 12.3 and 12.7, sec 13.2, Div 2 of Part 2 of Sch 3, Part 4 of Sch 3 and Schs 4 and 8 (to the extent that it repeals sec 28BB of, and Sch 4 to, the Western Lands Act 1901), 19.3.2018, sec 1.2 (1) and 2018 (86) LW 16.3.2018; date of commencement of Div 4.2, sec 13.5 and Sch 7, assent, sec 1.2 (2). This Act has been amended by sec 10.23(9) of this Act and as follows—
No 17 | Crown Land Legislation Amendment Act 2017. Assented to 17.5.2017. Date of commencement of Sch 1, assent, sec 2 (2). | |
No 63 | Statute Law (Miscellaneous Provisions) Act (No 2) 2017. Assented to 23.11.2017. Date of commencement of Sch 1.7, 14 days after assent, sec 2 (1). | |
(88) | Crown Land Management Regulation 2018. LW 16.3.2018. Date of commencement of Sch 4, 19.3.2018, cl 2 (2). | |
(229) | Crown Land Management Amendment Regulation 2018. LW 1.6.2018. Date of commencement, on publication on LW, cl 2. | |
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 1.8, 14 days after assent, sec 2 (1). | |
No 68 | Statute Law (Miscellaneous Provisions) Act (No 2) 2018. Assented to 31.10.2018. Date of commencement of Sch 1.8, 8.1.2019, sec 2 (1). | |
No 70 | Government Sector Finance Legislation (Repeal and Amendment) Act 2018. Assented to 22.11.2018. Date of commencement of Sch 3, 1.12.2018, sec 2 (1) and 2018 (673) LW 30.11.2018; date of commencement of Sch 4.22, 1.7.2023, sec 2(1) and 2023 (91) LW 2.3.2023. | |
(119) | Crown Land Management Amendment Regulation 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
No 1 | Statute Law (Miscellaneous Provisions) Act 2019. Assented to 17.6.2019. Date of commencement of Sch 1.3, 14 days after assent, sec 2 (1). | |
No 5 | COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020. Assented to 14.5.2020. Date of commencement of Sch 1.9, assent, sec 2(1). | |
(310) | Crown Land Management Amendment (Reserve Trusts) Regulation 2020. LW 26.6.2020. Date of commencement, 1.7.2020, cl 2. | |
(571) | Crown Land Management Amendment (Reserve Trusts) Regulation (No 2) 2020. LW 25.9.2020. Date of commencement, on publication on LW, cl 2. | |
No 5 | COVID-19 Recovery Act 2021. Assented to 25.3.2021. Date of commencement of Sch 1.10, assent, sec 2(1). | |
No 10 | Real Property Amendment (Certificates of Title) Act 2021. Assented to 24.5.2021. Date of commencement of Sch 3, 11.10.2021, sec 2(1) and 2021 (476) LW 27.8.2021. | |
(344) | Crown Land Management Amendment (Reserve Trusts) Regulation 2021. LW 30.6.2021. Date of commencement, on publication on LW, cl 2. | |
(602) | Crown Land Management Amendment (Reserve Trusts) Regulation (No 2) 2021. LW 15.10.2021. Date of commencement, on publication on LW, sec 2. | |
(754) | Crown Land Management Amendment (Reserve Trusts) Regulation (No 3) 2021. LW 17.12.2021. Date of commencement, on publication on LW, sec 2. | |
No 5 | COVID-19 and Other Legislation Amendment (Regulatory Reforms) Act 2022. Assented to 24.3.2022. Date of commencement of Sch 1.7, assent, sec 2(1). | |
No 7 | Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. | |
(36) | Crown Land Management Amendment (Reserve Trusts) Regulation 2024. LW 23.2.2024. Date of commencement, on publication on LW, sec 2. | |
No 27 | Property NSW Amendment Act 2024. Assented to 31.5.2024. Date of commencement, assent, sec 2. | |
