New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 1.10

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.