New South Wales Consolidated Acts

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CROWN LAND MANAGEMENT ACT 2016 - SECT 2.23

Minister taken to give consent for certain development applications over dedicated or reserved Crown land

2.23 Minister taken to give consent for certain development applications over dedicated or reserved Crown land

(1) This section--
(a) applies in relation to dedicated or reserved Crown land for the purposes of the Environmental Planning and Assessment Act 1979 (and any instrument made under that Act), and
(b) has effect despite anything in that Act (or any instrument made under that Act).
(2) The Minister is taken to have given written consent on behalf of the Crown (as the owner of dedicated or reserved Crown land) for its Crown land manager or the holder of a lease or licence over the land to make a development application relating to any of the following kinds of development--
(a) without limiting paragraph (g), the repair, maintenance, restoration or renovation of an existing building on the land if it will not do any of the following--
(i) alter the footprint of the building by adding or removing more than one square metre (or any other area that may be prescribed by the regulations),
(ii) alter the existing building height by adding or removing one or more storeys,
(iii) involve excavation of the land,
(b) the erection of a fence approved by the manager or the repair, maintenance or replacement of a fence erected with the manager's approval,
(c) the use of the land for any of the following purposes--
(i) a purpose for which the land may be used under this Act,
(ii) a purpose for which a lease or licence has been granted under this Act,
(d) the erection of signage approved by the manager or the repair, maintenance or replacement of signage erected with the manager's approval,
(e) the erection, repair, maintenance or replacement of a temporary structure on the land,
(f) the installation, repair, maintenance or replacement of services on the land,
(g) the erection, repair, maintenance or replacement of any of the following on the land--
(i) a building or other structure on the land permitted under the lease,
(ii) a toilet block,
(iii) a structure for the protection of the environment,
(h) the carrying out on the land of any other development of a kind prescribed by the regulations or permitted under a plan of management for the land.
(3) Subsection (2) does not apply in relation to any development that involves any of the following--
(a) the subdivision of land,
(b) the carrying out of development of a kind excluded by the regulations.
(4) Any regulations made for the purposes of subsection (3) (b) may exclude the whole or any part of a kind of development specified by subsection (2).
(5) To avoid doubt, the Minister's consent on behalf of the Crown (as the owner of dedicated or reserved Crown land) to lodgment of a development application in respect of that land is required for the carrying out of any development to which subsection (2) does not apply.



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