New South Wales act

Crown Land Management Act 2016

In ForceNSW

Jurisdiction

New South Wales

Act Number

58 of 2016

Collection

act

Plain English Summary

9/10 complexity

This Act creates a single legal framework for managing New South Wales Crown land. It sets who can dedicate, reserve or manage Crown land and gives the Minister, Ministerial Corporation and delegated managers powers to grant leases, licences, easements, alter conditions, withdraw or forfeit holdings, and recover fees. It also preserves and transitions existing Western‑division and irrigation tenures, sets processes for compensation, appeals and enforcement, and establishes administrative tools (fees, a Crown Reserves Improvement Fund and a State strategic plan). Holders, councils, statutory managers, Aboriginal interests and the public are directly affected.

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What it does

The Crown Land Management Act 2016 (the Act) is a comprehensive statute that consolidates and modernises the framework for the ownership, use, and management of Crown land in New South Wales. Crown land, as defined in s.1.7, encompasses land that was Crown land under the repealed Crown Lands Act 1989 immediately before its repeal, land that becomes Crown land by operation of the Act or a declaration under s.4.4, and land vested in the Crown (including in the name of the State). This definition is subject to exclusions in Division 1.3, such as land vested in a Minister or statutory body with express power to hold it (s.1.8(1)), and land under an incomplete purchase (s.1.9(4)).

At its core, the Act pursues six objects in s.1.3: (a) providing for ownership, use and management of Crown land; (b) clarifying the applicable law; (c) requiring environmental, social, cultural heritage and economic considerations in decision-making; (d) ensuring consistent, efficient, fair and transparent management for the benefit of the people of New South Wales; (e) facilitating Aboriginal use and, where appropriate, co-management of dedicated or reserved Crown land given its spiritual, social, cultural and economic importance; and (f) requiring regard to the principles of Crown land management set out in s.1.4. These principles include observing environmental protection, conserving natural resources, encouraging public use and multiple use where appropriate, sustaining land and resources in perpetuity, and dealing with land in the best interests of the State.

The Act is structured in 13 Parts. Part 1 is preliminary, defining key terms (s.1.5 contains over 60 definitions, including "Crown managed land", "holding", "lawful authority"), dividing the State into Eastern and Central and Western Divisions (s.1.6), and clarifying the definition and vesting of Crown land (ss.1.7–1.12). It also addresses application, including the primacy of Schedules 1–4 over Parts 5–7 (s.1.13) and the general rule that dealings with Crown land must be authorised by the Act (s.1.15).

Current sections

Direct links to the current provisions in Crown Land Management Act 2016.

111

Part 1

Preliminary

Part 1 Preliminary

Introductory note.

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.

Division 1

Introduction

Division 1 Introduction

Division 1.1 Introduction

Name of Act

1 Name of Act

1.1 Name of Act

This Act is the Crown Land Management Act 2016.

Part 2

Dedicated or reserved Crown land

Part 2 Dedicated or reserved Crown land

Introductory note.

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.

Division 2

Introduction

Division 2 Introduction

Division 2.1 Introduction

Crown land to which Part applies

2 Crown land to which Part applies

2.1 Crown land to which Part applies

This Part applies to all Crown land except Crown land excluded under this Division.

Part 3

Management of Crown land

Part 3 Management of Crown land

Introductory note.

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.

Division 3

Introduction

Division 3 Introduction

Division 3.1 Introduction

Responsibility for management of Crown land

3 Responsibility for management of Crown land

3.1 Responsibility for management of Crown land

(1) 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.

(2) 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.

Note.

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).

(3) 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.

s 3.1: Am 2017 No 17, Sch 1 [10].

Part 4

Acquisition of land and vesting of Crown land

Part 4 Acquisition of land and vesting of Crown land

Introductory note.

This Part enables—

(a) the Minister to acquire land for the purposes of this Act (including by way of gifts), and

(b) the Minister to declare certain land to be Crown land, and

(c) the Minister to vest Crown land in local councils and certain other government agencies, and

(d) the owner of land, or the holder of a holding, to surrender it to the Crown.

Division 4

Acquisition of land generally

Division 4 Acquisition of land generally

Division 4.1 Acquisition of land generally

Power of Minister to accept gifts of land

4 Power of Minister to accept gifts of land

4.1 Power of Minister to accept gifts of land

(1) The Minister may acquire any land by gift for the purposes of this Act and may agree to the conditions of the gift.

(2) Land acquired under this section—

(a) becomes Crown land, and

(b) cannot be dealt with in contravention of a condition to which the Minister has agreed.

Note.

See section 1.10 (When land becomes Crown land because of this Act).

(3) The rule of law against remoteness of vesting does not apply to any condition to which the Minister has agreed.

(4) Without limiting subsection (1), the Minister may agree to conditions that involve—

(a) excluding members of the public from the land, or

(b) excluding or limiting the exercise of functions under this Act in respect of the land.

(5) Despite anything in this Act, another Act or any rule of law—

(a) the Minister may transfer land acquired under this section (or grant a lease, permit, licence, easement or right of way over the land) in accordance with an agreed condition, and

(b) the land may be transferred (or the lease, permit, licence, easement or right of way may be granted) without consideration or, if the condition provides, for the consideration that is provided for by the condition.

(6) If an agreed condition provides for it, the Minister may pay the cost (or part of the cost) of the transfer of the land to the Minister and any subsequent dealing with the land.

(7) A condition of a gift has no effect for the purposes of this section unless it is expressed in writing in the agreement or instrument that provides for the gift.

(8) In this section—

gift includes a devise or bequest.

Part 5

Dealings involving Crown land and other related land

Part 5 Dealings involving Crown land and other related land

Introductory note.

This Part enables the Minister to deal with Crown land on behalf of the Crown. It includes powers for the Minister—

(a) to sell Crown land and impose conditions, restrictions and covenants over the land that will apply after it is sold, and

(b) to grant leases, licences, permits, easements and rights of way over Crown land, and

(c) to grant forestry rights (including carbon sequestration rights) over Crown land.

Community engagement strategies approved by the Minister will set out the procedures and other matters concerning community engagement about certain proposed dealings and other action affecting Crown land use.

The Part also enables—

(a) the Minister to grant enclosure permits to enable permit holders to enclose Crown roads and watercourses that cross Crown land or freehold land, and

(b) easements for public access to be created over Crown land or freehold land.

Division 5

Introduction

Division 5 Introduction

Division 5.1 Introduction

Application of Part

5 Application of Part

5.1 Application of Part

This Part applies principally (but not exclusively) to dealings involving Crown land.

Note.

Some of the provisions of this Part also apply to former Crown land (for example, Crown land that has been sold) and freehold land affected by Crown land (for example, land through which Crown roads pass).

Schedules 1–4 contain special provisions concerning continued holdings, land in the Western Division and purchasable leases. Section 1.13 provides that those provisions prevail over the provisions of this Part to the extent of any inconsistency.

Part 6

Rents for holdings

Part 6 Rents for holdings

Introductory note.

This Part provides for the payment of rent for holdings (including enclosure permits, but not incomplete purchases). It includes provisions for the payment of minimum annual rent for a holding.

If the provisions of a holding provide for how rent is to be determined, redetermined or adjusted, it must be done in accordance with those provisions.

However, if the holding does not provide for how rent is to be determined, redetermined or adjusted, this Part will enable it to be done as follows—

(a) when determining rent on granting or renewing a holding—the Minister,

(b) when redetermining or adjusting rent for a holding during its term—the Secretary.

Generally speaking, this will be done by reference to certain principles (including the principle that market rent should be payable).

Schedules 1–4 contain special provisions concerning continued holdings, land in the Western Division and purchasable leases. Section 1.13 provides that those provisions prevail over the provisions of this Part to the extent of any inconsistency.

Division 6

Introduction

Division 6 Introduction

Division 6.1 Introduction

Definitions

6 Definitions

6.1 Definitions

In this Part—

during the term of a holding, in relation to a holding with no term (such as a perpetual lease), includes while the holding remains in force.

holding includes an enclosure permit, but not an incomplete purchase.

Part 7

Alteration, withdrawal and forfeiture of holdings

Part 7 Alteration, withdrawal and forfeiture of holdings

Introductory note.

