New South Wales Consolidated Acts New South Wales Consolidated ActsIntroductory note : This Schedule contains savings, transitional and other provisions consequent on the enactment of this Act and certain other Acts. It also enables the regulations to make provision for savings and transitional matters for this purpose.
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any other Act that amends this Act.
(2) If the regulations so provide, any such provision may--(a) have effect despite any specified provisions of this Act (including a provision of this Schedule or Schedules 1-4), and(b) take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(4) A regulation made for the purposes of this clause may make separate savings and transitional provisions or amend this Schedule or Schedules 1-4 to consolidate the savings and transitional provisions.
(1) In this Part--
"abolished" , in relation to a person, body or trust, means abolished under this Part.
"amending Act" means the Crown Land Legislation Amendment Act 2017 .
"continuation period" in relation to a transitional reserve trust--see clause 10A.
"corresponding function" in relation to a function is defined in clause 3 (1).
"corresponding provision" in relation to a provision is defined in clause 3 (1).
"institutional public trust land" is defined in Division 6 of this Part.
"Orange Show Ground" means the land to which the Orange Show Ground Act 1897 applied (which is the land comprised in Crown Grant Volume 1182, Folio 96).
"reconstituted" , in relation to a body, means the body as reconstituted under this Part.
"repeal day" means the day on which the Crown Lands Act 1989 is repealed by this Act.
"repealed Act" or
"repealed statutory rule" means an Act or statutory rule repealed by this Act or the amending Act.
"reserve trust" means any reserve trust (as defined in Part 5 of the Crown Lands Act 1989 ) except a special reserve trust, and includes each of the following--(a) a Crown cemetery trust (as defined in the Cemeteries and Crematoria Act 2013 ),(b) the Hawkesbury Racecourse Reserve Trust referred to in section 5 of the Hawkesbury Racecourse Act 1996 ,(c) the Wagga Wagga Racecourse Reserve Trust referred to in section 5 of the Wagga Wagga Racecourse Act 1993 ,(d) the Burrinjuck Waters State Park Trust referred to in clause 15 of Schedule 7 to the National Park Estate (Southern Region Reservations) Act 2000 ,(e) the reserve trust referred to in section 47N (2) of the National Parks and Wildlife Act 1974 ,(f) any other trust or a person or body that is taken to be constituted as a reserve trust for the purposes of the Crown Lands Act 1989 (whether by that Act or another Act).
"reserve trust board" , in relation to a reserve trust, means the trust board appointed for the trust (whether under the provisions of the Crown Lands Act 1989 , the Cemeteries and Crematoria Act 2013 or any other Act that provides for the appointment of trust board members for the trust concerned).
"special reserve trust" means each of the following--(a) the Luna Park Reserve Trust taken to have been established as provided by section 7 of the Luna Park Site Act 1990 ,(b) the National Parks and Wildlife Reserve Trust established as provided by section 9 of the National Park Estate (Land Transfers) Act 1998 ,(c) the Sydney Cricket and Sports Ground Trust constituted by the Sydney Cricket and Sports Ground Act 1978 ,(d) any other trust, or a person or body, prescribed by the regulations.
"transition day" means--(a) in relation to a transitional reserve trust managed by a local council--1 July 2019, or(b) in relation to a transitional reserve trust managed by a corporation (other than a category 1 non-council manager)--1 July 2020, or(c) in relation to a transitional reserve trust managed by a corporation that is a category 1 non-council manager--1 July 2024.
"transitional reserve trust" --see clause 10A.
(2) For the purposes of this Part, proceedings are not finally determined if--(a) any period for bringing an appeal as of right in respect of the proceedings has not expired (ignoring any period that may be available by way of extension of time to appeal), or(b) any appeal in respect of the proceedings is pending (whether or not it is an appeal brought as of right).
(1) For the purposes of this Part--(a) a provision of this Act is a
"corresponding provision" in relation to a provision of a repealed Act or repealed statutory rule if the provision of this Act corresponds (or substantially corresponds) to the provision of the repealed Act or rule, and(b) a function conferred or imposed by this Act is a
"corresponding function" in relation to a function conferred or imposed by a repealed Act or repealed statutory rule if the function conferred or imposed by this Act corresponds (or substantially corresponds) to the function conferred or imposed by the repealed Act or rule.
(2) The regulations may, for the purposes of subclause (1), declare a provision of or function under this Act to be a corresponding provision or corresponding function for a provision of or function under a repealed Act or repealed statutory rule. The regulations may do so even if the provision of or function under this Act is not substantially the same as that of or under the repealed Act or rule.
Unless the context or subject-matter indicates or requires differently--
(a) a reference (however expressed) in another provision of this Part to a person, body, instrument, matter or thing having a particular status or effect under, or for the purposes of, any repealed Act or repealed statutory rule (or a provision of the Act or rule) is a reference to that person, body, instrument, matter or thing having that status or effect immediately before the repeal day, and
(b) a reference (however expressed) in another provision of this Part to a right, entitlement, power, authority, duty or obligation under any repealed Act or repealed statutory rule (or a provision of the Act or rule) is a reference to that right, entitlement, power, authority, duty or obligation in existence immediately before the repeal day.
(1) This clause applies to any matter or thing (a
"continued matter or thing" ) that is--(a) approved, granted, issued, dedicated, reserved or made under a repealed Act or repealed statutory rule, and(b) continued in force or effect, or taken to be a matter or thing, by a provision of this Part for the purposes of this Act (or a specified provision of this Act).
(2) A continued matter or thing that was subject to any conditions imposed by or under a repealed Act or repealed statutory rule is subject to the same conditions under this Act.
(3) A continued matter or thing that would have been in force or had effect under a repealed Act or repealed statutory rule for a specified period ceases to be in force or have effect under this Act at the same time as it would have ceased to be in force or have effect under the repealed Act or repealed statutory rule.
(4) Despite subclauses (2) and (3), a continued matter or thing may be varied, forfeited, revoked, terminated, cancelled or dealt with in any other way under this Act as if it had been approved, granted, issued, dedicated, reserved or made under this Act.
(5) This clause has effect unless the context or subject-matter indicates or requires differently.
(1) Subject to this Division (including subclause (2)), each of the following land (to the extent to which it is not Crown land) becomes Crown land on and from the repeal day--(a) any land vested in the Crown dedicated for a public purpose (as referred to in paragraph (a) of the definition of
"Crown land" in section 3 (1) of the Crown Lands Act 1989 ),(b) any land in which an estate in fee simple is, or is taken to be, vested in a reserve trust (including land acquired by a reserve trust under section 101 of the Crown Lands Act 1989 or acquired by or transferred to a reserve trust under section 14 of the Cemeteries and Crematoria Act 2013 ), but not including--(i) any land where the estate in fee simple is not extinguished because of the operation of clause 7 (2), or(ii) any land to which clause 7A applies,(c) any land to which section 126 or 127 of the Crown Lands Act 1989 applied,(d) any institutional public trust land,(e) any land in the
"Area" as defined in the Hay Irrigation Act 1902 immediately before the Act's repeal,(f) the land comprised by the Orange Show Ground,(g) any land in the
"Area" as defined in the Wentworth Irrigation Act 1890 .Note : See section 1.10 (When land becomes Crown land because of this Act).
(2) Any land that was subject to a declaration under section 25A of the Crown Lands Consolidation Act 1913 does not become Crown land by virtue of this Act. However, the land can continue to be dealt with under this Act as if it were Crown land.Note : Section 25A of the Crown Lands Consolidation Act 1913 enabled the Minister to declare certain land to be land that could be dealt with under that Act as if it were Crown land.
(1) Any estate in fee simple in Crown land vested in a reserve trust by section 100 of the Crown Lands Act 1989 only for the purposes of Part 5 of that Act (and any by-law under that Part) is extinguished on and from the repeal day. As a result, the Crown is taken to be vested with the whole of the estate in fee simple in the land and the land is Crown land for the purposes of this Act.
(2) However, any other estate in fee simple in land vested in a reserve trust is not extinguished if--(a) the land was originally vested in trustees by a Crown grant, and(b) the land became vested in the reserve trust by or under the Crown Lands Act 1989 while the land was still vested in those trustees, and(c) the affairs of the reserve trust were managed for the whole of the period since the land became vested in the reserve trust by--(i) the trust board for the reserve trust, or(ii) a corporation that was the former trustee of the land before it was vested in the reserve trust (but not including a local council).Note : Land with an estate in fee simple to which this subclause does not apply will become Crown land under clause 6.
(3) Any estate in fee simple of a reserve trust that is not extinguished because of subclause (2) is--(a) for a reserve trust whose affairs were managed by its trust board--vested instead in the successor of the reserve trust on the repeal day, or(b) for a reserve trust whose affairs were managed by a corporation and that becomes a transitional reserve trust--continues to be vested in the transitional reserve trust and, on the transition day, is vested in the successor of the transitional reserve trust.
