New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 4.1

4.1 Power of Minister to accept gifts of land

(1) The Minister may acquire any land by gift for the purposes of this Act and may agree to the conditions of the gift.

(2) Land acquired under this section--

(a) becomes Crown land, and

(b) cannot be dealt with in contravention of a condition to which the Minister has agreed.

Note : See section 1.10 (When land becomes Crown land because of this Act).

(3) The rule of law against remoteness of vesting does not apply to any condition to which the Minister has agreed.

(4) Without limiting subsection (1), the Minister may agree to conditions that involve--

(a) excluding members of the public from the land, or

(b) excluding or limiting the exercise of functions under this Act in respect of the land.

(5) Despite anything in this Act, another Act or any rule of law--

(a) the Minister may transfer land acquired under this section (or grant a lease, permit, licence, easement or right of way over the land) in accordance with an agreed condition, and

(b) the land may be transferred (or the lease, permit, licence, easement or right of way may be granted) without consideration or, if the condition provides, for the consideration that is provided for by the condition.

(6) If an agreed condition provides for it, the Minister may pay the cost (or part of the cost) of the transfer of the land to the Minister and any subsequent dealing with the land.

(7) A condition of a gift has no effect for the purposes of this section unless it is expressed in writing in the agreement or instrument that provides for the gift.

(8) In this section--

"gift" includes a devise or bequest.