New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 3.23

3.23 Management of land as community land

(1) Application This section applies to a council manager that is required by this Division to manage dedicated or reserved Crown land as if it were community land under the Local Government Act 1993 .

(2) Initial assignment of categories The council manager must, as soon as practicable after it becomes the manager of the dedicated or reserved Crown land (including because of the operation of Schedule 7), assign the land to one or more categories of community land referred to in section 36 of the Local Government Act 1993 .

Note : Section 36 (4) of the Local Government Act 1993 requires a draft plan of management for community land to categorise the land by reference to one or more of the following categories--

(a) a natural area,

(b) a sportsground,

(c) a park,

(d) an area of cultural significance,

(e) general community use.

It also enables land that is categorised as a natural area to be further categorised as bushland, wetland, escarpment, watercourse, foreshore or a category prescribed by the regulations under that Act (or a combination of these).

(3) The assigned category or categories must be those that the council considers to be the category or categories that are most closely related to the purposes for which the land is dedicated or reserved.

(4) The council manager must give written notice to the Minister of the categories to which it has assigned the land as soon as practicable after assigning them.

(5) The Minister may, by written notice given to the council manager, require the manager to alter an assigned category if the Minister considers that--

(a) the assigned category is not the most closely related to the purposes for which the land is dedicated or reserved, or

(b) the management of the land by reference to the assigned category is likely to materially harm the use of the land for any of the purposes for which it is dedicated or reserved.

(6) Adoption of plans of management Plans of management for the land are to be prepared and adopted in accordance with the provisions of Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993 , subject to this section.

(7) The following provisions apply during the period of 3 years after the commencement of this section (the
"initial period" )--

(a) a council manager must ensure that the first plan of management applicable to the land is adopted as soon as practicable within the initial period,

(b) the first plan of management may be prepared and adopted under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993 by--

(i) amending an existing plan of management so that it applies to the land, or

(ii) adopting a new plan of management for, or that includes, the land,

(c) if the draft first plan of management results in the land being categorised by reference to categories assigned as provided by this section, the council manager will not be required to hold public hearings under section 40A of the Local Government Act 1993 , but must give public notice of it as required by section 38 of that Act,

(d) if the draft first plan of management alters the categories assigned as provided by this section, the council manager must--

(i) obtain the written consent of the Minister to adopt the plan if the re-categorisation would require an addition to the purposes for which the land is dedicated or reserved, and

(ii) hold public hearings under section 40A of the Local Government Act 1993 ,

(e) section 37 (b), (c) and (d) of the Local Government Act 1993 do not apply to the first plan of management,

(f) section 44 of the Local Government Act 1993 applies to the land pending the adoption of a plan of management,

(g) this subsection does not apply to any further plans of management (or amendments to plans of management) made during the initial period.

(8) To avoid doubt, Chapter 6 of the Local Government Act 1993 (except section 37 (b), (c) and (d)) will apply to plans of management made after the first plan of management is made during the initial period.

(9) Alteration of land categorisation The categorisation of land by a plan of management cannot be altered by a further plan of management unless the Minister has given written consent for the further plan to alter it.

(10) The Minister cannot give written consent to the alteration of the categorisation of land if the Minister considers that the alteration is likely to materially harm the use of the land for any of the purposes for which it is dedicated or reserved.

(11) A written consent given by the Minister to the alteration of the categorisation of land operates as if the Minister had authorised the land to be used for additional purposes under section 2.14 that correspond to the purposes for which community land of that category can be used.

(12) An additional purpose taken to be authorised by subsection (11) does not cease to be an authorised purpose for which the land is dedicated or reserved if the council manager concerned ceases to be the Crown land manager of the land.