Luna Park Site Act 1990

Several statutory concepts structure the Act and determine rights and constraints. The Luna Park site is a defined parcel of Crown land by reference to Schedule 1 (s 4(1), Schedule 1). From the repeal day of the Crown Lands Act 1989 the site is to be Crown land dedicated for the three public purposes specified (s 5A(1)), with that dedication made non-revocable (s 5A(2)). The Luna Park Reserve Trust is reconstituted as the Crown land manager and continues as the same legal entity, carrying its assets and liabilities forward, subject to the modifications in s 5B (s 5B(1)).

Authorised use and dedicated use are key categories. The Act expands authorised uses by statute under Part 2A. It differentiates the boardwalk/foreshore area and the cliff top area (s 6A) and authorises specific entertainment and commercial uses for parts of the site: restaurants, cafes, functions, exhibitions, theatres and other entertainment uses on the site generally (s 6B), and in addition hotels, shops, offices and car parking on the cliff top area subject to heritage tree protections (s 6C). The Act expressly makes those authorised uses consistent with the Crown Land Management Act 2016’s permitted purposes framework (s 6D). Authorised uses under this Part are additional to any other lawful uses (s 6H).

Plan of management is another central concept. Existing plans continue and are to remain subject to the Crown Land Management Act 2016’s plan process, but the Act prescribes mandatory plan content: perpetual public access to the boardwalk/foreshore area, limitations that uses be sympathetic to historic and community significance, and an express list of prohibited uses (including permanent residential accommodation, hotels, motels, hostels and certain accommodation types, and prohibition on erection of permanent structure on Lot 1186 DP 48335) (s 6(1)-(3)).

Control of access is split: the Trust and lessees may control access to parts of the site other than the boardwalk/foreshore; control measures include fences, gates and charging an access fee; but the boardwalk/foreshore must remain publicly accessible at all times (s 6G). The Act also preserves the operation of the Environmental Planning and Assessment Act 1979 (the Planning Act) (s 6F).

On compensation and dispute resolution, the Act extinguishes pre-6 June 1990 claims against the Crown except as provided in Part 4 (s 9). The lessee, however, has a statutory route to claim compensation from the Crown for determination of the Luna Park lease or vesting in the Crown, handled solely under this Act through appointment of an arbitrator and an arbitration process that generally adopts the Commercial Arbitration Act 2010 subject to exceptions (ss 10-13, 16-17). The Act caps the lessee’s market-value entitlement to the market value immediately before 6 June 1990, subject to detailed arbitrator considerations and possible reductions (s 11).

Noise regulation in s 19A creates a statutory immunity from criminal, civil and certain administrative noise actions for emissions from the site, and declares noise non-nuisance, except where the noise exceeds the maximum permissible level at the closest residential façade; the Act specifies the measurement standards and the numerical default maximum (85 dB(A) LA10, 15 mins) unless regulations prescribe otherwise (s 19A(1)-(5)).

Finally, the Act permits regulations to fill in operational detail and to make savings or transitional provisions, for example under Schedule 2 or to give effect to prior amendments (s 23; Schedule 2 Part 1).

The Act allocates rights, obligations and regulatory status across a set of defined actors. The Luna Park Reserve Trust is the statutory manager of the Reserve from the repeal day, and retains the trust’s prior assets, rights and liabilities while exercising Crown land manager functions subject to statutory modifications (s 5B(1)-(2)). The Trust thus gains managerial powers over access, leasing and use of parts of the site (ss 5B; 6G; 6E).

The lessee under the Luna Park lease, defined in s 4, remains a party with specific entitlements and potential claims. The lessee can seek statutory compensation for determination of the lease or vesting in the Crown, but must pursue that relief solely under the Act’s arbitration framework and subject to time limits and evidentiary particulars (ss 10-13). The lessee retains the ability to remove improvements in limited circumstances, but only with written Ministerial approval, and faces time-limited windows and forfeiture rules (s 14). The lessee is not required to pay the arbitrator’s fees but may be subject to orders for costs permissible under the Commercial Arbitration Act 2010 (s 16).

