New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 5.57

5.57 Removal of restrictions or covenants on Crown land

(1) The Minister may consent to the removal of a restriction or covenant on Crown land imposed under this Division.

Note : Division 2 of Part 2 of Schedule 7 provides for restrictions on use, and public positive covenants, on Crown land imposed under the Crown Lands Act 1989 to continue in effect under this Act. Accordingly, they can be removed under the provisions of this Act (including this section).

(2) Where the restriction or covenant was originally imposed under Part 4A of the Crown Lands Act 1989 , the Minister must consent to its removal if--

(a) the land is being sold or an application to purchase the land under a purchasable lease is granted, and

(b) the purchaser or applicant requests its removal and provides the Minister with any documentation required by the Minister to give effect to its removal.

(3) However, the Minister cannot consent to the removal of a restriction or covenant on Crown land originally imposed under Part 4A of the Crown Lands Act 1989 without the consent of the Minister for the Environment if the land--

(a) adjoins or abuts, or is within 100 metres of, land dedicated or reserved under the National Parks and Wildlife Act 1974 , or

(b) is within, or comprises or contains, or is part of, or adjoins or abuts, or is within 100 metres of--

(i) a wilderness area (as defined in the Wilderness Act 1987 ), or

(ii) land for the time being identified as wilderness under that Act.

(4) Also, the Minister cannot consent to the removal of a restriction or covenant on Crown land originally imposed under section 77B of the Crown Lands Act 1989 unless satisfied, having regard to the prescribed assessment principles, that it is appropriate to do so.

(5) The regulations may make provision for or with respect to principles (the
"prescribed assessment principles" ) to be applied by the Minister when deciding whether it is appropriate to consent to the removal of a restriction or covenant on Crown land originally imposed under section 77B of the Crown Lands Act 1989 .

(6) The Minister is not to recommend to the Governor the making of a regulation that provides for or amends the prescribed assessment principles unless the Minister has certified that the Office of Environment and Heritage was consulted about the principles or amendment.

(7) Except as provided by subsections (2), (3) and (4), this section does not limit the circumstances in which the Minister may decide to remove (or consent to the removal of) a restriction or covenant on Crown land.

(8) In this section--

"Crown land" includes former Crown land.