This Part enables the Minister—

(a) to alter or revoke the conditions or purposes of a holding (or exempt holders of holdings from conditions of the holding), and

(b) to withdraw land from a holding for public purposes, and

(c) to declare that a holding is forfeited for contraventions of provisions of this Act or another Act or the conditions of the holding and for certain other reasons.

Division 7

Introduction

Division 7 Introduction

Division 7.1 Introduction

Definition

7 Definition

7.1 Definition

In this Part—

altered includes modified or added to.

Part 8

Native title rights and interests

Part 8 Native title rights and interests

Introductory note.

This Part provides for—

(a) the issuing of native title certificates by the Minister, and

(b) the obligations of certain Crown land managers for dedicated or reserved Crown land and local councils vested with Crown land in connection with the management of native title issues in relation to the land (including using native title managers to provide advice on certain dealings with the land), and

(c) compensation responsibilities concerning native title rights and interests for the conduct of these Crown land managers and local councils.

Division 8

Introduction

Division 8 Introduction

Division 8.1 Introduction

Definitions

8 Definitions

8.1 Definitions

In this Part—

approved training or qualifications means training or qualifications approved under section 8.2.

excluded land means each of the following—

(a) land subject to an approved determination of native title (as defined in the Native Title Act 1993 of the Commonwealth) that has determined that—

(i) all native title rights and interests in relation to the land have been extinguished, or

(ii) there are no native title rights and interests in relation to the land,

(b) land where all native title rights and interests in relation to the land have been surrendered under an indigenous land use agreement (as defined in the Native Title Act 1993 of the Commonwealth) registered under that Act,

(c) an area of land to which section 24FA protection (as defined in the Native Title Act 1993 of the Commonwealth) applies,

(d) land where all native title rights and interests in relation to the land have been compulsorily acquired,

(e) land for which a native title certificate is in effect.

relevant land means—

(a) dedicated or reserved Crown land managed by a council manager, or

(b) dedicated or reserved Crown land managed by a non-council manager assigned as a category 1 manager under Division 3.5, or

(c) land vested in a local council under Division 4.2 (Vesting of Crown land in local councils).

responsible person for relevant land means the local council or non-council manager that manages the land or the local council in which the land is vested.

Part 9

Protection of Crown land

Part 9 Protection of Crown land

Introductory note.

This Part contains provisions to ensure that Crown land is protected from damage and improper use. The provisions make it an offence for a person—

(a) to use Crown land for certain purposes, or

(b) to pollute or contaminate Crown land.

The Part enables the Secretary to issue orders to stop unlawful or unsafe activities.

The Part also gives the Minister, authorised officers and Crown land managers certain remediation and enforcement powers (including conferring powers to give directions) to protect Crown land.

Division 9

Introduction

Division 9 Introduction

Division 9.1 Introduction

Definitions

9 Definitions

9.1 Definitions

In this Part—

damage—

(a) in relation to land includes—

(i) harming an animal, or picking a plant, that is in or on that land, or

(ii) damming, diverting or polluting any waters on that land, or

(iii) damaging anything in or on the land (for example, a structure or any object or place of cultural value), or

(iv) removing anything, or part of anything, in or on the land, and

(b) in relation to a plant, includes picking the plant, and

(c) in relation to an animal, includes harming the animal.

erection, in relation to a structure, includes any work carried out in creating the structure.

interfere, in relation to a substance on, in or forming part of Crown land, includes remove, cut, dig up, disturb, displace, stack and heap the substance.

parking, in relation to water craft, includes the mooring of water craft.

substance, in relation to Crown land, includes plants, trees, timber, turf, stone, clay, shells, earth, sand and gravel.

Part 10

Investigation of compliance

Part 10 Investigation of compliance

Introductory note.

This Part provides powers to enable the investigation of compliance with this Act, the regulations and the provisions of holdings. It enables the following—

(a) the Minister to appoint authorised officers,

(b) the Minister and authorised officers to obtain information and records,

(c) authorised officers to enter and search non-residential land or structures (and to obtain search warrants to enter and search residential land or structures),

(d) authorised officers to question and identify persons,

(e) authorised officers to seize vehicles used in connection with certain offences.

The Part also creates offences for—

(a) contravening certain requirements made of persons under this Part, or

(b) knowingly engaging in false or misleading conduct in trying to comply with a requirement of this Part, or

(c) obstructing or impersonating an authorised officer.

Division 10

Introduction

Division 10 Introduction

Division 10.1 Introduction

Definition

10 Definition

10.1 Definition

In this Part—

land use restriction means—

(a) a restriction on use imposed on land under Division 5.10, or

(b) a public positive covenant imposed on land under Division 5.10, or

(c) a condition on land to which a recording under section 5.11 (4) (a), 5.12 (1) (a) or 5.13 (a) relates.

Part 11

Enforcement

Part 11 Enforcement

Introductory note.

This Part provides for how offences against this Act and the regulations are to be dealt with. It includes provisions that provide for—

(a) criminal proceedings to be dealt with summarily rather than on indictment, and

(b) the time within which criminal proceedings may be commenced, and

(c) penalty notices to be issued for offences prescribed by the regulations instead of commencing criminal proceedings, and

(d) the determination of liability for offences (including those by corporations and in respect of continuing offences or offences involving vehicles, stock or structures), and

(e) increased penalties for certain offences committed in particular circumstances of aggravation, and

(f) a court in criminal proceedings to have certain additional remedial powers, and

(g) the Land and Environment Court to make restoration orders.

The Part also contains certain evidentiary provisions in connection with criminal or other proceedings under this Act.

Division 11

Proceedings for offences

Division 11 Proceedings for offences

Division 11.1 Proceedings for offences

Nature of proceedings for offences

11 Nature of proceedings for offences

11.1 Nature of proceedings for offences

(1) Proceedings for an offence against this Act or the regulations may be dealt with—

(a) summarily before the Local Court, or

(b) summarily before the Land and Environment Court in its summary jurisdiction.

(2) If proceedings are brought in the Local Court, the maximum monetary penalty that the Local Court may impose for the offence is 200 penalty units, despite any higher maximum monetary penalty provided in respect of the offence.

Part 12

Administration

Part 12 Administration

Introductory note.

This Part provides for matters relating to the administration of this Act. It includes provisions relating to—

(a) the functions of the Minister in administering this Act, and

(b) the appointment of Crown land commissioners and their functions, and

(c) the constitution of the Lands Administration Ministerial Corporation and its functions, and

(d) financial matters, and

(e) the establishment and use of the Crown Reserves Improvement Fund, and

(f) the service, giving and use of notices and other documents for the purposes of this Act.

pt 12, introductory note: Am 2017 No 17, Sch 1 [25].

Division 12

Administration generally

Division 12 Administration generally

Division 12.1 Administration generally

Responsibility of Minister

12 Responsibility of Minister

12.1 Responsibility of Minister

(1) The Minister is responsible for achieving the objects of this Act.

(2) The Minister may establish advisory committees to give information and make recommendations concerning—

(a) the development and revision of guidelines for land management, and

(b) any other matters that may be referred to them by the Minister.

Part 13

Miscellaneous

Part 13 Miscellaneous

Introductory note.

This Part provides for a number of miscellaneous matters relating to the operation of this Act. It includes—

(a) provisions that limit the acquisition of title by possession against the Crown, and

(b) provisions concerning the exclusion of minerals from sales, leases or other disposals of land under this Act, and

(c) provisions about the determination of the boundaries of land with a lake, river or road, and

(d) provisions that deem certain conditions and restrictions on land under this Act to be regulatory instruments for the purposes of section 28 of the Environmental Planning and Assessment Act 1979 that can be suspended by an environmental planning instrument, and

(e) a provision concerning review of the operation of this Act as soon as possible after the period of 5 years after the date of assent to this Act.

The Part also authorises the Governor to make regulations for the purposes of this Act.

Limitation on acquisition of title by possession against Crown

13 Limitation on acquisition of title by possession against Crown

13.1 Limitation on acquisition of title by possession against Crown

(1) Title, based on adverse possession, cannot be claimed or established against the Crown for any of the following—

(a) land of the Crown that has been—

(i) set out as a road under an Act or in connection with the alienation of land of the Crown, or

(ii) left between Crown grants for use as a road or driftway, or

(iii) reserved in a Crown grant or recorded in a folio of the Register as being reserved to the Crown,

(b) any land of the Crown that has been dedicated or reserved under the Crown Land Acts or any other Act for a public purpose,

(c) any other Crown land.

