New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 3.28A

3.28A Acquisition of non-Crown land and certain interests in non-Crown land

(1) When land and interests can be acquired A non-council manager of dedicated or reserved Crown land may, with the Minister's written consent, purchase, lease or acquire an easement over any other land if it is required for use in connection with the dedicated or reserved Crown land.

(2) A non-council manager may also, with the Minister's written consent, purchase any land so as to make it available for one or more proposed future uses as dedicated or reserved Crown land.

Note : Section 4.4 enables the Minister to declare land to be Crown land if it is land acquired by a Crown land manager in the capacity of the Crown land manager of dedicated or reserved Crown land.

(3) The Minister is to specify the proposed uses for land in a written consent given under subsection (2).

(4) Land that is purchased or leased (or over which an easement is acquired) under this section does not have to be dedicated or reserved Crown land.

(5) How acquired land to be managed Subject to the regulations, the non-council manager must manage any land it purchases or leases (or over which an easement is acquired) under this section as if it were--

(a) for land purchased or leased (or over which an easement is acquired) under subsection (1)--Crown land reserved or dedicated for the same purposes as the dedicated or reserved Crown land, and

(b) for land purchased under subsection (2)--Crown land reserved for the purposes of the proposed uses specified in the Minister's written consent for the purchase.

(6) The regulations may make provision for or with respect to the modification of the provisions of this Act in their application to land that is purchased or leased (or over which an easement is acquired) under this section.

(7) Minister may direct sale of land or interests that are no longer needed The Minister may, by written notice given to the non-council manager, direct the manager to sell any land (or interest in land) acquired under this section if the Minister is satisfied that the land is no longer needed for the purposes for which it was acquired.

(8) The direction may authorise the non-council manager to apply the proceeds of the sale--

(a) for the purposes of the management and care of any dedicated or reserved Crown land that is managed by the manager, or

(b) for the purpose of acquiring other land.

(9) The non-council manager must comply with the direction.

(10) Effect of section on non-management functions Nothing in this section limits any power that a non-council manager has apart from this section to acquire land (or interests in land) when it is not exercising the functions of a non-council manager.

Note : For example, a non-council manager may be a corporation that has other functions apart from being a non-council manager. In that case, this section does not limit the corporation's power to acquire land in exercise of its other functions.