Members of the public are affected in two principal ways. First, the general public gains statutory protection of access to the boardwalk/foreshore area, required to be available at all times by the plan of management (s 6(2)(a)). Second, normal legal remedies for noise-related complaints are curtailed: the Act bars criminal and civil proceedings and certain administrative noise abatement actions against any person with respect to noise emission from the site except where noise exceeds the statutory maximum at the closest residential façade (s 19A(1)-(3)). That immunity affects residents and neighbours seeking redress for noise, subject to the defined exception.

The Minister and the Crown more broadly are addressees of duties and powers. The Minister retains discretions concerning approvals for removal of improvements (s 14), and the Act allows the Minister to exercise certain Crown land Minister functions for the site if the Minister is not the Crown land Minister (s 5B(2)(e)). The Governor acts on the Minister’s certification to appoint an arbitrator (s 12).

Occupiers and prospective commercial tenants are affected by the expanded authorised-use regime. The Act authorises specified entertainment and commercial uses on the site generally and additional commercial uses on the cliff top area, subject to heritage tree protections (ss 6B-6C). A plan of management may be overridden for parts of the cliff top subject to lease while the lease remains in force (s 6E(2)), so lessees of seated cliff-top leases gain operational precedence during lease terms.

Regulators under other regimes are affected by carve-outs and interactions. The Act preserves the operation of the Environmental Planning and Assessment Act 1979 and its instruments in relation to the site, with limited exceptions (s 6F; s 19A(4)). It also identifies particular excluded noise abatement actions (for example under the Protection of the Environment Operations Act 1997 and the Liquor Act 2007) when the s 19A immunity operates (s 19A(5)).

Finally, the local council and neighbouring owners are implicated by the Schedule 1 land particulars, prohibited uses, and the requirement to maintain public access to specified areas (Schedule 1; s 6).

The Act establishes a set of mandatory duties on managers and occupiers and a set of rights for lessees, the public and the Crown.

Duties of the Trustee/Trust board: The reconstituted Luna Park Reserve Trust is appointed as sole Crown land manager and is taken to be a continuation of the existing Trust with the same assets and liabilities (s 5B(1)). The Trust must operate within the Crown Land Management Act 2016 subject to the Act’s modifications, including that its appointment and the dedication cannot be revoked and no other Crown land manager can be appointed for the Reserve (s 5B(2)(a)-(c)). The Trust must ensure that a plan of management is in force and that the plan contains the required provisions such as public access to the boardwalk/foreshore area and limits on uses to those sympathetic to historic and community significance (s 6(1)-(2)). When exercising Crown land manager functions, the Trust may be subject to Ministerial consent requirements unless regulations prescribe functions for which written consent is not needed (s 5B(2)(e)-(f)).

Duties of the Minister/Crown: The Minister must appoint an arbitrator via Governor’s appointment when triggered (s 12(1)). The Minister may receive claims and has the power to grant or refuse written approvals for the removal of improvements (s 14(1)). The Minister can exercise certain functions of the Crown land Minister for the Reserve where the Crown land Minister is a different portfolio holder; exercise of these functions by the Minister has the same effect as if exercised by the Crown land Minister (s 5B(2)(e)-(3)). The Governor exercises appointment power for the arbitrator on the Minister’s certification that the appointee has appropriate qualifications (s 12(2)).

Rights of the lessee and claimants: The lessee has a specific statutory right to make a claim for compensation in relation to determination of the Luna Park lease or vesting of the land in the Crown; but that claim is to be processed solely under the Act and in arbitration (s 10(1)-(2)). The lessee’s maximum compensation is the market value immediately before 6 June 1990 of the lessee’s estate or interest, subject to the arbitrator’s assessment factors, including whether the lease had been determined, outstanding liabilities, damages, and costs the lessee would have incurred had the lease continued (s 11(1)-(2)). The lessee also has a right to apply to have improvements removed with Ministerial approval and, if Ministerial approval is not granted within one month, to submit the matter to the arbitrator (s 14(1), (3)).