(2) Also, title, based on adverse possession, cannot be claimed or established against a person holding land referred to in subsection (1) (a) or (b) in trust for a public purpose.

(3) This section does not affect—

(a) (Repealed)

(b) the title to any land referred to in section 170 (5) of the Crown Lands Act 1989 immediately before the Act’s repeal.

s 13.1: Am 2021 No 10, Sch 3.12[2].

Schedule 1

Continued tenures

Schedule 1 Continued tenures

Introductory note.

The Crown Lands (Continued Tenures) Act 1989 made special transitional provision for certain tenures over Crown land granted before the Crown Lands Act 1989 came into force.

These tenures included specified kinds of incomplete purchases, perpetual leases, term leases, special leases and permissive occupancies. The former Act operated to continue these tenures in force even though some of these tenures could no longer be granted under the Crown Lands Act 1989.

This Schedule continues these tenures in force under this Act and makes special provision for them, including by continuing to apply some of the provisions of the former Crown Lands (Continued Tenures) Act 1989.

In addition, section 1.13 provides that the provisions of this Schedule prevail over those of Parts 5–7 of this Act to the extent of any inconsistency.

sch 1: Am 2018 (88), Sch 4.1 [1]–[7].

Adjustment of annual rent in line with Consumer Price Index for transitional period

8A Adjustment of annual rent in line with Consumer Price Index for transitional period

(1) Section 4C of the Crown Lands (Continued Tenures) Act 1989 continues to apply to a continued tenure to which it applied immediately before the Act’s repeal for the period of 5 years commencing on the day on which this Schedule commences, subject to the following modifications—

(a) a reference to that Act is to be read as a reference to this Act,

(b) a reference to the minimum rent is to be read as reference to the minimum rent for the tenure as provided by Part 6 of this Act.

Note.

Section 4C of the Crown Lands (Continued Tenures) Act 1989 provided for the adjustment of annual rent in line with the Consumer Price Index for certain leases that were subject to rent redetermination under that Act and permissive occupancies.

(2) Section 4D of the Crown Lands (Continued Tenures) Act 1989 continues to apply to a continued tenure to which it applied immediately before the Act’s repeal until clause 9 (4) becomes applicable to it following a redetermination under clause 9, subject to the following modifications—

(a) a reference to that Act is to be read as a reference to this Act,

(b) a reference to the minimum rent is to be read as reference to the minimum rent for the tenure as provided by Part 6 of this Act.

Note.

Section 4D of the Crown Lands (Continued Tenures) Act 1989 provided for the adjustment of annual rent in line with the Consumer Price Index for leases to which that Act applied that were not subject to rent redetermination under that Act. Clause 9 (4) provides for similar adjustments to be made following a rent redetermination under that clause.

Division 2A

Rent for continued permissive occupancies

Division 2A Rent for continued permissive occupancies

10A

Application of Division

10A Application of Division

This Division applies to continued permissive occupancies for which rent was payable under the Crown Lands (Continued Tenures) Act 1989.

10B

Adjustment of annual rent in line with Consumer Price Index for transitional period

10B Adjustment of annual rent in line with Consumer Price Index for transitional period

Clause 8A applies in relation to rent for a continued permissive occupancy in the same way as it applies to rent for other continued tenures.

10C

Application of Part 6 of Act

10C Application of Part 6 of Act

Part 6 of this Act applies in relation to rent for a continued permissive occupancy, subject to clause 8A (as applied by clause 10B).

Objections and appeals made before this Schedule commences

14 Objections and appeals made before this Schedule commences

(1) This clause applies to an objection or appeal against the purchase price for land to which a pending tenure purchase relates that was made under an existing review provision, but not finally determined, before the commencement of this Schedule.

(2) An existing review provision continues to apply to the determination of the objection or appeal made under it as if the provision formed part of this Division.

(3) In this clause—

existing review provision means—

(a) clause 3 of Part 1 of Schedule 7 to the Crown Lands (Continued Tenures) Act 1989, or

(b) clause 10 of Part 1 of Schedule 7 to the Crown Lands (Continued Tenures) Act 1989, or

(c) clause 10 of Part 2 of Schedule 7 to the Crown Lands (Continued Tenures) Act 1989.

Determinations of purchase price after this Schedule commences

15 Determinations of purchase price after this Schedule commences

(1) The Minister must, on determining a purchase price for land to which a pending tenure purchase relates, give notice of the determination to the applicant.

(2) The notice must include information to the effect that the applicant may object to the purchase price determined by the Minister.

(3) The Minister must consider any objection lodged and by notice inform the objector—

(a) whether the determination of the purchase price is to stand or be varied, and

(b) that the objector, if dissatisfied with the Minister’s decision, may appeal as provided by subclause (4).

(4) An applicant may appeal against the Minister’s decision—

(a) if the purchase price determined does not exceed $150,000 or any greater amount that may be prescribed by the regulations—to the Civil and Administrative Tribunal, or

(b) in any other case—to the Land and Environment Court.

Note.

An appeal to the Civil and Administrative Tribunal under this clause is an external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal Act 2013. A decision of the Tribunal on such an external appeal may be appealed to the Land and Environment Court under Schedule 1 to that Act.

(5) The Civil and Administrative Tribunal, or the Land and Environment Court, on hearing the appeal, may affirm the Minister’s determination or substitute its own.

Giving of Ministerial consent

16 Giving of Ministerial consent

(1) To avoid doubt, the Minister has a discretion as to whether to grant consent to a transfer or other dealing for the purposes of a provision of this Schedule.

(2) The Minister may grant a waiver under clause 18 instead of granting consent for the purposes of a provision of this Schedule even if an application for the waiver has not been made.

Removal of Ministerial consent requirement for transfers or other dealings

17 Removal of Ministerial consent requirement for transfers or other dealings

(1) The Minister may, by notice published in the Gazette, declare that the Minister’s consent is not required under this Schedule to a transfer or other dealing involving specified land (or a class of land).

(2) The declaration has effect despite the provision of this Schedule that requires the consent.

(3) If any land to which a declaration relates is land under the Real Property Act 1900, the Registrar-General must make an appropriate recording in respect of that land in the Register.

Waiver of Ministerial consent requirement

18 Waiver of Ministerial consent requirement

(1) The holder of a continued tenure or the mortgagee in possession of land under the tenure may apply to the Minister for a waiver of any requirement under this Schedule for the Minister to give consent before a transfer or other dealing can happen.

(2) The application must—

(a) be made before any agreement or other arrangement for the transfer or other dealing is made by the holder, and

(b) specify the land to which the transfer or other dealing relates.

(3) The Minister may, by written notice given to the applicant, grant the waiver for the period (if any) specified and subject to any conditions that the Minister decides to impose.

(4) The waiver has effect despite the provision of this Schedule that requires the consent.

(5) The Registrar-General may rely on the notice when accepting or registering any transfer or other dealing to which the waiver relates if the transfer or dealing is lodged while the waiver is in effect.

Certain dealings do not require Ministerial consent

19 Certain dealings do not require Ministerial consent

(1) A provision of this Schedule requiring the Minister’s consent to a transfer or other dealing involving land does not prevent—

(a) the creation, transfer or extinguishment of a sublease or mortgage, or

(b) the creation, transfer or extinguishment of an easement over the land if it is under a perpetual lease.

(2) However, the following provisions apply to the subleasing of land held under a lease (the head lease)—

(a) the sublease must—

(i) specify the purpose for which the land may be used under the sublease and that purpose must be consistent with the purpose for which the land may be used under the head lease or with a purpose prescribed by the regulations, and

(ii) provide that it terminates when the head lease terminates,

(b) the holder of the head lease must notify the Minister of the granting of the sublease within 28 days after it is granted,

(c) the holder of the head lease must take all reasonable steps to ensure that the holder of the sublease complies with the requirements of this Act and the conditions of the head lease with respect to the land.

Application of Division

20 Application of Division

This Division applies to land comprised in a continued tenure if it is—

(a) land under a continued perpetual lease, continued term lease or continued special lease to which Part 1 of Schedule 3 to the Crown Lands (Continued Tenures) Act 1989 applied immediately before the Act’s repeal, or

(b) land under a week-end lease or town land lease to which Part 2 of Schedule 3 to the Crown Lands (Continued Tenures) Act 1989 applied immediately before the Act’s repeal.

