{"id":"nsw:act-2002-139","name":"Callan Park (Special Provisions) Act 2002","slug":"callan-park-special-provisions-act-2002","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"139 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105067,"registerId":"nsw-act-2002-139-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Callan Park (Special Provisions) Act 2002](/view/html/inforce/current/act-2002-139).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on the date of assent.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act—\n> \n> Callan Park means the land at Rozelle comprised in Lot 1, Deposited Plan 807747, including all structures that are fixtures on that land.\n> \n> community trustee board has the same meaning as in the [Greater Sydney Parklands Trust Act 2022](/view/html/inforce/current/act-2022-009).\n> \n> development has the same meaning as in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> \n> environmental planning instrument has the same meaning as in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> \n> Trust means the Greater Sydney Parklands Trust constituted under the [Greater Sydney Parklands Trust Act 2022](/view/html/inforce/current/act-2022-009).\n> \n> **s 3:** Am 2022 No 9, Sch 5.1\\[1\\].","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Objects of Act","content":"#### 4 Objects of Act\n\n4 Objects of Act\n\n> The objects of this Act are—\n> \n> > (a) to ensure that the whole of Callan Park remains in public ownership and subject to public control, and\n> \n> > (b) to ensure the preservation of the areas of open space at Callan Park that were in existence immediately before the commencement of this Act, and that extend to and include the foreshore of Iron Cove on the Parramatta River, and\n> \n> > (c) to allow public access to that open space, including that foreshore, for public recreational purposes of both an active and a passive nature, and\n> \n> > (d) to preserve the heritage significance of Callan Park, including its historic buildings, gardens and other landscape features, and\n> \n> > (e) to impose appropriate controls on the future development of Callan Park.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Callan Park not to be sold or otherwise disposed of","content":"#### 5 Callan Park not to be sold or otherwise disposed of\n\n5 Callan Park not to be sold or otherwise disposed of\n\n> > (1) The sale, transfer, lease or other alienation, and any mortgage or other encumbrance, of Callan Park, or any part of Callan Park, is prohibited, except as provided by this Act.\n> \n> > (2) The Governor may, by proclamation, vest Callan Park for an estate in fee simple in a statutory body representing the Crown that is subject to the direction and control of the Minister.","sortOrder":4},{"sectionNumber":"5A","sectionType":"section","heading":"Acquisition of substratum or part of Callan Park for public purpose","content":"#### 5A Acquisition of substratum or part of Callan Park for public purpose\n\n5A Acquisition of substratum or part of Callan Park for public purpose\n\n> > (1) Despite section 5, the substratum of Callan Park, or a part of Callan Park, may be acquired for a public purpose.\n> \n> > (2) In this section—\n> > \n> > public purpose has the same meaning as in the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022).\n> \n> **s 5A:** Ins 2021 No 44, Sch 1.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Leases, licences and management agreements","content":"#### 6 Leases, licences and management agreements\n\n6 Leases, licences and management agreements\n\n> > (1) A lease of, or a licence allowing the use of—\n> > \n> > > (a) a building or part of a building within Callan Park, and of any adjoining land needed to enable the use of the building or part of the building, or\n> > \n> > > (b) any land within Callan Park,\n> > \n> > may be granted with the consent of the Minister.\n> \n> > (2) The term of any such lease or licence, including the term of any further lease or licence that may be granted under an option for renewal of the lease or licence, must not exceed—\n> > \n> > > (a) for relevant premises—50 years, and\n> > \n> > > (b) otherwise—10 years.\n> \n> > (3) However, subsection (2)(b) does not prevent leases or licences being granted for terms of, or successive terms totalling, more than 10 years if—\n> > \n> > > (a) a notice stating the name of the proposed lessee or licensee, the main purpose of the proposed lease or licence and details of the proposed term and any proposed optional terms, has been tabled in each house of Parliament, and\n> > \n> > > (b) resolutions have been passed by each House confirming the proposal for the term or terms, or no resolution has been passed by either House disallowing the proposal for the term or terms within 15 sitting days after the notice was tabled in that House.