New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [History] [Help]

CROWN LAND MANAGEMENT ACT 2016

- As at 17 October 2018
- Act 58 of 2016

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY
   Note

           Division 1.1 - Introduction

   1.1.    Name of Act
   1.2.    Commencement
   1.3.    Objects of Act
   1.4.    Principles of Crown land management

           Division 1.2 - Interpretation

   1.5.    General definitions
   1.6.    Divisions of State

           Division 1.3 - Crown land

   1.7.    Definition of "Crown land"
   1.8.    When land is vested in Crown
   1.9.    When land ceases to be or is not Crown land
   1.10.   When land becomes Crown land because of this Act
   1.11.   Updating Crown land entries in Register
   1.12.   Relationship of Division with Real Property Act 1900

           Division 1.4 - Application of Act

   1.13.   Relationship between Schedules 1-4 and Parts 5-7
   1.14.   Application of Act
   1.15.   Dealings with Crown land generally subject to Act

   PART 2 - DEDICATED OR RESERVED CROWN LAND
   Note

           Division 2.1 - Introduction

   2.1.    Crown land to which Part applies
   2.2.    Exclusion of Crown land from Part

           Division 2.2 - Dedicated Crown land

   2.3.    Minister may dedicate Crown land
   2.4.    Adding other Crown land to existing dedicated Crown land
   2.5.    Proposed dedication or addition must be tabled in Parliament
   2.6.    Existing dedicated or reserved Crown land can be dedicated
   2.7.    Revocation of dedication

           Division 2.3 - Reserved Crown land

   2.8.    Minister may reserve Crown land
   2.9.    Adding other Crown land to existing reserved Crown land
   2.10.   Reserved Crown land can be reserved again
   2.11.   Revocation of reservation

           Division 2.4 - Use of dedicated or reserved Crown land

   2.12.   Dedicated or reserved Crown land to be used for limited purposes
   2.13.   Use of dedicated or reserved Crown land with multiple purposes
   2.14.   Additional purposes for dedicated or reserved Crown land
   2.15.   Alteration of purpose for dedicated or reserved Crown land
   2.16.   Removal of purpose for dedicated or reserved Crown land
   2.17.   Effect of dedication or reservation for public use

           Division 2.5 - Special powers of Minister

   2.18.   Special provisions relating to Minister's powers over dedicated or reserved Crown land
   2.19.   Secondary interests in dedicated or reserved Crown land
   2.20.   Short-term licences over dedicated or reserved Crown land

           Division 2.6 - General

   2.21.   Division of assets, rights and liabilities when land added to different dedicated or reserved Crown land
   2.22.   Responsibility for public reserves
   2.23.   Minister taken to give consent for certain development applications over dedicated or reserved Crown land
   2.24.   Limits on compensation payable for compulsory acquisition of dedicated or reserved Crown land
   2.25.   Notice of challenges to validity of interests in dedicated or reserved Crown land

   PART 3 - MANAGEMENT OF CROWN LAND
   Note

           Division 3.1 - Introduction

   3.1.    Responsibility for management of Crown land
   3.2.    Management of parts of Crown land

           Division 3.2 - Appointment of Crown land managers for dedicated or reserved Crown land

   3.3.    Minister may appoint Crown land managers
   3.4.    Appointment term
   3.5.    Content of appointment instrument
   3.6.    Appointment cannot take effect unless notified in Gazette
   3.7.    Recording of Crown land manager in Register
   3.8.    Appointment instruments for managers appointed by Acts
   3.9.    Variation of appointment
   3.10.   Revocation of appointment
   3.11.   Change of name does not affect appointment
   3.12.   End of appointment

           Division 3.3 - Functions of Crown land managers generally
           Note

   3.13.   Functions of Crown land managers
   3.14.   Allocation of responsibilities between multiple Crown land managers
   3.15.   Crown land management rules
   3.16.   Application of proceeds of managed Crown land
   3.17.   Application of certain special provisions to Crown land managers
   3.18.   Delegation of functions with Ministerial approval
   3.19.   Reports and information on other matters

           Division 3.4 - Crown land managed by councils
           Note

   3.20.   Application of Division
   3.21.   Management in accordance with Local Government Act 1993
   3.22.   Functions of council managers
   3.23.   Management of land as community land