(4) The following provisions apply to land in which an estate in fee simple is vested in the successor of a reserve trust or a corporation by subclause (3)--(a) any dedication or reservation of the land continues in force and may be revoked or altered as if it were Crown land,(b) the land is to be managed as if it were Crown land under this Act for which the successor or corporation had been appointed as the Crown land manager,(c) the regulations may make provision for or with respect to the modification of the provisions of this Act for this purpose.
(5) Section 1.10 (except section 1.10 (1) and (2)) applies to land that is vested (or taken to be vested) by this clause in the same way as it applies to land that becomes Crown land.
(6) In this clause--
"successor" , in relation to a transitional reserve trust or other reserve trust, means a person that is taken by clause 11 to have been appointed as the Crown land manager of the former trust land of the reserve trust (as defined in that clause).
(1) Land to which clause applies The Minister may, by notice published in the Gazette (whether before, on or after the repeal day), declare that this clause applies to specified land (
"conditional Crown land" ) if the Minister is satisfied that--(a) the land was acquired by a reserve trust, and(b) the land was not Crown land under the Crown Lands Act 1989 , and(c) the land was acquired for the purpose of it becoming Crown land once certain conditions (the
"Crown vesting conditions" ) were met (including, for example, conditions relating to obtaining appropriate planning consents or approvals), and(d) the Crown vesting conditions have not yet been met.
(2) Special provisions for conditional Crown land The following provisions apply to conditional Crown land--(a) for land declared to be conditional Crown land on or before the repeal day--the land does not become Crown land under this Act on the repeal day,(b) for land declared to be conditional Crown land after the repeal day--the land is taken not to have become Crown land under this Act on the repeal day,(c) the land is taken to have been vested in the successor of the reserve trust on the repeal day,(d) subject to the regulations, the land is to be managed under this Act by the successor of the reserve trust while it remains conditional Crown land as if it were reserved Crown land under this Act.
(3) Land remains conditional Crown land until it becomes Crown land, or is sold, under this clause.
(4) When conditional Crown land can become Crown land If the Minister is satisfied that the Crown vesting conditions for conditional Crown land have been met, the Minister may publish a notice (a
"vesting notice" ) to that effect in the Gazette.
(5) Conditional Crown land to which a vesting notice applies becomes Crown land when the notice takes effect.Note : See section 1.10 (When land becomes Crown land because of this Act).
(6) Without limiting section 12.34 (Ministerial notices published in the Gazette may be combined), the Minister may dedicate or reserve conditional Crown land in a vesting notice on it becoming Crown land. For this purpose, Part 2 of this Act applies to the land as if it were already Crown land.
(7) The appointment of the successor of the reserve trust as the Crown land manager of the land concerned is not affected by a vesting notice. However, if land is not dedicated or reserved under this Act when it becomes Crown land, the appointment in relation to that land is taken to have been revoked when the vesting notice takes effect.
(8) When conditional Crown land can be sold The Minister may, by written notice given to the successor of a reserve trust in which conditional Crown land is taken to be vested by this clause (or any other person to or in which the land is subsequently transferred or vested), direct the successor (or other person) to sell the conditional Crown land if the Minister is satisfied that the Crown vesting conditions for the land are unlikely to be met.
(9) The direction may authorise the successor of the reserve trust or other person to apply the proceeds of the sale of any conditional Crown land--(a) for the purposes of the management and care of any Crown land that is managed by the successor of the reserve trust or other person as its Crown land manager, or(b) for the purpose of acquiring other land.
(10) The successor of the reserve trust or other person must comply with the direction.
(11) Regulations The regulations may make provision for or with respect to the modification of the provisions of this Act in their application to conditional Crown land.
(12) Application of clause to transitional reserve trusts The following provisions apply in relation to a transitional reserve trust--(a) the Minister may make a declaration in accordance with this clause declaring land acquired by a transitional reserve trust before the repeal day to be land to which this clause applies,(b) conditional Crown land of a transitional reserve trust is taken to have been vested in the reserve trust on the repeal day and, if the reserve trust is dissolved before the transition day, may be transferred by the Minister under clause 10A (2) (f) to a person to whom any of the assets, rights or liabilities of the dissolved reserve trust are transferred under that paragraph,(c) subclause (2) (d) extends to a transitional reserve trust while it is vested with conditional Crown land and then to its successor,(d) the Minister may publish a vesting notice in accordance with this clause in respect of conditional Crown land of a transitional reserve trust or former transitional reserve trust,(e) the Minister may give a transitional reserve trust in which conditional Crown land is vested (or any other person to or in which the land is subsequently transferred or vested) a direction in accordance with this clause to sell the land.
(13) Definition In this clause--
"successor" of a reserve trust means--(a) for a transitional reserve trust that is dissolved before the transition day--the person to whom the conditional Crown land concerned is transferred under clause 10A (2) (f), or(b) for any other transitional reserve trust or other reserve trust--a person that is taken by clause 11 to have been appointed as the Crown land manager of the former trust land of the reserve trust (as defined in that clause).
(1) Any restriction, reservation, exception or covenant imposed by or under the Crown Lands Act 1989 , Crown Lands (Continued Tenures) Act 1989 or Western Lands Act 1901 in respect of a dealing with land continues in effect under this Act for that land on and from the repeal day.
(2) Without limiting subclause (1), any exclusion of minerals from a dealing with land to which section 171 of the Crown Lands Act 1989 applied continues in effect under this Act for that land in respect of the same minerals on and from the repeal day.
(3) Any carbon sequestration right or forestry right (as defined in section 87A of the Conveyancing Act 1919 ) granted under the Crown Lands Act 1989 continues in effect under this Act on and from the repeal day.
(4) In this clause--
"dealing" with land includes the sale, lease or other disposal of land.
(1) Without limiting section 30 of the Interpretation Act 1987 , a repealed Act or repealed statutory rule continues to apply with respect to the following matters on and from the repeal day as if this Act and the amending Act had not been enacted--(a) an offence (or an alleged offence) against the Act or statutory rule,(b) any proceedings for an offence (or an alleged offence) against the Act or statutory rule,(c) any penalty notice, fine enforcement order, penalty notice enforcement order or court enforcement order that is in force in respect of an offence (or an alleged offence) against the Act or statutory rule,(d) any appeal that is pending in a court or tribunal (or any entitlement to appeal to a court or tribunal that has not been exercised) in respect of a matter arising under the Act or statutory rule,(e) any direction, order or notice given under a provision of the Act or statutory rule requiring a matter or thing to be done or not done (whether before, on or after the repeal day),(f) any other matter or thing arising under or in connection with the Act or statutory rule that is prescribed by the regulations.
(2) The regulations may make provision for or with respect to the modifications of the provisions of a repealed Act or repealed statutory rule as applied by subclause (1).
(3) This clause is subject to any different provision in this Part or Schedules 1-4.
(1) Meaning of "uncompleted function" This clause applies to the exercise of a function under a repealed Act or repealed statutory rule (an
"uncompleted function" ) if it--(a) was begun (but not completed) before the repeal day, and(b) cannot be completed under this Act because--(i) there is no corresponding function under this Act, or(ii) the corresponding function under this Act does not allow it to be completed in the same way as it was under the repealed Act or repealed statutory rule.
(2) If authorisation to complete was not required The following provisions apply if the completion of the uncompleted function would not have required the granting of authorisation by the Minister under the repealed Act or repealed statutory rule--(a) the person who began to exercise the function (or the person's successor if abolished or reconstituted) may complete the uncompleted function in accordance with the repealed Act or repealed statutory rule,(b) anything that results from the completed function is taken to have the same effect that it would have had if the repealed Act or repealed statutory rule had not been repealed.Note : For example, this subclause would cover situations where an expression of interest or tender for a lease under a repealed Act was issued by a reserve trust managed by a local council before the repeal day for a term that exceeds the maximum term for a lease that a local council can grant as a Crown land manager under this Act.
Division 3.4 generally requires local councils that are Crown land managers of dedicated or reserved Crown land to manage their land as community land under the Local Government Act 1993 , including in relation to the granting of leases. Section 46 of the Local Government Act 1993 provides that a lease over community land cannot exceed 30 years.
(3) If authorisation to complete would have been required The following provisions apply if the completion of the uncompleted function would have required the granting of authorisation by the Minister under the repealed Act or repealed statutory rule--(a) the Minister may grant the authorisation in the same way as the Minister could under the repealed Act or repealed statutory rule if satisfied that it will enable an agreement, undertaking, commitment or other arrangement entered into or given in good faith before the repeal day (whether by the Minister or another person or body authorised to exercise the function) to be completed,(b) the person who began to exercise the function (or the person's successor if abolished or reconstituted) may complete the uncompleted function in accordance with the authorisation and the repealed Act or repealed statutory rule,(c) anything that results from the completed function is taken to have the same effect that it would have had if the repealed Act or repealed statutory rule had not been repealed.
