This Act creates Place Management NSW, a statutory Crown body to manage the Sydney Harbour foreshore area (Schedule 1). It classifies land as core, non‑core or managed, gives Place Management NSW powers to acquire, vest, lease or (with ministerial consent) dispose of land, establishes a Board, CEO, rangers and a dedicated fund, and authorises fees and regulatory offences (ss 5–9, 10, 12, 19–21, 29–33, 46). The Minister and Board make key decisions (s 28, s 29); landowners, tenants and businesses in the foreshore area face new consent, registration and compliance duties (ss 13, 19–21).
This Act establishes a statutory corporation called Place Management NSW, sets out its land-related classifications, functions, governance, finance arrangements and miscellaneous powers, and consolidates and transfers assets, staff and functions from predecessor authorities. Mechanically the Act does the following.
Constitutes Place Management NSW as a body corporate representing the Crown (s 10; s 11). It is subject to Ministerial control (s 28) and governed by a Board and a Chief Executive Officer (s 29; s 30). The Board composition rules and procedure are in Schedule 2 (s 29(6); Sch 2).
Defines a foreshore area by reference to Schedule 1 and classifies land in that area into core land, non-core land and managed land (ss 5-9). Those classifications determine disposal and management powers (ss 6-9; ss 19-21).
Gives Place Management NSW a broad set of principal functions connected to protection, enhancement, orderly and economic development, provision of infrastructure, and operation of cultural, commercial, tourist, recreational and transport facilities and services (s 12). It also has ancillary powers to acquire land (by agreement or compulsory acquisition) (s 17), enter agreements to manage land owned by other public authorities (s 18), and to dedicate land to the Crown for public purposes (s 21).
Regulates disposals: core land is effectively inalienable except in narrowly specified circumstances and with Ministerial consent (s 19); non-core land may be sold or otherwise dealt with only with Ministerial consent (s 20). Leases or licences up to an aggregate of five years do not require Ministerial consent (ss 19(4), 20(2)).
Creates a dedicated fund, the Sydney Harbour Foreshore Fund, in the Special Deposits Account and prescribes its permitted receipts and use for Place Management NSW purposes (s 33). Investment of the Fund is regulated depending on Place Management NSW’s status under the Government Sector Finance Act 2018 (s 34). Place Management NSW may also administer funds financed by fees or contributions from businesses within the foreshore area, subject to audit by the Auditor-General (s 35).
Current sections
Direct links to the current provisions in Place Management NSW Act 1998.
(1) This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2).
(2) A day appointed under this section with respect to the commencement of sections 49 and 51, Schedule 4 and clauses 7, 8 and 9 of Schedule 5 must not be a day occurring before 1 January 2001.
3
Definitions
3 Definitions
3 Definitions
In this Act—
Board means the Board, established by this Act, of Place Management NSW.
Chief Executive Officer means the person employed in the Public Service as the Chief Executive Officer of Place Management NSW.
Place Management NSW means Place Management NSW constituted by this Act.
the public domain—see section 9.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
s 3: Am 2015 No 58, Sch 3.88 [1]; 2016 No 55, Sch 1.31 [2].
4
Notes
4 Notes
4 Notes
Notes included in this Act do not form part of this Act.
Part 2
Classification of land for the purposes of this Act
Part 2 Classification of land for the purposes of this Act
Part 2 Classification of land for the purposes of this Act
5
Foreshore area
5 Foreshore area
5 Foreshore area
For the purposes of this Act, the foreshore area means the area of land described in Schedule 1.
6
Core land
6 Core land
6 Core land
For the purposes of this Act, core land means the land within the foreshore area that is vested in Place Management NSW, being—
(a) that part of the land that, immediately before the commencement of this section, was within the development area (within the meaning of the Sydney Cove Redevelopment Authority Act 1968) and was vested in the Sydney Cove Redevelopment Authority, and
(b) that part of the land at Pyrmont that, immediately before the commencement of this section, was vested in the City West Development Corporation and is shown as bounded by a broken black line and a heavy black line on the map referred to in Schedule 1, and
(c) the land that is vested in Place Management NSW by clause 14 of Schedule 5, and
(d) on and from the day appointed by proclamation under section 2 (2), that part of the land that, immediately before that day, was within the Development Area (within the meaning of the Darling Harbour Authority Act 1984) and was vested in the Darling Harbour Authority, and
(e) any other land that is acquired by Place Management NSW after the commencement of this section and that is declared by the regulations to be core land.
Note—
The core land of Place Management NSW is land that, because of section 19, Place Management NSW has no power to dispose of, except in extremely limited circumstances.
7
Non-core land
7 Non-core land
7 Non-core land
For the purposes of this Act, non-core land means that part of the land within the foreshore area, not including core land, that is vested in Place Management NSW from time to time.
Note—
The non-core land of Place Management NSW is land that, because of section 20, Place Management NSW may dispose of with the consent of the Minister.
8
Managed land
8 Managed land
8 Managed land
For the purposes of this Act, managed land means that part of the foreshore area, not being core land or non-core land, that is managed by Place Management NSW under an agreement with the owner or occupier of the land.
9
The public domain
9 The public domain
9 The public domain
For the purposes of this Act, the public domain means the public places (within the meaning of the Local Government Act 1993) that are situated within the foreshore area and that are vested in or managed by Place Management NSW.
Note—
The public domain may comprise core land, non-core land or managed land.
Part 3
Constitution of Place Management NSW
Part 3 Constitution of Place Management NSW
Part 3 Constitution of Place Management NSW
pt 3, hdg: Am 2016 No 55, Sch 1.31 [4].
10
Constitution of Place Management NSW
10 Constitution of Place Management NSW
10 Constitution of Place Management NSW
There is constituted by this Act a corporation with the corporate name of Place Management NSW.
s 10: Subst 2016 No 55, Sch 1.31 [5].
11
Status of Place Management NSW
11 Status of Place Management NSW
11 Status of Place Management NSW
Place Management NSW is, for the purposes of any Act, a statutory body representing the Crown.
Note—
The management of Place Management NSW is provided for in Part 5 of this Act. Place Management NSW has a Board and a Chief Executive Officer. Place Management NSW is also subject to the control and direction of the Minister.
Part 4
Functions of Place Management NSW
Part 4 Functions of Place Management NSW
Part 4 Functions of Place Management NSW
pt 4, hdg: Am 2016 No 55, Sch 1.31 [4].
Division 1
Principal functions
Division 1 Principal functions
Division 1 Principal functions
12
Functions—generally
12 Functions—generally
12 Functions—generally
(1) Place Management NSW has the following functions—
(a) to protect and enhance the natural and cultural heritage of the foreshore area,
(b) to promote, co-ordinate, manage, undertake and secure the orderly and economic development and use of the foreshore area, including the provision of infrastructure,
(c) to promote, co-ordinate, organise, manage, undertake, secure, provide and conduct cultural, educational, commercial, tourist, recreational, entertainment and transport activities and facilities.
(2) In addition, Place Management NSW has the following functions in relation to particular classes of land within the foreshore area—
(a) in relation to core land—to develop and manage core land,
(b) in relation to non-core land—to develop, manage and deal in non-core land,
(c) in relation to managed land—to manage managed land in accordance with the terms of the agreement with the owner or occupier of the land,
(d) in relation to the public domain—to enhance and manage the landscape of the public domain and to improve, maintain and regulate the use of the public domain.
(3) (Repealed)
s 12: Am 2006 No 2, Sch 4.67 [1]; 2015 No 58, Sch 3.88 [2].
13
Land register
13 Land register
13 Land register
(1) Place Management NSW must establish and maintain a register of all land that is, from time to time, vested in or managed by Place Management NSW.
(2) The register must include the class of the land according to its classification under Part 2.
(3) The register must be established within 12 months after the date of commencement of this section.
(4) The register is to be open for public inspection without cost at the office of Place Management NSW during ordinary office hours.
14
Other functions
14 Other functions
14 Other functions
(1) Place Management NSW has such other functions as are conferred or imposed on it by or under this or any other Act.
(2) Place Management NSW may do all such supplemental, incidental or consequential acts as may be necessary or expedient for the exercise of its functions.
15
Exercise of functions—principles of ecologically sustainable development
15 Exercise of functions—principles of ecologically sustainable development
15 Exercise of functions—principles of ecologically sustainable development
In carrying out any of its functions, Place Management NSW is to take into consideration, where relevant, the principles of ecologically sustainable development within the meaning of the Local Government Act 1993.
16
Land on and in relation to which Place Management NSW’s functions may be exercised
16 Land on and in relation to which Place Management NSW’s functions may be exercised
16 Land on and in relation to which Place Management NSW’s functions may be exercised
Place Management NSW is not limited to exercising its functions on or in relation to land within the foreshore area.
(2) For the purposes of the Public Works and Procurement Act 1912, any acquisition of land under this Act is taken to be an authorised work, and Place Management NSW is, in relation to that authorised work, taken to be the Constructing Authority.
(1) If the Minister for a public authority that owns land within the foreshore area agrees that the land is not being used for the core activities of the public authority, the public authority must transfer—
(a) the land, or
(b) the management of the land,
to Place Management NSW, subject to any terms and conditions agreed to between that Minister and the Minister administering this Act.