           Division 3.5 - Crown land managed by other managers

   3.24.   Application of Division
   3.25.   Categories of non-council managers
   3.26.   Exercise of functions by category 1 non-council managers
   3.27.   Exercise of functions by category 2 non-council managers
   3.28.   Minor changes to leases or licences do not require Ministerial consent
   3.28A.  Acquisition of non-Crown land and certain interests in non-Crown land
   3.29.   Community advisory groups
   3.30.   Annual reports
   3.31.   Record keeping

           Division 3.6 - Plans of management and other plans

   3.32.   Application of Division
   3.33.   Preparation of draft plan of management
   3.34.   Guidelines for draft plans of management
   3.35.   Community engagement on draft plan of management
   3.36.   Adoption of plan of management
   3.37.   Alteration or cancellation of plan
   3.38.   Land may be used for additional purposes approved in plan of management
   3.39.   Approvals of activities under Local Government Act 1993 must comply with plans of management
   3.40.   Publication of plans of management
   3.41.   Other plans

           Division 3.7 - General

   3.42.   Effect of sale of dedicated or reserved Crown land by Crown land managers
   3.43.   Termination of certain leases and licences granted by Crown land managers
   3.44.   Preservation of certain leases and licences over land added to other dedicated or reserved Crown land
   3.45.   Inquiries and audits of affairs of Crown land managers
   3.46.   Compensation not generally payable for conduct of Crown land managers

   PART 4 - ACQUISITION OF LAND AND VESTING OF CROWN LAND
   Note

           Division 4.1 - Acquisition of land generally

   4.1.    Power of Minister to accept gifts of land
   4.2.    Acquisition of land for public purpose
   4.3.    Surrender of land or lease
   4.4.    Certain land may be declared to be Crown land

           Division 4.2 - Vesting of Crown land in local councils
           Note

   4.5.    Interpretation
   4.6.    Vesting of transferable Crown land in local councils
   4.7.    Content of council vesting notices
   4.8.    Classification of vested land under Local Government Act 1993
   4.9.    Effect of vesting
   4.10.   Registrar-General to record certain information about vested land

           Division 4.3 - Vesting of Crown land in other government agencies

   4.11.   Application of Division
   4.12.   Vesting of transferable Crown land in government agency
   4.13.   Content of government agency vesting notices
   4.14.   Effect of vesting
   4.15.   Registrar-General to record certain information about vested land

   PART 5 - DEALINGS INVOLVING CROWN LAND AND OTHER RELATED LAND
   Note

           Division 5.1 - Introduction

   5.1.    Application of Part
   5.2.    Terms and conditions of holdings generally prevail over Act and regulations

           Division 5.2 - Powers of Minister over Crown land

   5.3.    Powers of Minister generally

           Division 5.3 - Community engagement strategies

   5.4.    Definitions
   5.5.    Minister to approve community engagement strategies
   5.6.    Content of community engagement strategies
   5.7.    Requirements concerning approval of community engagement strategies
   5.8.    Compliance with community engagement strategies

           Division 5.4 - Sale of Crown land

   5.9.    Restrictions on sale or disposal of Crown land in Western Division
   5.10.   Sale of certain leased Crown land permitted
   5.11.   Conditions that may be included in contracts of sale and purchase applications
   5.12.   Imposition of conditions on sale of certain land
   5.13.   Restrictions on transfer of certain land
   5.14.   Effect of recording in Register
   5.15.   Securing payment from purchaser with mortgage

           Division 5.5 - Leases over Crown land

   5.16.   Term
   5.17.   Certain dealings to be leases
   5.18.   Application of Conveyancing Act 1919
   5.19.   Transfer restrictions to be recorded in Register
   5.20.   Removal of transfer restrictions from Register

           Division 5.6 - Licences over Crown land

   5.21.   Licences generally
   5.22.   Certain dealings to be licences
   5.23.   Revocation of licences
   5.24.   Restrictions on transfer of licences
   5.25.   Licences for removal of minerals
   5.26.   Licences for unauthorised users or occupiers of Crown land
   5.27.   Revocation of licence benefiting other land that is sold or leased again
   5.28.   Sublicences

           Division 5.7 - Special purpose holdings over Crown land

   5.29.   Definitions
   5.30.   Grant of special purpose holdings
   5.31.   Relationship between general purpose leases and special purpose holdings
   5.32.   Relationship between general purpose licences and special purpose holdings

