New South Wales: Crown Land Management Act 2016 (NSW)

Crown Land Management Act 2016 No 58 An Act to make provision for the ownership, use and management of the Crown land of New South Wales; to repeal certain legislation consequentially; and for other purposes. Part 1 Preliminary Introductory note— This Part sets out the objects of this Act, defines terms and expressions used in this Act and explains what is (or is not) Crown land. It also provides for the application of this Act and its inter-relationship with other legislation. Division 1.1 Introduction 1.1 Name of Act This Act is the Crown Land Management Act 2016. 1.2 Commencement (1) This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2). (2) The following provisions commence on the date of assent to this Act— (a) Division 4.2 (Vesting of Crown land in local councils), (b) section 13.5 (Regulations), (c) Schedule 7 (Savings, transitional and other provisions). 1.3 Objects of Act The objects of this Act are— (a) to provide for the ownership, use and management of the Crown land of New South Wales, and (b) to provide clarity concerning the law applicable to Crown land, and (c) to require environmental, social, cultural heritage and economic considerations to be taken into account in decision-making about Crown land, and (d) to provide for the consistent, efficient, fair and transparent management of Crown land for the benefit of the people of New South Wales, and (e) to facilitate the use of Crown land by the Aboriginal people of New South Wales because of the spiritual, social, cultural and economic importance of land to Aboriginal people and, where appropriate, to enable the co-management of dedicated or reserved Crown land, and (f) to provide for the management of Crown land having regard to the principles of Crown land management. 1.4 Principles of Crown land management For the purposes of this Act, the principles of Crown land management are— (a) that environmental protection principles be observed in relation to the management and administration of Crown land, and (b) that the natural resources of Crown land (including water, soil, flora, fauna and scenic quality) be conserved wherever possible, and (c) that public use and enjoyment of appropriate Crown land be encouraged, and (d) that, where appropriate, multiple use of Crown land be encouraged, and (e) that, where appropriate, Crown land should be used and managed in such a way that both the land and its resources are sustained in perpetuity, and (f) that Crown land be occupied, used, sold, leased, licensed or otherwise dealt with in the best interests of the State consistent with the above principles. Division 1.2 Interpretation 1.5 General definitions (1) In this Act— appointment instrument, in relation to a Crown land manager, means the appointment instrument referred to in section 3.3 (as varied from time to time) for the manager. asset means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents. authorised officer means a person appointed as an authorised officer under Division 10.3. community engagement strategy means a community engagement strategy approved under Division 5.3. compensation includes damages or any other form of monetary compensation. conduct includes any act or omission. Consumer Price Index means the Consumer Price Index (All Groups Index) for Sydney published by the Australian Statistician. Consumer Price Index number, in relation to a quarter, means the number for that quarter appearing in the Consumer Price Index. contaminate has the same meaning as in the Contaminated Land Management Act 1997. continued holding means each of the following— (a) a continued tenure (as defined in Schedule 1), (b) a continued irrigation tenure (as defined in Schedule 2), (c) a continued Western lands tenure (as defined in Schedule 3). council manager is defined in section 3.20. court attendance notice means— (a) in relation to proceedings for an offence commenced in the Local Court—a court attendance notice (within the meaning of the Criminal Procedure Act 1986) issued in respect of the person alleged to have committed the offence, and (b) in relation to proceedings for an offence commenced in the Land and Environment Court in its summary jurisdiction—an application for an order under section 246 of the Criminal Procedure Act 1986 in respect of the person alleged to have committed the offence. Crown land is defined in Division 1.3. Crown Land Acts means the following— (a) each of the Acts, or provisions of Acts, that were defined to be the Crown Lands Acts in section 3 (1) of the Crown Lands Act 1989 immediately before the repeal of the Crown Lands Act 1989, (b) each of the following Acts repealed by this Act— (i) the Hay Irrigation Act 1902, (ii) the Public Reserves Management Fund Act 1987, (iii) the Trustees of Schools of Arts Enabling Act 1902, (iv) the Wentworth Irrigation Act 1890, (v) the Western Lands Act 1901, (c) this Act. Crown land commissioner means a person appointed as a Crown land commissioner under section 12.2. Crown land management rules is defined in section 3.15. Crown land manager, in relation to Crown land, means a person appointed as a Crown land manager of the land under Division 3.2. Crown managed land means— (a) dedicated or reserved Crown land, and (b) any other land that is required or permitted to be managed under this Act as if it were dedicated or reserved Crown land. Note— For example, clause 7 (4) of Schedule 7, when read with clause 9B of that Schedule, provides for certain land that is not vested in the Crown or the State to be managed as if it were reserved Crown land. Crown Reserves Improvement Fund means the Crown Reserves Improvement Fund established by Division 12.5. Crown road has the same meaning as in the Roads Act 1993. dedicated Crown land means Crown land dedicated for use for one or more purposes under Part 2. Department means the Department of Industry. development and development application, in relation to land, have the same meanings as in the Environmental Planning and Assessment Act 1979. Eastern and Central Division is defined in section 1.6. enclosure permit is defined in section 5.34. filming project has the same meaning as in the Local Government Act 1993. forestry right has the same meaning as in section 87A of the Conveyancing Act 1919. function includes a power, authority or duty, and exercise a function includes perform a duty. General Register of Deeds means the General Register of Deeds kept under Division 1 of Part 23 of the Conveyancing Act 1919. government agency means any public authority, and includes— (a) a State owned corporation, and (b) Local Land Services, but does not include a local council or a Crown land manager. government sector agency has the same meaning as in the Government Sector Employment Act 2013. government sector employee means an employee of a government sector agency. holding means each of the following— (a) any lease or licence under this Act (including one that is a continued holding), (b) any incomplete purchase, (c) any other continued holding (except a permit or permission). Note— Schedules 1–3 provide for continued holdings that are leases and licences to continue in force as leases or licences under this Act. incomplete purchase means each of the following— (a) a continued incomplete tenure purchase (as defined in Schedule 1) that remains incomplete, (b) a continued incomplete