Public rights: The public has a statutory right to access the boardwalk/foreshore area at all times, which the plan of management must preserve (s 6(2)(a)). The public’s ability to bring criminal or civil proceedings for noise is curtailed by s 19A, which prevents such proceedings related to noise from the site unless noise exceeds the maximum permissible level at the closest residential façade (s 19A(1)-(3)).

Managerial powers and leasing rights: The Trust and lessees are entitled to control and restrict access to any part of the site except the boardwalk/foreshore area, including by fencing and charging fees (s 6G(1)-(2)). For the cliff top area, the Act authorises additional uses and expressly allows leases to be granted that permit those uses; while such a lease is in force, the plan of management’s provisions do not apply to the leased part (s 6C; s 6E(1)-(2)).

Noise and enforcement limitations: The Act establishes a right for site users and managers to operate without facing criminal, civil or certain administrative noise actions for normal emissions, and declares such emissions not to be nuisance unless the statutory permissible threshold is exceeded (s 19A(1)-(3)).

Procedural duties: The Minister must notify and provide particulars to the lessee concerning appointments and arbitral venue (s 12(3)). Claims must be made in writing to the arbitrator within three months of notice of appointment (s 13(1), (4)). The lessee is not required to pay arbitrator fees (s 16), but is otherwise subject to cost orders permitted under the Commercial Arbitration Act 2010 (s 16).

The Act provides a narrow set of enforcement mechanics and procedural directions and sets out limits on where enforcement will operate.

Criminal and summary proceedings: Proceedings for offences against this Act or its regulations are to be dealt with summarily before the Local Court (s 20). The Act does not itself contain a wide schedule of specified offences in the text supplied, but this procedural direction governs any offence prosecutions under the Act and regulations.

Forfeiture and loss of property rights: The Act enforces time-limited duties on removal of improvements. If the lessee obtains approval to remove an improvement and fails to remove it within three months, the unremoved portion is forfeited to the Crown and no compensation is payable (s 14(4)). Similarly, where the Minister directs removal and the lessee fails to remove within three months, the improvement is forfeited to the Crown and no compensation is payable (s 15(2)). If the lessee improperly removed an improvement before, on or after 6 June 1990, any compensation due under the Act is reduced by an amount equal to the value of the improvement as determined by the arbitrator (s 14(5)).

Arbitration and costs: Compensation claims are to be resolved by arbitration under the Act. The arbitrator’s fees and expenses are not payable by the lessee (s 16). However, the lessee remains subject to any order for costs that may be made by an arbitral tribunal under the Commercial Arbitration Act 2010, subject to the Act’s exclusions of certain parts of that legislation (s 16; s 17). Section 17 expressly excludes Part 3 (except s 15) and sections 27C and 33A of the Commercial Arbitration Act 2010 from applying to any arbitration under this Act, which modifies enforcement of arbitral procedures and may affect availability of certain remedies or judicial intervention provided by that Act (s 17).

Noise enforcement carve-outs: Section 19A removes criminal and civil liability and many administrative noise-abatement processes for noise emissions from the site, and removes nuisance liability, except where noise exceeds the maximum permissible noise level at the closest residential façade (s 19A(1)-(3)). The section explicitly limits the types of noise abatement actions that are barred and lists examples, including certain POEO Act notices and orders under the Planning Act, and actions following complaints under the Liquor Act, while preserving other unspecified actions if prescribed by regulation (s 19A(5)). Section 19A(4) states that the section does not limit or otherwise affect operation of the Environmental Planning and Assessment Act 1979 other than s 121B, which creates a specific carve-out for planning enforcement interplay.

Regulatory instruments: The Governor may make regulations to implement the Act, and those regulations may prescribe further matters such as the maximum permissible noise level if different from 85dB(A) LA10 15mins (s 23; s 19A(5)(b)). Regulations can also have savings or transitional effect with limited retrospective effect restrictions under Schedule 2 Part 1 (Schedule 2 Part 1(1)-(3)).

The Act is constructed to operate alongside and modify aspects of other existing statutory regimes.