\n> \n> > (4) The care, control and management of Callan Park, of any building at Callan Park or of any part of either of them may be contracted out with the consent of the Minister but only to—\n> > \n> > > (a) the council of the local government area in which Callan Park is situated, or\n> > \n> > > (b) a trust prescribed by the regulations, if the trust has agreed to undertake that care, control and management in accordance with the objects of this Act.\n> \n> > (5) A lease or licence referred to in subsection (1), and a contract to which subsection (4) applies, must not allow a use that is not authorised by section 7 (3).\n> \n> > (5A) To avoid doubt, a lease, licence or contract under this section may be granted or entered into for the purposes of an arts or cultural event, including on a commercial basis.\n> > \n> > Example—\n> > \n> > a lease granted for a music festival to be held within Callan Park\n> \n> > (6) Before granting a consent under this section, the Minister must—\n> > \n> > > (a) cause notice of the proposal to grant the lease or licence or to enter the contract to be published in a manner that the Minister is satisfied is likely to bring the proposal to the attention of members of the public in the locality, and\n> > \n> > > (b) have regard to any written comments received in response to the notice within 30 days after the date of the last publication, and\n> > \n> > > (c) publish the reasons for the decision to grant consent in a manner that the Minister is satisfied is likely to bring the reasons to the attention of members of the public in the locality.\n> \n> > (6A) The notice of the proposal must include a summary of the main terms of the lease, licence or contract, together with details of any related proposal to deal in land located in Callan Park of which the Minister is aware.\n> \n> > (7) A regulation prescribing a trust for the purposes of this section takes effect on the day following the last day on which it is capable of being disallowed under section 41 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) (as modified by subsection (8)) or on such later day as may be specified in the regulation.\n> \n> > (8) Despite section 41 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), a resolution by a House of Parliament to disallow any such regulation does not have effect unless notice of the resolution is given within 15 sitting days of the House after written notice of the making of the regulation is laid before that House under section 40 of that Act.\n> \n> > (9) In this section—\n> > \n> > relevant premises means the following—\n> > \n> > > (a) Kirkbride,\n> > \n> > > (b) Broughton Hall,\n> > \n> > > (c) the Convalescent Cottages.\n> \n> **s 6:** Am 2018 No 25, Sch 2.2 \\[1\\]–\\[3\\]; 2022 No 9, Sch 5.1\\[2\\]–\\[5\\].","sortOrder":6},{"sectionNumber":"6A","sectionType":"section","heading":"Open tender process to be used for leases and certain licences","content":"#### 6A Open tender process to be used for leases and certain licences\n\n6A Open tender process to be used for leases and certain licences\n\n> The Trust must not grant a lease, or a licence with a term of 10 years or more, over Callan Park unless the granting of the lease or licence has been the subject of an open tender process.\n> \n> **s 6A:** Ins 2022 No 9, Sch 5.1\\[6\\].","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Development at Callan Park restricted","content":"#### 7 Development at Callan Park restricted\n\n7 Development at Callan Park restricted\n\n> > (1) (Repealed)\n> \n> > (2) The consent authority for development applications relating to land within Callan Park is the council of the local government area within which the land is situated, despite any other Act or any environmental planning instrument.\n> \n> > (3) Development may be carried out at Callan Park, with development consent, for the following purposes on a not-for-profit basis—\n> > \n> > > (a) arts and culture facilities,\n> > \n> > > (b) community facilities,\n> > \n> > > (c) educational facilities,\n> > \n> > > (d) food and drink premises,\n> > \n> > > (e) health facilities.\n> > \n> > Note—\n> > \n> > Development may be carried out for a purpose referred to in this subsection only on a not-for-profit basis and not on a commercial basis.\n> \n> > (3A) However, development for the following purposes is prohibited at Callan Park—\n> > \n> > > (a) function centres,\n> > \n> > > (b) hotels,\n> > \n> > > (c) retirement villages.\n> \n> > (4) [State Environmental Planning Policy No 5—Housing for Older People or People with a Disability](/view/html/repealed/current/epi-1998-0009) does not apply to Callan Park.\n> \n> > (5) Buildings must not be erected at Callan Park outside the footprints or building envelopes of the buildings that existed immediately before the commencement of this Act.\n> \n> > (5A) Subsection (5) does not prevent the erection of the following outside the footprints or building envelopes of the existing buildings—\n> > \n> > > (a) accessibility or safety structures,\n> > \n> > > (b) amenities blocks,\n> > \n> > > (c) temporary structures.