irrigation lease purchase (as defined in Schedule 2) that remains incomplete, (c) a continued incomplete Western lands lease purchase (as defined in Schedule 3) that remains incomplete, (d) a new incomplete purchase that remains incomplete. land includes any waters on or under the surface of the land. land of the Crown includes, but is not limited to, Crown land. lawful authority for conduct or an activity is defined in subsection (2). liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable). local government area, in relation to a local council, has the same meaning as area in the Local Government Act 1993 in relation to the council. Lord Howe Island has the same meaning as Island in the Lord Howe Island Act 1953. mineral, in relation to a provision of this Act, means— (a) a mineral (as defined in the Mining Act 1992), and (b) any other substance prescribed by the regulations for the purposes of the provision. Ministerial Corporation means the Lands Administration Ministerial Corporation constituted by this Act, as provided by section 12.5. modification includes addition, exception, omission or substitution. motor vehicle has the same meaning as in the Road Transport Act 2013. native title certificate is defined in section 8.4. native title legislation means the Native Title Act 1993 of the Commonwealth and the Native Title (New South Wales) Act 1994 (and any regulations or other statutory instruments in force under either Act). native title rights and interests has the same meaning as in the Native Title Act 1993 of the Commonwealth. new incomplete purchase is defined in Part 5 of Schedule 4. non-council manager is defined in section 3.24. perpetual lease means a lease under this Act for which no term is specified. pollution has the same meaning as in the Protection of the Environment Operations Act 1997. public authority means any of the following— (a) a Minister, (b) a government sector agency, (c) a statutory body representing the Crown, (d) a local council or a county council (as defined in the Local Government Act 1993). public purpose, in relation to a provision of this Act, means any purpose declared to be a public purpose for the purposes of the provision by— (a) the Minister in a notice published in the Gazette, or (b) the regulations. Note— See also clause 33 (Existing declarations of public purposes) of Schedule 7. purchasable lease is defined in Schedule 4. Register means the Register kept under the Real Property Act 1900. registered proprietor, in relation to land, has the same meaning as in the Real Property Act 1900. reserved Crown land means Crown land reserved for use for one or more purposes under Part 2. rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable). Secretary means the Secretary of the Department. special purpose holding is defined in Division 5.7. State strategic plan for Crown land means a State strategic plan for Crown land that complies with Division 12.4. statutory land manager means a statutory land manager constituted under Schedule 5. structure includes any of the following— (a) any building, (b) any post, pile, stake, pipe, chain, wire or any other thing fixed to the soil or to anything fixed to the soil, (c) any roadwork, pathway or paving, (d) any works for the reclamation of land that are or are liable to be, or would, but for the reclamation, be or be liable to be, covered wholly or partly by water, (e) any excavation works, drain, canal, sump or foundation, whether lined or unlined. temporary structure means a temporary structure (as defined in the Environmental Planning and Assessment Act 1979), but only if that structure remains in place for less than 30 days. term lease means a lease under this Act for which a term is specified. travelling stock reserve has the same meaning as in the Local Land Services Act 2013. vacant Crown land means Crown land that is not held under a holding. vehicle includes— (a) any motor vehicle or other thing capable of transporting a person (including any aircraft, vessel, bicycle, bus, car, horse, train or tram), and (b) any trailer or caravan whether or not attached to any thing of that kind. vehicle offence means— (a) an offence against section 9.6, or (b) an offence against the regulations involving a vehicle being used, parked or moored in contravention of the regulations. waters includes a stream, creek, river, estuary, dam, lake or reservoir. Western Division is defined in section 1.6. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) There is lawful authority for a person's conduct or an activity for the purposes of this Act if it— (a) is authorised or required by or under this Act or another Act, or (b) is authorised or required by or under a holding of the person, or (c) occurs in any other circumstances prescribed by the regulations. (3) A reference in this Act to a repealed Act or repealed statutory rule is a reference to the repealed Act or repealed statutory rule as in force immediately before its repeal unless the context or subject-matter indicates or requires differently. (4) If this Act (or an instrument made under this Act) provides for an event or other thing to occur on a particular day, that event or thing is taken to occur at the beginning of that day unless the context or subject-matter indicates or requires differently. (5) Introductory and other notes included in this Act do not form part of this Act. 1.6 Divisions of State (1) For the purposes of this Act, the State is divided into the following 2 geographical areas— (a) the Eastern and Central Division, (b) the Western Division. (2) Subject to subsection (4), the Eastern and Central Division is comprised of the following— (a) those parts of the State remaining after both Lord Howe Island and the Western Division are excluded, (b) the coastal waters of the State as defined in Part 10 of the Interpretation Act 1987 (including the seabed and subsoil beneath, and the airspace above, those waters). (3) Subject to subsection (4), the Western Division is comprised by that part of the State recorded in the Register as Lot 1901, Deposited Plan 1133899. (4) The boundary between the Eastern and Central Division and the Western Division may be altered or redefined by the regulations. (5) The Minister is not to recommend the making of a regulation for the purposes of subsection (4) unless the Minister certifies that— (a) a notice describing the alteration or redefinition proposed to be made by the regulation has been published in the manner prescribed by the regulations, and (b) the notice stated that written objections and submissions relating to the proposed alteration or redefinition could be lodged with the Department not later than 28 days after publication of the notice, and (c) the Minister has considered the objections and submissions that were duly made. Division 1.3 Crown land 1.7 Definition of "Crown land" Subject to this Division, each of the following is Crown land for the purposes of this Act— (a) land that was Crown land as defined in the Crown Lands Act 1989 immediately before the Act's repeal, (b) land that becomes Crown land because of the operation of a provision of this Act or a declaration made under section 4.4, (c) land vested, on and from the repeal of the Crown Lands Act 1989, in the Crown (including when it is vested in the name of the State). Note— Clause 6 of Schedule 7 provides for certain land under Acts repealed by Schedule 8 to become Crown land under this Act. Section 1.10 then provides for this land to be vested in the Crown. Land that will become Crown land under this Act includes land vested in the Crown that is dedicated for a public purpose. This land was previously excluded from the definition of Crown land in the Crown Lands Act 1989. See also section 1.8 (2). 