(2) An agreement may state whether the transfer is subject to the payment of compensation and, if compensation is to be paid, the amount of the compensation or the basis on which it is to be determined.
(3) Duty under the Duties Act 1997 is not chargeable for or in respect of—
(a) a transfer effected in accordance with an agreement under this section or a voluntary transfer of land to Place Management NSW by a public authority, or
(b) anything certified by the Minister as having been done in consequence of such a transfer (for example, the transfer or conveyance of an interest in land).
(4) A public authority whose land is managed by Place Management NSW under an agreement with the public authority may delegate its functions to Place Management NSW, despite the provisions of any other Act.
(5) In this section—
Minister for a public authority means the Minister administering—
(a) the Act by which the public authority is constituted or established, or
(b) in the case of a subsidiary, the Act by which the subsidiary’s parent is constituted or established.
public authority includes—
(a) a State owned corporation within the meaning of the State Owned Corporations Act 1989 and a subsidiary within the meaning of that Act of such a corporation, and
s 18: Am 2000 No 53, Sch 2.22; 2006 No 58, Sch 2.63; 2006 No 84, Sch 2.16; 2020 No 30, Sch 4.68.
19
Disposal of core land
19 Disposal of core land
19 Disposal of core land
(1) Place Management NSW has no power to sell or exchange core land, or to otherwise dispose of the fee simple estate in core land, except by way of surrender to the Crown or except as provided by subsection (2).
(2) Place Management NSW may, with the consent of, and subject to any conditions imposed by, the Minister—
(a) mortgage, or grant a charge over, core land, or
(b) exchange core land for land within the foreshore area that adjoins or is adjacent to the core land to be exchanged, or
(c) in respect of a road that is core land—
(i) in the case of a public road, consent to an order being made under the Roads Act 1993 to transfer the road to another roads authority, or
(ii) in the case of a road that is not a public road, transfer the road to the Sydney City Council.
(3) Place Management NSW may, with the consent of the Minister and subject to such conditions as the Minister thinks fit, lease or grant licences in respect of core land and grant easements or rights-of-way over core land.
(4) This section does not require Place Management NSW to obtain the consent of the Minister to a lease or licence for a term that, together with the term of any further lease or licence that may be granted under an option in respect of it, does not exceed 5 years.
(5) A lease or licence granted under this section must not have a term that, together with the term of any further lease or licence that may be granted under an option in respect of it, exceeds 99 years.
20
Disposal of non-core land
20 Disposal of non-core land
20 Disposal of non-core land
(1) Place Management NSW may, with the consent of the Minister and subject to such conditions as the Minister thinks fit, sell, lease, exchange or otherwise dispose of or deal with non-core land and grant easements or rights-of-way over non-core land or any part of it.
(2) This section does not require Place Management NSW to obtain the consent of the Minister to a lease or licence for a term that, together with the term of any further lease or licence that may be granted under an option in respect of it, does not exceed 5 years.
21
Dedication of land
21 Dedication of land
21 Dedication of land
(1) Place Management NSW may, by notification published in the Gazette, declare that it proposes to surrender land described or referred to in the notification to the Crown to be dedicated—
(a) for any public purpose specified in the notification, or
(b) if so specified in the notification, as a public road.
(b) on revocation of the reservation, it may be dedicated under that Act for the public purpose specified in the notification or under section 12 of the Roads Act 1993 as a public road.
(3) Place Management NSW may, in a notification published under subsection (1), limit the description of, or reference to, land to a specified depth below the surface of the land. If the description or reference is so limited, subsection (2) does not apply to land below the specified depth.
(4) Place Management NSW may, by notification published in the Gazette, declare any elevated or subterranean structure owned by Place Management NSW that continues the line of a public road to be a public road. On the publication of the notification in the Gazette, the structure, except in relation to any vesting of the structure, is taken to be a public road.
s 21: Am 2017 No 17, Sch 4.74.
22
Roads
22 Roads
22 Roads
(1) A road that is core land, non-core land or managed land cannot be provided, opened, dedicated, closed (within the meaning of Part 4 of the Roads Act 1993) or realigned by the Crown, a public authority or any person except with the consent of Place Management NSW.
(2) Except as provided by subsection (1), this Part does not affect the application of the Roads Act 1993 or any other Act to a road that is core land, non-core land or managed land.
(3) Place Management NSW is a roads authority for the purposes of the Roads Act 1993 in respect of the public roads vested in it.
23
Parking
23 Parking
23 Parking
(1) Place Management NSW has, in relation to core land, non-core land and managed land, the same functions as a council and other persons and bodies have under the pay parking regulations.
(2) The regulations may provide for how references to persons and areas in the pay parking regulations are to be read in their application to Place Management NSW and to core land, non-core land and managed land.
(3) In this section, pay parking regulations means regulations made under the Road Transport Act 2013 in respect of pay parking.
s 23: Subst 1999 No 19, Sch 2.45. Am 2013 No 19, Sch 3.
24
Acquisition of property by gift, devise or bequest
24 Acquisition of property by gift, devise or bequest
24 Acquisition of property by gift, devise or bequest
(1) Place Management NSW may acquire by gift, devise or bequest any property for the purposes of this Act and may agree to carry out the conditions of any such gift, devise or bequest.
(2) The rule of law against remoteness of vesting does not apply to any condition of a gift, devise or bequest to which Place Management NSW has agreed.
(3) The Duties Act 1997 does not apply to or in respect of any gift inter vivos, devise or bequest made or to be made to Place Management NSW.
25
Dealings with certain property acquired by gift, devise or bequest
25 Dealings with certain property acquired by gift, devise or bequest
25 Dealings with certain property acquired by gift, devise or bequest
(1) Place Management NSW must not sell, lease, exchange or otherwise dispose of or deal with property acquired by gift inter vivos, devise or bequest except—
(a) if the property has been acquired subject to a condition to which Place Management NSW has agreed under section 24 (1), in accordance with the condition, or
(b) in any other case with the approval of the Minister.
(2) Despite subsection (1) but subject to subsection (3), if Place Management NSW decides that any property that has been acquired by Place Management NSW subject to a condition to which Place Management NSW has agreed under section 24 (1) is not required for the purposes of Place Management NSW, Place Management NSW may—
(a) sell the property and retain the proceeds of the sale as property of Place Management NSW, or
(b) exchange the property for other property, or
(c) if Place Management NSW is of the opinion that the property is of no commercial value, dispose of the property without valuable consideration,
in contravention of the condition.
(3) Place Management NSW must not sell, exchange or otherwise dispose of any property under subsection (2) except with the consent of the Minister and in accordance with any condition the Minister may impose upon the grant of that consent.
(4) The Minister may consent to the sale, exchange or disposal of property for the purposes of this section and may impose any condition the Minister thinks fit upon the grant of that consent.
26
Exercise of Place Management NSW’s functions
26 Exercise of Place Management NSW’s functions
26 Exercise of Place Management NSW’s functions
Place Management NSW, in the exercise of its functions, may arrange for the use of the services of any other person, including a government agency or a council.
27
Delegation of Place Management NSW’s functions
27 Delegation of Place Management NSW’s functions
27 Delegation of Place Management NSW’s functions
(1) Place Management NSW may delegate to an authorised person any of its functions, other than this power of delegation.
(2) A delegate may sub-delegate to an authorised person any function delegated by Place Management NSW if the delegate is authorised in writing to do so by Place Management NSW.
(3) In this section, authorised person means—
(a) a member of staff of Place Management NSW, or
(b) a council or the general manager of a council, or
(c) a person of a class approved by Place Management NSW or prescribed by the regulations.
Part 5
Management of Place Management NSW
Part 5 Management of Place Management NSW
Part 5 Management of Place Management NSW
pt 5, hdg: Am 2016 No 55, Sch 1.31 [4].
28
Ministerial control
28 Ministerial control
28 Ministerial control
Place Management NSW is subject to the control and direction of the Minister in the exercise of its functions.
29
Board of Place Management NSW
29 Board of Place Management NSW
29 Board of Place Management NSW
(1) There is to be a Board of Place Management NSW.
(2) The Board is to consist of the following members—
(a) the Chief Executive Officer,
(b) the Secretary of the Department of Planning and Environment or a person nominated by the Secretary,
(c) not more than 5 persons appointed by the Minister.
(3) Of the members appointed by the Minister, one is to be appointed by the Minister as Chairperson of the Board.
(4) (Repealed)
(5) All members of the Board are part-time members.
(6) Schedule 2 has effect with respect to the constitution and procedure of the Board.
s 29: Am 2015 No 58, Sch 3.88 [3] [4].
30
Chief Executive Officer
30 Chief Executive Officer
30 Chief Executive Officer
(1) The Chief Executive Officer is responsible for the day-to-day management of the affairs of Place Management NSW in accordance with the specific policies and general directions of the Board.
(2) Any act, matter or thing done in the name of, or on behalf of, Place Management NSW by the Chief Executive Officer is taken to have been done by Place Management NSW.
31
Staff
31 Staff
31 Staff
Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable Place Management NSW to exercise its functions.
Note—
Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services Place Management NSW makes use of) may be referred to as officers or employees, or members of staff, of Place Management NSW. Section 47A of the Constitution Act 1902 precludes Place Management NSW from employing staff.
s 31: Rep 2006 No 2, Sch 4.67 [2]. Ins 2015 No 58, Sch 3.88 [5].