(4) Effect of previous authorisation Without limiting subclause (3), the following provisions apply if the Minister had previously granted authorisation for the exercise of the uncompleted function under the repealed Act or repealed statutory rule--(a) the Minister may vary or revoke the authorisation in the same way as the Minister could under the repealed Act or repealed statutory rule,(b) the person who began to exercise the function (or the person's successor if abolished or reconstituted) may complete the uncompleted function in accordance with the previous authorisation (as varied) and the repealed Act or repealed statutory rule,(c) anything that results from the completed function is taken to have the same effect that it would have had if the repealed Act or repealed statutory rule had not been repealed.
(5) Relationship with this Act and Local Government Act 1993 Subject to the regulations, this clause has effect despite anything to the contrary in this Act or the Local Government Act 1993 (including in respect of maximum terms for leases, licences or permits).
(6) Definitions In this clause--
"authorisation" includes the granting of approval or consent.
"complete" includes finalise.
"the Minister" , in relation to a repealed Act or repealed statutory rule, includes the Minister administering the Act or rule.
(1) The following provisions apply if a provision of this Division operates to appoint a person as a Crown land manager of land that is not dedicated or reserved Crown land--(a) the fact that the land is not dedicated or reserved Crown land does not prevent it from being managed under Part 3 of this Act,(b) subject to the regulations, Part 3 of this Act applies to the land in the same way as Part 3 applies to reserved Crown land for which a Crown land manager has been appointed.Note : For example, a reserve trust may have acquired land under section 101 of the Crown Lands Act 1989 that was not reserved or dedicated under that Act after its acquisition.
(2) Subclause (1) ceases to apply in relation to the land if--(a) the land becomes dedicated or reserved Crown land, or(b) the land ceases to have a Crown land manager, or(c) the land is sold.
(3) The Crown land manager must, as soon as practicable after the repeal day, give written notice to the Minister that the land is not dedicated or reserved Crown land.
(4) The notice may include recommendations by the Crown land manager concerning purposes for which the land could be dedicated or reserved.
(5) The Minister may, in accordance with Part 2 of this Act, dedicate or reserve the land for use for one or more purposes (including a recommended purpose).
(1) Each of the following offices is abolished on the repeal day--(a) the Western Lands Commissioner under the Western Lands Act 1901 ,(b) the Assistant Western Lands Commissioner under the Western Lands Act 1901 ,(c) an authorised inspector under the Crown Lands Act 1989 .Note : Authorised inspectors become authorised officers on the repeal day. See Division 10 of this Part.
(2) Accordingly, any person holding any of these abolished offices ceases to hold that office on the repeal day.
(1) This clause applies to a reserve trust the affairs of which were managed by a local council or corporation appointed under section 95 of the Crown Lands Act 1989 immediately before the repeal day (a
"transitional reserve trust" ).
(2) The following provisions apply during the continuation period to a transitional reserve trust--(a) the reserve trust continues in existence as a corporation (with the same name and constitution) despite the repeal of the Crown Lands Act 1989 ,(b) any trust held by the reserve trust over its transitional trust land continues in effect,(c) the reserve trust is taken to have been appointed as the Crown land manager of its transitional trust land,(d) if the reserve trust's affairs are managed by a local council--the reserve trust is taken to be a council manager,(e) if the reserve trust's affairs are managed by a corporation--the reserve trust is taken to be a non-council manager,(f) without limiting section 3.12, the Minister may, by notice published in the Gazette, provide for specified assets, rights and liabilities of a reserve trust that is to be, or is, dissolved to be transferred to one or more of the following persons--(i) a public authority,(ii) any new Crown land manager of the transitional trust land,(g) the old reserve trust provisions (but no other provisions of the Crown Lands Act 1989 ) continue to apply in relation to the reserve trust subject to the modifications specified by subclause (3).
(3) The following modifications to the old reserve trust provisions apply during the continuation period--(a) a reference to the Minister is to be read as a reference to the Minister administering this Act,(b) a reference to the Crown Lands Act 1989 (however expressed) is to be read as reference to this Act,(c) a reference to the reserve for which a reserve trust is constituted is to be read as a reference to its transitional trust land,(d) the Minister cannot appoint a board for the reserve trust under the old reserve trust provisions, but the Minister may appoint another corporation or local council, or an administrator, to manage its affairs.
(4) Schedule 6 applies to a transfer of any asset, right or liability to a person by a notice under subclause (2) (f).
(5) To avoid doubt--(a) nothing in this clause (except subclause (2) (b)) affects the application or operation of Divisions 2 and 5 of this Part on and from the repeal day to the transitional trust land of a transitional reserve trust, and(b) nothing in this clause prevents or limits the Minister's exercise of functions under this Act concerning the revocation of the appointment of a transitional reserve trust as a Crown land manager, or the appointment of a new Crown land manager, in respect of the whole or any part of the transitional trust land, and(c) relevant conduct for the purposes of Division 8.4 of this Act is taken to include conduct during the continuation period of a transitional reserve trust whose affairs are managed by a local council in connection with any dedicated or reserved Crown land for which the reserve trust is or was a Crown land manager.
(6) In this clause--
"continuation period" means the period--(a) commencing on the repeal day, and(b) ending immediately before the transition day.
"old reserve trust provisions" means the following provisions of the Crown Lands Act 1989 --(a) section 92 (3) (a) and (b), (4), (6) (c) and (d), (6A) and (6B),(b) section 95,(c) section 96,(d) section 97,(e) section 97A,(f) Division 7 of Part 5,(g) section 121.
"transitional trust land" , in relation to a transitional reserve trust, means--(a) any land in which the reserve trust had an estate in fee simple (including because of section 100 of the Crown Lands Act 1989 ) immediately before the repeal day, and(b) any land acquired by the reserve trust under section 101 of that Act immediately before the repeal day, and(c) any other land acquired by or vested in the reserve trust in its capacity as a trust (for example, land acquired or transferred under section 14 of the Cemeteries and Crematoria Act 2013 ) immediately before the repeal day, and(d) any conditional Crown land vested in the reserve trust by operation of clause 7A.
(1) Application This clause applies in relation to each of the following--(a) a reserve trust the affairs of which were managed by a reserve trust board immediately before the repeal day (a
"board reserve trust" ),(b) a reserve trust the affairs of which were managed by an administrator immediately before the repeal day (an
"administered reserve trust" ),(c) a transitional reserve trust in existence immediately before the transition day,(d) any other reserve trust in existence immediately before the repeal day (a
"residual reserve trust" ).
(1A) Abolition of non-reconstituted reserve trusts Each residual reserve trust is abolished on the repeal day.
(1B) Each transitional reserve trust that is not reconstituted by this clause is abolished on the transition day.
(2) Trust over trust land of reserve trusts abolished Any trust over the trust land of each reserve trust (except a transitional reserve trust) is abolished on the repeal day.Note : This clause does not affect the dedication or reservation of any former trust land. See Division 5 of this Part.
(2A) Any trust over the trust land of each transitional reserve trust is abolished on the transition day.
(3) Board reserve trusts The following provisions apply in relation to a board reserve trust on and from the repeal day--(a) the board reserve trust is taken to have been reconstituted as a statutory land manager under this Act with a board,(b) the name of the reconstituted reserve trust is taken to be the name of the board reserve trust (excluding the word "Trust" if it forms part of its name) and ending with the words "Land Manager",(c) each member of the reserve trust board of the board reserve trust is taken to have been appointed as a member of the board of the reconstituted reserve trust,(d) the reconstituted reserve trust is taken for all purposes (including the rules of private international law) to be a continuation of, and the same legal entity as, the board reserve trust,(e) the reconstituted reserve trust is taken to have been appointed as the Crown land manager of the former trust land.
(4) Administered reserve trusts The following provisions apply in relation to an administered reserve trust on and from the repeal day--(a) the administered reserve trust is taken to have been reconstituted as a statutory land manager under this Act without a board,(b) the name of the reconstituted reserve trust is taken to be the name of the administered reserve trust (excluding the word "Trust" if it forms part of its name) and ending with the words "Land Manager",(c) the administrator of the administered reserve trust is taken to have been appointed as the administrator of the reconstituted reserve trust,(d) the reconstituted reserve trust is taken for all purposes (including the rules of private international law) to be a continuation of, and the same legal entity as, the administered reserve trust,(e) the reconstituted reserve trust is taken to have been appointed as the Crown land manager of the former trust land.
(5) Transitional reserve trusts The following provisions apply in relation to a transitional reserve trust on and from the transition day if a local council or corporation managed the affairs of the reserve trust immediately before that day--(a) the local council or corporation is taken to have been appointed as the Crown land manager of the former trust land for which the reserve trust was taken to be appointed as the Crown land manager because of clause 10A,(b) the assets, rights and liabilities of the reserve trust are transferred to the local council or corporation (subject to Division 2 of this Part).