1.8 When land is vested in Crown (1) Land is not Crown land if it is vested in a Minister, or a statutory body representing the Crown, with express power under an Act (except the Interpretation Act 1987) to hold land in the exercise of the Minister's or body's functions. (2) Land may be Crown land even though it is dedicated for a public purpose under this Act or another Act or law. 1.9 When land ceases to be or is not Crown land (1) Land ceases to be Crown land if— (a) the land is sold, or lawfully contracted to be sold, and the purchase price or other consideration for the sale has been received by the Crown (or by a person on behalf of the Crown) regardless of whether the purchaser is recorded in the Register as the registered proprietor of the land, or (b) contracts for the sale of the land have been exchanged and the deposit has been received by the Crown (or by a person on behalf of the Crown). (2) Land to which subsection (1) (b) applies becomes Crown land again if the purchaser fails to complete the purchase following the exchange of contracts. Note— See section 1.10 (When land becomes Crown land because of this Act). (3) To avoid doubt, subsection (1) does not prevent the Minister (or any other person acting on behalf of the Crown) from completing a sale of land that has ceased to be Crown land because of that subsection. (4) Crown land does not include land under an incomplete purchase. (5) Land does not cease to be Crown land just because of the creation in respect of it of a folio of the Register in the name of the State. 1.10 When land becomes Crown land because of this Act (1) This section applies to land that becomes Crown land because of the operation of a provision of this Act or a declaration made under section 4.4. (2) Any land to which this section applies is vested in the Crown when it becomes Crown land as an estate in fee simple, freed and discharged from all estates, interests, trusts or obligations, except as provided by subsections (3), (4) and (6). (3) The vesting of land in the Crown does not operate to— (a) extinguish any mortgage over the land, or (b) revoke any lease, licence, easement or right of way in relation to the land, or (c) revoke or alter any dedication or reservation of the land, or (d) extinguish, revoke or alter any estate, interest, trust or obligation to the extent that it is continued over the land by the provision or declaration under which the land becomes Crown land, or (e) have any other kind of effect prescribed by the regulations. (4) A regulation for the purposes of subsection (3) (e) may provide that it extends to a vesting of land under this section occurring before the regulation was made. (5) Subsection (3) does not prevent a declaration under section 4.4 from including provisions that discontinue an interest of a kind referred to in that subsection. (6) A vesting of land under this section takes effect subject to any native title rights and interests existing in relation to the land immediately before the vesting. (7) To avoid doubt, a vesting of land under this section operates to change the ownership of the land even if the registered proprietor for the land specified in the Register remains unchanged. Note— The Registrar-General must alter the Register to reflect the change in ownership if the Minister requests it under section 1.11. (8) The operation of this section is not to be regarded as— (a) a breach of contract or confidence or otherwise as a civil wrong, or (b) a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of the land, or (c) giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of the land, or (d) an event of default under any contract or other instrument. (9) No attornment to the Crown by a lessee of the previous owner of the land is required. (10) No compensation is payable for the extinguishment of any estates, interests, trusts or obligations (or the abolition or loss of any office or other position) because of the operation of this section. (11) This section has effect subject to any different provision that is made by this Act. (12) In this section— instrument means an instrument (other than this Act) that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order or process of a court. 1.11 Updating Crown land entries in Register (1) If the Minister requests it, the Registrar-General must alter the Register to state that the Crown is the registered proprietor of land under the Real Property Act 1900 if it has become Crown land because of the operation of a provision of this Act or a declaration made under section 4.4. (2) This section does not limit any power of the Registrar-General under Part 2 or 3 of the Real Property Act 1900 to alter the Register. 1.12 Relationship of Division with Real Property Act 1900 This Division has effect despite anything contained in section 42 of the Real Property Act 1900. Division 1.4 Application of Act 1.13 Relationship between Schedules 1–4 and Parts 5–7 (1) The provisions of Schedules 1–4 prevail over the provisions of Parts 5–7 of this Act to the extent of any inconsistency. Note— Schedules 1–4 contain provisions relating to continued holdings, land in the Western Division and purchasable leases for which special provision was made under the former Crown Lands (Continued Tenures) Act 1989, Hay Irrigation Act 1902, Wentworth Irrigation Act 1890 and Western Lands Act 1901. (2) Subsection (1) does not apply to the extent that its application is— (a) expressly excluded or modified by a provision of this Act, or (b) excluded by the regulations. 1.14 Application of Act (1) This Act applies in relation to both the Eastern and Central Division and the Western Division. (2) This Act does not apply in relation to Lord Howe Island. 1.15 Dealings with Crown land generally subject to Act (1) Crown land must not be occupied, used, sold, leased, licensed, dedicated, reserved or dealt with in any other way unless it is authorised by this Act. (2) However, this Act does not affect the operation of another Act to the extent that it— (a) makes special provision for particular Crown land or any particular kind of Crown land, or (b) authorises Crown land to be dealt with in any manner inconsistent with this Act. Part 2 Dedicated or reserved Crown land Introductory note— This Part provides for the dedication or reservation of Crown land by the Minister. It includes provisions dealing with— (a) the circumstances in which the Minister may dedicate or reserve Crown land, and (b) the alteration, addition and purposes of dedicated or reserved Crown land, and (c) the circumstances in which a dedication or reservation may be revoked, and (d) the permitted uses of dedicated or reserved Crown land, and (e) the kinds of dealings with dedicated or reserved Crown land that are permitted (including certain special powers of the Minister over dealings). Part 3 enables the Minister to appoint Crown land managers for dedicated or reserved Crown land. Division 5.3 also requires the Minister to approve community engagement strategies for proposed alterations or removals of the purposes for which dedicated or reserved Crown land is dedicated or reserved. Division 2.1 Introduction 2.1 Crown land to which Part applies This Part applies to all Crown land except Crown land excluded under this Division. 