32
Rangers
32 Rangers
32 Rangers
(1) Place Management NSW may appoint a person employed in the Public Service to be a ranger for the purposes of this Act.
(1A) Rangers may include persons who are engaged by Place Management NSW to provide services to Place Management NSW. Such persons are subject to the control and direction of the Chief Executive Officer while they are exercising the functions of a ranger.
(2) A ranger may exercise such functions as are conferred on a ranger by the regulations.
(3) Place Management NSW is to provide each ranger with an identification card.
(4) An identification card is a card that—
(a) states that it is issued under this Act, and
(b) gives the name of the person to whom it is issued, and
(c) describes the nature of the powers conferred, and
(d) states the date (if any) on which it expires, and
(e) is signed by the Chief Executive Officer.
(5) In the course of exercising the functions of a ranger under this Act, the ranger must, if requested to do so by a person affected by the exercise of any such function, produce the ranger’s identification card to the person.
s 32: Am 1999 No 85, Sch 1.26 [1]; 2006 No 2, Sch 4.67 [3] [4]; 2015 No 58, Sch 3.88 [6].
Part 6
Finance
Part 6 Finance
Part 6 Finance
33
Sydney Harbour Foreshore Fund
33 Sydney Harbour Foreshore Fund
33 Sydney Harbour Foreshore Fund
(1) There is to be established in the Special Deposits Account a Sydney Harbour Foreshore Fund (the Fund) into which is to be paid—
(a) all money advanced to Place Management NSW by the Treasurer or appropriated by Parliament for the purposes of Place Management NSW, and
(b) all money directed or authorised to be paid into the Fund by or under this or any other Act, and
(c) the proceeds of the investment of money in the Fund, and
(d) all money received by Place Management NSW from any other source.
(2) The Fund is to be applied for the purpose of enabling Place Management NSW to exercise its functions.
(3) All expenditure incurred by Place Management NSW is to be paid from the Fund.
34
Investment of money in Fund
34 Investment of money in Fund
34 Investment of money in Fund
Place Management NSW may invest money in the Sydney Harbour Foreshore Fund—
(a) if Place Management NSW is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that Place Management NSW is permitted to invest money under that Part, or
(b) if Place Management NSW is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way approved by the Minister with the concurrence of the Treasurer.
s 34: Subst 2018 No 70, Sch 3.48.
35
Administration of other funds
35 Administration of other funds
35 Administration of other funds
(1) Place Management NSW may administer a fund established for the provision of services within the foreshore area to which money is paid by persons who carry on business within the foreshore area.
(2) The Auditor-General is to audit any such fund, in the year it is established and in each year thereafter, as if the Minister had requested the Auditor-General to do so under section 45 of the Government Sector Audit Act 1983.
s 35: Am 2018 No 70, Sch 4.81[1].
Part 7
Miscellaneous
Part 7 Miscellaneous
Part 7 Miscellaneous
36
Appointment of advisory committees
36 Appointment of advisory committees
36 Appointment of advisory committees
(1) The Minister may, on the recommendation of the Board, appoint such advisory committees as the Minister considers appropriate.
(2) An advisory committee has such functions as the Minister may from time to time determine in respect of it.
(3) An advisory committee consists of such committee members appointed by the Minister as the Minister thinks fit.
(4) A committee member holds office for such period as is specified in the instrument of appointment of the committee member, but any such appointment may be terminated by the Minister at any time.
(5) One of the committee members, in and by the instrument by which the committee member is appointed, is to be appointed as chairperson of the committee.
(6) A committee member is entitled to be paid such fees and allowances (if any) as the Minister may determine in respect of the committee member.
(7) The office of a committee member is, for the purposes of any Act, taken not to be an office or place of profit under the Crown.
37
Disclosure of information
37 Disclosure of information
37 Disclosure of information
A person must not disclose any information obtained in connection with the administration or execution of this Act (or any other Act conferring or imposing functions on Place Management NSW) unless that disclosure is made—
(a) with the consent of the person from whom the information was obtained, or
(b) in connection with the administration or execution of this Act (or any such other Act), or
(c) for the purposes of any legal proceedings arising out of this Act (or any such other Act) or of any report of any such proceedings, or
(d) in accordance with a requirement imposed under the Ombudsman Act 1974, or
(e) with other lawful excuse.
Maximum penalty—20 penalty units or imprisonment for 6 months.
(1) If, through association with Place Management NSW, a person has knowledge of specific information relating to proposals made, or to be made, by Place Management NSW in respect of the acquisition, development or disposal of land and that information is not generally known but, if generally known, might reasonably be expected to affect materially the market price of that land, the person contravenes this subsection if the person—
(a) deals, directly or indirectly, in that or in any other land for the purpose of gaining an advantage for the person by the use of that information, or
(b) divulges that information for the purpose of enabling another person to gain an advantage by using that information to deal, directly or indirectly, in that or in any other land.
(2) If, through association with Place Management NSW, a person is in a position to influence proposals made, or to be made, by Place Management NSW in respect of the acquisition, development or disposal of land and does influence the proposals by securing the inclusion or alteration of any matter in, or the exclusion or omission of any matter from, the proposals, the person contravenes this subsection if—
(a) the person does so for the purpose of gaining an advantage for the person, or
(b) the person does so for the purpose of enabling another person to gain an advantage.
Maximum penalty—20 penalty units.
(3) If—
(a) a contravention of subsection (1) occurs and an advantage referred to in that subsection is gained from any dealing in land to which the contravention relates, or
(b) a contravention of subsection (2) occurs and an advantage referred to in that subsection is gained from any dealing in land to which the contravention relates, being an advantage which would not have been gained if the proposals concerned had not been influenced,
any person who gained that advantage is, whether or not any person has been prosecuted for or convicted of an offence in respect of a contravention of subsection (1) or (2), liable to another person for the amount of any loss incurred by that other person by reason of the gaining of that advantage.
(4) If a loss referred to in subsection (3) is incurred by reason of an advantage gained from a dealing in land, the amount of the loss is the difference between the price at which the dealing was effected and—
(a) in the case of any dealing to which subsection (1) relates, the price that, in the opinion of the court before which it is sought to recover the amount of the loss, would have been the market price of the land at the time of the dealing if the specific information used to gain that advantage had been generally known at that time, or
(b) in any case to which subsection (2) relates, the price that, in the opinion of the court before which it is sought to recover the amount of the loss, would have been the market price of the land at the time of the dealing if the proposals concerned had not been influenced.
(5) An action to recover a loss referred to in subsection (3) may not be brought more than 5 years after the dealing in land in relation to which the loss was incurred.
(6) For the purposes of this section, a person is associated with Place Management NSW—
(a) if the person is a member of the Board, or a member of staff of Place Management NSW, or a person of whose services Place Management NSW makes use, or who is otherwise appointed, employed or engaged, pursuant to this Act, or
(b) if the person is a committee member of an advisory committee, or
(c) if the person is an employee of the Department within the meaning of the Environmental Planning and Assessment Act 1979 or a person who is a member of a committee or subcommittee established by or under that Act, or
(d) if the person is an officer or an employee of a council, or
(e) if the person acts or has acted as banker, Australian legal practitioner, auditor or professional adviser or in any other capacity for Place Management NSW, the Minister, the Department of Planning and Environment or a council, or
(f) where the person, so associated by virtue of paragraph (e), is a corporation, if the person is a director, manager or secretary of the corporation.
s 38: Am 2001 No 56, Sch 2.42; 2006 No 58, Sch 3.14; 2015 No 58, Sch 3.88 [7] [8].
39
Personal liability
39 Personal liability
39 Personal liability
A matter or thing done or omitted to be done by Place Management NSW, the Board or a member of the Board, the Chief Executive Officer or a person acting under the direction of Place Management NSW, the Board or the Chief Executive Officer does not, if the matter or thing was done or omitted in good faith for the purpose of executing this or any other Act, subject the member of the Board, the Chief Executive Officer or the person so acting personally to any action, liability, claim or demand.
40
Financial year
40 Financial year
40 Financial year
(1) The financial year of Place Management NSW is the year commencing on 1 July.
(2) However, the financial year of Place Management NSW is to be the annual reporting period (if any) for Place Management NSW if the Treasurer has made a determination under section 2.10 of the Government Sector Finance Act 2018 for that period to be different from the period referred to in subsection (1).
s 40: Am 2018 No 70, Sch 4.81[2].
41
Seal of Place Management NSW
41 Seal of Place Management NSW
41 Seal of Place Management NSW
The seal of Place Management NSW is to be kept by the Chief Executive Officer, or by a member of the staff of Place Management NSW authorised in that behalf by the Chief Executive Officer, and may be fixed to a document only—
(a) in the presence of the Chief Executive Officer or that member of the staff, and
(b) with an attestation by the signature of the Chief Executive Officer or that member of staff of the fact of the fixing of the seal.
42
Recovery of money
42 Recovery of money
42 Recovery of money
Any charge, fee or money due or payable to Place Management NSW may be recovered as a debt.
43
Act to bind Crown
43 Act to bind Crown
43 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
43A
Penalty notices
43A Penalty notices
43A Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.
(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note—
The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.
(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).