(5A) The following provisions apply in relation to a transitional reserve trust on and from the relevant day if an administrator managed the affairs of the reserve trust immediately before that day--(a) the transitional reserve trust is taken to have been reconstituted as a statutory land manager under this Act without a board,(b) the name of the reconstituted reserve trust is taken to be the name of the transitional reserve trust (excluding the word "Trust" if it forms part of its name) and ending with the words "Land Manager",(c) the administrator of the transitional reserve trust is taken to have been appointed as the administrator of the reconstituted reserve trust,(d) the reconstituted reserve trust is taken for all purposes (including the rules of private international law) to be a continuation of, and the same legal entity as, the transitional reserve trust,(e) the reconstituted reserve trust is taken to have been appointed as the Crown land manager of the former trust land for which the transitional reserve trust was taken to be appointed as the Crown land manager because of clause 10A.
(6) Residual reserve trusts The following provisions apply in relation to a residual reserve trust on and from the repeal day--(a) the Minister is responsible for the care, control and management of the former trust land until different provision is made under this Act,(b) the assets, rights and liabilities of the trust are transferred to the Crown (subject to Division 2 of this Part).
(7) Assets, rights and liabilities of reconstituted or abolished reserve trusts Schedule 6 applies to a transfer of any assets, rights or liabilities under this clause.
(8) To avoid doubt, the following provisions apply in relation to reconstituted reserve trusts--(a) subclauses (3), (4) and (5A) do not operate (except to the extent another provision of this Part provides differently)--(i) to preserve any functions of a board or administered reserve trust in relation to former trust land (including any trust functions or other equitable rights or duties in relation to such land), or(ii) to preserve any interest of a board or administered reserve trust in former trust land, or(iii) to affect the operation of Division 2 of this Part in its application to the former trust land of a board or administered reserve trust,(b) subject to paragraph (a), the assets, rights and liabilities of a board or administered reserve trust continue to be those of the reconstituted reserve trust (including in relation to the accounts of the board or administered reserve trust in authorised deposit-taking institutions or with utility providers and its insurance policies),(c) subclause (3) (c) applies even if it operates to appoint more members to the board of a reconstituted reserve trust than are permitted by clause 4 (2) of Schedule 5,(d) subclauses (3) (d), (4) (d) and (5A) (d) are intended to have effect despite any other law of the State.
(9) Application of clause when there are multiple reserve trust managers If former trust land had more than one reserve trust manager (as defined in section 92 of the Crown Lands Act 1989 ), this clause operates--(a) where one or more of those reserve trust managers were either board or administered reserve trusts--(i) to reconstitute each of those reserve trusts (in accordance with subclause (3), (4) or (5A)) as statutory land managers, and(ii) to appoint each of reconstituted reserve trusts as a Crown land manager of the land, and(b) where one or more of those reserve trust managers were local councils or corporations appointed under section 95 of the Crown Lands Act 1989 and the reserve trust or trusts concerned become transitional reserve trusts--(i) to appoint each of the transitional reserve trusts as Crown land managers for the land, and(ii) if subclause (5) applies to one or more of those transitional reserve trusts, to appoint each corporation or local council concerned as Crown land managers for the land, and(c) to allocate responsibility under section 3.14 for the land between each of the Crown land managers appointed by operation of this clause in the same way as responsibility was allocated to the manager (or the manager's predecessor) under section 92 of the Crown Lands Act 1989 .Note : Section 3.1 (2) provides that the Minister is responsible (because of section 3.1 (2) (b)) for the care, control and management of any part of particular dedicated or reserved Crown land for which there is no Crown land manager.
(10) Definitions In this clause--
"former trust land" , in relation to a reconstituted or abolished reserve trust, means--(a) for a reserve trust that was a transitional reserve trust--any of its transitional trust land within the meaning of clause 10A immediately before the transition day, and(b) for any other reserve trust--any of the following land of the reserve trust immediately before the repeal day--(i) any land in which the reserve trust had an estate in fee simple (including because of section 100 of the Crown Lands Act 1989 ),(ii) any land acquired by the reserve trust under section 101 of that Act,(iii) any other land acquired by or vested in the reserve trust in its capacity as a trust (for example, land acquired or transferred under section 14 of the Cemeteries and Crematoria Act 2013 ).
"relevant day" means--(a) in relation to a transitional reserve trust managed by an administrator immediately before 1 July 2019--1 July 2019, or(b) in relation to a transitional reserve trust managed by an administrator appointed on or after 1 July 2019 but before 1 July 2021--1 July 2021, or(c) in relation to a transitional reserve trust managed by an administrator appointed on or after 1 July 2021--1 July 2024.
(1) This clause applies to land (
"special trust land" ) to which section 126 or 127 of the Crown Lands Act 1989 applied if there were trustees for the land but not a reserve trust.
(2) On the repeal day, each trust over special trust land is abolished.Note : Special trust land becomes reserved Crown land on the repeal day. See Division 2 of this Part.
(3) The following provisions apply on and from the repeal day if the special trust land was not under the management of a local council--(a) a statutory land manager with a board is taken to have been constituted under this Act,(b) the name of the statutory land manager is taken to be the name of the abolished trust (excluding the word "Trust" if it forms part of its name) and ending with the words "Land Manager",(c) each trustee of the abolished trust is taken to have been appointed as a member of the board of the statutory land manager,(d) the statutory land manager is taken to have been appointed as the Crown land manager of the special trust land,(e) the assets, rights and liabilities of the abolished trust are transferred to the statutory land manager (subject to Division 2 of this Part).
(4) If the special trust land was under the management of a local council, the local council is taken on and from the repeal day to have been appointed as the Crown land manager of the land.
(5) If a trustee of an abolished trust appointed by this clause as a member of the board of a statutory land manager did not hold office for a specified term, the former trustee is taken to have been appointed as a member of the board for a period of 5 years.
(6) Schedule 6 applies to a transfer of any assets, rights or liabilities under this clause.
(1) This clause applies in relation to each of the following--(a) a trust over institutional public trust land with trustees in office who were individuals (an
"individual public trust" ),(b) a trust over institutional public trust land with a trustee in office that was a local council or corporation (a
"corporate public trust" ),(c) a trust over institutional public trust land with no trustees in office (a
"residual public trust" ).
(2) Abolition of trusts Each trust over institutional public trust land is abolished on the repeal day.Note : Institutional public trust land becomes reserved Crown land on the repeal day. See Divisions 2 and 6 of this Part.
(3) Individual public trusts The following provisions apply in relation to an individual public trust on and from the repeal day--(a) a statutory land manager with a board is taken to have been constituted under this Act,(b) the name of the statutory land manager is taken to be the name of the individual public trust (excluding the word "Trust" if it forms part of its name) and ending with the words "Land Manager",(c) each trustee of the individual public trust is taken to have been appointed as a member of the board of the statutory land manager,(d) the statutory land manager is taken to have been appointed as the Crown land manager of the former trust land,(e) the assets, rights and liabilities of the individual public trust are transferred to the statutory land manager (subject to Division 2 of this Part).
(4) Subclause (3) (c) applies even if it operates to appoint more members to the board of a statutory land manager than are permitted by clause 4 (2) of Schedule 5.
(5) If a trustee of an individual public trust did not hold office for a specified term, the former trustee is taken to have been appointed as a member of the board of the statutory land manager for a period of 5 years.
(6) Corporate public trusts The following provisions apply in relation to a corporate public trust on and from the repeal day--(a) the local council or corporation that was the trustee of the corporate public trust is taken to have been appointed as a Crown land manager of the former trust land,(b) the assets, rights and liabilities of the corporate public trust are transferred to the local council or corporation (subject to Division 2 of this Part).
(7) Residual public trusts The following provisions apply in relation to a residual public trust on and from the repeal day--(a) the Minister is responsible for the care, control and management of the former trust land until different provision is made under this Act,(b) the assets, rights and liabilities of the residual public trust are transferred to the Crown (subject to Division 2 of this Part).
(8) Assets, rights and liabilities of abolished trusts Schedule 6 applies to a transfer of any assets, rights or liabilities under this clause.
(9) Definition In this clause--
"former trust land" , in relation to an abolished trust over institutional public trust land, means the land under that trust.
(1) The Trust referred to in the preamble to the Orange Show Ground Act 1897 (the
"Orange Show Ground Trust" ) is abolished on the repeal day.Note : The Orange Show Ground becomes dedicated Crown land on the repeal day. See Divisions 2 and 5 of this Part.
(2) On and from the repeal day, the following provisions apply--(a) Orange City Council is taken to have been appointed as the Crown land manager of Orange Show Ground,(b) the assets, rights and liabilities of the trustees of the Orange Show Ground Trust in connection with Orange Show Ground are transferred to Orange City Council (subject to Division 2 of this Part).
(3) Schedule 6 applies to a transfer of any assets, rights or liabilities under this clause.
(1) The Western Lands Advisory Council established by the Western Lands Act 1901 is abolished on the repeal day.