2.2 Exclusion of Crown land from Part The Minister may, by order published in the Gazette, exclude specified Crown land (or specified kinds of Crown land) from the application of this Part. Division 2.2 Dedicated Crown land 2.3 Minister may dedicate Crown land (1) The Minister may, by notice published in the Gazette, dedicate Crown land for use for one or more purposes specified in the notice. (2) Before doing so, the Minister must be satisfied that the use of the land for each purpose is— (a) consistent with one or more objects of this Act, or (b) in the public interest. 2.4 Adding other Crown land to existing dedicated Crown land (1) The Minister may, by notice published in the Gazette, add other Crown land to any dedicated Crown land. (2) When the notice takes effect, the additional land becomes part of the dedicated Crown land and is to be managed, used and dealt with accordingly. 2.5 Proposed dedication or addition must be tabled in Parliament (1) A notice dedicating Crown land (or adding Crown land to dedicated Crown land) cannot be published in the Gazette unless the proposed notice is tabled in both Houses of Parliament. (2) The proposed notice must be tabled in the House concerned at least 10 sitting days before the notice is published in the Gazette. 2.6 Existing dedicated or reserved Crown land can be dedicated (1) Crown land may be dedicated (or added to dedicated Crown land) even if it is already dedicated or reserved Crown land or part of dedicated or reserved Crown land. (2) However, the dedication or reservation of Crown land that is already dedicated or reserved Crown land (or already part of dedicated or reserved Crown land) ceases to have effect when its new dedication, or its addition to other dedicated Crown land, takes effect. 2.7 Revocation of dedication (1) The Minister may, by notice published in the Gazette, revoke the dedication (or part of the dedication) of dedicated Crown land. (2) However, a notice revoking a dedication must not be published unless— (a) the Minister has caused a proposal to revoke the dedication to be published in the Gazette (the revocation proposal), and (b) a copy of the revocation proposal is tabled in each House of Parliament within 10 sitting days after its publication, and (c) notice of a resolution disallowing the revocation proposal is not duly given under subsections (3) and (4) or, if it is, the resolution is not passed or the notice of the resolution is withdrawn or lapses. (3) Either House of Parliament may pass a resolution disallowing the revocation proposal after the copy of the proposal is tabled in that House. (4) Notice of a disallowance resolution must be given within 14 sitting days after the revocation proposal is tabled in the House. (5) A dedication of land may be revoked even if— (a) after dedication, a Crown grant has issued or a folio of the Register has been or is created, or (b) before dedication, the land had been alienated by the Crown and subsequently resumed, purchased or acquired in any other way by the Crown. (6) This section extends to land that has ceased to be Crown land but remains subject to a dedication. Division 2.3 Reserved Crown land 2.8 Minister may reserve Crown land (1) The Minister may, by notice published in the Gazette, reserve Crown land for use for one or more purposes specified in the notice. (2) Before doing so, the Minister must be satisfied that the use of the land for each purpose is— (a) consistent with one or more objects of this Act, or (b) in the public interest. 2.9 Adding other Crown land to existing reserved Crown land (1) The Minister may, by notice published in the Gazette, add other Crown land to any reserved Crown land. (2) When the notice takes effect, the additional land becomes part of the reserved Crown land and is to be managed, used and dealt with accordingly. 2.10 Reserved Crown land can be reserved again (1) Crown land may be reserved (or added to reserved Crown land) even if it is already reserved Crown land or part of other reserved Crown land. (2) However, if Crown land is already reserved Crown land (or part of other reserved Crown land) when it is reserved (or added to reserved Crown land) by a notice under this Division— (a) the existing reservation ceases to have effect in relation to the land unless the notice provides differently, and (b) for land that already forms part of other reserved Crown land—the reservation of the rest of the other Crown land remains unaffected. 2.11 Revocation of reservation (1) The Minister may, by notice published in the Gazette, revoke the reservation (or part of the reservation) of reserved Crown land. (2) This section extends to land that has ceased to be Crown land but remains subject to a reservation. Division 2.4 Use of dedicated or reserved Crown land 2.12 Dedicated or reserved Crown land to be used for limited purposes Dedicated or reserved Crown land may be used only for the following purposes— (a) the purposes for which it is dedicated or reserved, (b) any purpose incidental or ancillary to a purpose for which it is dedicated or reserved, (c) any other purposes authorised by or under this Act or another Act. Note— Section 3.38 authorises dedicated or reserved Crown land to be used for a purpose specified in a plan of management for the land. See also sections 2.18 and 2.19. 2.13 Use of dedicated or reserved Crown land with multiple purposes Dedicated or reserved Crown land that is dedicated or reserved for use for more than one purpose may be used for any one or more of those purposes. 2.14 Additional purposes for dedicated or reserved Crown land (1) The Minister may, by notice published in the Gazette, authorise dedicated or reserved Crown land to be used for one or more additional purposes. (2) Before doing so, the Minister must be satisfied that the use of the dedicated or reserved Crown land for each additional purpose— (a) would be in the public interest, and (b) would not be likely to materially harm the use of the land for any of the purposes (an existing purpose) for which it is dedicated or reserved. (3) Without limitation, the following considerations are relevant to the question of whether the use of dedicated or reserved Crown land for an additional purpose would not be likely to materially harm its use for an existing purpose— (a) the proportion of the area of the land that may be affected by the additional purpose, (b) if the activities to be conducted for the additional purpose will be intermittent, the frequency and duration of the impacts of those activities, (c) the degree of permanence of likely harm and in particular whether that harm is irreversible, (d) the current condition of the land, (e) the geographical, environmental and social context of the land, (f) any other considerations that may be prescribed by the regulations. (4) An additional purpose does not limit any existing purpose. 2.15 Alteration of purpose for dedicated or reserved Crown land (1) The Minister may, by notice published in the Gazette, alter one or more purposes for which Crown land is dedicated or reserved under this Part. (2) Before doing so, the Minister must be satisfied that the use of the land for each altered purpose is— (a) consistent with the objects of this Act, and (b) in the public interest. (3) To avoid doubt, a purpose replaced by an altered purpose ceases to have effect when the notice takes effect. 