New South Wales Repealed Acts

This legislation has been repealed.

CROWN LANDS ACT 1989 - SECT 76

76 Vesting of certain land in councils

(1) Subject to section 35 (which relates to assessment of land under Part 3), the Minister may, by notification in the Gazette, vest any prescribed land in a council for an estate in fee simple if the Minister is of the opinion that:

(a) the land:

(i) is a public reserve within the meaning of the Local Government Act 1993 or is suitable for use as such a public reserve, or

(ii) is used, or is suitable for use, for any other purpose for which land may be acquired by a council under the Local Government Act 1993 , and

(b) it is proper that, having regard to the purpose (if any) for which the land is used, the land should be vested in the council.

(2) Land shall not be vested under this section in a council unless:

(a) the council agrees, and

(b) the land is wholly within the area of the council.

(3) The land vested may be limited to:

(a) the surface of the land, or

(b) the surface of the land and a stated depth below.

(4) A notification under subsection (1) shall include a reservation of all minerals in the land and such other reservations and exceptions as the Minister considers to be expedient in the public interest.

(5) A vesting of land under this section takes effect subject to the reservations and exceptions contained in the notification by which the vesting is effected.

(6) The Minister may, in a notification under subsection (1), declare the vested land to be a public reserve for the purposes of the Local Government Act 1993 .

(7) If land comprising the whole of a reserve is vested in a council under this section and there were trustees of the reserve holding office immediately before the vesting, the provisions of section 125 (1) and (3), as modified by any agreement under subsection (8), have effect as if:

(a) the reserve had been added under Part 5 to another reserve,

(b) a reference in section 125 (3) to the former trustee were a reference to the trustees so holding office, and

(c) a reference in section 125 (3) to the new trustee were a reference to the council.

(8) Before a reserve referred to in subsection (7) is vested in a council under this section, the Minister and the council may agree to except specified assets, debts and liabilities from the operation of section 125 (3).

(9) A notification under subsection (1) takes effect on and from the date of publication or a later date specified in the notification.