(2) Accordingly, any person holding office as a member of the Western Lands Advisory Council ceases to hold that office on the repeal day.
All land districts (including special land districts) under the Crown Lands Act 1989 are abolished on the repeal day.
(1) The Public Reserves Management Fund under the Public Reserves Management Fund Act 1987 (the
"old Fund" ) is abolished on the repeal day.
(2) Any balance standing to the credit of the old Fund is transferred to the Crown Reserves Improvement Fund under this Act (the
"new Fund" ) on the repeal day and may be used for any purpose for which money in the new Fund may be used under this Act.
(3) Any money that was payable into the old Fund immediately before its abolition is to be paid into the new Fund instead of the old Fund.
(1) Any land dedicated under Part 5 of the Crown Lands Act 1989 (or taken to be dedicated under that Act) continues to be dedicated Crown land under this Act that is dedicated for the same purposes for which it was dedicated (or taken to be dedicated) under the Crown Lands Act 1989 on and from the repeal day.
(2) Any land reserved under Part 5 of the Crown Lands Act 1989 (or taken to be reserved under that Act) continues to be reserved Crown land under this Act that is reserved for the same purposes for which it was reserved (or taken to be reserved) under the Crown Lands Act 1989 on and from the repeal day.
(3) To avoid doubt, the repeal of the Crown Lands Act 1989 does not operate to revoke dedications or reservations (or dedications or reservations taken to have been made) under Part 5 of that Act.
(4) This clause has effect subject to clause 7 and, accordingly, does not operate to alter the ownership of land that is vested in the successor of a reserve trust by that clause.
(1) Orange Show Ground is taken on and from the repeal day to be dedicated Crown land under this Act dedicated for the use and general purposes of the Orange Pastoral and Agricultural Association and Orange City Council is taken to have been appointed as its Crown land manager.
(2) Any land to which section 126 (Provisions applicable to certain showgrounds etc) of the Crown Lands Act 1989 applied is taken on and from the repeal day to be reserved Crown land under this Act reserved for the following purposes--(a) for use as a showground,(b) for public recreation or community use.
(1) Any land to which section 127 (Provisions applicable to other reserved etc land) of the Crown Lands Act 1989 applied is taken on and from the repeal day to be reserved Crown land under this Act reserved for the following purposes--(a) the public park or any other public purpose concerned,(b) public recreation and community use.
(2) The Minister may, by order published in the Gazette, declare the boundaries (whether by describing them or by reference to a map or survey) of any Crown park. A declaration is conclusive evidence of the boundaries of the land concerned (including for the purposes of creating a folio in the Register in respect of the land).
(3) In this clause--
"Crown park" means--(a) any land to which subclause (1) applies, and(b) any other Crown land that is dedicated or reserved for the purpose of a park (whether or not the land is also dedicated or reserved for other purposes).
(1) The Roads Act 1993 and the regulations under that Act (as in force immediately before the repeal day) continue to apply for a period of 3 months after the repeal day in respect of a proposal by the Minister to close a public road under Division 1 of Part 4 of that Act if--(a) the proposal was published in accordance with section 35 of that Act before the repeal day, and(b) the period for the making of submissions on the proposal expired before that day.
(2) The Roads Act 1993 and the regulations under that Act (as in force immediately before the repeal day) continue to apply for a period of 12 months after the repeal day in respect of Crown land forming part of a former public road that is sold if the contract for the sale was entered into before the repeal day.
(3) To avoid doubt, the provisions of the Crown Lands Act 1989 applicable to the sale of Crown land continue to apply for the purposes of a sale of Crown land forming part of a former public road to which subclause (2) applies.
In this Division--
"institution" means Mechanics' Institute, School of Arts or other institution
for public instruction or amusement.
"institutional private trust land" means any land (other than institutional
public trust land) reserved, dedicated or granted under any Act or instrument,
or held in any other way, immediately before the repeal day for the purposes
of an institution.
"institutional public trust land" means any land reserved, dedicated or
granted under any Act or instrument, or held in any other way, for the
purposes of an institution immediately before the repeal day that--
(a) is land vested in the Crown, or
(b) was land vested in the Crown before being reserved, dedicated, granted or held for the purposes of an institution (except if the land, after it was Crown land, was vested in trustees by a Crown grant).
(1) This clause applies to--(a) institutional public trust land, and(b) institutional private trust land that is transferred to the Crown under this Division.Note : Institutional public trust land becomes Crown land on the repeal day because of the operation of clause 6. Also, Division 4 of this Part abolishes the trusts over them and appoints the former trustees to a statutory land manager that will manage the former trust land.
(2) Any land to which this clause applies is taken on and from the repeal day to be reserved for the following purposes--(a) for an institution,(b) for community use,(c) for any other purpose for which the land could be used under the trust immediately before this clause applied to it.
(3) For the purposes of this Division, any reserved Crown land that is taken to be reserved under this Act by subclause (2) is the
"substituted institutional trust reserve" for the trust land.
(4) Reserved Crown land ceases to be a substituted institutional trust reserve for the purposes of this Division if--(a) the purposes for which it is reserved are altered to remove the purpose referred to in subclause (2) (a), or(b) the reservation is revoked.
(1) Except as provided by this clause and Division 4 of this Part, the repeal of the Trustees of Schools of Arts Enabling Act 1902 and the enactment of this Act do not affect any trust over institutional private trust land or the offices of any of its trustees.
(2) The regulations may make provision for or with respect to standard form trust instruments for trusts over institutional private trust land, including (but not limited to) provisions concerning any of the following--(a) the appointment and vacation of office of trustees,(b) the functions of trustees,(c) the application or investment of trust funds,(d) the use of trust land and dealings with it (including creating interests over the land or selling, transferring or disposing of the land),(e) the limitation of liability or indemnification of trustees,(f) decision-making by trustees (including meetings).
(3) On and from the repeal day, the trustees of institutional private trust land (or, if there are no trustees, the members of the institution concerned) may--(a) adopt a trust instrument in or to the effect of a standard form trust instrument to govern the trust over the land, and(b) specify who the trustees for the land will be under the new trust instrument.
(4) It is sufficient compliance with subclause (3) if a majority of the trustees or members (as the case requires) have passed a resolution at a meeting in favour of adopting the trust instrument. The regulations may make provision for or with respect to the calling or conduct of meetings for this purpose.
(5) The adoption of a standard form trust instrument cannot take effect unless--(a) the Minister is given written notice of the adoption in the form and manner approved by the Secretary, and(b) the Minister publishes a notice in the Gazette that authorises the adoption and names the new trustees.
(6) If an adoption of a standard form trust instrument for a trust over institutional private trust land is authorised as provided by subclause (5)--(a) the trust is taken to be governed by the adopted trust instrument instead of any existing instrument that established or governed the trust, and(b) the named trustees are taken to have been duly appointed as trustees of the trust, and(c) the Registrar-General, if provided with a copy of the instrument and the notice of the Minister authorising its adoption, must register the instrument in the General Register of Deeds.
(7) To avoid doubt, a standard form trust instrument can only be adopted once under this clause.
(8) The operation of this clause (or any conduct permitted or required by this clause) is not to be regarded as terminating a trust or as a breach of trust or otherwise as a civil wrong.
(1) The Minister may appoint new trustees on and from the repeal day to replace the trustees of institutional private trust land who have vacated office if--(a) the Minister is satisfied that all of the trustees have vacated office, and(b) the Minister causes a notice of the Minister's intention to appoint new trustees to be displayed in a prominent place on the land (or a building on the land) for a period of at least 30 days, and(c) the notice of intention seeks written expressions of interest within the 30-day period from persons wishing to be appointed as trustees.
(2) The Minister may (but need not) appoint a person who has expressed an interest in being appointed as a trustee.
(3) This clause does not prevent the appointment of trustees or their vacation of office in accordance with the provisions of the trust or under the Trustee Act 1925 .
(1) On and from the repeal day, the Minister and the trustees of institutional private trust land may enter into an agreement for the land to be transferred to the Crown.
(2) It is sufficient compliance with subclause (1) if a majority of the trustees agree to enter the agreement.
(3) The trustees may enter into an agreement to transfer institutional private trust land to the Crown and the agreement has effect despite the provisions of any Act, deed, reservation, dedication, grant or other instrument relating to the land.
(4) The Minister is to comply as far as practicable with the agreement.
(1) Any land that is transferred to the Crown under this Division becomes Crown land.Note : See section 1.10 (When land becomes Crown land because of this Act).
(2) Subclause (1) is subject to clause 24 (4).
(3) On the vesting of institutional private trust land in the Crown under this Division, any assets, rights or liabilities in relation to the land, or in relation to the trustees of the land in their capacity as trustees, become the assets, rights or liabilities of the Crown.
(4) The Minister may, by written order, transfer any assets, rights or liabilities that become those of the Crown by operation of subclause (3) to a person who has been appointed as the Crown land manager for the land vested in the Crown.
