New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 5.9

5.9 Restrictions on sale or disposal of Crown land in Western Division

(1) The Minister cannot sell Crown land in the Western Division or dispose of it in any other way unless the Minister is satisfied that--

(a) the land is in an urban area, or

(b) the land is in an area required for urban expansion, or

(c) the land is located within a distance prescribed by the regulations from an urban area and its sale will contribute to the economic growth of the region in which both the land and urban area are located, or

(d) the land is in a rural area and is used predominantly for residential, business, industrial or community purposes, or

(e) the land, or substantial areas of the land, fall within LSC Class 1, 2, 3 or 4 under the Land and Soil Capability Assessment Scheme, or

(f) the land is leased under this Act and the land, or substantial areas of the land, fall within LSC Class 5 or 6 under the Land and Soil Capability Assessment Scheme, but only if--

(i) a cultivation consent (as defined in Part 5 of Schedule 3) is in force for the whole or substantial areas of the land, or

(ii) the lease authorises the whole or substantial areas of the land to be used for the purposes of cultivation, agriculture, horticulture or viticulture or a similar purpose.

Note : Schedule 4 also contains special provisions that enable the sale of land in the Western Division to certain holders of purchasable leases over land in that Division.

(2) The regulations may make provision for or with respect to--

(a) the classification or identification of land for the purposes of subsection (1) (a), (b), (c) or (d), and

(b) prescribing replacement classes of land for the purposes of subsection (1) (e) or (f) if any of the classes referred to in those provisions changes or ceases to be used.

(3) In this section--

"Land and Soil Capability Assessment Scheme" means the scheme documented in--

(a) The land and soil capability assessment scheme--second approximation (ISBN 978 1 74293 634 5) published by the Office of Environment and Heritage in October 2012, or

(b) any other publication prescribed by the regulations as being a replacement publication.