New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 3.22

3.22 Functions of council managers

(1) Except as provided by subsection (2) or (3), a council manager of dedicated or reserved Crown land--

(a) must manage the land as if it were community land under the Local Government Act 1993 , and

(b) has for that purpose all the functions that a local council has under that Act in relation to community land (including in relation to the leasing and licensing of community land).

(2) A council manager of dedicated or reserved Crown land that is a public reserve (as defined in the Local Government Act 1993 )--

(a) must manage the land as a public reserve under that Act, and

(b) has for that purpose all the functions that a local council has under that Act in relation to a public reserve.

Note--: Section 2.22 enables the Minister to assume responsibility from a local council for the care, control and management of dedicated or reserved Crown land that is a public reserve.

(3) A council manager of dedicated or reserved Crown land that is classified, with the written consent of the Minister under this section, as operational land under the Local Government Act 1993 --

(a) must manage the land as if it were operational land under that Act, and

(b) has for that purpose all the functions that a local council has under that Act in relation to operational land.

(4) However, a council manager of dedicated or reserved Crown land cannot--

(a) sell or dispose of the land in any other way unless the Minister gives written consent for it, or

(b) classify the land as operational land under the Local Government Act 1993 unless the Minister gives written consent for it, or

(c) do any other thing under the Local Government Act 1993 that would involve a contravention of a provision of this Act that applies to council managers, or

(d) do anything that contravenes--

(i) any limitations or other restrictions specified by the provisions of the manager's appointment instrument, or

(ii) the regulations, or

(iii) any applicable Crown land management rules, or

(iv) any applicable plan of management under Division 3.6 (if there is no requirement for a plan of management under the Local Government Act 1993 ).

(5) The Minister may give written consent under subsection (4) (b) for the classification of land as operational land only if the council manager satisfies the Minister that--

(a) the land does not fall within any of the categories for community land under the Local Government Act 1993 , or

(b) the land could not continue to be used and dealt with as it currently can if it were required to be used and dealt with as community land.