(5) Schedule 6 applies to the transfer of assets, rights and liabilities under this clause.
(1) Any lease over land in force under a repealed Act continues in force on and from the repeal day as a lease under this Act over the same land.
(2) Any licence over land in force under a repealed Act continues in force on and from the repeal day as a licence under this Act over the same land.
(3) An enclosure permit for a road or watercourse in force under the Crown Lands Act 1989 continues in force on and from the repeal day as an enclosure permit under this Act in relation to the same road or watercourse.
(4) A lease, licence or enclosure permit for a defined term does not (except as provided by this Act) continue beyond the end of that term.
(5) The lease, licence or enclosure permit continues to be subject to the terms and conditions specified in lease, licence or permit unless the terms or conditions are inconsistent with another provision of this Act.
(6) To avoid doubt, any sublease or sublicence of a lease or licence that this clause continues in force also continues in force under this Act.
(6A) Section 143C of the Crown Lands Act 1989 continues to apply to a licence or permit to which it applied immediately before the repeal day for a period of 5 years commencing on that day, subject to the following modifications--(a) a reference to that Act is to be read as a reference to this Act,(b) a reference to the minimum rent is to be read as a reference to the minimum rent for the licence or permit as provided by Part 6 of this Act.Note : Section 143C of the Crown Lands Act 1989 provided for the adjustment of annual rent in line with the Consumer Price Index for certain licences and permits to which that Act applied.
(7) This clause does not apply in relation to a continued holding.Note : Schedules 1-3 make special provision in relation to continued holdings.
(1) This clause applies to each of the following--(a) a notice published before the repeal day in the Gazette for the purposes of section 34A (2) (b) of the Crown Lands Act 1989 (a
"general purpose notice" ) in respect of a Crown reserve if--(i) the notice specified a purpose (other than the declared purpose of the reserve) for which the reserve was to be used or occupied, and(ii) the notice did not specify the relevant interests under which the reserve could be used or occupied for that purpose,(b) the renewal of a relevant interest before the repeal day for which a notice was not published under section 34A (2) (b) of the Crown Lands Act 1989 for the renewal (an
"unnotified interest renewal" ).
(2) To avoid doubt, both a general purpose notice and an unnotified interest renewal are taken to comply with (and always to have complied with) section 34A (2) (b) of the Crown Lands Act 1989 .
(3) Accordingly--(a) any relevant interest granted for a purpose specified in a general purpose notice is not invalid (and was never invalid) just because it was not specified in the notice, and(b) an unnotified interest renewal is not invalid (and was never invalid) just because a notice was not published under section 34A (2) (b) of the Crown Lands Act 1989 for the renewal.
(4) A term used in this clause that was defined for the purposes of section 34A of the Crown Lands Act 1989 has the same meaning as it had in that section.
(1) Without limiting section 30 of the Interpretation Act 1987 , each of the following remains unaffected by the repeal of the Crown Lands Act 1989 --(a) any validation by clause 59 of Schedule 8 (the
"former validation clause" ) to the Crown Lands Act 1989 of an existing secondary interest (as defined by that clause),(b) any conclusive presumption in respect of those interests provided by the former validation clause,(c) the application of section 104A (Saving of native title rights and interests etc) of the Native Title (New South Wales) Act 1994 to the validation of any interest by operation of section 34AA of the Crown Lands Act 1989 and the former validation clause.
(2) The power of the Minister under section 2.19 to validate a secondary interest as referred to in that section extends to an existing secondary interest (as defined by the former validation clause).
(3) A reference in section 2.19 to the use of Crown land in accordance with the secondary interest before its validation under that section extends to use and occupation before the commencement of that section.
(4) This clause extends to the operation of section 2.19 in its application to Crown land managers because of section 3.17.
(5) However, this clause continues not to affect--(a) any decision of a court made before the commencement of section 34AA of the Crown Lands Act 1989 , or(b) any land claim (within the meaning of the Aboriginal Land Rights Act 1983 ) made before 9 November 2012 (the date of the decision in Minister Administering the Crown Lands Act v New South Wales Aboriginal Land Council (Goomallee Claim)[2012[#93] NSWCA 358 ).
Note : This Division limits the application of Schedule to 4 to this Act to the purchase of land in the Western Division under that Schedule from 19 March 2018 until immediately before the repeal day.
The new purchase provisions (which include Schedule 4) and certain other ancillary provisions of this Act commenced on 19 March 2018. Also, section 28BB of, and Schedule 4 to, the Western Lands Act 1901 were repealed on that day.
In this Division--
"applied Crown Lands Act provisions" means the provisions of the
Crown Lands Act 1989 specified in Schedule 2 to the Western Lands Act 1901
(as modified by that Schedule) that apply to or in respect of land in the
Western Division (as defined in the Crown Lands Act 1989 ).
"commenced ancillary provisions" means the following--
(a) section 5.9 of this Act,
(b) Division 5.10 of this Act,
(c) Division 7.4 of this Act,
(d) section 12.3 of this Act,
(e) Divisions 12.3 and 12.7 of this Act,
(f) section 13.2 of this Act,
(g) Division 2 of Part 2 of Schedule 3 to this Act,
(h) Part 4 of Schedule 3 to this Act,
(i) Schedule 4 to this Act,
(j) any provision of the regulations in force that is made for the purposes of any of the above provisions.
(a) Division 2 of Part 2 of Schedule 3 to this Act,
(b) Part 4 of Schedule 3 to this Act,
(c) Schedule 4 to this Act.
(a) section 28BB of the Western Lands Act 1901 as in force immediately before its repeal,
(b) Schedule 4 to the Western Lands Act 1901 as in force immediately before its repeal,
(c) section 40A of the applied Crown Lands Act provisions.
(a) commencing on 19 March 2018, and
(b) ending immediately before the repeal day.
(1) During the transitional purchase period--(a) Schedule 4 (Purchasable leases) to this Act applies only in relation to the purchase of land under leases (or formerly under leases) granted under the Western Lands Act 1901 , but does not apply in relation to land under tenures to which Schedules 1 and 2 to this Act will apply on and from the repeal day, and(b) the new purchase provisions and the commenced ancillary provisions apply instead of the old purchase provisions except to the extent that the new purchase provisions or commenced ancillary provisions provide for the application of the old purchase provisions, and(c) the commenced ancillary provisions have effect during the transitional purchase period only for the purposes of the application or administration of the new purchase provisions, and(d) if a purchase application is granted under the new purchase provisions in respect of land under a lease granted under the Western Lands Act 1901 , section 18G of that Act ceases to apply to the land on the granting of the application, and(e) the new purchase provisions and commenced ancillary provisions have effect subject to the modifications specified by subclause (2).
(2) The following modifications to this Act apply during the transitional purchase period--(a) purchase applications cannot be made or granted under Schedule 4 in respect of land under leases that are not Western lands perpetual leases or continued Western lands term leases,(b) a reference in Schedule 4 to Western Crown land is to be read as being a reference to Crown land within the meaning of the Crown Lands Act 1989 that is within the Western Division (as defined in that Act),(c) a reference in Schedule 4 to a purchasable lease is to be read as being a reference only to Western lands perpetual leases or continued Western lands term leases,(d) a reference in Schedule 4 to a continued term lease in its application to leases over Western Crown land is to be read as a reference to a continued Western lands term lease,(e) in Schedule 4, the commenced ancillary provisions and any provision applied by paragraph (f)--(i) a reference to Crown land is to be read as reference to Crown land within the meaning of the Crown Lands Act 1989 , and(ii) a reference to the Western Division is to be read as reference to the Western Division as defined in the Crown Lands Act 1989 ,(f) subject to subclause (1) and paragraphs (a)-(e) of this subclause, the following provisions of this Act apply in relation to the new purchase provisions even if they have not commenced--(i) any relevant definitions in Part 1 of this Act,(ii) any relevant definitions in Schedule 3 to this Act.
(3) To avoid doubt, nothing in this clause affects the application or operation of--(a) the applied Crown Lands Act provisions (except section 40A of those provisions), or(b) the Western Lands Act 1901 (except the old purchase provisions and section 18G of that Act).Note : For example, the applied Crown Lands Act provisions will continue to authorise the Minister to sell Crown land in the Western Division during the transitional purchase period.
During the transitional purchase period, the
definition of
"lands legislation" in clause 1 of Schedule 3 to the
Civil and Administrative Tribunal Act 2013 is taken to include a reference to
Schedule 4 to this Act.
To avoid doubt, the new purchase provisions and the commenced ancillary provisions continue to apply after the end of the transitional purchase period in relation to any leases and any resulting new incomplete purchases resulting from the application of those provisions during the period.
Note : Division 4.2 of this Act commences on the date of assent to this Act. This Division of this Part provides for the transfer of Crown land under Division 4.2 of this Act from the date of assent until immediately before the repeal day.
