New South Wales Consolidated Acts

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CROWN LAND MANAGEMENT ACT 2016 - SECT 5.8

Compliance with community engagement strategies

5.8 Compliance with community engagement strategies

(1) A responsible person for dealings proposing to undertake a dealing or other action affecting Crown land use must comply with any requirements of a community engagement strategy that applies to the dealing or other action.
(2) Any non-compliance with a requirement of the community engagement strategy does not affect the validity of a dealing or other action affecting Crown land use to which it applies unless the strategy provides that compliance with the requirement is mandatory for the purposes of this section.
(3) Despite subsection (2), non-compliance with a mandatory requirement of a community engagement strategy does not affect--
(a) any interest in or right over Crown land that a person has acquired in good faith as a result of a dealing or other action affecting Crown land use to which the strategy applies, or
(b) any dealing or other action affecting Crown land use to which the strategy applies if the non-compliance was inadvertent or did not significantly limit the capacity of the community to be informed or express concerns about the dealing or other action before it occurred.
(4) A person has
"acquired an interest in or right over Crown land in good faith" if the person did not have notice of--
(a) the non-compliance, or
(b) any circumstances from which the non-compliance might have been discovered if the person had made reasonable inquiries.
(5) This section applies despite any other provision of this Act (including Schedules 1-4).



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