Crown Land Management Regulation 2018
70Exemption from operation of Act, sections 3.22 and 3.23(7)
Start here
Get a plain-English read of 70
Turn the raw legal text into a practical explanation grounded in Crown Land Management Regulation 2018.
70 Exemption from operation of Act, sections 3.22 and 3.23(7)
70 Exemption from operation of Act, sections 3.22 and 3.23(7)
(1) This clause applies to a council manager of dedicated or reserved Crown land until whichever of the following occurs first—
(a) the council adopts its first plan of management for the land for the purposes of section 3.23 of the Act,
(b) the land is classified as operational land with Minister’s consent under section 3.22 of the Act.
(2) The council manager is exempt from the operation of section 3.22 of the Act in respect of the following—
(a) the granting of a short-term licence over the land of a kind that can be granted by a Crown land manager under section 2.20 of the Act,
(b) the renewal of an existing lease or licence over the land for a term not exceeding the maximum term if there are no additional permitted uses of the land,
(c) the granting of a new lease or licence over the land for a term not exceeding the maximum term if—
(i) there was a lease or licence in force over the land immediately before 1 July 2018, and
(ii) there are no additional permitted uses of the land,
(d) the granting of a new lease or licence over the land for a term not exceeding the maximum term if—
(i) the lessee or licensee is an emergency services organisation (within the meaning of the State Emergency and Rescue Management Act 1989), a not-for-profit organisation or a community group, and
(ii) the Minister consents to the granting of the lease or licence,
(e) the granting of a new lease over the land for a term not exceeding the maximum term if—
(i) the negotiations between the council and the lessee in relation to the granting of the lease were commenced and, in the opinion of the Minister, substantially completed before 1 July 2018, and
(ii) the Minister consents to the granting of the lease,
(f) the granting of a new lease or licence over the land for a term not exceeding the maximum term if the lease or licence could, in the opinion of the Minister, have been granted immediately before 1 July 2018 under a plan of management in force immediately before that date.