Crown Land Management Act 2016: The Luna Park site is explicitly dedicated and to remain as Crown land under the Crown Land Management Act 2016 for specific purposes (s 5A(1)). Certain protections are layered in: the dedication for those purposes cannot be revoked under the Crown Land Management Act 2016 (s 5A(2)). The existing Luna Park Reserve Trust is taken to be reconstituted as a statutory land manager under the Crown Land Management Act 2016 and to have been appointed as sole Crown land manager of the Luna Park Reserve (s 5B(1)(c)). The Crown Land Management Act 2016 applies to the Reserve and the Trust subject to specified modifications set out in s 5B(2), such as preventing revocation of the Trust’s appointment and preventing the appointment of any other person as manager (s 5B(2)(a)-(b)). Clause 5B(2)(c) assigns the Trust as a category 2 non-council manager for Division 3.5 purposes.

Modifications to Crown Land Management Act functions: Section 5B(2)(e) allows the Minister, if not also the Crown land Minister, to exercise functions of the Crown land Minister for the Luna Park Reserve, except for certain functions; and s 5B(2)(f) allows regulations under this Act to prescribe functions for which written ministerial consent under the Crown Land Management Act is not required. Those changes tailor the Crown Land Management Act’s default distribution of functions and consent thresholds for this Reserve.

Environmental Planning and Assessment Act 1979: The Act expressly preserves the operation of the Planning Act in relation to Luna Park (s 6F). Section 19A(4) clarifies that the noise immunity does not limit the operation of the Planning Act other than section 121B, so planning instruments and consents generally remain relevant to proposals on the site. The Act also notes in s 6D that uses authorised by this Act are an authorised purpose under section 2.12(c) of the Crown Land Management Act 2016.

Protection of the Environment Operations Act 1997 and Liquor Act 2007: Section 19A enumerates types of noise abatement actions that are barred by the Act’s immunity, including issuing of noise control notices, noise abatement orders or directions under ss 264, 268 or 276 of the POEO Act, orders under s 121B of the Planning Act, and complaint-based actions under Division 3 of Part 5 of the Liquor Act 2007. The Act therefore expressly delimits enforcement overlap and preserves only the exceedance-based exception for noise above the maximum permissible level (s 19A(5)).

Commercial Arbitration Act 2010: The arbitration mechanism for lessee compensation is linked to the Commercial Arbitration Act 2010. Section 17 makes that Act applicable to arbitration under this Act except as otherwise provided, but it excludes Part 3 (except s 15) and sections 27C and 33A of the Commercial Arbitration Act 2010 from application to arbitrations under this Act (s 17). Section 16 states the lessee is not required to pay arbitrator fees but remains subject to cost orders allowed under the Commercial Arbitration Act. These cross-references shape procedural rights, challenges and cost rules for compensation disputes.

Australian Standards: Section 19A prescribes methods for measuring the maximum permissible noise, referencing specific Australian Standards AS 1055.1,1997, AS 1259.1,1990 and AS 2659.1,1988 as the measurement frameworks. Those technical instruments thereby become part of the statutory test for the s 19A immunity exception.

Regulations and savings/transitional legislation: The Governor may make regulations to carry the Act into effect and to prescribe matters, including potentially revising the maximum permissible noise level (s 23; s 19A(5)(b)). Schedule 2 empowers regulations to include savings or transitional provisions consequent on earlier amendments, including the 1997 and 2005 Amendment Acts (Schedule 2 Part 1).

Temporal interactions: The Act’s commencement machinery allows Parts 2, 3 and Schedule 1 to commence on days appointed by proclamation, including 6 June 1990 or later (s 2(2)-(3)), which affects how the dedication, reconstitution of the Trust and vesting provisions interact with earlier Crown Lands and planning regimes. The definitions tie commencement and repeal events to the repeal day of the Crown Lands Act 1989 and thereby link timing to the Crown Land Management Act 2016 (s 5).

The Act, as presented in the supplied text, shows multiple insertions and amendments that changed content and interactions with other statutes. The object provision and dedication mechanics predate certain amendments but the text records express insertions and substitutions.