2.16 Removal of purpose for dedicated or reserved Crown land (1) This section applies to dedicated or reserved Crown land that is dedicated or reserved for use for more than one purpose. (2) The Minister may, by notice published in the Gazette, declare that the Crown land is no longer dedicated or reserved for use for a specified purpose if— (a) the Minister is satisfied that the land is not being used for that purpose, and (b) the land continues to be used for one or more of the other purposes for which it is dedicated or reserved. (3) The specified purpose ceases to be a purpose for which the Crown land is dedicated or reserved when the notice takes effect. 2.17 Effect of dedication or reservation for public use The dedication or reservation of Crown land under this Part for a purpose that permits or requires its use by members of the public does not— (a) prevent the holder of a holding over the land from using it for commercial purposes, or (b) prevent the person responsible for the care, control and management of the land from charging fees for the use of the land by members of the public (provided the fees collected are used in accordance with this Act), or (c) entitle members of the public to have unrestricted access to the land (particularly, in relation to any part of the land under a holding). Note— Section 3.16 will generally require Crown land managers for dedicated or reserved Crown land to apply any fees charged for the use of the land for the improvement of the land and its purposes. Also, paragraph (c) allows for restrictions on, but not wholesale prohibitions of, access to the land. Division 2.5 Special powers of Minister 2.18 Special provisions relating to Minister's powers over dedicated or reserved Crown land (1) Despite any other provision of this Act, the Minister may grant a lease, licence, permit, easement or right of way over dedicated or reserved Crown land for any of the following purposes (a relevant interest)— (a) any facility or infrastructure, (b) any other purpose the Minister thinks fit. (2) Before doing so, the Minister must— (a) consult the following persons or agencies— (i) for land for which there is a Crown land manager—the manager, (ii) for land used, occupied or administered by a government agency—the agency (if a Minister is the agency) or the Minister to whom that agency is responsible (in any other case), and (b) for land to be used or occupied under the relevant interest for any purpose except a purpose for which it is currently dedicated or reserved—cause a notice to be published specifying the purposes for which the land is to be used or occupied under the relevant interest, and (c) be satisfied that it is in the public interest to grant the relevant interest. (3) A failure to comply with subsection (2) (a) does not affect the validity of the relevant interest. (4) The proceeds from a relevant interest are to be applied as directed by the Minister and, without limitation, a direction may include any of the following— (a) a direction that the proceeds (or part of the proceeds) be paid into the Consolidated Fund or the Crown Reserves Improvement Fund, (b) if the relevant interest is granted over dedicated or reserved Crown land with a Crown land manager—a direction that the proceeds (or part of the proceeds) be paid to the manager or to another Crown land manager, (c) if the relevant interest is granted in respect of a travelling stock reserve under the care, control and management of Local Land Services—a direction that the proceeds (or part of the proceeds) be paid to Local Land Services, (d) if it is Crown land referred to in subsection (2) (a) (ii)—a direction that the proceeds (or part of the proceeds) be paid to the relevant government agency. (5) To avoid doubt— (a) the power of the Minister to grant a relevant interest over dedicated or reserved Crown land under this section includes the power to enter into an agreement for the relevant interest, and (b) subsection (2) (b) does not require the Minister to publish— (i) details about the relevant interest as well as the purposes for which the land is to be used or occupied under the relevant interest, or (ii) a new notice each time a relevant interest is renewed (instead of granted). (6) Dedicated or reserved Crown land under a special purpose holding may be leased under this section, but only if the granting of a lease under this section is authorised by, and complies with, the provisions of the special purpose holding. 2.19 Secondary interests in dedicated or reserved Crown land (1) The Minister's power to grant a lease, licence, permit, easement or right of way (a secondary interest) over dedicated or reserved Crown land is not limited by its dedication or reservation, except as provided by this section. (2) The Minister cannot grant a secondary interest over dedicated or reserved Crown land unless satisfied that the use of the land under the secondary interest— (a) would be in the public interest, and (b) would not be likely to materially harm its use for the purposes for which it is dedicated or reserved. (3) Without limitation, the following considerations are relevant to the question of whether the use of dedicated or reserved Crown land under a secondary interest would not be likely to materially harm its use for the purposes for which it is dedicated or reserved— (a) the proportion of the area of the land that may be affected by the secondary interest, (b) if the activities to be conducted under the secondary interest will be intermittent, the frequency and duration of the impacts of those activities, (c) the degree of permanence of likely harm and in particular whether that harm is irreversible, (d) the current condition of the land, (e) the geographical, environmental and social context of the land, (f) any other considerations that may be prescribed by the regulations. (4) To avoid doubt— (a) the purposes for which a secondary interest can be granted are not limited to public purposes or purposes that are ancillary or incidental to a purpose for which the land is dedicated or reserved, and (b) a secondary interest does not materially harm the use of the land for the purposes for which it is dedicated or reserved just because— (i) the use of the land under the interest may be inconsistent or incompatible with a purpose for which it is dedicated or reserved, or (ii) the land may be used for grazing under the interest. (5) The Minister can validate a secondary interest that has not been validly granted because of this section by making any changes to the purpose for which it was granted, or to its terms and conditions, that may be necessary to make the interest valid. (6) If a secondary interest is validated under this section— (a) the secondary interest is taken to have been validly granted from the date of its original grant, and (b) the use of Crown land in accordance with the secondary interest before its validation is taken to be, and always to have been, valid. (7) In this section— grant includes a purported grant. use of land includes its occupation. Note— This section also applies to leases, licences, permits, easements or rights of way granted by Crown land managers over dedicated or reserved Crown land. See section 3.17. 