55Classification or reclassification of public land

55 Classification or reclassification of public land

55 Classification or reclassification of public land

(1) Objective

• to enable the classification or reclassification of public land for the purposes of the Local Government Act 1993.

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

(3) The public land described in Parts 2 and 3 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993, subject to subclauses (4)–(7).

(4) Land described in Part 2 of Schedule 4—

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

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

(5) Land described in Columns 1 and 2 of Part 3 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except those (if any) specified opposite the land in Column 3 of Part 3 of Schedule 4.

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

(7) Before the relevant amending plan inserted the description of land into Part 3 of Schedule 4, the Governor approved of subclause (5) applying to the land.

cl 55: Am 11.10.2002.