\n> \n> > (6) Consent must not be granted for any development at Callan Park if the development would result in—\n> > \n> > > (a) less open space at Callan Park than existed immediately before the commencement of this Act, or\n> > \n> > > (b) an increase in the total floor area of all buildings that existed at Callan Park immediately before the commencement of this Act.\n> \n> > (7) Development at Callan Park must not adversely affect the Broughton Hall Garden, Charles Moore Garden or Kirkbride Garden.\n> \n> > (8) In determining a development application, the consent authority must take into consideration the objects of this Act in addition to all other matters that are required to be taken into consideration.\n> \n> > (9) In this section—\n> > \n> > community facility means a facility (not being an educational facility or a health service) providing services to the community on a not-for-profit basis.\n> > \n> > educational facility means a university or any other facility providing educational services, but does not include a secondary school or a primary school.\n> \n> **s 7:** Am 2022 No 9, Sch 5.1\\[7\\]–\\[10\\].","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Community trustee boards","content":"#### 8 Community trustee boards\n\n8 Community trustee boards\n\n> > (1) This section applies if there is a community trustee board for Callan Park.\n> \n> > (2) The Trust must, in exercising its functions in relation to Callan Park—\n> > \n> > > (a) consult with the community trustee board, and\n> > \n> > > (b) have regard to the advice and recommendation of the board in relation to Callan Park.\n> \n> > (3) Without limiting subsection (2), the Trust must consult with and have regard to the advice of a community trustee board established for Callan Park about the following—\n> > \n> > > (a) the development and review of the plan of management for Callan Park,\n> > \n> > > (b) proposed new or modified services and facilities for Callan Park,\n> > \n> > > (c) matters of local relevance to Callan Park, including the protection and use of Callan Park and the business and other activities carried out, or to be carried out, on Callan Park.\n> \n> > (4) In this section—\n> > \n> > Callan Park includes a part of Callan Park.\n> \n> **s 8:** Subst 2022 No 9, Sch 5.1\\[11\\].","sortOrder":9},{"sectionNumber":"8A","sectionType":"section","heading":"Compliance with approved consultation and engagement framework","content":"#### 8A Compliance with approved consultation and engagement framework\n\n8A Compliance with approved consultation and engagement framework\n\n> > (1) The Trust must, in exercising its functions in relation to consultation and engagement with any of the following, comply with the approved consultation and engagement framework—\n> > \n> > > (a) the community generally,\n> > \n> > > (b) visitors and other users of Callan Park,\n> > \n> > > (c) a community trustee board established for Callan Park,\n> > \n> > > (d) other stakeholders.\n> \n> > (2) In this section—\n> > \n> > approved consultation and engagement framework means the consultation and engagement framework approved by the Minister under the [Greater Sydney Parklands Trust Act 2022](/view/html/inforce/current/act-2022-009).\n> \n> **s 8A:** Ins 2022 No 9, Sch 5.1\\[11\\].","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Application of Heritage Act 1977","content":"#### 9 Application of Heritage Act 1977\n\n9 Application of [Heritage Act 1977](/view/html/inforce/current/act-1977-136)\n\n> This Act does not affect the application of the [Heritage Act 1977](/view/html/inforce/current/act-1977-136) to Callan Park.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Regulations","content":"#### 10 Regulations\n\n10 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) Sections 5 and 6 of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146) apply to or in respect of any regulation made under this Act in the same way as they apply to or in respect of a principal statutory rule (whether or not the regulation is a principal statutory rule within the meaning of that Act).","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Savings","content":"#### 11 Savings\n\n11 Savings\n\n> This Act does not affect any easement, lease or licence that was in force immediately before the commencement of this Act or affect the granting of a further lease under an option provided for in such a lease.","sortOrder":13}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2002 Act focused primarily on preventing sale and controlling development at Callan Park. The 2022 amendments (via the Greater Sydney Parklands Trust Act 2022) significantly expanded the scope by: (1) transferring management from the former Sydney Harbour Foreshore Authority to the new Greater Sydney Parklands Trust, (2) introducing mandatory open tender processes for long-term leases, (3) establishing formal community trustee board consultation requirements, (4) adding an approved consultation and engagement framework obligation, and (5) inserting specific provisions for arts/cultural events on a commercial basis. The legislation has evolved from a simple 'lock-up' statute to a comprehensive governance framework integrating Callan Park into a broader parklands trust structure."