2.20 Short-term licences over dedicated or reserved Crown land (1) The regulations may make provision for or with respect to the following concerning short-term licences over dedicated or reserved Crown land— (a) any purposes for which the licences may be granted (prescribed purpose), (b) any conditions to which the licences are subject (prescribed condition), (c) the maximum term for which licences may be granted (prescribed maximum term). (2) The Minister may grant a short-term licence over dedicated or reserved Crown land for any prescribed purpose. (3) A short-term licence may be granted even if the purpose for which it is granted is inconsistent with the purposes for which the Crown land is dedicated or reserved. (4) A short-term licence may be granted subject to conditions specified by the Minister and is also subject to any prescribed conditions. (5) A short-term licence may not be granted for any purpose for which an authority, permit, lease or licence may be granted under the Fisheries Management Act 1994. (6) A short-term licence ceases to have effect when the prescribed maximum term after it is granted expires, unless it is revoked sooner by the Minister or is granted for a shorter term. (7) Sections 2.18 and 2.19 do not limit the circumstances in which short-term licences can be granted under this section. Note— This section also applies to short-term licences granted by Crown land managers over dedicated or reserved Crown land. See section 3.17. Division 2.6 General 2.21 Division of assets, rights and liabilities when land added to different dedicated or reserved Crown land (1) This section applies if the whole or any part of dedicated or reserved Crown land (the added land) is added to different dedicated or reserved Crown land (the expanded land) under this Part. (2) The Minister may, by the notice that adds the added land to the expanded land or a subsequent notice published in the Gazette, provide for specified assets, rights and liabilities of the former Crown land manager of the added land to be transferred to the Crown land manager of the expanded land. (3) An asset, right or liability cannot be specified for the purposes of subsection (2) unless— (a) the Minister is satisfied that it was created, exercisable or incurred in connection with the exercise of functions as the Crown land manager of the added land, or (b) the parties to an agreement under subsection (4) have requested it. (4) The former Crown land manager of the added land and the Crown land manager of the expanded land may agree to the appropriate division of the assets, rights and liabilities of the former Crown land manager in relation to the added land. (5) The Minister does not have to transfer any assets, rights or liabilities under this section unless— (a) if there is an agreement under subsection (4)—the parties to the agreement request it, or (b) the Minister is satisfied that an agreement under subsection (4) is not likely to be reached. (6) Schedule 6 applies to a transfer of any asset, right or liability to a person by a notice referred to in subsection (2). 2.22 Responsibility for public reserves (1) This section applies to dedicated or reserved Crown land that is a public reserve and has effect despite anything in the Local Government Act 1993. (2) The Minister may, by notice published in the Gazette, declare that the dedicated or reserved Crown land is for the time being under the care, control and management of the Minister. (3) Accordingly, the council does not have control of the dedicated or reserved Crown land as provided by section 48 of the Local Government Act 1993. (4) If the Minister, by subsequent notice published in the Gazette, revokes a notice under subsection (2) in relation to dedicated or reserved Crown land, section 48 of the Local Government Act 1993 is taken to apply in relation to the land. (5) In this section— public reserve means a public reserve as defined in the Local Government Act 1993 (except a public reserve referred to in section 48 (1) (b) of that Act). 2.23 Minister taken to give consent for certain development applications over dedicated or reserved Crown land (1) This section— (a) applies in relation to dedicated or reserved Crown land for the purposes of the Environmental Planning and Assessment Act 1979 (and any instrument made under that Act), and (b) has effect despite anything in that Act (or any instrument made under that Act). (2) The Minister is taken to have given written consent on behalf of the Crown (as the owner of dedicated or reserved Crown land) for its Crown land manager or the holder of a lease or licence over the land to make a development application relating to any of the following kinds of development— (a) without limiting paragraph (g), the repair, maintenance, restoration or renovation of an existing building on the land if it will not do any of the following— (i) alter the footprint of the building by adding or removing more than one square metre (or any other area that may be prescribed by the regulations), (ii) alter the existing building height by adding or removing one or more storeys, (iii) involve excavation of the land, (b) the erection of a fence approved by the manager or the repair, maintenance or replacement of a fence erected with the manager's approval, (c) the use of the land for any of the following purposes— (i) a purpose for which the land may be used under this Act, (ii) a purpose for which a lease or licence has been granted under this Act, (d) the erection of signage approved by the manager or the repair, maintenance or replacement of signage erected with the manager's approval, (e) the erection, repair, maintenance or replacement of a temporary structure on the land, (f) the installation, repair, maintenance or replacement of services on the land, (g) the erection, repair, maintenance or replacement of any of the following on the land— (i) a building or other structure on the land permitted under the lease, (ii) a toilet block, (iii) a structure for the protection of the environment, (h) the carrying out on the land of any other development of a kind prescribed by the regulations or permitted under a plan of management for the land. (3) Subsection (2) does not apply in relation to any development that involves any of the following— (a) the subdivision of land, (b) the carrying out of development of a kind excluded by the regulations. (4) Any regulations made for the purposes of subsection (3) (b) may exclude the whole or any part of a kind of development specified by subsection (2). (5) To avoid doubt, the Minister's consent on behalf of the Crown (as the owner of dedicated or reserved Crown land) to lodgment of a development application in respect of that land is required for the carrying out of any development to which subsection (2) does not apply. 