68Reclassification of public land as operational land

68 Reclassification of public land as operational land

68 Reclassification of public land as operational land

(1) The land described in Part 2 of Schedule 2 is classified or reclassified as operational land for the purposes of the Local Government Act 1993.

(2) In accordance with section 30 of the Local Government Act 1993, a parcel of land described in Part 2 of Schedule 2, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from any trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except for—

(aa) those trusts, estates, interests, dedications, conditions, restrictions and covenants (if any) specified in relation to the land described in Part 2 of Schedule 2, and

(a) any reservations that except land out of a Crown Grant relating to the land, and

(b) reservations of minerals (within the meaning of the Crown Land Management Act 2016).

(3) Before the relevant amending plan that inserted the description of a parcel of land into Part 2 of Schedule 2 was made, the Governor approved of subclause (2) applying to the land.

(4) In this clause, the relevant amending plan, in relation to a parcel of land described in Part 2 of Schedule 2, means this plan or, if the description of the land is inserted in that Part by another local environmental plan, that plan.

(5) Land described in Part 1 of Schedule 2 is not affected by the amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993.

cl 68: Am 2009 (317), Sch 1 [1]; 2019 (621), Sch 2.2[2].