New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 5.51

5.51 Creation of easements for public access

(1) An easement for public access may be granted--

(a) for Crown land proposed to be sold under this Act--by the Minister at any time before the sale, or

(b) for dedicated or reserved Crown land--by the Minister, or

(c) for Crown land authorised to be sold or transferred by the Minister under another Act--by the Minister at any time before the sale or transfer, or

(d) for land under a lease from the Crown--by the Minister with the consent of the holder of the lease, or

(e) for freehold land--by its owner.

(2) An easement for public access may be granted for the benefit of the Crown without a dominant tenement.

(3) An easement for public access may be defined by reference to a natural or physical feature as it exists from time to time.

(4) An easement for public access over land confers on the public a right to enter the land and to carry on any activity except an activity of a kind prescribed by the regulations (a
"prescribed activity" ).

(5) A person must not carry on a prescribed activity on land that is subject to an easement for public access.

: Maximum penalty--100 penalty units.

(6) This section extends to Crown land regardless of whether or not--

(a) there is a holding or enclosure permit over it, or

(b) it is dedicated or reserved Crown land.