Key amendment points and their effects evident in the text include:

• The insertion of Part 2A (the expanded authorised uses and the boardwalk/foreshore and cliff top area definitions) was made by the Luna Park Site Amendment Act 1997 (see the historical note for Part 2A). This created the explicit authorised-use list (ss 6A-6I) and allowed additional commercial uses on the cliff top area subject to heritage-tree protection (s 6C). It also inserted the power for leases over the cliff top area to displace plan-of-management provisions for the leased area while the lease is in force (s 6E).

• The Luna Park Site Amendment (Noise Control) Act 2005 inserted s 19A and related protections concerning past noise emissions and the statutory immunity; Schedule 2 Part 3 records savings effects for past emissions for a defined period (see Schedule 2 Part 3 and s 3 in that Part). Section 19A itself was inserted in 2005 and later amended (see notes), and s 19A includes references to the POEO Act and other noise abatement mechanisms.

• The Crown Land Management Act 2016’s commencement and the repeal of the Crown Lands Act 1989 are reflected in later amendments, specifically the substitution of Part 2 and relevant definitions to align the Luna Park regime with the Crown Land Management Act 2016. Section 5A and s 5B were inserted or substituted in 2017 to reflect that alignment and to reconstitute the Trust as a statutory land manager under the Crown Land Management Act 2016 while adding express limitations such as the non-revocable dedication and the Trust’s non-removable appointment (ss 5A-5B and accompanying notes).

• The Commercial Arbitration Act 2010 amendments altered the arbitration linkage. Section 16 records an amendment from 2010 that the lessee is not required to pay the arbitrator’s fees (s 16 note). Section 17 records the application of the Commercial Arbitration Act 2010 to arbitration under this Act with specified exclusions.

• Schedule 1 was amended by the 1997 Act to add land items 7 and 8 to the Luna Park site with specified operative dates (Schedule 2 Part 2; Schedule 1 items 7 and 8; see Schedule 2 Part 2(1)).

The Act’s textual notes include specific amendment citations such as "Ins 1997 No 105, Sch 1", "Ins 2005 No 72, Sch 1", and "Subst 2017 No 17, Sch 2.11", which mark the statutory history for each change as captured in the supplied text (for example s 5B: Ins 2017 No 17, Sch 2.11 [4]; s 19A: Ins 2005 No 72, Sch 1 [3], Am 2009 No 106, Sch 5.10).

Schedule 2 preserves express savings and transitional mechanics for the 1997 and 2005 amendment Acts and authorises regulations to give effect to savings or transitional provisions, with constraints on retrospective prejudice to private persons (Schedule 2 Part 1(1)-(3)).

The supplied Act notes also indicate repeals of earlier sections by later amendments (for example Parts of Part 3 and sections 7, 8, 18, 19, 21 have been repealed as annotated), showing the Act’s content has been progressively pruned and reconfigured to align with subsequent statutory frameworks.

The text of the Act itself does not list or record judicial decisions. It does, however, establish statutory processes and references to courts and tribunals whose prior determinations matter to the statutory scheme.

Relevant statutory references that bear on litigation and dispute resolution include:

• Section 9 extinguishes claims and demands against the Crown arising before 6 June 1990 in respect of matters relating to the Luna Park site or the Luna Park lease, expressly extending the bar to claims made but not finally determined before the commencement of the section (s 9(1)-(2)). The section defines "Crown" broadly to include Ministers and bodies acting on the Crown’s behalf (s 9(3)). This statutory extinguishment therefore limits the slot for litigation or pending claims existing at or before that date unless the Act provides otherwise.

• Section 10(3) provides a litigation-related caveat: the lessee is not entitled to claim compensation under this Act if, before the commencement of s 10, a court had found that the Luna Park lease had been determined and the lessee was not entitled to relief against that determination. The provision preserves the effect of prior judicial findings to bar subsequent statutory claims.

• Section 11(2)(a)-(c) tasks the arbitrator with considering whether the lease had been or was capable of being determined before, on or after 6 June 1990, and whether the lessee had any entitlement to relief against determination. That treatment embeds prior judicial findings and legal status as central factors to the compensation inquiry.

