61Classification and reclassification of public land as operational land

61 Classification and reclassification of public land as operational land

61 Classification and reclassification of public land as operational land

(1) The public land referred to in Part 1 or Part 2 of Schedule 3 is classified or reclassified as operational land for the purposes of the Local Government Act 1993.

(1A) The public land described in Part 1 of Schedule 3—

(a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and

(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.

(2) In accordance with section 30 of the Local Government Act 1993, land described in Columns 1 and 2 of Part 2 of Schedule 3, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except—

(a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 3, and

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

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

(3) Before the relevant amending plan inserted a description of land in Part 2 of Schedule 3, the Governor approved of subclause (2) applying to the land.

(4) In this clause, the relevant amending plan, in relation to land described in Part 2 of Schedule 3, means this plan or, if the description of the land is inserted into that Part by another local environmental plan, that plan.

cl 61: Am 2006 (430), Sch 1 [2]; 2011 (634), Sch 1 [1]–[3]; 2012 No 42, Sch 2.20; 2019 (621), Sch 2.11[1].