42Requirements for classification as government land

42 Requirements for classification as government land

42 Requirements for classification as government land

(1) Land meets the requirements for classification as government land, subject to the regulations, if:

(a) the land is owned by the Crown, unless:

(i) the regulations declare that the land is not government land, or

(ii) the land is leased and subsection (2) applies to the land, or

(b) the land is owned by a State owned corporation, unless:

(i) the regulations declare that the corporation is a liable State owned corporation, or

(ii) the land is leased and subsection (2) applies to the land, or

(c) the land is owned by the Commonwealth, or

(d) the land is owned by a council, unless:

(i) the regulations declare that the land is not government land, or

(ii) the land is leased and subsection (2) applies to the land, or

(e) the land is situated within any part of the Western Division (within the meaning of the Crown Land Management Act 2016) that is not constituted as an area under the Local Government Act 1993, or

(f) the land is the premises of a mission to which the Diplomatic Privileges and Immunities Act 1967 of the Commonwealth applies, or

(g) the land is declared by the regulations to be government land.

(2) Land that is owned by the Crown, a State owned corporation or a council does not meet the requirements for classification as government land if the land is the subject of a lease for value and the dominant use of the land is for the purposes of the lease.

(3) However, subsection (2) does not apply if:

(a) the land is owned by the New South Wales Land and Housing Corporation, or by the Aboriginal Housing Office, and the dominant use of the land under the lease is for residential accommodation, or