},"complexity_factors":["Moderate cross-referencing to external statutes (Greater Sydney Parklands Trust Act 2022, Environmental Planning and Assessment Act 1979, Land Acquisition (Just Terms Compensation) Act 1991, Heritage Act 1977, Interpretation Act 1987, Subordinate Legislation Act 1989)","Nested conditional logic in leasing provisions — standard 10-year limit with exceptions allowing up to 50 years for specific heritage buildings (Kirkbride, Broughton Hall, Convalescent Cottages) and parliamentary disallowance mechanisms for longer terms","Multiple amendment layers (2002 original, with amendments in 2018, 2021, and 2022) creating some structural fragmentation — notably section 8 was substituted entirely in 2022","Specific technical definitions required for 'relevant premises' and carve-outs for 'substratum' acquisition (underground rights)","Interaction between this Act and environmental planning instruments creates potential overlap/conflict requiring careful navigation"],"plain_english_summary":"**What this law does:**\n\nThis Act protects Callan Park — a significant heritage site and public parkland in Sydney's inner west (Rozelle) — by locking in permanent public ownership and controlling what can be built or done there.\n\n**Who it affects:**\n\n- **The general public** — guarantees ongoing access to the park and foreshore for recreation\n- **The Greater Sydney Parklands Trust** — the government body now responsible for managing the park (since 2022 amendments)\n- **Local council (Inner West)** — acts as the consent authority for any development applications\n- **Community groups** — through community trustee boards that must be consulted on major decisions\n- **Anyone wanting to lease space** — such as arts organisations, community groups, or educational institutions (but only on a not-for-profit basis)\n\n**Key protections:**\n\n- **No sale ever** — Callan Park cannot be sold, transferred, mortgaged, or leased long-term without special parliamentary scrutiny (section 5)\n- **No net loss of open space** — development cannot reduce the amount of parkland or increase total building floor area compared to 2002 levels (section 7)\n- **Heritage locked in** — historic buildings, gardens (including Kirkbride, Broughton Hall, and the Convalescent Cottages), and landscape features are protected\n- **Strict development limits** — new buildings generally can't go outside existing building footprints; certain uses like hotels, function centres, and retirement villages are banned outright\n- **Not-for-profit only** — any new development for arts, community, education, food/drink, or health purposes must be on a not-for-profit basis (commercial uses are blocked)\n\n**Why it matters:**\n\nCallan Park was formerly a psychiatric hospital with extensive grounds. This Act prevents the site from being carved up for private development or high-rise apartments — a common fate for valuable inner-city land. It ensures the park remains publicly accessible open space forever, while allowing sensitive adaptive reuse of heritage buildings for community benefit. The 2022 amendments transferred management to the Greater Sydney Parklands Trust and added requirements for open tender processes and community consultation."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Originally, the Act focused solely on preventing sale and restricting development on Callan Park. Subsequent amendments have significantly expanded its scope: Section 5A (2021) now allows acquisition of substratum for public purposes, piercing the absolute prohibition on disposal. Sections 6A and 8 (2022) introduced open tender requirements for long leases and mandatory consultation with community trustee boards, adding procedural and governance layers not present in the original Act."},"complexity_factors":["Cross-references to multiple other Acts (e.g., Environmental Planning and Assessment Act 1979, Greater Sydney Parklands Trust Act 2022, Heritage Act 1977)","Definitions that import meanings from other legislation","Conditional provisions (e.g., lease terms subject to parliamentary notice and disallowance)","Exceptions to general prohibitions (e.g., acquisition of substratum for public purpose, temporary structures)","Amendments that added new sections (5A, 6A, 8A) increasing scope and procedural requirements","Nested conditions in section 6 for leases over 10 years"],"plain_english_summary":"The Callan Park (Special Provisions) Act 2002 protects a specific parcel of land in Rozelle, Sydney (Callan Park) from being sold, leased, or mortgaged, with narrow exceptions. It ensures the land stays in public ownership and is managed for open space, recreation, and heritage preservation. \n\n**What it does:**\n- **Bans selling or mortgaging** the park, except transferring it to a government body.