No 44 | Catholic Cemeteries and Crematoria Trust Act 2024. Assented to 24.6.2024. Date of commencement, 30.6.2024, sec 2. | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2024. Assented to 21.11.2024. Date of commencement of Schs 2.4 and 4, assent, sec 2(b). |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Sec 1.5 | Am 2017 No 17, Sch 1 [1]–[6]; 2019 No 1, Sch 1.3; 2024 No 82, Sch 2.4. |
Sec 1.9 | Am 2017 No 17, Sch 1 [7]. |
Sec 2.18 | Am 2017 No 17, Sch 1 [8]. |
Sec 2.23 | Am 2017 No 17, Sch 1 [9]. |
Sec 3.1 | Am 2017 No 17, Sch 1 [10]. |
Sec 3.10 | Subst 2017 No 17, Sch 1 [11]. |
Sec 3.12 | Am 2017 No 17, Sch 1 [12]. |
Sec 3.13 | Am 2017 No 17, Sch 1 [13]. |
Sec 3.15 | Am 2017 No 17, Sch 1 [8]. |
Sec 3.16 | Am 2017 No 17, Sch 1 [14]. |
Sec 3.17 | Am 2017 No 17, Sch 1 [15]. |
Sec 3.24 | Am 2017 No 17, Sch 1 [16]. |
Sec 3.26 | Am 2017 No 17, Sch 1 [17]. |
Sec 3.27 | Am 2018 No 68, Sch 1.8 [1]. |
Sec 3.28A | Ins 2017 No 17, Sch 1 [18]. |
Sec 3.30 | Am 2018 No 70, Sch 4.22. |
Sec 4.4 | Am 2017 No 17, Sch 1 [19]. |
Sec 4.9 | Am 2021 No 10, Sch 3.12[1]. |
Sec 4.11 | Am 2024 No 27, Sch 2.3. |
Sec 4.14 | Am 2021 No 10, Sch 3.12[1]. |
Sec 5.3 | Am 2017 No 17, Sch 1 [20]. |
Sec 5.7 | Am 2017 No 17, Sch 1 [21]. |
Sec 5.21 | Am 2018 No 68, Sch 1.8 [2]. |
Sec 5.37 | Subst 2017 No 63, Sch 1.7 [1]. |
Sec 5.57 | Am 2018 No 68, Sch 1.8 [3]. |
Sec 6.5 | Am 2017 No 17, Sch 1 [22]; 2018 No 25, Sch 1.8 [1]. |
Div 8.5 (sec 8.14) | Ins 2017 No 17, Sch 1 [23]. |
Sec 9.12 | Am 2018 No 68, Sch 1.8 [4]–[6]. |
Sec 9.24 | Am 2024 No 82, Sch 4.3. |
Sec 10.23 | Am 2016 No 58, sec 10.23(9); 2020 No 5, Sch 1.9[1]; 2021 No 5, Sch 1.10; 2022 No 5, Sch 1.7. |
Sec 11.3 | Am 2017 No 17, Sch 1 [24]. |
Sec 11.16 | Am 2017 No 17, Sch 1 [8]. |
Part 12, introductory note | Am 2017 No 17, Sch 1 [25]. |
Sec 12.13 | Am 2017 No 63, Sch 1.7 [2]. |
Sec 12.18 | Am 2020 No 5, Sch 1.9[2]. |
Div 12.5 (secs 12.26–12.31) | Ins 2017 No 17, Sch 1 [26]. |
Div 12.6 (previously Div 12.5) | Renumbered 2017 No 17, Sch 1 [27]. |
Sec 12.30 | Subst 2018 No 70, Sch 3.14. |
Secs 12.32, 12.33 (previously secs 12.26, 12.27) | Renumbered 2017 No 17, Sch 1 [28]. |
Sec 12.34 (previously sec 12.28) | Am 2017 No 17, Sch 1 [29]. Renumbered 2017 No 17, Sch 1 [28]. |
Div 12.7 (previously Div 12.6) | Renumbered 2017 No 17, Sch 1 [27]. |
Secs 12.35–12.38 (previously secs 12.29–12.32) | Renumbered 2017 No 17, Sch 1 [28]. |
Sec 13.1 | Am 2021 No 10, Sch 3.12[2]. |
Sec 13.5 | Am 2017 No 17, Sch 1 [30]. |
Sch 1 | Am 2018 (88), Sch 4.1 [1]–[7]. |
Sch 3 | Am 2017 No 17, Sch 1 [31]; 2018 (88), Sch 4.7 [1]–[5]. |
Sch 4 | Am 2018 (88), Sch 4.7 [6]–[18]; 2023 No 7, Sch 2.21. |
Sch 5 | Am 2017 No 17, Sch 1 [32]–[35]. |
Sch 7 | Am 2017 No 17, Sch 1 [36]–[54]; 2018 (88), Sch 4.2 [1]–[8], 4.3 [1] [2], 4.4, 4.5, 4.6 [1] [2], 4.7 [19], 4.8 [1]–[4]; 2018 (229), Sch 2 [1]–[24]; 2018 No 25, Sch 1.8 [2]; 2019 (119), cl 3 (1)–(4); 2020 (310), cl 3(1) (2); 2020 (571), cl 3(1) (2); 2021 (344), cl 3(1) (2); 2021 (602), sec 3(1) (2); 2021 (754), sec 3(1) (2); 2024 (36), Sch 1[1] [2]; 2024 No 44, Sch 3. |
Sch 8 | Am 2017 No 17, Sch 1 [55]. Rep 1987 No 15, sec 30C. |
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