New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - As at 30 June 2024 - Act 58 of 2016 - NOTES

(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).

(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.

(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.

(a) the Minister to acquire land for the purposes of this Act (including by way of gifts), and

(b) the Minister to declare certain land to be Crown land, and

(c) the Minister to vest Crown land in local councils and certain other government agencies, and

(d) the owner of land, or the holder of a holding, to surrender it to the Crown.

(a) to sell Crown land and impose conditions, restrictions and covenants over the land that will apply after it is sold, and

(b) to grant leases, licences, permits, easements and rights of way over Crown land, and

(c) to grant forestry rights (including carbon sequestration rights) over Crown land.

(a) the Minister to grant enclosure permits to enable permit holders to enclose Crown roads and watercourses that cross Crown land or freehold land, and

(b) easements for public access to be created over Crown land or freehold land.

(a) when determining rent on granting or renewing a holding--the Minister,

(b) when redetermining or adjusting rent for a holding during its term--the Secretary.

(a) to alter or revoke the conditions or purposes of a holding (or exempt holders of holdings from conditions of the holding), and

(b) to withdraw land from a holding for public purposes, and

(c) to declare that a holding is forfeited for contraventions of provisions of this Act or another Act or the conditions of the holding and for certain other reasons.

(a) the issuing of native title certificates by the Minister, and

(b) the obligations of certain Crown land managers for dedicated or reserved Crown land and local councils vested with Crown land in connection with the management of native title issues in relation to the land (including using native title managers to provide advice on certain dealings with the land), and

(c) compensation responsibilities concerning native title rights and interests for the conduct of these Crown land managers and local councils.

(a) to use Crown land for certain purposes, or

(b) to pollute or contaminate Crown land.

(a) the Minister to appoint authorised officers,

(b) the Minister and authorised officers to obtain information and records,

(c) authorised officers to enter and search non-residential land or structures (and to obtain search warrants to enter and search residential land or structures),

(d) authorised officers to question and identify persons,

(e) authorised officers to seize vehicles used in connection with certain offences.

(a) contravening certain requirements made of persons under this Part, or

(b) knowingly engaging in false or misleading conduct in trying to comply with a requirement of this Part, or

(c) obstructing or impersonating an authorised officer.

(a) criminal proceedings to be dealt with summarily rather than on indictment, and

(b) the time within which criminal proceedings may be commenced, and

(c) penalty notices to be issued for offences prescribed by the regulations instead of commencing criminal proceedings, and

(d) the determination of liability for offences (including those by corporations and in respect of continuing offences or offences involving vehicles, stock or structures), and

(e) increased penalties for certain offences committed in particular circumstances of aggravation, and

(f) a court in criminal proceedings to have certain additional remedial powers, and

(g) the Land and Environment Court to make restoration orders.

(a) the functions of the Minister in administering this Act, and

(b) the appointment of Crown land commissioners and their functions, and

(c) the constitution of the Lands Administration Ministerial Corporation and its functions, and

(d) financial matters, and

(e) the establishment and use of the Crown Reserves Improvement Fund, and

(f) the service, giving and use of notices and other documents for the purposes of this Act.

(a) provisions that limit the acquisition of title by possession against the Crown, and

(b) provisions concerning the exclusion of minerals from sales, leases or other disposals of land under this Act, and

(c) provisions about the determination of the boundaries of land with a lake, river or road, and

(d) provisions that deem certain conditions and restrictions on land under this Act to be regulatory instruments for the purposes of section 28 of the Environmental Planning and Assessment Act 1979 that can be suspended by an environmental planning instrument, and

(e) a provision concerning review of the operation of this Act as soon as possible after the period of 5 years after the date of assent to this Act.

Does not include amendments by--

Sec 9.25 (3) of this Act (sec 9.25 (3) repeals sec 9.25 (2) (j) and (k) and (3) on a day to be appointed by proclamation)
Cl 54 of Sch 3 to this Act (cl 54 of Sch 3 repeals the provisions of Part 6 of Sch 3 on a day or days to be appointed by proclamation)

Historical notes

Table of amending instruments

Table of amendments