New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 7.8

7.8 Withdrawal of land from holding for public purposes

(1) The Minister may, by notice published in the Gazette, withdraw land required for a public purpose from any holding.

(2) A withdrawal does not operate to extinguish any debt to the Crown relating to the land withdrawn, except to the extent to which the Minister directs.

(3) The Minister may, by notice published in the Gazette, revoke or modify any withdrawal.

(4) Compensation is payable for the withdrawal of land under this section, but subject to the conditions or provisions applying to the holding concerned.

(5) The provisions of the Land Acquisition (Just Terms Compensation) Act 1991 relating to the payment of compensation for land acquired by compulsory process apply, with any modifications that may be prescribed by the regulations, to the payment of compensation under this section.

(6) On the withdrawal of land from a holding, the Secretary may--

(a) if the rent payable in respect of the holding is subject to periodic redetermination--redetermine the rent and adjust (in proportion to the land withdrawn) any other money payable in respect of the lease or licence, or

(b) if the rent is not subject to periodic redetermination--proportionately adjust--

(i) the rent and any other money payable in respect of the holding, and

(ii) if the withdrawal is from a lease--any rent base for the lease.

(7) If part of a rent base apportioned under subsection (6) is less than the minimum rent base, that part of the rent base is increased to the minimum rent base.

(8) Part 6 applies to the redetermination of rent for a holding under this section.

(9) In this section--

"minimum rent base" means $472 or any other amount that may be prescribed by the regulations.

"public purpose" includes any of the following--

(a) the purpose of a road,

(b) the purpose of a travelling stock route,

(c) the purpose of a camping reserve or other reserve,

(d) a purpose of a kind prescribed by the regulations for the purposes of this definition or specified by a notice published by the Minister in the Gazette.