In this Division--
"new council transfer provisions" means Division 4.2 (Vesting of Crown land in
local councils) of this Act.
"old council transfer provisions" means Division 7 of Part 4 of the
Crown Lands Act 1989 .
"transitional vesting period" means the period--
(a) beginning on the date of assent to this Act, and
(b) ending immediately before the repeal day.
The Minister cannot use the old council transfer provisions to vest land in local councils during the transitional vesting period.
(1) The following provisions apply in relation to the vesting of land in local councils under the new council transfer provisions during the transitional vesting period--(a) a reference to transferable Crown land in the new council transfer provisions is to be read as being a reference to prescribed land (as defined in the old council transfer provisions),(b) the following provisions of this Act apply (and functions are conferred or imposed under them) in relation to the vesting of land under the new council transfer provisions even if they have not commenced--(i) Part 8 (Native title rights and interests) of this Act,(ii) any other provisions of this Act prescribed by the regulations,(iii) any relevant definitions in Part 1 of this Act, except as provided by paragraph (a).
(2) To avoid doubt, regulations may be made for the purposes of a provision that applies because of subclause (1) (b) even though it has not commenced.
(1) Except as provided by subclause (2), any amount owing under a repealed Act or repealed statutory rule to a person, body or entity continues on and from the repeal day to be owing under this Act to the same person, body or entity.
(2) Any amount owing under a repealed Act or repealed statutory rule to a body or entity reconstituted or abolished by this Part is taken on and from the repeal day to be owing under this Act--(a) if there is a successor body--to the successor body, or(b) if there is no successor body--to the Crown.
(2A) The following provisions apply in relation to a transitional reserve trust--(a) any amount owing to the reserve trust under a repealed Act or repealed statutory rule continues to be owing to it under subclause (1) while the reserve trust is in existence during its continuation period,(b) this clause applies on the transition day to any amount continuing to be owing to the reserve trust under a repealed Act or repealed statutory rule immediately before that day as if the reference in subclause (2) to the repeal day were a reference to the transition day.
(3) This clause does not limit Schedule 6 if it is applied by a provision of this Part to a particular transfer of assets, rights or liabilities.
(4) In this clause--
"amount owing" includes fees, charges, rents and royalties.
"successor body" means (subject to the regulations)--(a) for a reconstituted or abolished reserve trust--a statutory land manager, local council or corporation that is taken by clause 11 to have been appointed as the Crown land manager of the former trust land (as defined in that clause), and(b) for an abolished trust for special trust land referred to in clause 12--a statutory land manager taken by clause 12 to have been appointed as the Crown land manager of the trust's land, and(c) for an abolished trust over institutional public trust land--a statutory land manager taken by clause 13 to have been appointed as the Crown land manager of the trust's land, and(d) for the abolished Trust for the Orange Show Ground--the Orange City Council.
(1) This clause applies to a purpose declared to be a public purpose (a
"declared public purpose" ) for the definition of
"public purpose" in section 3 (1) of the Crown Lands Act 1989 in relation to a provision of that Act.
(2) Subject to the regulations, a declared public purpose continues on and from the repeal day to have effect for the purposes of the definition of
"public purpose" in section 1.5 (1) of this Act as if the regulations had declared the purpose to be a public purpose for the corresponding provision (if any) of this Act.
Any advisory committee established under section 12 of the Crown Lands Act 1989 continues in existence on and from the repeal day as an advisory committee established under section 12.1 of this Act.
Any uncompleted reference to the Secretary under section 19 of the Crown Lands Act 1989 may be completed on and from the repeal day as if that section had not been repealed.
Any arrangement under section 18 of the Crown Lands Act 1989 is taken on and from the repeal day to be an arrangement entered into under section 12.4 of this Act.
(1) Each of the following persons is taken to have been appointed as an authorised officer on and from the repeal day--(a) any person who is an authorised inspector under the Crown Lands Act 1989 , and(b) any person who is an authorised person for the purposes of Division 5 of Part 7 of the Crown Lands Act 1989 of a kind referred to in paragraph (b) or (c) of the definition of
"authorised person" in section 153 of that Act.
(2) The person's appointment as an authorised officer is subject to the same limitations specified in the person's instrument of appointment as an authorised inspector or authorised person.
(3) If any of these limitations is by reference to a provision of the Crown Lands Act 1989 , that limitation is to be read as a limitation by reference to the corresponding provisions (if any) of this Act.
(4) The person may continue to use the person's identification card as an authorised inspector or authorised person as an identity card for the purposes of this Act until it is replaced.
(1) This clause applies to land (
"former reserve land" ) that was a reserve within the meaning of Part 5 of the Crown Lands Act 1989 .
(2) If clause 11 operates to appoint a non-council manager as the Crown land manager of the former reserve land, a plan of management in force under Division 6 of Part 5 of the Crown Lands Act 1989 for that land is taken on and from the repeal day to be a plan of management for that land under Division 3.6 of this Act.
(3) If clause 11 operates to appoint a council manager as the Crown land manager of the former reserve land, the following provisions apply--(a) subject to subclause (4), a plan of management in force under Division 6 of Part 5 of the Crown Lands Act 1989 for that land continues in force in respect of the land until whichever of the following occurs first--(i) a new plan of management under the Local Government Act 1993 is adopted for the land for the purposes of section 3.23 of this Act,(ii) the land is classified as operational land with Minister's consent under section 3.22 of this Act,(iii) the initial period referred to in section 3.23 of this Act ends,(b) the Minister has the same power to cancel (but not to alter) the plan of management as the Minister had under section 115 of the Crown Lands Act 1989 ,(c) the council manager cannot do anything that contravenes the plan of management while it continues in force.
(4) A plan of management in force under Division 6 of Part 5 of the Crown Lands Act 1989 that ceases to continue in force because of subclause (3) (a) (ii) is taken, on and from the day the former reserve land becomes operational land, to be a plan of management under Division 3.6 of this Act.
Note : See section 3.23 concerning adoptions of plans of management by council managers.
(1) This Division applies on and from the repeal day to a provision (an
"affected legislative provision" ) of another Act or any instrument made under another Act (whether enacted or made before or after the commencement of this clause), except a provision excluded by subclause (2).
(2) Each of the following provisions is excluded from subclause (1)--(a) a provision of the amending Act,(b) a provision of any other Act or instrument made under another Act that contains a reference inserted or substituted by, or retained despite, an amendment made to the provision by the amending Act,(c) a spent savings or transitional provision of any other Act or an instrument made under any other Act,(d) a provision of an Act or instrument made under an Act (or a provision belonging to a class of provisions) prescribed by the regulations.
(3) This Division extends to an affected legislative provision that contains a reference to an Act repealed by the Crown Lands Act 1989 if it was required to be read as a reference to the Crown Lands Act 1989 or Crown Lands (Continued Tenures) Act 1989 .Note : For example, clause 21 (1) of Schedule 8 to the Crown Lands Act 1989 required a reference in any other Act, in any instrument made under an Act or in any other instrument to the Crown Lands Consolidation Act 1913 to be read as a reference to the Crown Lands Act 1989 . See also section 68 (References to amended or repealed Acts and instruments) of the Interpretation Act 1987 .
(4) This Division has effect unless the context or subject-matter indicates or requires differently.
In any affected legislative provision--
(a) subject to paragraph (b), a reference to a repealed Act is to be read as a reference to this Act, and
(b) a reference to a provision of a repealed Act is to be read as a reference to the corresponding provision (if any) of this Act.
(1) A reference in any affected legislative provision to land that is dedicated or reserved under a repealed Act is to be read as a reference to land that is dedicated or reserved under this Act.
(2) A reference in any affected legislative provision to a reserve trust (as defined in Part 5 of the Crown Lands Act 1989 ) is to be read as a reference to--(a) in the case where it relates to particular dedicated or reserved Crown land--the Crown land manager (if any) for that land, or(b) in any other case--to a Crown land manager.
(1) Unless the regulations provide differently, this Division applies to the provisions of non-legislative instruments in the same way as it applies to affected legislative provisions.
(2) A
"non-legislative instrument" is an instrument (except an Act or an instrument made under an Act) or any other document that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order, process or other instrument issued by a court or tribunal.
(1) This clause applies to each regulatory authorisation held by or on behalf of a reconstituted or abolished body (an
"existing regulatory authorisation" ).
(2) Each of the existing regulatory authorisations becomes a regulatory authorisation of the successor body for the reconstituted or abolished body (the
"transferred regulatory authorisation" ) on the repeal day for the purposes of the Act or statutory rule (the
"relevant State legislation" ) under which the existing regulatory authorisation was issued.
(3) The provisions of the relevant State legislation apply in relation to a successor body in relation to a transferred regulatory authorisation subject to any modifications prescribed by the regulations.
(4) The Minister is not to recommend the making of a regulation for the purposes of subclause (3) unless the Minister administering the Act or statutory rule proposed to be modified has consented to the modification concerned.