(5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
(6) In this section, authorised officer means a person authorised in writing by Place Management NSW as an authorised officer for the purposes of this section.
s 43A: Ins 1999 No 85, Sch 1.26 [2]. Subst 2017 No 22, Sch 3.54.
44
Proceedings for offences
44 Proceedings for offences
44 Proceedings for offences
Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Local Court.
s 44: Am 2007 No 94, Sch 4.
45
Amendment of Schedule 1
45 Amendment of Schedule 1
45 Amendment of Schedule 1
(1) The regulations may amend Schedule 1—
(a) by omitting any matter, or
(b) by inserting any matter, or
(c) by altering any matter.
(2) The regulations may omit Schedule 1 and insert instead a Schedule that specifies or describes land on or in the vicinity of the foreshores of Sydney Harbour.
46
Regulations
46 Regulations
46 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) In particular, regulations may be made for or with respect to the following—
(a) the functions of Place Management NSW and any member of staff of Place Management NSW, including rangers,
(b) the fees and charges that may be imposed for the purposes of this Act,
(c) the procedures of advisory committees,
(d) regulating the use by the public of core land, non-core land, managed land or the public domain,
(e) regulating the use of facilities of Place Management NSW and the provision of services by Place Management NSW,
(f) requiring the payment of fares or other charges for the use of any facility operated or service provided by Place Management NSW,
(g) authorising a person granted a lease, licence or other authority by Place Management NSW to require the payment of fares or other charges for the use of any facility operated or service provided under the lease, licence or other authority,
(h) ensuring the proper conduct and safety of persons on core land, non-core land, managed land or the public domain or while using any facility or service referred to in paragraph (e) or (f),
(i) providing for the removal of trespassers and persons causing nuisance or annoyance to others while in the foreshore area,
(j) conferring on Place Management NSW any function that may be exercised by a council in relation to a public place.
(3) The regulations may create an offence punishable by a maximum penalty of 50 penalty units.
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
Schedule 1
Foreshore area
Schedule 1 Foreshore area
Schedule 1 Foreshore area
(Section 5)
The area bounded by a heavy black line drawn on the map marked “Sydney Harbour Foreshore Authority—Foreshore Area—Amendment No 5”, dated 26 February 2009, copies of which are deposited in the offices of Place Management NSW.
sch 1: Subst GG No 124 of 29.10.1999, p 10300. Am GG No 169A of 22.12.2000, p 13925; GG No 46 of 19.2.2002, p 893; 2004 No 107, Sch 3.5. Subst 2005 (367), Sch 1. Am 2009 No 2, Sch 4.4.
Schedule 2
Constitution and procedure of Board
Schedule 2 Constitution and procedure of Board
Schedule 2 Constitution and procedure of Board
(Section 29 (6))
sch 2: Am 2015 No 58, Sch 3.88 [9].
Schedule 3
Schedule 3
Schedules 3, 4 (Repealed)
sch 3: Rep 2003 No 82, Sch 3.
sch 4: Rep 2003 No 82, Sch 3.
Schedule 5
Savings, transitional and other provisions
Schedule 5 Savings, transitional and other provisions
Schedule 5 Savings, transitional and other provisions
(Section 52)
sch 5: Am 2007 No 82, Sch 4.22; 2016 No 55, Sch 1.31 [6] [7].
Part 1A
Effect of repeal of Act
Part 1A Effect of repeal of Act
Part 1A Effect of repeal of Act
1A
Repeal of Act does not affect operation of savings, transitional and other provisions
1A Repeal of Act does not affect operation of savings, transitional and other provisions
1A Repeal of Act does not affect operation of savings, transitional and other provisions
(1) This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2).
(2) A day appointed under this section with respect to the commencement of sections 49 and 51, Schedule 4 and clauses 7, 8 and 9 of Schedule 5 must not be a day occurring before 1 January 2001.
3 Definitions
3 Definitions
3 Definitions
In this Act—
Board means the Board, established by this Act, of Place Management NSW.
Chief Executive Officer means the person employed in the Public Service as the Chief Executive Officer of Place Management NSW.
core land—see section 6.
council has the same meaning as in the Local Government Act 1993.
development has the same meaning as in the Environmental Planning and Assessment Act 1979.
exercise a function includes perform a duty.
foreshore area—see section 5.
function includes a power, authority or duty.
managed land—see section 8.
non-core land—see section 7.
Place Management NSW means Place Management NSW constituted by this Act.
the public domain—see section 9.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
s 3: Am 2015 No 58, Sch 3.88 [1]; 2016 No 55, Sch 1.31 [2].
4 Notes
4 Notes
4 Notes
Notes included in this Act do not form part of this Act.
Part 2 Classification of land for the purposes of this Act
Part 2 Classification of land for the purposes of this Act
Part 2 Classification of land for the purposes of this Act
Establishes administrative tools: a public land register to be maintained and open for inspection (s 13); delegation and sub-delegation powers (s 27); appointment and identification of rangers with powers prescribed by regulation and an ID card scheme (s 32); power to regulate public use of Place Management NSW land and facilities, including the power to charge fares and fees and create offences by regulation (s 46; s 23).
Creates offence and enforcement frameworks: confidentiality and misuse provisions with criminal penalties (ss 37-38), a penalty notice regime (s 43A), ability to recover debt for fees and charges (s 42) and summary proceedings in the Local Court for offences under the Act or regulations (s 44).
Provides for savings, transfer and vesting on dissolution of predecessor bodies, including transfer of assets, liabilities, staff and rights to the new authority and specific transitional provisions in Schedule 5 (Sch 5, including cl 13-16). The Act also repeals predecessor legislation (ss 48-49).
Requires a statutory review of the Act within five years of assent (s 53).
In short, the Act creates a Crown statutory authority with land management, development and public-domain management functions within a defined foreshore area; it centralises governance under a Ministerially controlled Board; it confines disposal of core land and subjects non-core disposals to Ministerial approval; and it creates funding, regulatory and enforcement mechanisms to operate and police activities in that area (see ss 5-6, 12, 19-21, 33-35, 46).
Main concepts
The Act organises its legal architecture around a small number of interlocking concepts that determine powers, limits and administrative processes.
Place Management NSW: the statutory corporation established by s 10 and described as a statutory body representing the Crown (s 11). The Minister retains control and direction over the authority (s 28), while the Board and Chief Executive Officer handle governance and day-to-day management (ss 29-30). The Board is largely Ministerially appointed (s 29(2)-(3)); Schedule 2 sets terms, removal grounds and pecuniary interest rules (Sch 2 cl 2-9).
Foreshore area and land classes: the foreshore area is defined by Schedule 1 (s 5). Within it, the Act distinguishes core land (vested in Place Management NSW and subject to strict inalienability, s 6; disposal constraints at s 19), non-core land (vested in Place Management NSW but capable of being sold or dealt with with Ministerial consent, s 7; disposal rules at s 20) and managed land (land not vested in Place Management NSW but managed under agreement with owners, s 8). The public domain means public places within the foreshore area vested in or managed by Place Management NSW (s 9).
Functions and limitations: s 12 sets broad policy-type functions: protection and enhancement of natural and cultural heritage; promotion and securement of orderly and economic development and use; provision of infrastructure; and organising cultural, commercial, tourist, recreational and transport activities. The authority may exercise functions beyond the foreshore area (s 16) and must take into account principles of ecologically sustainable development where relevant (s 15).
Acquisition and transfers: acquisition powers include voluntary agreement and compulsory acquisition under the Land Acquisition (Just Terms Compensation) Act 1991 (s 17). The Act also gives processes for managing land owned by other public authorities, on terms agreed between Ministers, and exempts certain transfers from transfer duty (s 18).
Funding and financial management: the Sydney Harbour Foreshore Fund is established, into which Parliamentary appropriation, Treasurer advances and other authorised receipts must be paid, and from which all expenditure of Place Management NSW is to be met (s 33). Investment rules depend on GSF agency status under the Government Sector Finance Act 2018 (s 34). Place Management NSW can administer funds derived from contributions by businesses operating in the foreshore area, with audit oversight by the Auditor-General (s 35).
Regulatory and enforcement tools: regulations may be made broadly to regulate public use, fees and charges, conduct and safety on Place Management NSW land, and may create offences with penalties up to 50 penalty units (s 46). Confidentiality and insider-use provisions are enforced by criminal penalty and civil liability provisions (ss 37-38). Penalty notices may be issued (s 43A) and proceedings are dealt with summarily in the Local Court (s 44).
Transitional vesting: Schedule 5 details vesting of assets, transfer of staff, and other transitional arrangements arising from the repeal and consolidation of predecessor authorities, and contains the specific vesting clause for particular identified land (Sch 5 cl 13-14).
These concepts create a structure where statutory classification of land drives permissible commercial and regulatory activity, the Board and CEO operate under Ministerial control, finance is centrally handled through a special fund, and regulatory powers and penalties are chiefly exercised via regulations and authorised officers.
Who it affects
This Act creates direct and indirect legal effects on multiple categories of persons and entities. The statutory text identifies the following groups and the ways they are affected.
The Crown and State agencies: Place Management NSW is a statutory body representing the Crown (s 11) and the Act binds the Crown (s 43). Public authorities that own land within the foreshore area may be required to transfer land or management of land to Place Management NSW where the Minister for that public authority agrees the land is not being used for the public authority’s core activities; such transfers are subject to terms agreed between Ministers (s 18).