Consent to certain dealings

21 Consent to certain dealings

(1) Land to which this Division applies cannot be—

(a) for land under a perpetual lease, term lease or special lease—leased, transferred or dealt with in any other way without the Minister’s written consent, or

(b) for other land—transferred without the Minister’s written consent.

Note.

Clause 19 provides that this clause does not prevent the creation, transfer or extinguishment of a sublease, mortgage or easement.

(2) Subclause (1) does not apply to a transfer to a Minister on behalf of the Crown, or to a public authority, of land under a perpetual lease.

(3) A lease, conveyance, assignment or other dealing that contravenes this clause is not valid for any purpose.

(4) In this clause—

public authority means—

(a) a local council, or

(b) a public body that was a declared public body for the purposes of a provision of Schedule 3 to the Crown Lands (Continued Tenures) Act 1989 immediately before the Act’s repeal, or

(c) any other public body declared by the Minister, by order published in the Gazette, to be a public authority for the purposes of this clause.

Application of Part

22 Application of Part

This Part applies to a continued tenure that was a perpetual lease as defined in the Crown Lands (Continued Tenures) Act 1989 (a continued perpetual lease) immediately before the Act’s repeal.

Note.

See also Part 2 of this Schedule. In particular, clause 3 provides that (subject to this Schedule) any rent, royalty, deposit, fee, purchase price, instalment, interest or other amount payable for a continued tenure remains payable in the same way and the same amounts subject to any variations made by or under this Act.

Restrictions on use of certain land in irrigation areas

23 Restrictions on use of certain land in irrigation areas

(1) This clause applies to an irrigation farm lease or a non-irrigable lease (as referred to in clause 6 of Part 2 of Schedule 2 to the Crown Lands (Continued Tenures) Act 1989).

(2) The land under the lease must not be used to plant any of the following if a condition prohibiting it was attached to the land immediately before the commencement of clause 6 of Part 2 of Schedule 2 to the Crown Lands (Continued Tenures) Act 1989—

(a) an area of orchard or vineyard to a greater extent than 5,000 square metres or, if some other area is specified in the conditions attached to the land, that other area,

(b) any fruit trees, vines or plantings or a specified class of fruit trees, vines or plantings,

(c) an area of fruit trees, vines or plantings, or an area of a specified class of fruit trees, vines or plantings, in excess of a specified area.

(3) Subclause (2) does not prevent planting in accordance with an approval or consent that is given as provided by the condition.

Minister taken to have given consent to certain development applications

24 Minister taken to have given consent to certain development applications

(1) This clause applies for the purposes of the Environmental Planning and Assessment Act 1979 and any instrument made under that Act and has effect despite anything in that Act or any instrument made under that Act.

(2) The Minister is taken to have given written consent on behalf of the Crown (as the owner of Crown land under a continued perpetual lease) for the lessee of that 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,

(b) the erection, repair, maintenance or replacement of a fence on the land,

(c) the carrying out of development on the land that is consistent with the purposes for which the lease has been granted,

(d) the erection, repair, maintenance or replacement of signage on the land,

(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 that is 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.

(3) Subclause (2) does not apply in relation to any development that involves any of the following—

(a) the subdivision of land,

(b) the demolition of a building,

(c) the carrying out of remediation works (including the extraction of materials that belong to the Crown or excavations in connection with those works),

(d) the carrying out of development of a kind excluded by the regulations.

(4) Any regulations made for the purposes of subclause (3) (d) may exclude the whole or a part of a kind of development specified by subclause (2).

(5) To avoid doubt, the Minister’s consent on behalf of the Crown (as the owner of Crown land under a continued perpetual lease) to lodgment of a development application in respect of that land is required for the carrying out of any development to which subclause (2) does not apply.

Application of Part

25 Application of Part

This Part applies to a continued tenure that was a term lease as defined in the Crown Lands (Continued Tenures) Act 1989 (a continued term lease) immediately before the Act’s repeal.

Note.

See also Part 2 of this Schedule. In particular, clause 3 provides that (subject to this Schedule) any rent, royalty, deposit, fee, purchase price, instalment, interest or other amount payable for a continued tenure remains payable in the same way and the same amounts subject to any variations made by or under this Act.

Occupancy after expiry of term lease

26 Occupancy after expiry of term lease

A holder of a continued term lease who, with the Minister’s consent, remains in possession of the leased land after the lease expires does so as a lessee from month to month at a monthly rent of one-twelfth of the annual rent, and subject to the conditions, applicable to the lease immediately before it expired.

Application of Part

27 Application of Part

This Part applies to a continued tenure that was a special lease as defined in the Crown Lands (Continued Tenures) Act 1989 (a continued special lease) immediately before the Act’s repeal.

Note.

See also Part 2 of this Schedule. In particular, clause 3 provides that (subject to this Schedule) any rent, royalty, deposit, fee, purchase price, instalment, interest or other amount payable for a continued tenure remains payable in the same way and the same amounts subject to any variations made by or under this Act.

Conditions

28 Conditions

(1) The holder of a continued special lease that has been brought under the provisions of the Real Property Act 1900 holds the land comprised in the lease subject to any recordings on the folio of the Register created in respect of it and to the provisions of this Act.

(2) The holder of a continued special lease must comply with any conditions to which the lease is subject and with any provisions, conditions or covenants recorded on the folio of the Register created in respect of it.

(3) A condition of a continued special lease that provides for the determination of a matter by a local land board (except a determination that is, in effect, a review of a decision of the Minister) is taken to provide instead for the determination of the matter by the Minister.

(4) If a condition of a continued special lease or any law provides for an appeal against any determination of a local land board, the condition or law is taken to provide instead for an appeal against a determination of the Minister.

(5) If a condition of a special lease provides for the exercise of a function by a specified officer, the function may, with the authority of the Minister, be exercised by another officer.

Occupancy after expiry of special lease for term

29 Occupancy after expiry of special lease for term

A holder of a continued special lease for a term who, with the Minister’s consent, remains in possession of the leased land after the lease expires does so as a lessee from month to month at a monthly rent of one-twelfth of the annual rent, and subject to the conditions, applicable to the lease immediately before it expired.

Application of Part

30 Application of Part

This Part applies to a continued tenure that was a permissive occupancy as defined in the Crown Lands (Continued Tenures) Act 1989 and becomes a licence under this Act because of clause 3 (a continued permissive occupancy).

Note.

See also Part 2 of this Schedule. In particular, clause 3 provides that (subject to this Schedule) any rent, royalty, deposit, fee, purchase price, instalment, interest or other amount payable for a continued tenure remains payable in the same way and the same amounts subject to any variations made by or under this Act.

Payment of rent and other amounts

31 Payment of rent and other amounts

(1) Subject to this Schedule, any amount shown as payable in the records of the Department in respect of a continued permissive occupancy is, until the contrary is proved, payable in the manner and at the time indicated in those records.

(2) The rent for a continued permissive occupancy remains payable in advance.

Conditions

32 Conditions

(1) A condition of a continued permissive occupancy that provides for the determination of a matter by a local land board (except a determination that is, in effect, a review of a decision of the Minister) is taken to provide instead for the determination of the matter by the Minister.

(2) If a condition of a continued permissive occupancy or any law provides for an appeal against any determination of a local land board, the condition or law is taken instead to provide for an appeal against a determination of the Minister.

(3) If a condition of a continued permissive occupancy provides for the exercise of a function by a specified officer, the function may, with the authority of the Minister, be exercised by another officer.

Application of Part

33 Application of Part

(1) This Part applies to a continued tenure that was an incomplete purchase as defined in the Crown Lands (Continued Tenures) Act 1989 (a continued incomplete tenure purchase) immediately before the Act’s repeal.

Note.

See also Part 2 of this Schedule. In particular, clause 3 provides that (subject to this Schedule) any rent, royalty, deposit, fee, purchase price, instalment, interest or other amount payable for a continued tenure remains payable in the same way and the same amounts subject to any variations made by or under this Act.

(2) However, a continued incomplete Western lands lease purchase (as defined in Schedule 3) is not a continued incomplete tenure purchase.

Application of Part 5 of Schedule 4 to purchases

34 Application of Part 5 of Schedule 4 to purchases

(1) Subject to this Part and the regulations, Part 5 of Schedule 4 applies in relation to continued incomplete tenure purchases in the same way as it applies in relation to new incomplete purchases.