2.24 Limits on compensation payable for compulsory acquisition of dedicated or reserved Crown land (1) This section applies to each of the following— (a) the determination of the amount of compensation payable under Part 3 of the Land Acquisition (Just Terms Compensation) Act 1991 in respect of the compulsory acquisition of the whole or part of dedicated or reserved Crown land managed by a Crown land manager, (b) the determination under section 191 of the Roads Act 1993 of the amount of compensation payable or provided under Division 2 of Part 12 of that Act in respect of the acquisition under that Division of the whole or part of dedicated or reserved Crown land managed by a Crown land manager, (c) the determination under section 22A of the Pipelines Act 1967 of the amount of compensation payable in respect of the vesting of the whole or part of dedicated or reserved Crown land managed by a Crown land manager or the vesting of an easement over the whole or part of land of that kind. (2) This section does not apply to land that comprises dedicated land for which a Crown grant was granted to a former reserve trust or a predecessor in title before the commencement of the Crown Lands (Land Titles) Amendment Act 1980. (3) Despite section 55 of the Land Acquisition (Just Terms Compensation) Act 1991, in determining the amount of compensation, if any, payable to a Crown land manager of dedicated or reserved Crown land managed by the manager, regard is to be had to the following matters only (as assessed in accordance with this section)— (a) the value to the manager of any improvements (including structures) erected or carried out by the manager on the land being acquired or vested, or over which the easement is vested, on the date the land is acquired, (b) the amount of any loss attributable to the reduction in public benefit from any loss of public open space that arises from the acquisition or vesting of the land, (c) the amount of any reduction in the value to the manager, as at the date the land is acquired or vests, or the easement vests, of any other improvements (including structures) erected or carried out by the manager on other land that is caused by the land acquired being severed from the other land under management, (d) the cost to the manager of acquiring additional land having environmental benefits that are comparable to the land being acquired or vested, (e) any loss attributable to disturbance (as defined in section 59 of that Act), other than loss arising from the termination of a lease or licence over the whole or part of the land being acquired. (4) For the purposes of a determination of an amount of compensation— (a) the Crown is to be treated as being the only holder in fee simple of the land that is acquired or vested or over which the easement is vested, and (b) section 56 (2) of the Land Acquisition (Just Terms Compensation) Act 1991 applies as if the value of improvements (including structures) erected or carried out by the Crown land manager on the land is the market value of the manager's interest in the land. (5) If dedicated or reserved Crown land is managed by the authority acquiring the whole or part of the land, the authority is not entitled to compensation in respect of the acquisition or vesting if it decides not to require compensation and does not revoke that decision before the acquisition of the land concerned. (6) This section does not affect— (a) any function of the Minister over the dedicated or reserved Crown land or the requirements of the Crown land management rules concerning the application of compensation that is payable, or (b) the rights under the Land Acquisition (Just Terms Compensation) Act 1991 of a person from whom native title rights and interests in relation to land have been acquired. (7) In this section— dedicated or reserved Crown land managed by a Crown land manager includes land— (a) to which the provisions of this Part are applied by another Act or that is taken under another Act to be dedicated or reserved Crown land under this Act, and (b) for which a Crown land manager has been appointed or is taken to have been appointed. 2.25 Notice of challenges to validity of interests in dedicated or reserved Crown land (1) The validity of a lease, licence, permit, easement or right of way over dedicated or reserved Crown land (whether granted by the Minister, a Crown land manager or another person) cannot be questioned in legal proceedings unless a party to the proceedings has given the Minister not less than the minimum period of notice of the alleged invalidity. (2) Notice can be given before proceedings are commenced by a prospective party to proceedings. (3) The minimum period of notice is 3 months or a shorter period that may be prescribed by the regulations. (4) The notice of alleged invalidity must be given in the form approved by the Minister and must provide the information required by the approved form. (5) The court before which proceedings are pending may adjourn the proceedings to enable notice of alleged invalidity to be given. (6) In a particular case, the Minister may, by written instrument, waive the requirement for the giving of notice or reduce the minimum period. Part 3 Management of Crown land Introductory note— This Part provides for the management of dedicated or reserved Crown land. It includes provisions that— (a) enable the Minister to appoint Crown land managers for dedicated or reserved Crown land, and (b) make a Crown land manager of dedicated or reserved Crown land responsible for the care, control and management of the land, and (c) provide for the functions of Crown land managers (including specifying the kinds of dealings with managed land that they are authorised to do), and (d) enable the Minister to issue Crown land management rules for Crown land managers. The following persons can be appointed as Crown land managers for dedicated or reserved Crown land— (a) local councils, (b) a Local Aboriginal Land Council under the Aboriginal Land Rights Act 1983, (c) a prescribed body corporate for the purposes of a provision of the Native Title Act 1993 of the Commonwealth, (d) statutory land managers constituted under Schedule 5, (e) the Ministerial Corporation, (f) associations under the Associations Incorporation Act 2009, (g) companies under the Corporations Act 2001 of the Commonwealth, (h) any other bodies corporate or corporations constituted by or under another Act, (i) heads of government sector agencies. This Part also makes it clear that the Minister is responsible for the care, control and management of Crown land if there is no Crown land manager of the land or it is not dedicated or reserved. Schedule 5 sets out the duties of board members of statutory land managers. Schedule 7 provides for board members of reserve trusts (including reserve trusts constituted by members of community groups) under the former Crown Lands Act 1989 for existing dedicated or reserved Crown land to become the board members of statutory land managers constituted under that Schedule to manage those lands. The creation of new statutory land managers in the future (as well as the ability to appoint associations and companies as Crown land managers) will enable community groups to continue to be involved in the management of dedicated or reserved Crown land. Division 3.1 Introduction 3.1 Responsibility for management of Crown land (1) The person responsible for the care, control and management of particular dedicated or reserved Crown land is— (a) for land with one Crown land manager—the Crown land manager, or (b) for land with 2 or more Crown land managers—each of the Crown land managers in accordance with any allocation made under section 3.14. (2) The Minister is responsible for the care, control and management of— (a) all Crown land that is not dedicated or reserved Crown land, and (b) all dedicated or reserved Crown land for which there are no Crown land managers. Note— This