• Part 4 channels disputes between the lessee and the Minister into arbitration. Section 13(2) states that any claim for compensation constitutes a dispute between lessee and the Minister. Section 12 requires the Governor to appoint an arbitrator on certain triggers, and s 12(2) requires ministerial certification of the arbitrator’s qualifications. Section 17 imports the Commercial Arbitration Act 2010 to arbitral proceedings under this Act, subject to express exclusions; those exclusions will affect the route to court-curial intervention and enforcement of arbitral awards insofar as the excluded parts of the Commercial Arbitration Act would otherwise apply (s 17).

• Section 19A addresses prior noise-related proceedings through Schedule 2 Part 3 (the 2005 amendment), which treats certain past noise emissions as having been authorised uses during a defined relevant period and states that emissions in that period are not to be taken to be nuisance for purposes of legal proceedings or noise abatement action, subject to certain exceptions (Schedule 2 Part 3; s 3 of that Part). The clause preserves any final determination made by a court or tribunal before the commencement of that clause but provides that such determinations do not limit or restrict use of the Luna Park site after commencement, subject to the maximum permissible noise exception (Schedule 2 Part 3(4)-(6)).

Although the Act displays numerous references to adjudicative processes, courts and tribunals, the Act text supplied does not cite or summarise any judicial decisions applying these provisions. Any litigation history that interprets the Act, the Crown Land Management Act modifications, the scope of s 19A immunity, or the arbitrator’s assessments under s 11 would need to be drawn from case law sources, which are not provided in the Act text.

This Act contains several features that practitioners and affected parties should treat as potential operational traps or points requiring careful action.

Non-revocable dedication and non-revocable manager appointment: The dedication of the Luna Park site to the specified public purposes is stated to be non-revocable under the Crown Land Management Act 2016 (s 5A(2)), and the Trust’s appointment as Crown land manager cannot be revoked (s 5B(2)(a)). Those textual limits mean standard administrative pathways for changing land classification or appointing alternate managers under the Crown Land Management Act will not apply to this site. That can constrain future policy flexibility.

Plan of management displacement by lease: Section 6E provides that a plan of management does not prevent the grant of leases for authorised cliff top uses, and while such a lease permits those uses the plan of management does not apply to that part of the cliff top area while the lease is in force (s 6E(1)-(2)). This is a concrete mechanism where an incoming lessee can obtain rights that supersede plan-of-management constraints for the leased area, with the result that a plan’s content (including otherwise mandatory constraints) may be displaced for the term of a lease.

Noise immunity carve-outs: Section 19A creates a broad immunity for noise, barring criminal and civil proceedings and specific administrative noise-abatement actions. The immunity does not apply if noise exceeds the maximum permissible noise level at the closest residential façade (s 19A(1)-(3)). Practitioners must note the multi-part test: identify the closest residential façade; apply the defined maximum (85 dB(A) LA10, 15mins) unless regulations specify otherwise; and measure according to the cited Australian Standards (s 19A(5)(a)-(e)). Failure to use the correct measurement standard or to identify the correct façade can be litigated.

Timing-driven arbitration and forfeiture windows: Compensation claims must be made within three months after notice of appointment of the arbitrator is given to the lessee (s 13(4)). For removal of improvements, the lessee has to apply no later than three months after such date as the Minister may notify for an application (s 14(2)), and if removal approval is granted the lessee has three months to remove the improvement before forfeiture to the Crown occurs (s 14(4)). These strict timeframes create risks of forfeiture and loss of compensation if deadlines are missed.

Ministerial and regulatory discretion: Section 5B(2)(f) allows regulations under this Act to prescribe kinds of functions for the purposes of section 3.27(2)(c) of the Crown Land Management Act 2016 in addition to those prescribed by regulations under that Act, and as a consequence written Ministerial consent is not required for the exercise of such functions by the Trust. That creates an avenue by which regulation can expand the Trust’s delegated functions without written ministerial consent, affecting oversight and accountability arrangements.

Measurement standards and numerical default: The maximum permissible noise level default is set numerically (85 dB(A) LA10, 15 mins) unless the regulations prescribe another level (s 19A(5)(a)-(b)). The Act ties measurement to dated Australian Standards (AS 1055.1,1997; AS 1259.1,1990; AS 2659.1,1988) as in force from time to time (s 19A(5)(c)-(e)). Parties must be careful about which edition applies and how "as in force from time to time" will be interpreted in practice, and about whether later regulatory change can alter the numerical threshold.

Extinguishment of pre-1990 claims: Section 9 broadly extinguishes claims and demands against the Crown arising before 6 June 1990 relating to the Luna Park site, but Part 4 creates a limited statutory route for the lessee to claim compensation. Practitioners must check whether prior court determinations are preserved to bar new claims because s 10(3) excludes lessee claims where courts previously found determination and no entitlement to relief.

Overlap with planning and environmental regimes: The Act preserves the operation of the Environmental Planning and Assessment Act but excludes planning section 121B from the non-limitation in s 19A(4). The practical effect can be nuanced: some planning enforcement or conditions may continue to apply while other environmental noise-based actions are curtailed. Careful cross-referencing of consents, conditions and enforcement regimes is necessary.

Regulatory gap risks: The Governor may make regulations for matters necessary to give effect to the Act and regulations may prescribe additional authorised uses or maximum noise levels (s 23; s 19A(5)(b); s 6B(d); s 6C(e)). The Act leaves open many operational details to regulation, creating uncertainty until regulations are promulgated.

Definition sensitivity: Key statutory meanings, such as "closest residential façade" and "maximum permissible noise level", determine where the s 19A immunity applies. Small factual differences in how the façade is located or how multiple noise sources are treated may change whether immunity attaches (s 19A(5)). The Act’s definition of "the lessee" in s 4 includes persons to whom the estate has been lawfully assigned and, if the lease was determined, the person who immediately before determination was the lessee, producing specific identity and standing implications for compensation claims.

Practical compliance requires attention to several discrete regimes in the Act: land management and plan obligations, authorised uses and leasing, licence and access control, improvement removal rules, arbitration and compensation procedures, noise measurement and thresholds, and regulatory interaction.

Plan of management and public access

• Ensure a current plan of management exists and contains the mandatory content: perpetual public access to the boardwalk/foreshore area, limitations to uses sympathetic to historic and community significance, and the listed prohibitions on residential and certain accommodation uses and permanent structures on Lot 1186 DP 48335 (s 6(1)-(3)). If operating as the Trust board, verify plan continuity or follow Division 3.6 processes under the Crown Land Management Act 2016 as modified by this Act (s 6(1)).

Authorised uses and leasing

• For operations on the main site (other than boardwalk/foreshore), limit primary activities to the authorised uses in s 6B,restaurants, cafes, functions, exhibitions, conventions, meetings, markets, theatres and other entertainment-related uses declared by regulation. For cliff top areas, ensure any additional uses (hotels, shops, offices, car parking and other commercial uses declared by regulation) do not threaten or damage heritage-listed fig trees (s 6B-6C).
• If occupying or proposing to develop the cliff top area, consider negotiating a lease that permits the authorised use, recognising that while a lease permits such use, plan-of-management provisions will not apply to the leased part for the lease term (s 6E).

Controlling access and fees

• If exercising control over access, do not restrict access to the boardwalk/foreshore area (s 6G(1)-(3)). Document and implement access-control measures such as fencing or gate systems and ensure any fees for access are lawful and do not interfere with the public access requirement (s 6G(2)-(3)). Maintain health and safety access control records where such grounds are relied upon (s 6G(4)).

Removal of improvements

• If the lessee wishes to remove improvements, submit a written application for Minister approval promptly and within the statutory window (no later than three months after any date the Minister notifies for that purpose) (s 14(1)-(2)). If Minister fails to grant or refuse approval within one month, be ready to refer the matter to the arbitrator under s 14(3). If approval to remove is obtained, remove the improvement within three months to avoid forfeiture (s 14(4)). Retain valuations and removal plans to support any arbitrator assessment of compensation in case of dispute.

Compensation claims and arbitration

• Monitor for the Minister’s notice of appointment of an arbitrator (s 12(3)). Once the Minister notifies the lessee of an arbitrator appointment, lodge any claim for compensation in writing to the arbitrator at the specified place within three months of that notice (s 13(1), (4)). Ensure the claim specifies the amount claimed and particulars of the assessment, and compile documentary proof of market value immediately before 6 June 1990 and any liabilities, costs, or diminution matters the arbitrator must consider (s 11(1)-(2); s 13(3)).
• Be aware that the arbitrator will assess entitlement having regard to whether the lease had been determined or was capable of determination, outstanding liabilities to the lessor, liabilities in damages, and costs the lessee would have incurred during the remaining lease term (s 11(2)(a)-(f)). Prepare submissions and evidence on each enumerated matter.
• Note that the lessee is not required to pay the arbitrator’s fees (s 16), but may be liable for cost orders permitted under the Commercial Arbitration Act 2010. Seek clarification on which parts of the Commercial Arbitration Act apply or are excluded under s 17 before structuring submissions.

Noise management and measurement

• To rely on the s 19A immunity, ensure noise emissions do not exceed the maximum permissible noise level at the closest residential façade. Identify the closest residential façade as defined, and take noise measurements in accordance with the specified Australian Standards (s 19A(5)). If proposing events or operations that bear risk of exceedance, implement mitigation measures and monitoring programs that reference AS 1055.1 (general procedures), AS 1259.1 (sound level meters), and AS 2659.1 (portable sound level meters), or updated editions adopted under the Act’s "as in force from time to time" language.
• If noise could exceed 85 dB(A) LA10, 15mins or a different level prescribed by regulation, obtain regulatory guidance or consents and document adaptive controls, because the s 19A immunity will not apply to exceedances (s 19A(3)-(5)).

Regulatory and planning compliance

• Treat any works, changes of use or development as subject to the Environmental Planning and Assessment Act 1979 and obtain any required development consents or comply with planning instruments (s 6F). Be aware that s 19A(4) does not limit planning law except s 121B, but other planning enforcement or conditions remain relevant.
• Monitor the Governor’s regulations under the Act, because regulations can add authorised uses, prescribe functions for the Trust without written Ministerial consent, and alter maximum permissible noise levels (s 23; s 5B(2)(f); s 6B(d); s 6C(e); s 19A(5)(b)). Account for transitional or savings regulations foreseen in Schedule 2.

Record keeping and risk management

• Maintain documentary evidence of title, historic lease status, any court determinations concerning the lease, outstanding liabilities under the lease, dates and particulars of improvements, valuations, and correspondence with the Minister and Trust. These documents will be relevant to arbitrator inquiries under s 11(2).
• Where the Trust or lessee intends to charge access fees, retain a clear record showing the geographic scope where access fee is charged and demonstrate that the boardwalk/foreshore area remains publicly accessible at all times (s 6(2)(a); s 6G(2)-(3)).

Engagement and timing strategies

• If you are a lessee or claimant, move quickly to meet statutory timeframes: application windows for removal of improvements, three-month windows for claiming compensation after notice of arbitrator appointment, and removal windows following approvals or ministerial directions (ss 12-14). Where ministerial action is required but not timely, be prepared to trigger arbitration as provided.

Legal and technical advice

• Seek specialised advice on noise measurement procedures and standards to ensure compliance with s 19A measurement requirements, and on valuation methodology for market value as at 6 June 1990 for compensation purposes (s 11(1)-(2)). Obtain legal advice on how the Act’s modifications to the Crown Land Management Act 2016 affect consent thresholds and oversight for the Trust (s 5B(2)(e)-(f)).

Regulatory watch

• Maintain an active watch on regulations made under the Act because they can materially change permitted uses, measurement thresholds and the scope of functions exercisable by the Trust without written ministerial consent (ss 5B(2)(f); 6B(d); 6C(e); 19A(5)(b); s 23).