(5) The person or body (a
"regulatory body" ) that has the function under the relevant State legislation of issuing regulatory authorisations of the same kind as a transferred regulatory authorisation must, at the request of the successor body, re-issue the transferred regulatory authorisation in the name of the successor body (with substantially the same terms, conditions and endorsements as the transferred regulatory authorisation).
(6) No fee or charge is payable by a successor body to a regulatory body for or in respect of the exercise of any function by the regulatory body in connection with the transfer or re-issue of a regulatory authorisation by operation of, or under, this clause.
(6A) The following provisions apply in relation to a transitional reserve trust--(a) any regulatory authorisation held by or on behalf of the reserve trust immediately before the repeal day continues to be held by or on behalf of it while the reserve trust is in existence during its continuation period,(b) this clause applies on the transition day to any regulatory authorisation held by or on behalf of the reserve trust immediately before that day as if the reference in subclause (2) to the repeal day were a reference to the transition day.
(7) In this clause--
"issued" includes given.
"reconstituted or abolished body" means each of the following--(a) a reconstituted or abolished reserve trust,(b) an abolished trust for special trust land referred to in clause 12,(c) an abolished trust over institutional public trust land,(d) the abolished Trust for the Orange Show Ground.
"regulatory authorisation" means a licence, permit, consent, entitlement, accreditation or other authority under an Act or statutory rule, including (but not limited to) the following--(a) a licence under the Betting and Racing Act 1998 ,(b) a licence under the Liquor Act 2007 ,(c) a poker machine entitlement or licence under the Gaming Machines Act 2001 ,(d) a licence under the Totalizator Act 1997 ,(e) any other licence, permit, consent, entitlement, accreditation or other authority of a kind prescribed by the regulations.
"successor body" means--(a) for a reconstituted or abolished reserve trust--a statutory land manager, local council or corporation that is taken by clause 11 to have been appointed as the Crown land manager of the former trust land (as defined in that clause), and(b) for an abolished trust for special trust land referred to in clause 12--a statutory land manager taken by clause 12 to have been appointed as the Crown land manager of the trust's land, and(c) for an abolished trust over institutional public trust land--a statutory land manager, local council or corporation taken by clause 13 to have been appointed as the Crown land manager of the trust's land, and(d) for the abolished Trust for the Orange Show Ground--the Orange City Council.
(1) The Minister may, by written order, give directions as to the name of any statutory land manager or other corporation that is taken to be constituted by this Part.
(2) A corporation to which a direction applies is taken for the purposes of this Act to have the name specified in the direction despite anything in this Part or any other provision of this Act.
No compensation is payable for--
(a) the loss of an office (including that of a trustee) because of the operation of this Schedule, or
(b) the abolition of a corporation, trust or other entity because of the operation of this Schedule.
(1) The operation of this Schedule is not to be regarded as--(a) a breach of contract or confidence or otherwise as a civil wrong, or(b) a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or(c) giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or(d) an event of default under any contract or other instrument.
(2) Subclause (1) does not limit application of clause 43 or clause 3 of Schedule 6 in their application to matters arising under or resulting from the operation of this Schedule.
(3) In this section--
"instrument" has the same meaning as in Schedule 6.
(1) Subject to this Part, Schedules 1-4 and the regulations, anything done under or for the purposes of a provision of a repealed Act or repealed statutory rule is, to the extent that it has effect immediately before the repeal of the provision, taken on and from the repeal day to have been done under or for the purposes of the corresponding provision (if any) of this Act.
(2) Subject to this Part, anything done under or for the purposes of a pre-amended Crown roads provision is, to the extent that it has effect immediately before the repeal or amendment of the provision, taken on and from the repeal day to have been done under or for the purposes of the corresponding provision (if any) of the Roads Act 1993 or regulations under that Act (as amended by Schedule 3 to the amending Act).
(3) In this clause--
"pre-amended Crown roads provision" means a provision of the Roads Act 1993 or the regulations under that Act as in force immediately before its repeal or amendment by Schedule 3 to the amending Act.
In this Part--
"Dhiiyaan Aboriginal Centre" means the uses, services and functions carried
out under the Dhiiyaan Aboriginal Centre licence immediately before the repeal
day over the land to which the licence applied and the building in which those
uses, services and functions occurred.
"Dhiiyaan Aboriginal Centre licence" means the licence granted by the Trustee
corporation to Moree Plains Shire Council (as representative for the Dhiiyaan
Aboriginal Centre) over the Trust land on 23 October 2014 as in force
immediately before the repeal day.
"Moree RSL Sub-branch licence" means the sub-licence granted by Moree Plains
Shire Council to the Moree RSL Sub-branch over the Trust land on 12 August
2016 as in force immediately before the repeal day.
"repeal day" means the day on which the repealed Act is repealed by the
Statute Law (Miscellaneous Provisions) Act 2018 .
"repealed Act" means the Moree and District War Memorial Educational Centre
Act 1962 .
"reserved Crown land" means the land comprised in the Trust land that is
reserved Crown land by operation of clause 47 (2) of this Part.
"Trust land" means the land to which the Schedule to the repealed Act applied.
"Trustee corporation" means the body corporate established by operation of
section 6 (3) of the repealed Act.
(1) This Part has effect despite anything to the contrary in this Act or the Local Government Act 1993 (including in respect of maximum terms or conditions for licences).
(2) Any matter or thing taken to have been granted or reserved by this Part may be varied, forfeited, revoked, terminated or cancelled or dealt with in any other way under this Act.
(1) On and from the repeal day, the following are revoked--(a) the dedication of the Trust land made under section 3 of the repealed Act,(b) any licence granted by the Trustee corporation over the Trust land except as provided by this Part.
(2) On and from the repeal day, the land comprised in the Trust land--(a) becomes Crown land, and(b) is taken to be reserved under Part 2 of this Act for use for community purposes.Note : Section 1.10 provides for land that becomes Crown land because of the operation of a provision of this Act.
(3) To avoid doubt, the continued use of the land for the Dhiiyaan Aboriginal Centre is a use for community purposes.
(1) On the repeal day, the following are abolished--(a) any trust over the Trust land,(b) the Trustee corporation.
(2) On and from the repeal day, the following provisions apply--(a) Moree Plains Shire Council is taken to have been appointed as the Crown land manager of the Trust land,(b) the assets, rights and liabilities of the Trustee corporation are transferred to Moree Plains Shire Council.
(3) Schedule 6 applies to a transfer of any assets, rights or liabilities under this clause.
(1) This clause applies to the land comprised in the reserved Crown land to which the Moree RSL Sub-branch licence applied immediately before the repeal day.
(2) On and from the repeal day, the Moree RSL Sub-branch licence is taken to have been a licence granted under this Act over the reserved Crown land to which this clause applies (the
"Moree RSL Sub-branch continued licence" ).
(3) The Moree RSL Sub-branch continued licence--(a) is subject to the same conditions to which the Moree RSL Sub-branch licence was subject immediately before the repeal day and may be varied or revoked as if they were imposed under this Act, and(b) expires on the expiry date.
(4) To avoid doubt, the Moree RSL Sub-branch is permitted to use the reserved Crown land to which this clause applies in accordance with the conditions of the Moree RSL Sub-branch continued licence.
(5) In this clause--
"expiry date" means--(a) the day on which the Moree RSL Sub-branch licence was to expire immediately before the repeal day unless an option is exercised in accordance with the conditions of the continued licence, or(b) if the option is exercised--the day on which the continued licence is to expire after the exercise of the option in accordance with the conditions of the licence.
(1) This clause applies to the land comprised in the reserved Crown land to which the Dhiiyaan Aboriginal Centre licence applied immediately before the repeal day.
(2) A licence is taken to have been granted under this Act over the reserved Crown land to which this clause applies to permit the Dhiiyaan Aboriginal Centre to continue (the
"Dhiiyaan Aboriginal Centre continued licence" ).
(3) The Dhiiyaan Aboriginal Centre continued licence--(a) is subject to any conditions that may be prescribed by the regulations, and(b) expires on the day on which the Dhiiyaan Aboriginal Centre licence was to expire immediately before the repeal day or as may be prescribed by the regulations.
(4) Without limiting any other power to grant licences under this Act, a licence may be granted over the reserved Crown land to which this clause applies for the purpose of permitting the Dhiiyaan Aboriginal Centre to continue on terms and conditions that are the same as or similar to those of the Dhiiyaan Aboriginal Centre licence.
(1) The operation of this Part is not to be regarded as a civil wrong, or--(a) a breach of contract or confidence or otherwise as a civil wrong, or(b) a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or(c) giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or(d) an event of default under any contract or other instrument.
(2) Subclause (1) does not limit the application of clause 43 or clause 3 of Schedule 6 in their application to matters arising under or resulting from the operation of this Part.
(3) In this clause--
"instrument" has the same meaning as in Schedule 6.