subsection does not affect any responsibility of a local council over a public reserve that is Crown land that it has under section 48 of the Local Government Act 1993. See section 1.15 (2). (3) This section does not— (a) limit the functions of the Minister under this Act or another Act in relation to dedicated or reserved Crown land for which there is a Crown land manager, or (b) limit the functions of a person or body taken to be the Crown land manager of dedicated or reserved Crown land for the purposes of this Act because of the operation of another Act, or (c) affect a different allocation of management responsibilities made by another provision of this Act. 3.2 Management of parts of Crown land To avoid doubt, Crown land managers can be appointed and allocated responsibilities under this Part for a part (or different parts) of particular dedicated or reserved Crown land as an alternative to their appointment and allocation for the whole of the land. Note— The Minister is responsible (because of section 3.1 (2) (b)) for the care, control and management of any part of particular dedicated or reserved Crown land for which there is no Crown land manager. Division 3.2 Appointment of Crown land managers for dedicated or reserved Crown land 3.3 Minister may appoint Crown land managers (1) The Minister may, by written instrument (an appointment instrument), appoint one or more qualified persons to be Crown land managers for specified dedicated or reserved Crown land. (2) Each of the following is a qualified person for appointment as a Crown land manager— (a) a local council, (b) a Local Aboriginal Land Council under the Aboriginal Land Rights Act 1983, (c) a prescribed body corporate for the purposes of a provision of the Native Title Act 1993 of the Commonwealth, (d) a statutory land manager, (e) the Ministerial Corporation, (f) an association under the Associations Incorporation Act 2009, (g) a company under the Corporations Act 2001 of the Commonwealth, (h) any other body corporate or corporation constituted by or under another Act, (i) the head of a government sector agency. (3) A Crown land manager may be appointed to manage more than one area of dedicated or reserved Crown land at a time. (4) A corporation constituted by or under another Act appointed as a Crown land manager is authorised to accept the appointment, and to exercise all the functions of a Crown land manager, despite anything in the Act. (5) A local council may only be appointed as the Crown land manager of dedicated or reserved Crown land that is wholly or partly within the local government area of another local council with the consent of the other council. (6) The appointment of a qualified person as a Crown land manager does not make the person a statutory body representing the Crown if the person is not already one. 3.4 Appointment term (1) A Crown land manager is appointed for a term if— (a) the term is specified in the Crown land manager's original appointment instrument, or (b) the term is subsequently specified by a notice of the Minister published in the Gazette. (2) The Minister may, by notice published in the Gazette, extend the current term of a Crown land manager's appointment from time to time. 3.5 Content of appointment instrument (1) An appointment instrument may, in a manner not inconsistent with this Act, make provision for or with respect to any matter concerning the exercise of the management functions of the Crown land manager. (2) Without limiting subsection (1), the appointment instrument may make provision for or with respect to the following— (a) the kinds of functions that can (or cannot) be exercised, (b) the circumstances in which functions can (or cannot) be exercised, (c) conditions or other obligations in relation to the exercise of functions (including reporting requirements), (d) any other matter required or permitted by this Act or prescribed by the regulations. 3.6 Appointment cannot take effect unless notified in Gazette (1) A Crown land manager's appointment cannot take effect unless notice of the appointment is published in the Gazette. (2) The notice of the appointment must— (a) state the name of the appointee, and (b) specify the Crown land for which the appointee is the Crown land manager, and (c) specify the term (if any) of the appointment, and (d) specify any other details about the appointment that may be prescribed by the regulations. (3) A corporation can be appointed as a Crown land manager even if it does not yet exist, but only if its appointment takes effect on the day it comes into existence or on a later day specified in the notice of the appointment. (4) This section does not apply in relation to an appointment made, or taken to be made, by a provision of this Act or another Act. 3.7 Recording of Crown land manager in Register (1) If the Minister requests it, the Registrar-General must— (a) record particulars about the appointment of a Crown land manager of dedicated or reserved Crown land that the Registrar-General considers necessary in the folio of the Register for the land, and (b) alter or remove a recording about the appointment of a Crown land manager of dedicated or reserved Crown land that does not correctly or accurately state those particulars. (2) This section does not limit any power of the Registrar-General under Part 2 or 3 of the Real Property Act 1900 to alter the Register. 3.8 Appointment instruments for managers appointed by Acts (1) An appointment instrument may be given to a Crown land manager who has been appointed, or is taken to have been appointed, by a provision of this Act (for example, Schedule 7) or another Act. Note— Schedule 7 provides for certain persons to be appointed as Crown land managers for the purposes of this Act on repeal of the Crown Lands Act 1989. (2) The appointment instrument may include any provisions (including in relation to the term of the appointment), not inconsistent with the Act that made the appointment, that can be included in an appointment instrument for a Crown land manager and may be varied accordingly. 3.9 Variation of appointment The Minister may, by further appointment instrument given to a Crown land manager, vary the Crown land manager's appointment— (a) to include or alter provisions in the instrument in respect of the matters referred to in section 3.5, or (b) to allocate, or alter the allocation of, responsibility for the care, control and management of the Crown land concerned if there are one or more other Crown land managers for the land. 3.10 Revocation of appointment (1) The Minister may, by notice published in the Gazette, revoke a person's appointment as a Crown land manager at any time for any or no reason. (2) A person whose appointment as a Crown land manager is revoked is not entitled to any compensation for the revocation of the appointment. Note— See Parts 6 and 7 of Schedule 5 for when the Minister dissolves a statutory land manager. 3.11 Change of name does not affect appointment (1) A change in the name of a Crown land manager of dedicated or reserved Crown land does not operate to revoke the manager's appointment. (2) Accordingly, the renamed Crown land manager continues to be responsible for the care, control and management of the dedicated or reserved Crown land (including any accounts in authorised deposit-taking institutions or with utility providers, and insurance policies, under i