New South Wales Consolidated Acts

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Exercise of functions by category 1 non-council managers

3.26 Exercise of functions by category 1 non-council managers

(1) A non-council manager of dedicated or reserved Crown land assigned to category 1 may, with the written consent of the Minister, exercise any of the functions of the Minister over the land.
Note : Part 8 includes provisions that are applicable to category 1 non-council managers concerning the management of land over which there may be native title rights and interests.
(2) Despite subsection (1), the non-council manager is not required to obtain the Minister's consent for the exercise of any of the following functions of the Minister--
(a) granting leases or licences for a term of 10 years or less (including any option for the grant of a further term),
(b) granting easements in connection with these leases or licences,
(c) making minor changes to leases or licences under section 3.28,
(d) any other kind of functions authorised by the manager's appointment instrument, the regulations or an applicable plan of management under Division 3.6.
(3) A non-council manager that grants a lease or licence for a term of more than one year without the Minister's written consent must give the Minister written notice of the grant of the lease or licence within 14 days after it is granted. A failure to comply with this subsection does not, however, affect the validity of the lease or licence.
(4) A non-council manager must indemnify the State against any liability that the manager may incur as a result of the manager doing any of the following unless the manager sought and obtained the written consent of the Minister before doing it--
(a) granting a lease or licence (including any easements granted in connection with it),
(b) changing a lease, licence or easement that the manager (or a previous manager) has granted.

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