Place Management NSW personnel: the Chief Executive Officer and Board members are central to decision making (ss 29-30). Appointed Board members are part-time and may be remunerated (Sch 2 cl 2-4). Staff may be employed in the Public Service under the Government Sector Employment Act 2013 to enable Place Management NSW to exercise its functions (s 31). Rangers appointed under the Act have powers as prescribed by regulations and must carry ID (s 32).
Local councils and roads authorities: Place Management NSW is a roads authority for public roads vested in it (s 22(3)). For pay-parking functions, Place Management NSW has the same functions as a council and other bodies under the pay parking regulations (s 23). The regulations may also confer on Place Management NSW any function that may be exercised by a council in relation to a public place (s 46(2)(j)).
Businesses operating in the foreshore area: Place Management NSW may administer funds to which monies are paid by persons who carry on business within the foreshore area (s 35). The regulations may authorise persons granted leases or licences by Place Management NSW to require payment of fares or other charges for facility use (s 46(2)(g)). Place Management NSW may require payment of fees and charges as provided by regulations (s 46(2)(b); s 33(1)(d) contemplates receipts from other sources).
Owners and occupiers of land within the foreshore area: owners of land managed by agreement are affected because Place Management NSW will manage managed land in accordance with the agreement (s 12(2)(c); s 8). Owners of non-core land vested in Place Management NSW will be affected if the Minister permits disposal by Place Management NSW (s 20). Core land is largely inalienable, except in limited cases with Ministerial consent (s 19).
Members of the public and visitors to the foreshore: the public domain is expressly within the authority’s remit (s 9) and Place Management NSW may regulate public use, ensure conduct and safety, remove trespassers and persons causing nuisance, and create offences by regulation (s 46(2)(d), (h), (i)). Pay-parking functions are explicitly included (s 23).
Professionals associated with Place Management NSW: persons who act as banker, legal practitioner, auditor or professional adviser for Place Management NSW are “associated” for purposes of the insider-use and influence provisions (s 38(6)(e)). The Act restricts disclosure of information obtained in connection with administration of the Act and creates penalties for unauthorised disclosure (s 37).
Predecessor authority staff and stakeholders: the Schedule 5 transitional provisions transfer assets, rights and liabilities of former authorities to the new authority (Sch 5 cl 13). Specific staff transfer rules are set out, including provisions that employees of dissolved authorities may be transferred to Public Service positions in the new Authority (Sch 5 cl 4, 6, 9). The Act repeals predecessor Acts and associated instruments (ss 48-49).
Who pays. The Act specifies funding sources and who ultimately bears costs. Place Management NSW’s operations are paid from the Sydney Harbour Foreshore Fund into which Parliament may appropriate funds, the Treasurer may advance funds and other authorised receipts are paid (s 33). The regulations may prescribe fees, fees charged to users and charges that may be imposed on lessees and licensees (s 46(2)(b), (f), (g)). Businesses operating in the foreshore may be required to contribute to administered funds (s 35). Penalties imposed under the Act or regulations, including penalty notices (s 43A), transfer money to the State and are recoverable as debts when payable to Place Management NSW (s 42).
Who decides. Ministerial power is central. Ministerial consent is required for most disposals of core and non-core land (ss 19-20). The Minister appoints Board members, sets remuneration and may remove appointed members (s 29; Sch 2 cl 4-7). The Minister controls and directs Place Management NSW in exercising its functions (s 28) and may appoint advisory committees on the Board’s recommendation (s 36). Regulations, promulgated by the Governor, fill in many operational details, including offences and authorised officer powers (s 46).
Key duties and rights
The Act imposes express duties, confers powers and recognises rights. For practitioners these are the primary operational rules.
Duties and obligations of Place Management NSW
General statutory functions: Place Management NSW must perform the functions set out in s 12, including protecting and enhancing the foreshore area’s natural and cultural heritage and promoting orderly and economic development and operation of activities and facilities (s 12(1)-(2)).
Consideration of ESD principles: when exercising functions, Place Management NSW must take into consideration the principles of ecologically sustainable development where relevant (s 15).
Land register: Place Management NSW must establish and maintain a register of all land vested in or managed by it, including the land’s classification, within 12 months of commencement of that section, and the register must be open for public inspection without cost during ordinary office hours (s 13(1)-(4)).
Management duties under agreements: in respect of managed land, Place Management NSW must manage the land in accordance with the terms of the agreement with the owner or occupier (s 12(2)(c); s 8).
Financial stewardship: Place Management NSW must apply the Sydney Harbour Foreshore Fund to enable it to exercise its functions, and all expenditure is to be paid from the Fund (s 33(2)-(3)). Investment of the Fund is subject to the Government Sector Finance Act 2018 regime or Minister and Treasurer approval depending on status (s 34).
Administration of other funds: where Place Management NSW administers funds paid by persons who carry on business in the foreshore area, the Auditor-General audits those funds as if requested under the Government Sector Audit Act 1983 (s 35).
Delegation duties: Place Management NSW may delegate functions to authorised persons but must observe the limits in s 27, including sub-delegation controls (s 27).
Rights and powers
Acquisition rights: Place Management NSW may acquire land by agreement or compulsory acquisition in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 (s 17).
Disposal powers: Place Management NSW may deal with non-core land with Ministerial consent (s 20). Core land is generally not for sale but the authority may mortgage, grant charges, exchange for adjacent foreshore land, consent to transfer of certain roads, lease or grant licences and grant easements with Ministerial consent, subject to limits on lease terms (ss 19(1)-(5)).
Roads authority status: Place Management NSW is a roads authority for public roads vested in it (s 22(3)). Consent of Place Management NSW is required before the Crown, a public authority or any person provides, opens, dedicates, closes or realigns a road that is core, non-core or managed land (s 22(1)).
Regulation and enforcement: the Governor may make regulations covering a broad list of matters including fees and charges, regulation of public use, conduct and safety, removal of trespassers, and conferring council-like functions. Regulations may create offences up to 50 penalty units (s 46).
Recovery and civil remedies: charges and fees payable to Place Management NSW may be recovered as a debt (s 42). The Act also creates civil liability for persons who gain an advantage from misuse of insider information or influence (s 38(3)-(5)) and provides a five-year limitation for recovery actions (s 38(5)).
Confidentiality protections: the Act imposes an obligation not to disclose information obtained in connection with administration of the Act except in defined circumstances and links an express criminal penalty (s 37).
Rights of third parties and limits
Public inspection: the land register must be open for public inspection without cost (s 13(4)).
Ministerial consents: third parties whose interests are affected by disposals, leases and licences must take account of Ministerial consent requirements embedded in ss 19-20. Transfers effected under Schedule 5 are not subject to transfer duty (Sch 5 cl 15).
Transitional protection: on dissolution of predecessor authorities, assets, rights and liabilities vest in the new Authority without need for further conveyance, and no compensation is payable for the transfer (Sch 5 cl 13(1)-(5)).
Practitioners should note the interaction between duties to maintain public registers and confidentiality/insider-use offences. The Act requires openness in some respects (s 13) while strictly limiting disclosure in others (s 37), and it imposes civil and criminal consequences for misuse of inside information (s 38). Lease term thresholds determine whether Ministerial consent is required (five years aggregate limit in ss 19(4) and 20(2)). Ministerial control over the authority and its powers to make regulations create a centralised decision point for many rights and duties.
Penalties and enforcement
The Act provides criminal penalties, civil remedies, administrative enforcement mechanisms and procedures for dealing with offences. The measures are expressed in specific sections.
Criminal penalties
Confidentiality offences: a person must not disclose information obtained in connection with administration or execution of the Act except in enumerated circumstances. A contravention attracts a maximum penalty of 20 penalty units or imprisonment for six months (s 37).
Misuse of information and improper influence: the Act makes it an offence for persons associated with Place Management NSW to trade or facilitate trading in land using non-public information that could materially affect market price, with a maximum penalty of 20 penalty units (s 38(1)). It is also an offence to influence proposals for the purpose of gaining an advantage (s 38(2)), penalty 20 penalty units.
Regulations may create offences up to 50 penalty units: the Governor may make regulations and those regulations may create offences punishable by a maximum of 50 penalty units (s 46(3)).
Administrative enforcement and summary processes
Penalty notices: authorised officers may issue penalty notices for penalty notice offences prescribed by regulation (s 43A). The Fines Act 1996 applies to penalty notices (s 43A(3)). The regulations prescribe amounts for penalty notices, not exceeding the maximum a court could impose (s 43A(4)).
Proceedings in Local Court: proceedings for an offence against the Act or regulations are to be dealt with summarily before the Local Court (s 44).
Authorised officers: s 43A defines an authorised officer as a person authorised in writing by Place Management NSW. Regulations will also specify ranger functions and other authorised roles (s 32(2); s 46).
Civil remedies and liability
Recovery of money: any charge, fee or money due or payable to Place Management NSW may be recovered as a debt (s 42). This is an administrative enforcement tool for financial obligations.
Civil liability for misuse: where an advantage is gained from misuse of information or influence, any person who gained that advantage is liable to another person for loss incurred by reason of the advantage, whether or not criminal proceedings have occurred (s 38(3)). Loss is measured as the difference between the price paid and the market price that would have been if the information had been public or the proposals had not been influenced, as determined by the court (s 38(4)). Actions for recovery must be commenced within five years (s 38(5)).
