New South Wales Consolidated Acts

SYDNEY OLYMPIC PARK AUTHORITY ACT 2001 - SECT 32

32 Grant of leases, easements and licences

(1) The Authority may, in accordance with the provisions of this section and with the approval of the Minister, grant--

(a) leases of parts of the Millennium Parklands, and

(b) easements through, on or in the Millennium Parklands, and

(c) licences for use of parts of the Millennium Parklands.

(2) A lease, licence or any other interest or estate in respect of the Millennium Parklands may be granted by the Authority--

(a) for the provision of public utilities and works associated with or ancillary to public utilities, or

(b) in accordance with an express authorisation in the plan of management for the Millennium Parklands and with such provisions of the plan of management as apply to the granting of the lease, licence or other interest or estate.

(3) The plan of management is to specify the purpose for which any such lease, licence or other interest or estate is to be granted by tender only.

(4) If the Authority proposes to grant a lease, licence or other interest or estate in respect of the Millennium Parklands, the Authority must--

(a) give public notice of the proposal, and

(b) exhibit notice of the proposal on the land to which the proposal relates, and

(c) give notice of the proposal to such persons as appear to the Authority to own or occupy the land adjoining the land to which the proposal relates.

(5) The notice of the proposal must include--

(a) information sufficient to identify the land concerned, and

(b) the purpose for which the land will be used under the proposed lease, licence or other interest or estate, and

(c) the full term of the proposed lease, licence or other interest or estate, and

(d) the name (if known) of the person to whom it is proposed to grant the lease, licence or other interest or estate, and

(e) a statement that submissions in writing may be made with respect to the granting of the proposed lease, licence or other interest or estate within such period (of not less than 28 days) as is specified in the notice.

(6) Any person may make a submission in writing on the proposal to the Authority during the period specified in the notice.

(7) The Authority must, before granting the proposed lease, licence or other interest or estate, take into consideration all submissions duly made to it.

(8) In addition to any other restrictions created by a lease granted under subsection (1), land that is the subject of any such lease cannot be sublet for a purpose other than a purpose for which the land is permitted to be used under the plan of management.

(9) The Authority may, with the approval of the Minister, impose restrictions on the use of, or impose positive covenants on, the Millennium Parklands or other lands in accordance with sections 88D and 88E of the Conveyancing Act 1919 .

(10) A lease granted under subsection (1) (a) may not have a term that, together with the term of any further lease that may be granted pursuant to an option contained in the lease, exceeds 25 years.

(11) Subsection (10) does not apply to a lease that--

(a) grants to Cawbac Pty Limited (or any transferee, assignee or successor in title) the same estate or interest in the Millennium Parklands as it had under a lease of the same lands in force immediately before 1 January 1988, and

(b) is for a term that, together with any further term available on the exercise of an option for a further lease, expires not later than 31 December 2009.

(12) This section does not apply to the Newington (formerly Silverwater) Nature Reserve.

(12A) Despite subsection (1), the Chief Executive, or a member of staff of the Authority designated in writing by the Chief Executive for the purposes of this subsection, may grant a licence referred to in subsection (1) (c) that is for a term of 5 years or less without having to obtain the Minister's approval for the grant.

(13) In this section,
"easement" includes an easement without a dominant tenement referred to in section 88A of the Conveyancing Act 1919 .