New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 2.18

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.