Powers to remove persons and regulate conduct
The regulations may provide for removal of trespassers and persons causing nuisance or annoyance while in the foreshore area (s 46(2)(i)). Place Management NSW may also confer functions on rangers and must provide rangers with identification cards (s 32).
The regulations may include provisions to ensure proper conduct and safety and to regulate use of Place Management NSW facilities and services (s 46(2)(h), (e), (f)).
Enforcement structures and standards
Audit: funds administered for businesses operating within the foreshore area are to be audited by the Auditor-General in the year established and annually thereafter (s 35).
Public inspection and transparency: the land register must be open for public inspection without cost (s 13(4)), while Schedule 2 requires registers of pecuniary interest disclosures to be open for inspection on payment of a fee set by the Board (Sch 2 cl 8(3)).
Practical enforcement consequences: offences under ss 37-38 attract pecuniary penalties and in s 37 an imprisonment option. Regulations may compound enforcement by creating further offences and a penalty notice regime provides an administrative alternative to court processes. Civil liability under s 38 operates in parallel to criminal sanctions and gives aggrieved parties a private route to recover losses caused by insider misuse or undue influence.
How it interacts with other laws
The Act explicitly cross-references, preserves, or modifies the operation of several other statutory regimes and contains transitional rules for predecessor legislation. The text sets out particular points of interaction.
Direct cross-references and dependent regimes
Local Government Act 1993: definitions and references, including “council” and “public places”, are imported from that Act (s 3; ss 9, 23). The Act requires Place Management NSW to have the same functions as councils under the pay parking regulations (s 23).
Environmental Planning and Assessment Act 1979: “development” has the same meaning as in that Act (s 3). The Act also requires consideration of principles of ecologically sustainable development within the meaning of the Local Government Act 1993 (s 15).
Land Acquisition (Just Terms Compensation) Act 1991: compulsory acquisitions by Place Management NSW are to be in accordance with that Act (s 17(1)).
Public Works and Procurement Act 1912: acquisitions under this Act are treated as authorised works under that Act and Place Management NSW is taken to be the Constructing Authority for such works; certain sections of that Act do not apply to works constructed under this Act (s 17(2)-(3)).
Roads Act 1993: provisions on roads interplay with Place Management NSW’s consent to works affecting roads in the foreshore area (s 21(2); s 22). Place Management NSW is a roads authority for public roads vested in it (s 22(3)).
Duties Act 1997: transfers effected under agreements with public authorities and voluntary transfers to Place Management NSW are not chargeable to duty; likewise certain gifts or bequests are exempt (s 18(3); ss 24(3), 25(1)-(3); Sch 5 cl 15).
Government Sector Finance Act 2018: the investment regime for the Fund depends on whether Place Management NSW is a GSF agency and if not, investments require Minister and Treasurer approval (s 34).
Fines Act 1996: applies to penalty notices issued under s 43A (s 43A(3)).
Crimes (Sentencing Procedure) Act 1999: penalty unit value is prescribed by s 17 of that Act; the Act cites this for penalty calculations in ss 37-38 and s 46.
Government Sector Employment Act 2013 and Constitution Act 1902: staff employment is subject to the Government Sector Employment Act; the Act notes section 47A of the Constitution Act 1902 precludes Place Management NSW from employing staff and references s 59 of the Government Sector Employment Act for staff terminology (s 31 note).
Transitional and repeals
Repeal and transfer: the Act repeals the Sydney Cove Redevelopment Authority Act 1968 and the Darling Harbour Authority Act 1984 and associated instruments (ss 48-49). Schedule 5 contains detailed savings, transfer and vesting provisions for assets, rights, liabilities and staff. Clause 13 of Schedule 5 vests assets and rights of former authorities in the new Authority (Sch 5 cl 13).
Transfer of titles and registrations: Schedule 5 includes rules for Registrar-General actions and restrictions on registration unless the new Authority consents or recording modifications are made (Sch 5 cl 16). Transfers effected under Schedule 5 are exempt from duties under the Duties Act 1997 (Sch 5 cl 15).
Limits and non-application
Councils excluded from “public authority” definition for transfers: s 18(5) defines “public authority” to include State owned corporations and Transport for NSW but expressly excludes councils.
Non-application of certain Public Works and Procurement Act sections: s 17(3) disapplies ss 34-37 of that Act to works under this Act.
Regulatory dependencies and delegated powers
The Act leaves significant matters to regulation. The Governor may make regulations for many operational items including fees and charges, fees that lessees may charge, the conduct and safety of persons on Place Management NSW land, and the removal of trespassers (s 46). The Act’s enforcement contours therefore depend heavily on subordinate regulation.
Appointment, employment and delegation of staff are tied to Public Service employment statutes and to Schedule 5 transitional orders where predecessor staff are transferred (s 31; Sch 5 cl 4-12).
Overall, the Act integrates with an established network of statutory regimes affecting land acquisition and registration, roads, local government functions, financial stewardship and public sector employment. It creates both exemptions and dependencies: for example, it exempts certain transfers from duty (s 18(3); Sch 5 cl 15) while depending on other Acts for acquisition procedure and investment rules (s 17; s 34). Many operational details are delegated to the regulations, increasing the Act’s reliance on subordinate instruments to implement its policy.
Amendment history
The text contains in-line amendment notations and several repeals and substitutions. The Act as provided records specific amendments and repeals; the following summarises the amendment signals visible within the text itself.
Name change: the substitution of s 10 in 2016 effected a change of the authority’s corporate name to Place Management NSW (s 10; Sch 5 Pt 3 cl 19 records the change of name from Sydney Harbour Foreshore Authority to Place Management NSW).
Various amendments to definitions and formatting: s 3 shows amendments in 2015 and 2016 (s 3: Am 2015 No 58, Sch 3.88; 2016 No 55, Sch 1.31).
Functions and structure: s 12 has amendments recorded in 2006 and 2015 altering or updating functions (s 12: Am 2006 No 2, Sch 4.67; 2015 No 58, Sch 3.88).
Board composition and governance: s 29 and Schedule 2 show amendments in 2015 to the Board constitution and procedure (s 29: Am 2015 No 58, Sch 3.88; Sch 2: Am 2015 No 58, Sch 3.88).
Finances and investment: s 34 was substituted in 2018 to align investments with the Government Sector Finance Act 2018 (s 34: Subst 2018 No 70, Sch 3.48).
Acquisition provisions: s 17 was amended in 2017 to add or clarify acquisition and Public Works and Procurement Act interactions (s 17: Am 2017 No 22, Sch 2.33).
Rangers and penalty notices: s 32 and s 43A show legislative insertions and substitutions dated 1999, 2006, 2015 and 2017 for ranger provisions and penalty notice frameworks (s 32: Am 1999 No 85, Sch 1.26; 2006 No 2, Sch 4.67; 2015 No 58, Sch 3.88; s 43A: Ins 1999 No 85, Sch 1.26; Subst 2017 No 22, Sch 3.54).
Repeals: the Act repealed predecessor Acts including the Sydney Cove Redevelopment Authority Act 1968 (s 48) and the Darling Harbour Authority Act 1984 and associated instruments (s 49). Several sections and schedules were repealed by later amending Acts (e.g., ss 50-51 and Schedules 3-4 have repeal notes).
Transitional arrangements: Schedule 5 has been amended over time, with citations to 2007 and 2016 amendments (Sch 5: Am 2007 No 82, Sch 4.22; 2016 No 55, Sch 1.31).
The in-text amendment annotations provide a record of discrete changes but do not set out the content of amending Acts in full. The Act itself documents repeated updates to governance, financial and operational provisions to align with overarching public sector financial and employment legislation and to reflect the change of corporate name.
Litigation history
The statutory text supplied contains no judicial decisions or case references. The Act itself does not name or reproduce any litigation or judicial interpretation. Where the Act creates causes of action, such as private liability under s 38(3)-(5), it leaves procedural and substantive application to courts, but the instrument supplied contains no reported cases, decisions or commentary. Practitioners seeking litigation history must look beyond the Act text to case law databases and court records for decisions interpreting the in-force provisions, in particular provisions governing insider misuse (s 38), Ministerial consents for disposals (ss 19-20), and interpretation of the scope of functions in s 12.
Two embedded procedural notes in the Act are relevant to litigation and administrative review.
The Act mandates that offences under the Act and regulations are to be dealt with summarily in the Local Court (s 44). That channel will affect where litigation under the Act is heard.
Schedule 5 cl 13(3) states that proceedings relating to assets, rights or liabilities pending against former authorities are taken to be proceedings pending by or against the new Authority; this provision preserves continuation of litigation after transfer. The Schedule says nothing about outcomes of specific cases.
Because the Act provides for civil recovery in relation to misuse of information (s 38(3)-(5)) and for regulatory offences created by regulation, litigation under the Act is possible and contemplated, but the Act text itself records no particular litigation history.
Gotchas
This Act contains numerous operational traps for the unwary; the following items draw directly on textually specified mechanisms and thresholds.
Land classification is dispositive of disposal powers. Whether land is core, non-core or managed determines whether Place Management NSW may sell, mortgage, lease or otherwise deal with it and whether Ministerial consent is required. Core land is inalienable except by surrender to the Crown or in the limited circumstances in s 19. Non-core disposals require Ministerial consent (s 19; s 20). Practitioners must identify the applicable classification in the land register (s 13) before advising on transfer options.
Aggregate lease term thresholds. Leases or licences with terms that, together with options, exceed five years require Ministerial consent (s 19(4); s 20(2)). Counting aggregate terms and options is essential; the Act prevents avoiding consent by structuring multiple consecutive leases if the total exceeds five years.
Ministerial discretion centralises key decisions. Ministerial consent is required for most dealings with core and non-core land (ss 19-20). The Minister also appoints and may remove Board members and advisory committee members (s 29; s 36; Sch 2 cl 5-7). Expect uncertainty and potential delay where Ministerial discretion is required.
Dual openness and secrecy obligations. The Act requires a publicly inspectable land register (s 13(4)) and yet imposes strict non-disclosure rules for information obtained in connection with administering the Act and insider-use prohibitions (ss 37-38). Practitioners advising clients or acting as advisers to the authority must navigate these competing duties and ensure authorised disclosures are documented.
Heavy delegation to regulation. Many operational details are left to the Governor by regulation (s 46). The regulatory regime can create offences (s 46(3)), prescribe fees (s 46(2)(b)) and confer ranger powers (s 32(2)). This means legal effect and enforcement shape can change materially when regulations are made or amended.
Offence top-ups and penalty notices. Regulations may create offences punishable by up to 50 penalty units (s 46(3)), while s 37 includes an imprisonment option for disclosure breaches. Additionally, the penalty notice scheme under s 43A provides an administrative enforcement alternative. Practitioners must check the current regulations for prescribed penalty notice offences and amounts.
Insider-use civil exposure. s 38(3) exposes a person who gains an advantage from misuse of non-public Place Management NSW information to civil liability for losses suffered by others, regardless of criminal proceedings. Loss is to be assessed by reference to a hypothetical market price (s 38(4)). Calculating and litigating such damages can be factually complex and requires forensic valuation evidence.
Transition and vesting without compensation. Schedule 5 transfers assets and liabilities from predecessor authorities to the new Authority without the need for further conveyance and without compensation to third parties (Sch 5 cl 13(1), (3)-(5)). Contracts and leases previously made with former authorities continue against the new Authority but no compensation is payable for the transfer (Sch 5 cl 13(1)(c); (5)). Practitioners dealing with pre-existing contractual relationships should confirm how those instruments are recorded and whether the new Authority’s consent or recording is required under the Real Property Act mechanisms in Sch 5 cl 16.
Roads consent overlay. A road that is core, non-core or managed land cannot be opened, dedicated, closed or realigned by the Crown, a public authority or any person without the consent of Place Management NSW (s 22(1)). The Roads and Traffic Authority is excepted in one transitional situation (Sch 5 cl 18). Developers and infrastructure planners must account for Place Management NSW consent in road-related works in the foreshore area.
Ranger powers are regulatory. The scope of ranger powers is not in the principal Act but in regulations (s 32(2)). Identification card formalities are specified (s 32(3)-(5)). Enforcement powers exercised by rangers will depend on delegated regulation; verify the regulation before advising on enforcement actions.
Fees for inspection of pecuniary interest disclosures. Schedule 2 requires particulars of disclosures to be recorded in a book and makes that book open for inspection on payment of a fee determined by the Board (Sch 2 cl 8(3)). While the land register is to be open without cost, certain disclosure records can be fee-linked.
These “gotchas” flow from statutory thresholds, delegated rule-making, and a mix of public-access and secrecy obligations embedded in the Act. Practitioners should map land status, Ministerial consent points, regulatory instruments in force, and the content of the land register before advising clients or undertaking transactions.
How to comply
Compliance under this Act implies operational, procedural and documentation tasks mapped to the statutory requirements. The following is a practical compliance checklist grounded to specific sections.
Determine land classification and consult the register
Before any transaction or advice, inspect the Place Management NSW land register required by s 13. The register must identify whether the land is core, non-core or managed (s 13(1)-(2); ss 6-8). The register is open for public inspection without cost during ordinary office hours (s 13(4)).
Ministerial consent checks
For disposals, mortgages, charges, exchanges or grants of easements over core land, ensure Ministerial consent is obtained where required (s 19(2)-(3)). For non-core land dispositions, seek Ministerial consent and confirm any conditions (s 20(1)).
For leases and licences, calculate the aggregate term including options. If the cumulative term exceeds five years, obtain Ministerial consent (s 19(4); s 20(2)). Document the calculation and option aggregation.
Register and record-keeping
Maintain contemporaneous records of all land management agreements, leases and licences, and ensure the registered particulars align with the land register and with any Gazettal notifications (s 21).
Record all disclosures of pecuniary interests at Board and committee meetings in the book required by Sch 2 cl 8. Ensure that entries are accurate for possible public inspection subject to the Board’s fee (Sch 2 cl 8(3)).
Confidentiality and insider-use protocols
Implement policies to ensure compliance with s 37 (non-disclosure except in narrow circumstances) and s 38 (prohibition on using or divulging material non-public information). Log access to sensitive documents, issue confidentiality notices, and train staff and external advisers on the criminal and civil risks. Maintain auditable access logs for documents that could affect land prices.
Ranger and authorised officer arrangements
If relying on rangers for enforcement, ensure the regulations authorising ranger functions are in force and that rangers are appointed in writing and issued with identification cards meeting the statutory requirements (s 32(1)-(5)). Verify the scope of powers in the regulations before delegating enforcement.
Fees, fares and fund administration
If Place Management NSW or lessees will charge fees, fares or other charges, verify that regulations permit those charges and determine applicable rates and accounting procedures (s 46(2)(b), (f), (g)). Ensure all receipts are handled through the Sydney Harbour Foreshore Fund (s 33(1)-(3)).
For funds administered for business contributions, set up transparent accounting and be ready for Auditor-General audit in the year of establishment and annually thereafter (s 35).
Acquisition and compulsory process compliance
When acquiring land, follow the Land Acquisition (Just Terms Compensation) Act 1991 for compulsory acquisitions (s 17(1)). For voluntary transfers from public authorities, ensure the Minister for the public authority has agreed and that any terms between Ministers are documented (s 18(1)-(2)). Where transfers are duty-exempt, maintain documentation supporting the exemption (s 18(3); Sch 5 cl 15).
Road and infrastructure planning
Secure Place Management NSW consent for provision, opening, dedication, closure or realignment of roads on core, non-core or managed land (s 22(1)). For roads in course of construction begun before commencement of Schedule 5 cl 18, verify exceptions.
Regulatory compliance and monitoring
Regularly review the regulations made under s 46 to identify any new offences, authorised powers, or fee-making instruments. Ensure the authority’s practices and third-party lessees comply with any conduct and safety rules, trespass removal provisions and pay-parking rules (s 46(2)(d), (h), (i); s 23).
Governance, appointments and conflicts
For Board members and advisory committees, document appointments, terms and any removals per Sch 2 cl 2-7 and s 36. Implement procedures for disclosure of pecuniary interests and for exclusion from deliberations as per Sch 2 cl 8(1)-(5). Ensure that appointment instrument terms are observed and that the Board maintains quorums and minutes consistent with Sch 2 cl 10-14.
Debt recovery and penalty processes
For charges and fees due to Place Management NSW, implement debt recovery processes consistent with s 42. For alleged regulatory breaches, ensure authorised officers are properly empowered in writing for penalty notices under s 43A and that processes for Fines Act 1996 compliance are in place.
Transitional and historical diligence
For dealings originating from predecessor authorities, confirm vesting, continuity of contracts and whether any recording under the Real Property Act was required or remains in force under Schedule 5 cl 16. Document any consents spoken to in Sch 5 clauses and ensure transfer duty exemption documentation is retained.
Periodic statutory review compliance
Be aware of the statutory review requirement. The Minister must review the Act within five years of assent and table a report within 12 months thereafter (s 53). Prepare to provide data and materials if requested.
These steps map statutory obligations in the Act to concrete corporate governance, accounting, record-keeping, regulatory monitoring and transaction-diligence actions. Because many operational elements are regulated, ensure a standing process to capture and implement regulatory changes and Ministerial directions under ss 28 and 46.
Classification of land for the purposes of this Act
For the purposes of this Act, the foreshore area means the area of land described in Schedule 1.
6 Core land
6 Core land
6 Core land
For the purposes of this Act, core land means the land within the foreshore area that is vested in Place Management NSW, being—
(a) that part of the land that, immediately before the commencement of this section, was within the development area (within the meaning of the Sydney Cove Redevelopment Authority Act 1968) and was vested in the Sydney Cove Redevelopment Authority, and
(b) that part of the land at Pyrmont that, immediately before the commencement of this section, was vested in the City West Development Corporation and is shown as bounded by a broken black line and a heavy black line on the map referred to in Schedule 1, and
(c) the land that is vested in Place Management NSW by clause 14 of Schedule 5, and
(d) on and from the day appointed by proclamation under section 2 (2), that part of the land that, immediately before that day, was within the Development Area (within the meaning of the Darling Harbour Authority Act 1984) and was vested in the Darling Harbour Authority, and
(e) any other land that is acquired by Place Management NSW after the commencement of this section and that is declared by the regulations to be core land.
