New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 2.19

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.