           Division 5.8 - Enclosure permits for Crown roads and watercourses

   5.33.   Definitions
   5.34.   Granting of enclosure permits for Crown roads or watercourses
   5.35.   Enclosure of additional Crown roads or watercourses
   5.36.   Unauthorised enclosure of Crown roads or watercourses
   5.37.   Transfer of land--enclosure permit
   5.38.   Subdivision of land within which Crown road or watercourse is enclosed
   5.39.   Cancellation of enclosure permit and removal of structures
   5.40.   Cancellation or variation of enclosure permit following certain events
   5.41.   Combined enclosure permits
   5.42.   Access to enclosed Crown roads and alteration of enclosure structures
   5.43.   Cultivation of enclosed Crown roads
   5.44.   Responsibility for dividing fences
   5.45.   Certain gates erected under this Division to be treated as public gates

           Division 5.9 - Easements

   5.46.   Definitions
   5.47.   Grant of easements generally
   5.48.   Consent of holders generally required for creation or release of easement
   5.49.   When consent of holder not required for creation of easement over Crown land
   5.50.   Local councils to seek easements from Crown in certain cases
   5.51.   Creation of easements for public access
   5.52.   Rights of owners or lessees of land affected by public access easements
   5.53.   Release of easements benefiting Crown land
   5.54.   Method for granting or releasing easements under this Division
   5.55.   Recording of particulars of easement or release in Register

           Division 5.10 - Restrictions and covenants

   5.56.   Imposition of restrictions and covenants on Crown land
   5.57.   Removal of restrictions or covenants on Crown land

           Division 5.11 - Forestry rights and carbon related rights

   5.58.   Granting of forestry rights
   5.59.   Method for granting forestry rights and use restrictions and covenants
   5.60.   Other carbon related rights

           Division 5.12 - General

   5.61.   Payment of royalties, security deposits, fees or other amounts for holdings
   5.62.   Use of land for filming projects
   5.63.   Crown land acquired by purchase or exchange provides fee simple
   5.64.   Removal of recordings in Register

   PART 6 - RENTS FOR HOLDINGS
   Note

           Division 6.1 - Introduction

   6.1.    Definitions

           Division 6.2 - Payment of rent

   6.2.    Rent is generally payable for holding
   6.3.    Roles of Minister and Secretary
   6.4.    Annual rent cannot generally be less than minimum rent

           Division 6.3 - Determination, redetermination and adjustment of rents

   6.5.    General principles for rent determinations or redeterminations
   6.6.    Rent increases
   6.7.    Redetermination of rent
   6.8.    Objections to rent redeterminations

   PART 7 - ALTERATION, WITHDRAWAL AND FORFEITURE OF HOLDINGS
   Note

           Division 7.1 - Introduction

   7.1.    Definition

           Division 7.2 - Alterations, revocations and exemptions concerning conditions and other restrictions

   7.2.    Application
   7.3.    Alteration or revocation of conditions and purposes
   7.4.    Exemption from condition compliance
   7.5.    Rent redetermination following alteration, revocation or exemption
   7.6.    Removal of conditions and other restrictions
   7.7.    Recording of directions

           Division 7.3 - Withdrawal of land from holdings

   7.8.    Withdrawal of land from holding for public purposes

           Division 7.4 - Forfeiture of holdings

   7.9.    Minister may forfeit holdings
   7.10.   Forfeiture takes effect when notice given
   7.11.   Effect of forfeiture
   7.12.   Reversal of forfeiture
   7.13.   Appeal to Land and Environment Court against forfeiture of perpetual leases
   7.14.   Removal of entries in Register about mortgaged leases

           Division 7.5 - General

   7.15.   Forfeited, surrendered or vacant Crown land may be added to adjacent or adjoining holdings
   7.16.   Ownership of improvements when holding ends

   PART 8 - NATIVE TITLE RIGHTS AND INTERESTS
   Note

           Division 8.1 - Introduction

   8.1.    Definitions
   8.2.    Approved training or qualifications for native title managers
   8.3.    Relationship of Part with Local Government Act 1993