Note—
The core land of Place Management NSW is land that, because of section 19, Place Management NSW has no power to dispose of, except in extremely limited circumstances.
7 Non-core land
7 Non-core land
7 Non-core land
For the purposes of this Act, non-core land means that part of the land within the foreshore area, not including core land, that is vested in Place Management NSW from time to time.
Note—
The non-core land of Place Management NSW is land that, because of section 20, Place Management NSW may dispose of with the consent of the Minister.
8 Managed land
8 Managed land
8 Managed land
For the purposes of this Act, managed land means that part of the foreshore area, not being core land or non-core land, that is managed by Place Management NSW under an agreement with the owner or occupier of the land.
9 The public domain
9 The public domain
9 The public domain
For the purposes of this Act, the public domain means the public places (within the meaning of the Local Government Act 1993) that are situated within the foreshore area and that are vested in or managed by Place Management NSW.
Note—
The public domain may comprise core land, non-core land or managed land.
Part 3 Constitution of Place Management NSW
Part 3 Constitution of Place Management NSW
Part 3 Constitution of Place Management NSW
pt 3, hdg: Am 2016 No 55, Sch 1.31 [4].
10 Constitution of Place Management NSW
10 Constitution of Place Management NSW
10 Constitution of Place Management NSW
There is constituted by this Act a corporation with the corporate name of Place Management NSW.
s 10: Subst 2016 No 55, Sch 1.31 [5].
11 Status of Place Management NSW
11 Status of Place Management NSW
11 Status of Place Management NSW
Place Management NSW is, for the purposes of any Act, a statutory body representing the Crown.
Note—
The management of Place Management NSW is provided for in Part 5 of this Act. Place Management NSW has a Board and a Chief Executive Officer. Place Management NSW is also subject to the control and direction of the Minister.
Part 4 Functions of Place Management NSW
Part 4 Functions of Place Management NSW
Part 4 Functions of Place Management NSW
pt 4, hdg: Am 2016 No 55, Sch 1.31 [4].
Division 1 Principal functions
Division 1 Principal functions
Division 1 Principal functions
12 Functions—generally
12 Functions—generally
12 Functions—generally
(1) Place Management NSW has the following functions—
(a) to protect and enhance the natural and cultural heritage of the foreshore area,
(b) to promote, co-ordinate, manage, undertake and secure the orderly and economic development and use of the foreshore area, including the provision of infrastructure,
(c) to promote, co-ordinate, organise, manage, undertake, secure, provide and conduct cultural, educational, commercial, tourist, recreational, entertainment and transport activities and facilities.
(2) In addition, Place Management NSW has the following functions in relation to particular classes of land within the foreshore area—
(a) in relation to core land—to develop and manage core land,
(b) in relation to non-core land—to develop, manage and deal in non-core land,
(c) in relation to managed land—to manage managed land in accordance with the terms of the agreement with the owner or occupier of the land,
(d) in relation to the public domain—to enhance and manage the landscape of the public domain and to improve, maintain and regulate the use of the public domain.
(3) (Repealed)
s 12: Am 2006 No 2, Sch 4.67 [1]; 2015 No 58, Sch 3.88 [2].
13 Land register
13 Land register
13 Land register
(1) Place Management NSW must establish and maintain a register of all land that is, from time to time, vested in or managed by Place Management NSW.
(2) The register must include the class of the land according to its classification under Part 2.
(3) The register must be established within 12 months after the date of commencement of this section.
(4) The register is to be open for public inspection without cost at the office of Place Management NSW during ordinary office hours.
14 Other functions
14 Other functions
14 Other functions
(1) Place Management NSW has such other functions as are conferred or imposed on it by or under this or any other Act.
(2) Place Management NSW may do all such supplemental, incidental or consequential acts as may be necessary or expedient for the exercise of its functions.
15 Exercise of functions—principles of ecologically sustainable development
15 Exercise of functions—principles of ecologically sustainable development
15 Exercise of functions—principles of ecologically sustainable development
In carrying out any of its functions, Place Management NSW is to take into consideration, where relevant, the principles of ecologically sustainable development within the meaning of the Local Government Act 1993.
16 Land on and in relation to which Place Management NSW’s functions may be exercised
16 Land on and in relation to which Place Management NSW’s functions may be exercised
16 Land on and in relation to which Place Management NSW’s functions may be exercised
Place Management NSW is not limited to exercising its functions on or in relation to land within the foreshore area.
Division 2 Ancillary functions
Division 2 Ancillary functions
Division 2 Ancillary functions
17 Acquisition of land
17 Acquisition of land
17 Acquisition of land
(1) Place Management NSW may acquire land, for the purposes of this Act, by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(2) For the purposes of the Public Works and Procurement Act 1912, any acquisition of land under this Act is taken to be an authorised work, and Place Management NSW is, in relation to that authorised work, taken to be the Constructing Authority.
(3) Sections 34, 35, 36 and 37 of the Public Works and Procurement Act 1912 do not apply to or in respect of works constructed under this Act.
s 17: Am 2017 No 22, Sch 2.33.
18 Management of land of other public authorities
18 Management of land of other public authorities
18 Management of land of other public authorities
(1) If the Minister for a public authority that owns land within the foreshore area agrees that the land is not being used for the core activities of the public authority, the public authority must transfer—
(a) the land, or
(b) the management of the land,
to Place Management NSW, subject to any terms and conditions agreed to between that Minister and the Minister administering this Act.
(2) An agreement may state whether the transfer is subject to the payment of compensation and, if compensation is to be paid, the amount of the compensation or the basis on which it is to be determined.
(3) Duty under the Duties Act 1997 is not chargeable for or in respect of—
(a) a transfer effected in accordance with an agreement under this section or a voluntary transfer of land to Place Management NSW by a public authority, or
(b) anything certified by the Minister as having been done in consequence of such a transfer (for example, the transfer or conveyance of an interest in land).
(4) A public authority whose land is managed by Place Management NSW under an agreement with the public authority may delegate its functions to Place Management NSW, despite the provisions of any other Act.
(5) In this section—
Minister for a public authority means the Minister administering—
(a) the Act by which the public authority is constituted or established, or
(b) in the case of a subsidiary, the Act by which the subsidiary’s parent is constituted or established.
public authority includes—
(a) a State owned corporation within the meaning of the State Owned Corporations Act 1989 and a subsidiary within the meaning of that Act of such a corporation, and
(b) Transport for NSW constituted under the Transport Administration Act 1988,
but does not include a council.
s 18: Am 2000 No 53, Sch 2.22; 2006 No 58, Sch 2.63; 2006 No 84, Sch 2.16; 2020 No 30, Sch 4.68.
19 Disposal of core land
19 Disposal of core land
19 Disposal of core land
(1) Place Management NSW has no power to sell or exchange core land, or to otherwise dispose of the fee simple estate in core land, except by way of surrender to the Crown or except as provided by subsection (2).
(2) Place Management NSW may, with the consent of, and subject to any conditions imposed by, the Minister—
(a) mortgage, or grant a charge over, core land, or
(b) exchange core land for land within the foreshore area that adjoins or is adjacent to the core land to be exchanged, or
(c) in respect of a road that is core land—
(i) in the case of a public road, consent to an order being made under the Roads Act 1993 to transfer the road to another roads authority, or
(ii) in the case of a road that is not a public road, transfer the road to the Sydney City Council.
(3) Place Management NSW may, with the consent of the Minister and subject to such conditions as the Minister thinks fit, lease or grant licences in respect of core land and grant easements or rights-of-way over core land.
(4) This section does not require Place Management NSW to obtain the consent of the Minister to a lease or licence for a term that, together with the term of any further lease or licence that may be granted under an option in respect of it, does not exceed 5 years.
(5) A lease or licence granted under this section must not have a term that, together with the term of any further lease or licence that may be granted under an option in respect of it, exceeds 99 years.
20 Disposal of non-core land
20 Disposal of non-core land
20 Disposal of non-core land
(1) Place Management NSW may, with the consent of the Minister and subject to such conditions as the Minister thinks fit, sell, lease, exchange or otherwise dispose of or deal with non-core land and grant easements or rights-of-way over non-core land or any part of it.
(2) This section does not require Place Management NSW to obtain the consent of the Minister to a lease or licence for a term that, together with the term of any further lease or licence that may be granted under an option in respect of it, does not exceed 5 years.
21 Dedication of land
21 Dedication of land
21 Dedication of land
(1) Place Management NSW may, by notification published in the Gazette, declare that it proposes to surrender land described or referred to in the notification to the Crown to be dedicated—
(a) for any public purpose specified in the notification, or
(b) if so specified in the notification, as a public road.
(2) When the land is surrendered—
(a) it becomes Crown land reserved from sale, lease or licence under the Crown Land Management Act 2016, and
(b) on revocation of the reservation, it may be dedicated under that Act for the public purpose specified in the notification or under section 12 of the Roads Act 1993 as a public road.
(3) Place Management NSW may, in a notification published under subsection (1), limit the description of, or reference to, land to a specified depth below the surface of the land. If the description or reference is so limited, subsection (2) does not apply to land below the specified depth.
(4) Place Management NSW may, by notific
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