\n- **Allows only specific not-for-profit development** (arts, community, education, food/drink, health) with council consent. For-profit uses like hotels, function centres, and retirement villages are banned.\n- **Limits new buildings** to the footprints of existing structures, with minor exceptions for accessibility or temporary structures.\n- **Permits leases** of buildings or land for up to 10 years (or 50 years for certain historic buildings) with the Minister's approval. Leases longer than 10 years require parliamentary scrutiny.\n- **Requires open tender** for leases or licences over 10 years.\n- **Gives management** to the Greater Sydney Parklands Trust, which must consult a community trustee board and follow a ministerial framework.\n- **Does not override** the Heritage Act.\n\n**Who it affects:** Residents, visitors, developers, and local government. It preserves public access and limits commercial activity, while allowing some community-oriented uses."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act was originally passed in 2002, likely in response to the closure of Callan Park as a psychiatric facility and the need to protect the site from development. Its scope has evolved through amendments in 2018, 2021, and 2022, suggesting governance arrangements and permitted uses of the land have been adjusted over time — likely reflecting the transfer of management responsibilities to bodies such as the Greater Sydney Parklands Trust, which indicates an expansion beyond the original narrow protective intent toward a broader parklands management framework."},"complexity_factors":["The legislation has been amended multiple times (2018, 2021, 2022), meaning the current law differs from the original 2002 version and readers must track changes","Governance responsibility sits with the Minister for Planning and Public Spaces, linking this Act to broader administrative arrangements that require separate review","The site has heritage, mental health history, and open space dimensions that intersect multiple areas of law (heritage law, planning law, public land management)","A related bill (Greater Sydney Parklands Trust Amendment Bill 2026) signals potential further change, adding uncertainty for those trying to understand the current legal position","The full substantive provisions of the Act are not reproduced in the provided text, limiting the ability to assess detailed complexity — only metadata and status information is visible"],"plain_english_summary":"## Callan Park (Special Provisions) Act 2002\n\n**What is this law about?**\n\nThis NSW law deals with the Callan Park precinct — a significant heritage site in Rozelle, Sydney, which was historically used as a psychiatric hospital. The Act creates special rules governing how this land can be used, managed, and protected.\n\n**Who does it affect?**\n\n- **Residents and visitors** who use or live near the Callan Park site\n- **Government agencies and trusts** responsible for managing the land (currently under the oversight of the Minister for Planning and Public Spaces)\n- **Developers and institutions** who might seek to use or develop the site\n- **Heritage and community groups** with an interest in preserving the site's history and open space\n\n**Why does it matter?**\n\nCallan Park is a large, heritage-listed open space in inner Sydney. This Act puts special legal protections in place to prevent the land from being sold off or developed in ways that conflict with its public and heritage value. It essentially acts as a safeguard — ensuring the site remains accessible and protected from inappropriate commercial or private development.\n\nThe law has been updated several times (in 2018, 2021, and 2022), suggesting ongoing adjustments to how the land is governed. There is also a related bill currently before parliament (the Greater Sydney Parklands Trust Amendment (Review) Bill 2026) which may further change how this site is managed.\n\n**Bottom line:** If you care about public green space, heritage preservation, or live near Callan Park, this law directly protects those interests by placing strict limits on what can be done with the site."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/callan-park-special-provisions-act-2002","history":"/api/acts/callan-park-special-provisions-act-2002/history","analysis":"/api/acts/callan-park-special-provisions-act-2002/analysis","conflicts":"/api/acts/callan-park-special-provisions-act-2002/conflicts","importantCases":"/api/acts/callan-park-special-provisions-act-2002/important-cases","documents":"/api/acts/callan-park-special-provisions-act-2002/documents"}}