Sch 11 s 5Classification and reclassification of public land

Sch 11 s 5 Classification and reclassification of public land

5.2 Classification and reclassification of public land

(1) The objective of this section is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with the Local Government Act 1993, Chapter 6, Part 2.

(2) The public land described in this precinct plan, Schedule 4, Part 1 or Part 2 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

(3) The public land described in this precinct plan, Schedule 4, Part 3 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

(4) The public land described in this precinct plan, Schedule 4, Part 1—

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

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

(5) The public land described in this precinct plan, Schedule 4, Part 2, to the extent it is a public reserve, ceases to be a public reserve when the description of the land is inserted into Part 2 and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or a part of the land, except—

(a) those specified for the land in this precinct plan, Schedule 4, Part 2, Column 3, and

(b) a reservation that excepts land out of the Crown grant relating to the land, and

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

Note—

In accordance with the Local Government Act 1993, section 30(2), before a description of public land is inserted in this precinct plan, Schedule 4, Part 2, the Governor must approve subsection (5) applying to the land.