           Division 8.2 - Native title certificates

   8.4.    Issue of native title certificates

           Division 8.3 - Management of relevant land

   8.5.    Application of Division
   8.6.    Employment or engagement of native title manager
   8.7.    When advice of native title manager required
   8.8.    Notice of native title managers to be given to Minister
   8.9.    Compulsory acquisition of native title rights and interests requires Ministerial consent
   8.10.   Division does not affect compliance with native title legislation

           Division 8.4 - Compensation responsibilities

   8.11.   Application of Division
   8.12.   Compensation payable by person engaged in relevant conduct
   8.13.   Contributions and indemnification for compensation for relevant conduct

           Division 8.5 - General

   8.14.   Regulations concerning administration

   PART 9 - PROTECTION OF CROWN LAND
   Note

           Division 9.1 - Introduction

   9.1.    Definitions

           Division 9.2 - Improper use of Crown land

   9.2.    Unauthorised use of Crown land
   9.3.    Pollution or contamination involving Crown land
   9.4.    Authorised officers may give directions to stop structure or land use
   9.5.    Notices prohibiting structure or land use
   9.6.    Directions concerning vehicles on Crown land

           Division 9.3 - Unauthorised structures and materials on Crown land

   9.7.    Definitions
   9.8.    Claims concerning authorisation for structure or material
   9.9.    Removal of unauthorised structures or materials
   9.10.   Minister's powers over removed structure, materials or contents

           Division 9.4 - Removal of persons from Crown land

   9.11.   Removal of trespassers from Crown land
   9.12.   Removal of persons by employees of Crown land managers

           Division 9.5 - Remediation of damaged Crown land

   9.13.   Authorised officer may give remediation notice
   9.14.   Content of remediation notice
   9.15.   Minister may authorise certain other persons to carry out remediation work in non-compliance cases
   9.16.   Entry to land to carry out remediation work

           Division 9.6 - Stop activity orders

   9.17.   Definitions
   9.18.   Secretary may issue order to stop unsafe activities
   9.19.   Secretary may issue order to stop unlawful activities
   9.20.   Content and duration of stop activity orders

           Division 9.7 - General

   9.21.   Appeals to Land and Environment Court
   9.22.   Defence of lawful authority
   9.23.   How direction is given
   9.24.   Impounding of animals and articles
   9.25.   Regulations concerning care, control and management of Crown land

   PART 10 - INVESTIGATION OF COMPLIANCE
   Note

           Division 10.1 - Introduction

   10.1.   Definition
   10.2.   When functions are exercised for a compliance purpose under Part

           Division 10.2 - Compliance generally

   10.3.   Offence: contravention of requirement under Part
   10.4.   Offence: false or misleading conduct under Part
   10.5.   Offences: obstruction or impersonation of authorised officer

           Division 10.3 - Authorised officers

   10.6.   Authorised officers
   10.7.   Exercise of functions by authorised officers
   10.8.   Identity cards
   10.9.   Arrangements with other government agencies

           Division 10.4 - Powers to require information or records

   10.10.  Application of Division
   10.11.  Requirement to provide information and records to Minister
   10.12.  Requirement to provide information and records to authorised officer
   10.13.  Matters to be specified by notice
   10.14.  Provisions relating to records

           Division 10.5 - Powers of entry and search of land and structures

   10.15.  Powers of authorised officers to enter land and structures
   10.16.  Entry into residential premises only with permission or warrant
   10.17.  Powers of authorised officers to do things on entry
   10.18.  Search warrants
   10.19.  Authorised officers may request assistance
   10.20.  Assistance to be given to authorised officers
   10.21.  Care to be taken
   10.22.  Compensation

           Division 10.6 - Powers to question and identify persons

   10.23.  Power of authorised officers to require answers
   10.24.  Recording of evidence
   10.25.  Power of authorised officers to demand name and address

           Division 10.7 - Power to seize vehicles

   10.26.  Seizure of vehicles for continuing vehicle offences
   10.27.  Forfeiture of vehicles by order of court

           Division 10.8 - Functions in relation to seized things

   10.28.  Definitions
   10.29.  Receipt for seized things
   10.30.  Return of seized things
   10.31.  Certification of inability to return seized thing
   10.32.  Court order requiring delivery of seized thing
   10.33.  Forfeiture of seized thing
   10.34.  Dealing with forfeited things