(2) The regulations may make provision for or with respect to the modification of Part 5 of Schedule 4 in its application to continued incomplete tenure purchases.

Annual interest rate for purchases by instalment

35 Annual interest rate for purchases by instalment

The annual interest rate for any money that is payable to the Crown in respect of a continued incomplete tenure purchase by half-yearly or annual instalments remains 8 percent.

Minimum annual instalments

36 Minimum annual instalments

(1) This clause applies to a continued incomplete tenure purchase with a purchase price payable by annual instalments.

(2) An annual instalment of the purchase price of land is not to be less than the minimum annual instalment payable at the due date.

(3) If an annual instalment of the purchase price of land (whether with or without interest added) is less than the minimum annual instalment, the annual instalment is increased to the minimum annual instalment.

(4) For the purpose of this Part, the minimum annual instalment at each due date is determined in accordance with the following formula—

where—

M is the minimum annual instalment.

B is the annual instalment base.

C is the Consumer Price Index number for the last quarter for which such a number was published before the due date for the annual instalment.

D is the Consumer Price Index number for the last quarter for which such a number was published before the annual instalment base adjustment date.

(5) If the balance of purchase money and interest owing in respect of the continued incomplete tenure purchase is at any time less than the amount of the minimum annual instalment, the balance only is payable.

(6) In this clause—

annual instalment base means $350 or any higher amount that may be prescribed by the regulations.

annual instalment base adjustment date means 1 July 2004 or, if the annual instalment base is prescribed by the regulations, the date prescribed by the regulations as the annual instalment base adjustment date.

Minimum half-yearly instalments

37 Minimum half-yearly instalments

(1) This clause applies to a continued incomplete tenure purchase with a purchase price payable by half-yearly instalments.

(2) A half-yearly instalment of the purchase price of land is not to be less than the minimum half-yearly instalment payable at the due date.

(3) If a half-yearly instalment of the purchase price of land (whether with or without interest added) is less than the minimum half-yearly instalment, the half-yearly instalment is increased to the minimum half-yearly instalment.

(4) For the purpose of this Part, the minimum half-yearly instalment at each due date is determined in accordance with the following formula—

where—

M is the minimum half-yearly instalment.

B is the half-yearly instalment base.

C is the Consumer Price Index number for the last quarter for which such a number was published before the due date for the half-yearly instalment.

D is the Consumer Price Index number for the last quarter for which such a number was published before the half-yearly instalment base adjustment date.

(5) If the balance of purchase money and interest owing in respect of the continued incomplete tenure purchase is at any time less than the amount of the minimum half-yearly instalment, the balance only is payable.

(6) In this clause—

half-yearly instalment base means $175 or any higher amount that may be prescribed by the regulations.

half-yearly instalment base adjustment date means 1 July 2004 or, if the half-yearly instalment base is prescribed by the regulations, the date prescribed by the regulations as the half-yearly instalment base adjustment date.

Forfeiture of purchase

38 Forfeiture of purchase

This Schedule does not limit Division 7.4 (Forfeiture of holdings) of this Act in its application to an incomplete tenure purchase, except to the extent provided by Part 5 of Schedule 4 (as applied by clause 34 of this Schedule).

Schedule 2

Continued irrigation tenures

Schedule 2 Continued irrigation tenures

Introductory note.

The former Hay Irrigation Act 1902 and Wentworth Irrigation Act 1890 enabled the Lands Administration Ministerial Corporation constituted by the Crown Lands Act 1989 to grant certain tenures (including leases and incomplete purchases) over land within areas specified in each of those former Acts. Schedule 7 to this Act provides for land in these areas to become Crown land.

This Schedule continues these tenures in force under this Act and makes special provision for them, including by continuing to apply some of the provisions of the former Acts.

In addition, section 1.13 provides that the provisions of this Schedule prevail over those of Parts 5–7 of this Act to the extent of any inconsistency.

Schedule 3

Land in Western Division

Schedule 3 Land in Western Division

Introductory note.

The Western Lands Act 1901 made special provision for the granting of certain tenures (including leases and incomplete purchases) over Crown land in the Western Division. It also provided for the application of specified provisions of the Crown Lands Act 1989 with modifications.

This Schedule continues these tenures in force under this Act and makes special provision for them, including by continuing to apply some of the provisions of the Western Lands Act 1901. It also includes other special provisions that will be applicable to certain land in the Western Division.

In addition, section 1.13 provides that the provisions of this Schedule prevail over those of Parts 5–7 of this Act to the extent of any inconsistency.

sch 3: Am 2017 No 17, Sch 1 [31]; 2018 (88), Sch 4.7 [1]–[5].

Forfeiture of purchase

39 Forfeiture of purchase

This Schedule does not limit Division 7.4 (Forfeiture of holdings) of this Act in its application to a continued incomplete Western lands lease purchase, except to the extent provided by Part 5 of Schedule 4 (as applied by clause 37 of this Schedule).

Application of Part

40 Application of Part

This Part applies to each of the following kinds of land in the Western Division (applicable Western land)—

(a) any land under a Western lands lease expressed to be granted for the purpose of grazing,

(b) any land under a Western lands lease that is not expressed to be granted for the purpose of agriculture, combined grazing and agriculture or mixed farming or for any similar purpose or purposes,

(c) any land under a continued tenure (as defined in Schedule 1) that was a permissive occupancy, conditional lease or homestead selection under the Crown Lands (Continued Tenures) Act 1989 immediately before the Act’s repeal,

(d) any dedicated or reserved Crown land for which there is a Crown land manager,

(e) any stock watering place (as defined in the Local Land Services Act 2013) having an area of more than 5,000 square metres,

(f) any land authorised to be used or occupied under a licence under this Act,

(g) any other land prescribed by the regulations.

Definitions

41 Definitions

In this Part—

applicable Western land is defined in clause 40.

cultivate, in relation to applicable Western land, includes the preparation of the land for cultivation and the further cultivation of the land if it has previously been cultivated, but does not include any clearing of native vegetation (as defined in the Native Vegetation Act 2003), or clearing of State protected land (as defined in clause 4 of Schedule 3 to that Act), to which a cultivation condition applies.

cultivation condition is defined in clause 44 (3).

cultivation consent is defined in clause 43 (1).

responsible occupier, in relation to applicable Western land, means—

(a) for land under a holding—the holder of the holding, or

(b) for any other land—the person who has the care, control and management of the land.

Cultivation of applicable Western land generally requires consent

42 Cultivation of applicable Western land generally requires consent

(1) The responsible occupier for applicable Western land must not cultivate any part of the land unless—

(a) there is a cultivation consent in force for it, and

(b) the cultivation complies with all of the cultivation conditions applicable to the cultivation consent.

Maximum penalty—as determined under section 11.7.

(2) If the Minister is satisfied that the responsible occupier for applicable Western land has cultivated the land in contravention of subclause (1), the Minister can disregard the cultivation when deciding (for the purposes of a provision of this Act, the regulations or a lease over the land) whether the land is suitable for agricultural production.

(3) Without limiting Division 7.4 of this Act, a contravention of subclause (1) by the holder of a holding over the land is a sufficient ground for the Minister to forfeit the holding.

(4) Subclauses (2) and (3) apply regardless of whether or not a person has been prosecuted for, or convicted of, an offence against subclause (1).

(5) This clause does not apply in any circumstances that may be prescribed by the regulations.

Applications for cultivation consent

43 Applications for cultivation consent

(1) The responsible occupier for applicable Western land may apply to the Minister for consent (a cultivation consent) to cultivate a specified part of the land.

(2) An application must be made in the manner and form approved by the Minister.

Grant of cultivation consent

44 Grant of cultivation consent

(1) The Minister may refuse or grant an application for a cultivation consent for specified applicable Western land.

(2) A cultivation consent must be in writing.

(3) A cultivation consent may be granted unconditionally or subject to any conditions (cultivation conditions) that the Minister may decide to specify in the consent.

(4) A cultivation consent remains in force for the period (if any) specified in the consent, unless it is revoked, suspended or surrendered sooner.

(5) The regulations may make provision for or with respect to the payment of fees for cultivation consents.

Variation of cultivation consent

45 Variation of cultivation consent

The Minister may, by written notice given to the responsible occupier for applicable Western land, vary the period or conditions of a cultivation consent granted for the land.

Suspension or revocation of cultivation consent

46 Suspension or revocation of cultivation consent

(1) The Minister may, by written notice given to the responsible occupier for applicable Western land, revoke or suspend any cultivation consent granted for the land.

(2) A cultivation consent can be revoked or suspended on the ground that a cultivation condition has been contravened or on any other ground.

(3) The Minister cannot revoke a cultivation consent for applicable Western land unless the Minister first gives the responsible occupier of the land an opportunity to make written submissions about why it should not be revoked.

(4) A suspension of a cultivation consent has effect for the period specified in the written notice given to the responsible person. A suspended cultivation consent ceases to be in force while it is suspended.

(5) The Minister may at any time extend, shorten or revoke a suspension of a cultivation consent for applicable Western land in a further written notice given to the responsible occupier for the land.

Appeals against decisions concerning cultivation consent

47 Appeals against decisions concerning cultivation consent

(1) A person may appeal to the Land and Environment Court against any of the following—

(a) a refusal of the Minister to grant a cultivation consent to the person,

(b) a condition of a cultivation consent granted to the person,

(c) the suspension or revocation of a cultivation consent granted to the person or the person’s predecessor in title.

(2) Without limiting subclause (1) (a), the Minister is taken to have refused to grant a cultivation consent for the purposes of an appeal if the Minister does not determine the application for the consent within 6 months after the application is received by the Minister.

Certain existing consents continue in force or are suspended under this Part

48 Certain existing consents continue in force or are suspended under this Part

(1) This clause applies to any consent to cultivate applicable Western land given under section 18DA of the Western Lands Act 1901 (a continued consent) if immediately before the Act’s repeal—

(a) the consent was in force (a continued current consent), or

(b) the consent was suspended (a continued suspended consent).

(2) A continued current consent continues in force under this Part as a cultivation consent for the same land.

(3) A continued suspended consent continues under this Part as a suspended cultivation consent for the same land.

(4) The continued consent continues to be subject to the terms and conditions specified in the consent or suspension of the consent unless—

(a) the terms or conditions are inconsistent with another provision of this Part or the regulations made for the purposes of this Part, or

(b) are varied under this Part.

(5) Subject to this Part, a continued consent can be varied, revoked, suspended or dealt with in any other way under this Part as if it had been granted under this Part.

Definitions

49 Definitions

In this Part—

beneficiary, in relation to a special easement, means—

(a) any lessee of land benefited by the easement, or

(b) any other person or body in whose favour the easement has been created as referred to in section 88A of the Conveyancing Act 1919.

special easement is defined in clause 50.

Minister may create special easements for roads and tracks

50 Minister may create special easements for roads and tracks

(1) The Minister may, by instrument lodged with the Registrar-General, create any of the following easements (a special easement) over land within the Western Division that, in the Minister’s opinion, is being used as a road or track—

(a) an easement in the nature of a right of way,

(b) any other easements as are appropriate to the construction and maintenance of a right of way.

(2) An instrument for creating a special easement—

(a) cannot be lodged with respect to freehold land, and

(b) must specify the beneficiary of the easement or the land to which the benefit of the easement is appurtenant.

(3) An instrument lodged under this clause is to be made by reference to a plan that is registered or recorded under Division 3 of Part 23 of the Conveyancing Act 1919.

(4) On receiving an instrument lodged under this clause, the Registrar-General may record any particulars of the creation of the special easement as the Registrar-General considers necessary in any folio of the Register relating to land which, in the Registrar-General’s opinion, is affected by the creation of the easement.

(5) No duty is payable under the Duties Act 1997 in respect of an instrument lodged under this clause.

(6) Sections 88A and 181A of the Conveyancing Act 1919 apply to an instrument lodged under this clause.

(7) An easement referred to in section 88A of the Conveyancing Act 1919 may be created not only in favour of a public authority referred to in that section, but also in favour of any other persons or bodies as may be specified in that regard by the plan referred to in subclause (3). In that case, any reference in section 88A of the Conveyancing Act 1919 to a public authority extends to any person or body specified.

(8) As soon as practicable after a special easement is created, the Minister must cause notice of that fact to be given to—

(a) each beneficiary of the easement, and

(b) each lessee of land over which the easement is in force.

(9) Section 89 of the Conveyancing Act 1919 does not apply to a special easement.

(10) Neither the creation of a special easement in respect of any land held under a lease, nor a lessee’s request for the creation of a special easement in respect of any such land, is to be regarded—

(a) as a breach of any contractual provision prohibiting, restricting or regulating the lessee’s right to deal with the land, or

(b) as giving rise to any remedy by a party to any legal instrument, or as causing or permitting the termination of any legal instrument, because of the creation of the easement or the making of the request.

(11) This clause applies to land under a Western lands lease granted or issued before 1 December 2002 (which is when section 35S of the former Western Lands Act 1901 commenced), but does not apply to a lease granted on or after that date.

Minister may extinguish special easements

51 Minister may extinguish special easements

(1) The Minister may, by instrument lodged with the Registrar-General, release a special easement on the application of—

(a) each beneficiary of a special easement, and

(b) for a special easement over land under a lease—each lessee of the land.

(2) On receiving an instrument lodged under this clause, the Registrar-General may record any particulars of the release of the special easement as the Registrar-General considers necessary in any folio of the Register relating to land which, in the Registrar-General’s opinion, is affected by the release of the easement.

(3) No duty is payable under the Duties Act 1997 in respect of an instrument lodged under this clause.

(4) As soon as practicable after a special easement is released under this clause, the Minister must cause notice of that fact to be given to—

(a) each former beneficiary of the easement, and

(b) each lessee of land over which the easement was formerly in force.

(5) To avoid doubt, this clause extends to an easement originally granted under section 35S of the former Western Lands Act 1901.

Minister may dedicate public roads

52 Minister may dedicate public roads

(1) This clause applies to land under a Western lands lease granted or issued before 1 December 2002 (which is when section 35Q of the Western Lands Act 1901 commenced), but does not apply to a lease granted on or after that date.

(2) The Minister may, by notice published in the Gazette, withdraw any land from a Western lands lease for the purpose of dedicating it as a public road if, in the Minister’s opinion, it is being used by the public as a road.

(3) After the land is withdrawn, the Minister may dedicate that land as a public road as provided by section 12 of the Roads Act 1993.

(4) No compensation is payable with respect to any loss or damage arising because of the operation of this clause.

Public roads over freehold land

53 Public roads over freehold land

The Minister may create public roads over freehold land by acquiring the land under Part 12 of the Roads Act 1993 and dedicating the land acquired as a public road under Part 2 of that Act.

Repeal of provisions of Part

54 Repeal of provisions of Part

The provisions of this Part are repealed on a day or days to be appointed by proclamation.

Application of Part

55 Application of Part

(1) This Part applies to a condition of a Western lands lease regardless of whether the condition attaches to the lease because of the provisions of the lease, this Act or in any other way.

(2) In this Part, condition of a Western lands lease includes a covenant, term, reservation, exception, exemption, provision or prohibition.

Notice to rectify condition contraventions

56 Notice to rectify condition contraventions

(1) The Minister may, by written notice given to a holder of a Western lands lease, require the holder—

(a) to comply with a condition of the lease that the Minister considers has been contravened, and

(b) to take, within a specified period, any specified measures that the Minister considers appropriate to rectify the contravention.

(2) The Minister may, by written notice given to the responsible occupier of applicable Western land (as defined in Part 5 of this Schedule), require the occupier—

(a) to comply with a condition of a cultivation consent for the land granted under Part 5 of this Schedule that the Minister considers has been contravened, and

(b) to take, within a specified period, any specified measures that the Minister considers appropriate to rectify the contravention.

(3) A notice under this clause may be varied or revoked by a further written notice.

(4) A person given a notice under this clause must comply with the notice.

Maximum penalty (subclause (4)): as determined under section 11.7.

Minister may rectify contravention and recover costs

57 Minister may rectify contravention and recover costs

(1) If a person does not take any of the measures specified by a notice under clause 56 within the period required by the notice, the Minister may, by the Minister’s agents or contractors, enter the land concerned and take those measures.

(2) Any costs incurred by the Minister in taking any of those measures—

(a) may be recovered by the Minister from the person as a debt in a court of competent jurisdiction, and

(b) are a charge on the land concerned until the costs are paid to or recovered by the Minister.

Different proceedings may be taken for same contravention

58 Different proceedings may be taken for same contravention

The fact that proceedings have been taken under one of the provisions of this Schedule for a contravention of a condition of a lease does not prevent different proceedings being taken under this Schedule or in any other way for the same contravention.

Continuation of certain special purpose lease despite sale of leased land

59 Continuation of certain special purpose lease despite sale of leased land

(1) This clause applies to the lease granted to Silverton Wind Farms Developments Pty Ltd (the Silverton lease) under section 35XC of the Western Lands Act 1901 over certain land in the Western Division (the leased land), as in force immediately before the Act’s repeal.

(2) If a lessee of any of the leased land (the new owner) applies for (and is granted) the right to purchase the land under this Act, the provisions of this Act relating to special purpose leases continue to apply in respect of the Silverton lease as if the Crown had retained ownership of the land as Crown land, and can be enforced by or against the Crown accordingly.

(3) The new owner is bound by the Silverton lease in the same way as the owner would have been if the owner had continued to hold a lease from the Crown over the leased land instead of the freehold.

(4) This clause ceases to bind the Crown, the lessee under the Silverton lease and the new owner if—

(a) the lease (or, if renewed under an option, the renewed lease) is revoked under this Act, or

(b) the lease (or renewed lease) expires.

Schedule 4

Purchasable leases

Schedule 4 Purchasable leases

Introductory note.

The Crown Lands (Continued Tenures) Act 1989 continued in force certain leases that enabled its holders to purchase the land under the lease. It also continued in force certain incomplete purchases of land under leases of these kinds. The Hay Irrigation Act 1902, Wentworth Irrigation Act 1890 and Western Lands Act 1901 also permitted certain leaseholders to purchase land under a lease. Schedules 1–3 to this Act continue these leases in force under this Act.

This Schedule makes special provision for the purchase of land under these leases, including by continuing to apply some of the provisions of the former Acts. It also allows for the purchase of certain land under both continued and new perpetual leases in the Western Division. Section 1.13 provides that the provisions of this Schedule prevail over those of Parts 5–7 of this Act to the extent of any inconsistency.

sch 4: Am 2018 (88), Sch 4.7 [6]–[18]; 2023 No 7, Sch 2.21.

Schedule 5

Statutory land managers

Schedule 5 Statutory land managers

Introductory note.

This Schedule provides for the creation, governance, administration and dissolution of statutory land managers.

sch 5: Am 2017 No 17, Sch 1 [32]–[35].

Schedule 6

Transfer of assets, rights and liabilities

Schedule 6 Transfer of assets, rights and liabilities

Introductory note.

This Schedule contains a number of standard provisions concerning the transfer of assets, rights and liabilities under this Act. This Schedule will apply to transfers only if the instrument or provision of this Act that provides for the transfer applies it.

Schedule 7

Savings, transitional and other provisions

Schedule 7 Savings, transitional and other provisions

Introductory note.

This Schedule contains savings, transitional and other provisions consequent on the enactment of this Act and certain other Acts. It also enables the regulations to make provision for savings and transitional matters for this purpose.

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.

Land acquired for purpose of becoming Crown land once conditions met

7A Land acquired for purpose of becoming Crown land once conditions met

(1) Land to which clause applies The Minister may, by notice published in the Gazette (whether before, on or after the repeal day), declare that this clause applies to specified land (conditional Crown land) if the Minister is satisfied that—

(a) the land was acquired by a reserve trust, and

(b) the land was not Crown land under the Crown Lands Act 1989, and

(c) the land was acquired for the purpose of it becoming Crown land once certain conditions (the Crown vesting conditions) were met (including, for example, conditions relating to obtaining appropriate planning consents or approvals), and

(d) the Crown vesting conditions have not yet been met.

(2) Special provisions for conditional Crown land The following provisions apply to conditional Crown land—

(a) for land declared to be conditional Crown land on or before the repeal day—the land does not become Crown land under this Act on the repeal day,

(b) for land declared to be conditional Crown land after the repeal day—the land is taken not to have become Crown land under this Act on the repeal day,

(c) the land is taken to have been vested in the successor of the reserve trust on the repeal day,

(d) subject to the regulations, the land is to be managed under this Act by the successor of the reserve trust while it remains conditional Crown land as if it were reserved Crown land under this Act.

(3) Land remains conditional Crown land until it becomes Crown land, or is sold, under this clause.

(4) When conditional Crown land can become Crown land If the Minister is satisfied that the Crown vesting conditions for conditional Crown land have been met, the Minister may publish a notice (a vesting notice) to that effect in the Gazette.

(5) Conditional Crown land to which a vesting notice applies becomes Crown land when the notice takes effect.

Note.

See section 1.10 (When land becomes Crown land because of this Act).

(6) Without limiting section 12.34 (Ministerial notices published in the Gazette may be combined), the Minister may dedicate or reserve conditional Crown land in a vesting notice on it becoming Crown land. For this purpose, Part 2 of this Act applies to the land as if it were already Crown land.

(7) The appointment of the successor of the reserve trust as the Crown land manager of the land concerned is not affected by a vesting notice. However, if land is not dedicated or reserved under this Act when it becomes Crown land, the appointment in relation to that land is taken to have been revoked when the vesting notice takes effect.

(8) When conditional Crown land can be sold The Minister may, by written notice given to the successor of a reserve trust in which conditional Crown land is taken to be vested by this clause (or any other person to or in which the land is subsequently transferred or vested), direct the successor (or other person) to sell the conditional Crown land if the Minister is satisfied that the Crown vesting conditions for the land are unlikely to be met.

(9) The direction may authorise the successor of the reserve trust or other person to apply the proceeds of the sale of any conditional Crown land—

(a) for the purposes of the management and care of any Crown land that is managed by the successor of the reserve trust or other person as its Crown land manager, or

(b) for the purpose of acquiring other land.

(10) The successor of the reserve trust or other person must comply with the direction.

(11) Regulations The regulations may make provision for or with respect to the modification of the provisions of this Act in their application to conditional Crown land.

(12) Application of clause to transitional reserve trusts The following provisions apply in relation to a transitional reserve trust—

(a) the Minister may make a declaration in accordance with this clause declaring land acquired by a transitional reserve trust before the repeal day to be land to which this clause applies,

(b) conditional Crown land of a transitional reserve trust is taken to have been vested in the reserve trust on the repeal day and, if the reserve trust is dissolved before the transition day, may be transferred by the Minister under clause 10A (2) (f) to a person to whom any of the assets, rights or liabilities of the dissolved reserve trust are transferred under that paragraph,

(c) subclause (2) (d) extends to a transitional reserve trust while it is vested with conditional Crown land and then to its successor,

(d) the Minister may publish a vesting notice in accordance with this clause in respect of conditional Crown land of a transitional reserve trust or former transitional reserve trust,

(e) the Minister may give a transitional reserve trust in which conditional Crown land is vested (or any other person to or in which the land is subsequently transferred or vested) a direction in accordance with this clause to sell the land.

(13) Definition In this clause—

successor of a reserve trust means—

(a) for a transitional reserve trust that is dissolved before the transition day—the person to whom the conditional Crown land concerned is transferred under clause 10A (2) (f), or

(b) for any other transitional reserve trust or other reserve trust—a person that is taken by clause 11 to have been appointed as the Crown land manager of the former trust land of the reserve trust (as defined in that clause).

Completion of certain uncompleted functions under repealed Act or statutory rule

9A Completion of certain uncompleted functions under repealed Act or statutory rule

(1) Meaning of “uncompleted function” This clause applies to the exercise of a function under a repealed Act or repealed statutory rule (an uncompleted function) if it—

(a) was begun (but not completed) before the repeal day, and

(b) cannot be completed under this Act because—

(i) there is no corresponding function under this Act, or

(ii) the corresponding function under this Act does not allow it to be completed in the same way as it was under the repealed Act or repealed statutory rule.

(2) If authorisation to complete was not required The following provisions apply if the completion of the uncompleted function would not have required the granting of authorisation by the Minister under the repealed Act or repealed statutory rule—

(a) the person who began to exercise the function (or the person’s successor if abolished or reconstituted) may complete the uncompleted function in accordance with the repealed Act or repealed statutory rule,

(b) anything that results from the completed function is taken to have the same effect that it would have had if the repealed Act or repealed statutory rule had not been repealed.

Note.

For example, this subclause would cover situations where an expression of interest or tender for a lease under a repealed Act was issued by a reserve trust managed by a local council before the repeal day for a term that exceeds the maximum term for a lease that a local council can grant as a Crown land manager under this Act.

Division 3.4 generally requires local councils that are Crown land managers of dedicated or reserved Crown land to manage their land as community land under the Local Government Act 1993, including in relation to the granting of leases. Section 46 of the Local Government Act 1993 provides that a lease over community land cannot exceed 30 years.

(3) If authorisation to complete would have been required The following provisions apply if the completion of the uncompleted function would have required the granting of authorisation by the Minister under the repealed Act or repealed statutory rule—

(a) the Minister may grant the authorisation in the same way as the Minister could under the repealed Act or repealed statutory rule if satisfied that it will enable an agreement, undertaking, commitment or other arrangement entered into or given in good faith before the repeal day (whether by the Minister or another person or body authorised to exercise the function) to be completed,

(b) the person who began to exercise the function (or the person’s successor if abolished or reconstituted) may complete the uncompleted function in accordance with the authorisation and the repealed Act or repealed statutory rule,

(c) anything that results from the completed function is taken to have the same effect that it would have had if the repealed Act or repealed statutory rule had not been repealed.

(4) Effect of previous authorisation Without limiting subclause (3), the following provisions apply if the Minister had previously granted authorisation for the exercise of the uncompleted function under the repealed Act or repealed statutory rule—

(a) the Minister may vary or revoke the authorisation in the same way as the Minister could under the repealed Act or repealed statutory rule,

(b) the person who began to exercise the function (or the person’s successor if abolished or reconstituted) may complete the uncompleted function in accordance with the previous authorisation (as varied) and the repealed Act or repealed statutory rule,

(c) anything that results from the completed function is taken to have the same effect that it would have had if the repealed Act or repealed statutory rule had not been repealed.

(5) Relationship with this Act and Local Government Act 1993 Subject to the regulations, this clause has effect despite anything to the contrary in this Act or the Local Government Act 1993 (including in respect of maximum terms for leases, licences or permits).

(6) Definitions In this clause—

authorisation includes the granting of approval or consent.

complete includes finalise.

the Minister, in relation to a repealed Act or repealed statutory rule, includes the Minister administering the Act or rule.

Application of Division to non-dedicated or reserved Crown land

9B Application of Division to non-dedicated or reserved Crown land

(1) The following provisions apply if a provision of this Division operates to appoint a person as a Crown land manager of land that is not dedicated or reserved Crown land—

(a) the fact that the land is not dedicated or reserved Crown land does not prevent it from being managed under Part 3 of this Act,

(b) subject to the regulations, Part 3 of this Act applies to the land in the same way as Part 3 applies to reserved Crown land for which a Crown land manager has been appointed.

Note.

For example, a reserve trust may have acquired land under section 101 of the Crown Lands Act 1989 that was not reserved or dedicated under that Act after its acquisition.

(2) Subclause (1) ceases to apply in relation to the land if—

(a) the land becomes dedicated or reserved Crown land, or

(b) the land ceases to have a Crown land manager, or

(c) the land is sold.

(3) The Crown land manager must, as soon as practicable after the repeal day, give written notice to the Minister that the land is not dedicated or reserved Crown land.

(4) The notice may include recommendations by the Crown land manager concerning purposes for which the land could be dedicated or reserved.

(5) The Minister may, in accordance with Part 2 of this Act, dedicate or reserve the land for use for one or more purposes (including a recommended purpose).

16A

Abolition of Public Reserves Management Fund

16A Abolition of Public Reserves Management Fund

(1) The Public Reserves Management Fund under the Public Reserves Management Fund Act 1987 (the old Fund) is abolished on the repeal day.

(2) Any balance standing to the credit of the old Fund is transferred to the Crown Reserves Improvement Fund under this Act (the new Fund) on the repeal day and may be used for any purpose for which money in the new Fund may be used under this Act.

(3) Any money that was payable into the old Fund immediately before its abolition is to be paid into the new Fund instead of the old Fund.

Division 5A

Public roads

Division 5A Public roads

19A

Closure of public roads

19A Closure of public roads

(1) The Roads Act 1993 and the regulations under that Act (as in force immediately before the repeal day) continue to apply for a period of 3 months after the repeal day in respect of a proposal by the Minister to close a public road under Division 1 of Part 4 of that Act if—

(a) the proposal was published in accordance with section 35 of that Act before the repeal day, and

(b) the period for the making of submissions on the proposal expired before that day.

(2) The Roads Act 1993 and the regulations under that Act (as in force immediately before the repeal day) continue to apply for a period of 12 months after the repeal day in respect of Crown land forming part of a former public road that is sold if the contract for the sale was entered into before the repeal day.

(3) To avoid doubt, the provisions of the Crown Lands Act 1989 applicable to the sale of Crown land continue to apply for the purposes of a sale of Crown land forming part of a former public road to which subclause (2) applies.

Division 7A

Purchase of land under purchasable leases in Western Division during transitional purchase period

Division 7A Purchase of land under purchasable leases in Western Division during transitional purchase period

Note.

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.

28A

Definitions

28A Definitions

In this Division—

applied Crown Lands Act provisions means the provisions of the Crown Lands Act 1989 specified in Schedule 2 to the Western Lands Act 1901 (as modified by that Schedule) that apply to or in respect of land in the Western Division (as defined in the Crown Lands Act 1989).

commenced ancillary provisions means the following—

(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.

new purchase provisions means—

(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.

old purchase provisions means the following provisions—

(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.

transitional purchase period means the period—

(a) commencing on 19 March 2018, and

(b) ending immediately before the repeal day.

28B

Application of new purchase provisions and other provisions of Act during transitional purchase period

28B Application of new purchase provisions and other provisions of Act during transitional purchase period

(1) 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).

(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.

(3) 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).

Note.

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.

28C

Proceedings in NCAT

28C Proceedings in NCAT

During the transitional purchase period, the definition of lands legislation in clause 1 of Schedule 3 to the Civil and Administrative Tribunal Act 2013 is taken to include a reference to Schedule 4 to this Act.

28D

Application of new purchase provisions and commenced ancillary provisions after transitional purchase period

28D Application of new purchase provisions and commenced ancillary provisions after transitional purchase period

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.

37A

Plans of management for former reserve land

37A Plans of management for former reserve land

(1) This clause applies to land (former reserve land) that was a reserve within the meaning of Part 5 of the Crown Lands Act 1989.

(2) 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.

(3) 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.

(4) 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.

Note.

See section 3.23 concerning adoptions of plans of management by council managers.

41A

Transfer of certain regulatory authorisations

41A Transfer of certain regulatory authorisations

(1) This clause applies to each regulatory authorisation held by or on behalf of a reconstituted or abolished body (an existing regulatory authorisation).

(2) Each of the existing regulatory authorisations becomes a regulatory authorisation of the successor body for the reconstituted or abolished body (the transferred regulatory authorisation) on the repeal day for the purposes of the Act or statutory rule (the relevant State legislation) under which the existing regulatory authorisation was issued.

(3) 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.

(4) 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.

(5) The person or body (a regulatory body) that has the function under the relevant State legislation of issuing regulatory authorisations of the same kind as a transferred regulatory authorisation must, at the request of the successor body, re-issue the transferred regulatory authorisation in the name of the successor body (with substantially the same terms, conditions and endorsements as the transferred regulatory authorisation).

(6) 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.

(6A) 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.

(7) In this clause—

issued includes given.

reconstituted or abolished body means each of the following—

(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.

regulatory authorisation means a licence, permit, consent, entitlement, accreditation or other authority under an Act or statutory rule, including (but not limited to) the following—

(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.

successor body means—

(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.

43A

Operation of Schedule not to be regarded as civil wrong

43A Operation of Schedule not to be regarded as civil wrong

(1) 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.

(2) 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.

(3) In this section—

instrument has the same meaning as in Schedule 6.

Schedule 8

Schedule 8 (Repealed)

sch 8: Am 2017 No 17, Sch 1 [55]. Rep 1987 No 15, sec 30C.

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1 Preliminary

Introductory note.

Division 1 Introduction

Division 1.1 Introduction

1 Name of Act

1.1 Name of Act

This Act is the Crown Land Management Act 2016.

1 Commencement

1.2 Commencement

(1) This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2).

(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).

1 Objects of Act

1.3 Objects of Act

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.