           Division 10.9 - General

   10.35.  Provisions relating to requirements to provide records, information or answer questions
   10.36.  Revocation or variation of notices

   PART 11 - ENFORCEMENT
   Note

           Division 11.1 - Proceedings for offences

   11.1.   Nature of proceedings for offences
   11.2.   Time for commencement of proceedings for offences
   11.3.   Penalty notices
   11.4.   Legal proceedings do not affect, and unaffected by, other action under this Act

           Division 11.2 - Liability for offences

   11.5.   Offences by corporations
   11.6.   Continuing offences
   11.7.   Maximum penalties for certain significant offences
   11.8.   Liability of responsible person for vehicle, stock or structure offences

           Division 11.3 - Court orders in connection with offences

   11.9.   Operation of Division
   11.10.  Orders generally
   11.11.  Orders for restoration and prevention
   11.12.  Orders for costs, expenses and compensation at time offence proved
   11.13.  Recovery of costs, expenses and compensation after offence proved
   11.14.  Orders regarding costs and expenses of investigation
   11.15.  Orders regarding monetary benefits
   11.16.  Additional orders
   11.17.  Offence: refusal or failing to comply with order under Division

           Division 11.4 - Civil proceedings to enforce undertakings

   11.18.  Minister may accept certain undertakings
   11.19.  Enforcement of undertaking

           Division 11.5 - Evidentiary provisions

   11.20.  Documentary evidence generally
   11.21.  Certificate evidence of certain matters

   PART 12 - ADMINISTRATION
   Note

           Division 12.1 - Administration generally

   12.1.   Responsibility of Minister
   12.2.   Crown land commissioner
   12.3.   Delegation of functions by Minister, Ministerial Corporation, Secretary or Crown land commissioner
   12.4.   Administration arrangements with other public authorities

           Division 12.2 - Ministerial Corporation

   12.5.   Constitution of Lands Administration Ministerial Corporation
   12.6.   Functions of Ministerial Corporation

           Division 12.3 - Finance

   12.7.   Payments due under Act
   12.8.   Fees for services
   12.9.   GST may be added to certain amounts
   12.10.  General provisions applicable to CPI adjustment
   12.11.  Recovery of money
   12.12.  Interest on arrears
   12.13.  Holding cannot be transferred if in arrears
   12.14.  Forfeiture or end of holding or permit does not extinguish debts
   12.15.  Waiver, reduction, remission, postponement or rebate of certain amounts
   12.16.  Alteration of due dates for payments

           Division 12.4 - State strategic plan for Crown land

   12.17.  Purpose and term of State strategic plan for Crown land
   12.18.  Preparation of draft State strategic plan for Crown land
   12.19.  Contents of draft State strategic plan for Crown land
   12.20.  Community engagement on draft State strategic plan for Crown land
   12.21.  Submission of draft State strategic plan for Crown land for approval
   12.22.  Approval of draft State strategic plan for Crown land
   12.23.  Publication of State strategic plan for Crown land
   12.24.  Amendment, replacement or revocation of State strategic plans for Crown land
   12.25.  Periodic review of State strategic plans for Crown land

           Division 12.5 - Crown Reserves Improvement Fund

   12.26.  Definitions
   12.27.  Establishment and administration of Crown Reserves Improvement Fund
   12.28.  Payments into Crown Reserves Improvement Fund
   12.29.  Payments from Crown Reserves Improvement Fund
   12.30.  Investment of money in Crown Reserves Improvement Fund
   12.31.  Insurance premiums

           Division 12.6 - Notices and other documents

   12.32.  Service of documents
   12.33.  When notices and other documents take effect
   12.34.  Ministerial notices published in the Gazette may be combined

           Division 12.7 - General

   12.35.  Evidence of land being measured
   12.36.  Effect of creation of folio in Register for certain matters
   12.37.  Personal liability in connection with administration of Act
   12.38.  Compensation not payable

   PART 13 - MISCELLANEOUS
   Note

   13.1.   Limitation on acquisition of title by possession against Crown
   13.2.   Exclusion of minerals and qualifications from dealings under Act
   13.3.   Entitlements over land with boundaries to lakes, rivers or roads
   13.4.   Application of Environmental Planning and Assessment Act 1979
   13.5.   Regulations
   13.6.   Review of Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           Schedule 8 (Repealed)


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback