2017
2017
2018-07-01
act
government
publicspecial
act.reprint
act-2017-063
allinforce
2017-05-02
2017-05-02
0
2017
none
act-2017-017
e1c6bb88-1e5e-459b-ae47-c8ef8178007e
1899a431-903d-49e8-be60-addb4cbaac66
Does not include amendments
by:
Transport
Administration Amendment (Sydney Metro) Act 2018 No 18
(not commenced — to commence on 1.7.2018)
Note—
Amending Acts and amending provisions are subject
to automatic repeal pursuant to sec 30C of the Interpretation
Act 1987 No 15 once the amendments have taken
effect.
An Act to amend certain legislation consequent on
the enactment of the Crown Land Management Act
2016.
1Name of
Act
This Act is the Crown Land
Legislation Amendment Act 2017.
2Commencement
(1)
This Act commences on the day on which the
Crown Lands Act 1989 is repealed by the
Crown Land Management Act 2016, except
as provided by this section.
(2)
Schedule 1 commences on the date of assent to
this Act.
Schedule 1
sch 1: Rep 1987 No
15, sec 30C.
Schedule 2Amendment of legislation
referring to reserve trusts
2.1Betting and Racing Act 1998 No
114
Section 4
Definitions
Omit paragraph (c) of the definition of approved body in section 4 (1).
Insert instead:
(c)
a statutory land manager within the meaning of
the Crown Land Management Act
2016.
2.2Cemeteries and Crematoria Act 2013 No
105
[1]Section 3 Objects of
Act
Omit “section 11 of the Crown Lands Act 1989” from section
3 (f).
Insert instead “section 1.4 of the Crown Land Management Act
2016”.
[2]Section 4
Interpretation
Omit section 4 (3). Insert instead:
(3)
An expression that is used in this Act and that
is defined in the Crown Land Management Act
2016 (not being an expression that is defined in this Act)
has the same meaning in this Act in relation to a Crown cemetery or Crown
cemetery operator as it has in that Act in relation to dedicated or reserved
Crown land or a person responsible for the care, control and management of
dedicated or reserved Crown land, respectively.
Note—
Expressions used in this Act (or in a particular
provision of this Act) that are defined in the Interpretation
Act 1987 have the meanings set out in that
Act.
See also section 3.1 (Responsibility for
management of Crown land) of the Crown Land
Management Act 2016.
[3]Section 5 Relationship of Act
and Crown Land Management Act 2016 and other
legislation
Omit “Crown Lands Act
1989” wherever occurring in section 5
(1)–(3).
Insert instead “Crown
Land Management Act 2016”.
[4]Section 5
(1)
Omit “by-law” and “a
reserve” wherever occurring.
Insert instead “regulations” and
“dedicated or reserved Crown land”,
respectively.
[5]Section 14 Reserve power to
acquire land in the public interest
Omit “Crown cemetery trust” wherever
occurring.
Insert instead “Crown cemetery
operator”.
[6]Section 14 (1)
(b)
Omit “Crown Lands Act
1989”. Insert instead “Crown
Land Management Act 2016”.
[7]Section 14 (3)
(b)
Omit “trust”. Insert instead
“operator”.
[8]Section 14 (4) and
(5)
Omit “Public Works Act
1912” wherever occurring.
Insert instead “Public
Works and Procurement Act
1912”.
[9]Section 22 The Cemeteries
Agency Fund
Omit the note to section 22 (1)
(b).
[10]Section
71
Omit the section. Insert instead:
71Interpretation
In this Part and Schedule 2:
Crown
cemetery operator means:
(a)
the Crown land manager of a Crown cemetery,
or
(b)
any other person responsible under the Crown Land Management Act 2016 for the
care, control and management of a Crown cemetery.
Crown
land manager, in relation to a Crown cemetery, means the
Crown land manager of the cemetery under the Crown Land
Management Act 2016.
operator
board means the board or other governing body of a Crown
cemetery operator.
operator
member, in relation to a Crown cemetery operator,
means:
(a)
for an operator with an operator board—each
member of the board, and
(b)
for an operator without an operator board:
(i)
if the operator is under administration—the
administrator, or
(ii)
if the operator is not under
administration—each person involved in the management of the affairs of
the operator.
statutory
land manager means a statutory land manager within the
meaning of the Crown Land Management Act
2016.
Note—
Section 5 provides that:
(a)
if provision is made both by or under the Crown Land Management Act 2016 and this
Act in relation to the exercise of functions by, or in respect of, a Crown
cemetery operator in the same or substantially the same circumstances the
function is not exercisable under the Crown Land
Management Act 2016, and
(b)
in the event of any inconsistency between the
provisions of this Act or the regulations and a provision of the Crown Land Management Act 2016, the
provisions of this Act or the regulations (as the case may be) prevail to the
extent of the inconsistency.
[11]Section 72 Exemption
power—Cemeteries Agency
Omit “a trust member” and
“trust members” from section 72 (1).
Insert instead “an operator member”
and “operator members”, respectively.
[12]Part 5, Division 2,
heading
Omit “Cemetery trust
operators”. Insert instead “Crown cemetery
operators”.
[13]Part 5, Division 2,
Subdivision 1
Omit the Subdivision. Insert instead:
Subdivision 1Appointment of Crown cemetery
operators
73Cemeteries Agency may make
recommendations about appointments of operators
(1)
The Cemeteries Agency may make recommendations to
the Minister administering the Crown Land
Management Act 2016 concerning the appointment of a Crown
land manager as a Crown cemetery operator (including the members of its
operator board) for any Crown cemetery.
(2)
The Minister may (but need not) make appointments
based on any such recommendations.
74Special provisions for Crown
cemetery operators that are statutory land managers
Schedule 2 contains provisions that apply to
Crown cemetery operators that are statutory land managers with
boards.
75Delegation of functions by
Crown cemetery operators
(1)
A Crown cemetery operator may, with the approval
of the Cemeteries Agency, delegate any of its functions (other than this power
of delegation) as an operator to any other person or
body.
(2)
Without limiting section 49 of the Interpretation Act 1987, a delegation by
an operator under subsection (1) may, with the approval of the Cemeteries
Agency, be revoked by an operator at any time.
(3)
The regulations may make provision for or with
respect to delegations under this section.
(4)
In particular, the regulations may require
records to be kept of delegations of all or any particular functions or the
revocation of such delegations.
[14]Section
80A
Insert before section 81:
80AApplication of
Subdivision
(1)
The obligations imposed by this Subdivision are
intended to apply in relation to all Crown cemetery operators and their
operator boards and members and, in particular, to Crown cemetery operators
that are statutory land managers and their operator boards and
members.
(2)
This Subdivision applies only in relation to the
exercise of a Crown cemetery operator’s functions as an
operator.
(3)
If a Crown cemetery operator is not a statutory
land manager, this Subdivision applies subject to the following:
(a)
any modifications to the provisions of this
Subdivision prescribed by the regulations,
(b)
the constitution of, and any other governance
provisions applicable to, the operator under another Act (including a
Commonwealth Act, but not the Crown Land
Management Act 2016) that the operator and its board are
required to comply with.
(4)
However, this Subdivision does not apply in
relation to Crown cemetery operators that are councils within the meaning of
the Local Government Act
1993.
(5)
In this section:
modification includes addition,
exception, omission or substitution.
[15]Part 5, Division 2,
Subdivision 2
Omit each expression specified in Column 1 of the
following Table wherever occurring (including headings and notes) except as
otherwise amended by this Schedule.
Insert instead the expression specified in Column
2 opposite the expression specified in Column 1:
Table
Column
1
Column
2
“A
trust member”
“An
operator member”
“a
trust member”
“an
operator member”
“the
trust member”
“the
operator member”
any other
reference to “trust member”
“operator member”
“trust members”
“operator members”
“trust member’s”
“operator member’s”
“Crown cemetery trust”
“Crown cemetery operator”
“Crown cemetery trust’s”
“Crown cemetery
operator’s”
“a
trust board”
“an
operator board”
“the
trust board”
“the
operator board”
[16]Section 85 Notification of
significant events
Omit the note to section 85 (1). Insert
instead:
Note—
Part 3 of the Crown Land
Management Act 2016 also imposes other obligations on
Crown cemetery operators (including those with operator
boards).
[17]Section 86 Codes of
conduct
Omit section 86 (1). Insert instead:
(1)
A Crown cemetery operator must prepare and adopt
a code of conduct to be observed by operator members and persons employed by
the operator within 3 months after becoming the
operator.
(1A)
A code of conduct in force under this section for
a Crown cemetery trust for a Crown cemetery immediately before this section
was amended by the Crown Land Legislation Amendment Act
2017 continues in force for the purposes of this Act as
if:
(a)
the code had been adopted by the Crown cemetery
operator for that cemetery on the date it was originally adopted,
and
(b)
the members of the board of the operator and its
employees had been signatories to the code.
[18]Section 89 Liability of
operator board, members and other persons
Omit “(other than a director or officer of
a corporation referred to in subsection (2))” from section 89 (1)
(a).
[19]Section 89
(2)
Omit the subsection.
[20]Section
90
Omit the section. Insert instead:
90Strategic
plans
(1)
A strategic plan identifies the main priorities
for the future of a Crown cemetery for the period to which the plan
relates.
(2)
A Crown cemetery operator must:
(a)
prepare a draft strategic plan for the management
of the operation of each Crown cemetery for which the operator is responsible
in accordance with this section, and
(b)
submit the strategic plan to the Cemeteries
Agency for review.
(3)
A Crown cemetery operator who is responsible for
more than one Crown cemetery may prepare a single draft strategic plan for all
those cemeteries.
(4)
The Crown cemetery operator must prepare the
first draft strategic plan for a Crown cemetery within 12 months after the
operator becomes the operator.
(5)
A strategic plan in force under this section for
a Crown cemetery trust immediately before this section was substituted by the
Crown Land Legislation Amendment Act
2017 continues in force for the purposes of this Act for
each Crown cemetery for a Crown cemetery operator to which the plan
applied.
(6)
Subsequent draft strategic plans must be prepared
at such times as the Cemeteries Agency directs.
(7)
The strategic plan must be in the form and
provide for such matters as may be required by the Cemeteries Agency and must
be prepared in accordance with any guidelines made by the Cemeteries Agency
under section 91.
(8)
The Cemeteries Agency may require an operator to
amend and re-submit a draft strategic plan that is not prepared in accordance
with the guidelines.
(9)
The Cemeteries Agency may:
(a)
approve a strategic plan, or
(b)
approve a strategic plan with amendments,
or
(c)
refuse to approve a strategic
plan.
(10)
A Crown cemetery operator must advise the
Cemeteries Agency if the operator wishes to exercise the operator’s
functions in a manner inconsistent with an approved strategic
plan.
(11)
A Crown cemetery operator must ensure that an
approved strategic plan is published in the Gazette and is made available to
members of the public on request.
[21]Section 91 Guidelines for
strategic plans
Omit “trust” from section 91
(2).
[22]Section 93 Preparation of
draft plan of management
Omit “a cemetery for which a Crown cemetery
trust has been established and the affairs of which are managed by the
operator” from section 93 (1).
Insert instead “a Crown cemetery the
operator manages”.
[23]Section 93
(6)
Omit “Crown cemetery trust” and
“all cemeteries the subject of those trusts”.
Insert instead “Crown cemetery” and
“all of the cemeteries”, respectively.
[24]Section 94 Guidelines for
draft plans of management
Omit “trust” from section 94 (2)
(a).
[25]Section
98A
Insert after section 98:
98ASaving of certain plans of
management
A plan of management in force under this
Subdivision for a Crown cemetery before this section was inserted by the
Crown Land Legislation Amendment Act
2017 continues in force for the purposes of this
Subdivision for that Crown cemetery.
[26]Section
99
Omit the section. Insert instead:
99Annual
report
(1)
A Crown cemetery operator must, within 4 months
after the end of each financial year, submit an annual report of the
operator’s operations in connection with the Crown cemeteries the
operator operates for the financial year to the Cemeteries
Agency.
(2)
The annual report must include the
following:
(a)
an audited financial statement for the period to
which the report relates,
(b)
a report about the operations of the operator and
the performance of the operator’s functions under this Act during the
period to which the annual report relates prepared in accordance with this Act
and the regulations,
(c)
such financial reports, opinions, budgets,
reports and other matters as may be prescribed by the
regulations.
(3)
The financial statement is to be prepared in
accordance with Australian Accounting Standards.
(4)
The financial statement is to be audited by an
independent auditor and a report is to be provided by the
auditor.
(5)
A person is not qualified to be an auditor for
the purposes of this section unless the person is a registered company auditor
(within the meaning of the Corporations Act
2001 of the Commonwealth).
(6)
An auditor of a Crown cemetery operator is not an
independent auditor:
(a)
if (otherwise than as an auditor) the person is
an officer or employee of the operator, or
(b)
if the person is a partner, employer, employee,
spouse, de facto spouse or immediate family member of a person who is
(otherwise than as an auditor) an officer or employee of the
operator.
(7)
The Cemeteries Agency may extend, or further
extend, the period for submission of an annual report to it by a total period
of up to 3 months.
(8)
In this section:
Australian Accounting Standards
means Accounting Standards issued by the Australian Accounting Standards
Board.
[27]Section 100 Nature of report
of operations
Omit “for which the Crown cemetery trust
concerned was established” from section 100 (1).
Insert instead “managed by the Crown
cemetery operator”.
[28]Section 101 Additional
information—civil obligation
Omit “trust” from section 101 (1).
Insert instead “operator”.
[29]Section 102 Inspection etc of
Crown cemetery operator
Omit “trust” wherever occurring.
Insert instead “operator”.
[30]Section 103 Establishment and
functions of committees
Omit “A trust board” and “the
trust board” wherever occurring.
Insert instead “An operator board”
and “the operator board”, respectively.
[31]Section 104 Membership and
procedure of committees
Omit “trust board” wherever
occurring. Insert instead “operator board”.
[32]Section 105 Committee
guidelines
Omit “trust board” from section 105
(2). Insert instead “operator board”.
[33]Section 142
Regulations
Insert after section 142 (2) (d):
(e)
the granting, transfer and revocation of
exclusive rights of burial in relation to Crown
cemeteries,
(f)
the measures to be taken by way of compensation
to former holders of exclusive rights of burial in Crown cemeteries in the
event those rights are revoked.
[34]Schedule
2
Omit the Schedule. Insert instead:
Schedule 2Special provisions for Crown
cemetery operators that are statutory land managers
(Section 74)
Part 1Preliminary
1Application of
Schedule
This Schedule applies in relation to a Crown
cemetery operator (a statutory
operator) if it is a statutory land manager with a
board.
Note—
The provisions of this Schedule prevail to the
extent of any inconsistency with the Crown Land
Management Act 2016. See section 5 of this
Act.
2Definitions
In this Schedule:
board
member means a member of a statutory operator
board.
statutory
operator—see clause 1.
statutory
operator board means the board of a statutory
operator.
Part 2Members
3Acknowledgment of duties and
liabilities for effective appointment
The appointment of a person as a board member is
ineffective unless the person has acknowledged the duties and liabilities
imposed on the person as such a member by signing the instrument appointing
the person as a board member.
4Ex officio
members
(1)Application
This clause applies to a board member who is
appointed as a board member by reference to an office the person holds (an
ex
officio member).
Note—
Board members are appointed under clause 4 of
Schedule 5 to the Crown Land Management Act
2016. Members can be appointed under that clause by
reference to the offices they hold (that is, ex officio members) because of
section 49 of the Interpretation Act
1987.
(2)Nominees may act for ex
officio members
An ex officio member may, with the approval of
the Minister, appoint a nominee.
(3)
The nominee may attend a meeting of the members
in the place of the ex officio member.
(4)
For the purposes of the meeting the nominee is
taken to be the ex officio member.
(5)Vacation of
office
Without limiting clause 13 of Schedule 5 to the
Crown Land Management Act 2016, a person
who is an ex officio member vacates office as an ex officio member when the
person ceases to hold the ex officio office concerned.
(6)
However, if the person is an ex officio member
because the person holds a local government office and the person ceases to
hold the local government office, the person continues as a member
until:
(a)
one month has elapsed, or
(b)
the local government office is
filled,
whichever first occurs.
(7)
Subclause (6) does not apply if the member ceased
to hold office:
(a)
in circumstances giving rise to a vacancy in
civic office under section 234 of the Local Government
Act 1993, or
(b)
because of a declaration under section 255 of
that Act.
(8)Definition
In this clause:
local
government office means the office of a councillor
(including a mayor) under the Local Government
Act 1993.
Part 3Administration
5Officers and
employees
(1)
A statutory operator board may appoint and employ
a chief executive officer, chief financial officer, rangers and such other
officers and employees as may be necessary for the efficient operation of the
statutory operator.
(2)
One person may be appointed to the positions of
chief executive officer and chief financial officer of the statutory
operator.
(3)
A board member may be appointed and employed
under this clause but only with the approval of the
Minister.
6Duties of chief executive
officer and chief financial officer
(1)
The chief executive officer is:
(a)
to keep and maintain minutes of each meeting of
the statutory operator board, and
(b)
to keep and maintain the book (disclosure of
material personal interests of operator members) required by section 87 (3),
and
(c)
to perform other duties as directed by the
statutory operator board.
(2)
The chief financial officer is:
(a)
to be responsible to the statutory operator board
for the keeping and maintaining of proper financial records,
and
(b)
to keep and maintain the records required to be
kept by the statutory operator board for the purposes of section 3.13 of the
Crown Land Management Act 2016 and
section 42 of this Act.
7Receipts and
disbursements
(1)
All money received by the statutory operator
board is to be deposited to the credit of an account established with any
authorised deposit-taking institution in the name of the statutory
operator.
(2)
Each item of expenditure by or on behalf of the
statutory operator board is to be authorised or confirmed for payment, at a
duly convened and constituted meeting of the statutory operator board, by
tabling and approval of a report by the chief financial officer relating to
that item of expenditure.
Part 4Miscellaneous
8Regulations
The regulations may make further provision for or
with respect to the functions of statutory operator boards, board members,
chief executive officers, chief financial officers, rangers and other officers
or employees in connection with the administration, management or operation of
statutory operators or their operator boards.
[35]Schedule 4 Conversion of
cemeteries
Omit “Crown Lands Act
1989” from the definition of Minister in clause 2.
Insert instead “Crown
Land Management Act 2016”.
[36]Schedule 4, clause 7
(2)
Omit “section 80 of the Crown Lands Act
1989”.
Insert instead “section 2.3 of the Crown Land Management Act
2016”.
[37]Schedule 4, clause 9 Council
sole Crown land manager
Omit clause 9 (1). Insert instead:
(1)
Subject to this Part, the council is to be the
sole Crown land manager of the converted land and is taken to have been
appointed as the sole Crown land manager under section 3.3 of the Crown Land Management Act
2016.
[38]Schedule 5 Transferred and
other provisions relating to certain cemeteries and
crematoria
Insert after clause 2:
2AReferences to abolished
reserve trusts
(1)
A reference in this Schedule to a trust that was
a reserve trust for a reserve immediately before the repeal day (or a
reference to its trustees) is to be read, on and from that day, as a reference
to the Crown land manager of the land that was comprised by that
reserve.
(2)
Subclause (1) does not affect any matter or thing
that had already taken effect before the commencement of this
clause.
(3)
In this clause:
Crown
land manager means the Crown land manager of the land
concerned under the Crown Land Management Act
2016.
repeal
day means the day on which the Crown
Lands Act 1989 is repealed by the Crown
Land Management Act 2016.
reserve and reserve
trust have the same meanings as they had in Part 5 of the
Crown Lands Act 1989 immediately before
the repeal day.
[39]Schedule 5, clause 22
(5)
Omit the subclause. Insert instead:
(5)
Section 6.4 and Division 6.3 of the Crown Land Management Act 2016 do not
apply to or in respect of the general crematorium lease.
[40]Schedule 6 Amendment of Acts
and subordinate instruments
Omit Schedule 6.1 and 6.2.
[41]Dictionary
Omit paragraph (a) of the note to the definition
of cemetery. Insert instead:
(a)
Crown land, or part of Crown land, that is
dedicated or reserved under the Crown Land
Management Act 2016 for use for the purposes of a public
cemetery or crematorium (or both),
[42]Dictionary
Insert in alphabetical order:
council has the same meaning as in
the Local Government Act
1993.
[43]Dictionary, definition of
“Crown cemetery”
Omit the definition. Insert instead:
Crown
cemetery means Crown managed land, or part of Crown managed
land, dedicated, reserved or used (whether before or after the commencement of
this definition) for the purposes of a public cemetery or crematorium (or
both) under the Crown Lands Act
1989 or Crown Land
Management Act 2016.
[44]Dictionary, definition of
“Crown cemetery trust”
Omit the definition.
[45]Dictionary, definition of
“Government agency”
Omit “(within the meaning of the Local Government Act 1993)” from
paragraph (d).
2.3Coastal Protection Act 1979 No
13
[1]Section 4
Definitions
Insert in alphabetical order in section 4
(1):
Crown
land has the same meaning as in the Crown
Land Management Act 2016.
Crown
managed land has the same meaning as in the Crown Land Management Act
2016.
[2]Section 4 (1), definition of
“public land”
Omit paragraph (a). Insert instead:
(a)
Crown land (including Crown managed land),
or
[3]Section 4C Designated
authorities for land
Omit section 4C (c). Insert instead:
(c)
in relation to Crown land (including Crown
managed land)—the Minister administering the Crown
Land Management Act 2016,
[4]Section 6 Coastal
Authorities
Omit “Crown Lands Act
1989” from section 6 (1) (b).
Insert instead “Crown
Land Management Act 2016”.
[5]Section 6 (1)
(e)
Omit “reserve trust within the meaning of
Part 5 of the Crown Lands Act
1989”.
Insert instead “Crown land manager within
the meaning of the Crown Land Management Act
2016”.
[6]Section 55N Modification of
doctrine of erosion and accretion
Omit “Crown Lands Act
1989” from section 55N (4).
Insert instead “Crown
Land Management Act 2016.
[7]Section 55V Notification of
other issuing authority
Omit section 55V (c). Insert instead:
(c)
the Secretary of the Department of
Industry—if the temporary coastal protection works are to be placed on
Crown land (including Crown managed land) or the placement or maintenance of
those works requires the use or occupation of Crown land (or Crown managed
land).
[8]Section 55X Notice to council
and others of placement of temporary coastal protection
works
Omit section 55X (3). Insert instead:
(3)
For the purposes of subsection (1) (b), public
land that is Crown land (including Crown managed land) is taken to be owned
by, or under the care, control or management of, the Minister administering
the Crown Land Management Act
2016.
[9]Section 55ZA Order to remove
certain materials and structures unlawfully placed on beaches (other than
temporary coastal protection works)
Omit section 55ZA (5). Insert instead:
(5)
Before giving an order under this section that
relates to Crown land (including Crown managed land), a Coastal Authority must
consult the Minister administering the Crown Land
Management Act 2016.
[10]Section 55ZC Orders relating
to temporary coastal protection works
Omit section 55ZC (7). Insert instead:
(7)
Before giving an order under this section that
relates to Crown land (including Crown managed land), a Coastal Authority must
consult the Minister administering the Crown Land
Management Act 2016.
2.4Game
and Feral Animal Control Act 2002 No
64
[1]Section 4
Definitions
Omit paragraph (b) of the definition of national
park estate land. Insert instead:
(b)
any dedicated or reserved Crown land under the
Crown Land Management Act 2016 of which
the National Parks and Wildlife Reserve Trust is the Crown land manager,
or
[2]Section 4, definition of
“public land”
Omit “Crown Lands Act
1989” from paragraph (a).
Insert instead “Crown
Land Management Act 2016”.
[3]Section 4, definition of
“public land”
Omit “under the Western Lands Act 1901” from
paragraph (f).
Insert instead “under a Western lands lease
within the meaning of Schedule 3 to the Crown Land
Management Act 2016”.
2.5Government Information (Public Access) Regulation
2009
Schedule 3 Agencies declared
to be part of other agencies
Omit the matters relating to a local land board
under the Crown Lands Act
1989 and reserve trust established under the Crown Lands Act
1989.
2.6Hawkesbury Racecourse Act 1996 No
74
[1]Section
4
Omit the section. Insert instead:
4Status of
racecourse
(1)
The Hawkesbury Racecourse continues, on and from
the repeal day, to be Crown land that is dedicated for the following purposes
under the Crown Land Management Act
2016:
(a)
for use as a racecourse,
(b)
for use as a training ground,
(c)
for use as a sports ground,
(d)
for any other form of public amusement or public
purpose (whether or not related to sports) that the Governor has, by order
published in the Gazette (whether before or after the repeal day), declared to
be a form of public amusement or public purpose for which the Racecourse or a
specified part of the Racecourse is permitted to be
used.
Note—
Clause 11 of Schedule 7 to the Crown Land Management Act 2016 operated
on the repeal day:
(a)
to abolish the Hawkesbury Racecourse Reserve
Trust, and
(b)
to replace it with a statutory land manager under
that Act, and
(c)
to appoint the members of the trust board of the
Hawkesbury Racecourse Reserve Trust as members of the board of the statutory
land manager, and
(d)
to appoint the statutory land manager as the
Crown land manager of the Hawkesbury Racecourse.
(2)
Subsection (1) does not limit or prevent the
revocation of the dedication of the Hawkesbury Racecourse, or the removal,
alteration or addition of purposes for which it is dedicated, in accordance
with the provisions of the Crown Land
Management Act 2016.
(3)
In this section:
repeal
day means the day on which the Crown
Lands Act 1989 is repealed by the Crown
Land Management Act 2016.
[2]Section 5 Continuation of
reserve trust
Omit the section.
2.7Hunter
Water Act 1991 No 53
[1]Section 3
Definitions
Omit “Crown Lands Act
1989” from paragraph (b) of the definition of
owner in section 3
(2).
Insert instead “Crown
Land Management Act 2016”.
[2]Section 54 Crown land in
special areas
Omit “Crown Lands Act
1989” from section 54 (1).
Insert instead “Crown
Land Management Act 2016”.
[3]Section 54
(2)
Omit the subsection. Insert instead:
(2)
The Secretary may, in a special area, exercise
the functions of a statutory land manager within the meaning of the Crown Land Management Act 2016 that has
been appointed as a Crown land manager of dedicated or reserved Crown land
under that Act without being appointed as such.
2.8Impounding Act 1993 No
31
[1]Dictionary
Omit the matter relating to an impounding officer
appointed by the Minister administering the Crown Lands Act
1989 from the definition of area of
operations.
Insert instead:
•
in the case of an impounding officer appointed by
the Minister administering the Crown Land
Management Act 2016, any Crown land (including Crown
managed land) as defined in that Act that is not the subject of a holding (as
defined in that Act) or any land in the Western Division (as defined in that
Act) that is not within the area of a local
council,
[2]Dictionary, definition of
“area of operations”
Omit the matter relating to an impounding officer
appointed by the Western Lands Commissioner.
[3]Dictionary, definition of
“impounding authority”
Omit “Crown Lands Act
1989”.
Insert instead “Crown
Land Management Act 2016”.
[4]Dictionary, definition of
“impounding authority”
Omit the matter relating to the Western Lands
Commissioner.
[5]Dictionary, definition of
“private land”
Omit the first dot point. Insert instead:
•
all land, except Crown land (including Crown
managed land) as defined in the Crown Land
Management Act 2016 for which there is no Crown land
manager under that Act, and
2.9Independent Commission Against Corruption Regulation
2010
Clause 18 Definition of
“public authority”
Omit clause 18 (b). Insert instead:
(b)
each person appointed as a Crown land manager
under the Crown Land Management Act
2016 of Crown land or part of Crown land that is dedicated
or reserved for the purposes of a public cemetery or crematorium or a related
purpose.
2.10Local
Government Act 1993 No 30
[1]Section 4 Does this Act bind
the Crown?
Omit “Crown lands, reserves under Part 5 of
the Crown Lands Act 1989” from the
note.
Insert instead “Crown land (including Crown
managed land)”.
[2]Section 5 To what parts of the
State does this Act apply?
Omit “Western Lands Act
1901” from the note.
Insert instead “Crown
Land Management Act 2016”.
[3]Chapter 6 What are the service
functions of councils?
Omit “Crown Lands Act
1989” from the note at the beginning of Part
2.
Insert instead “Crown
Land Management Act 2016”.
[4]Section 30 Reclassification of
community land as operational
Omit “Crown Lands Act
1989” from section 30 (1) (b).
Insert instead “Crown
Land Management Act 2016”.
[5]Section 31 Classification of
land acquired after 1 July 1993
Insert “or the Crown
Land Management Act 2016” after “Crown Lands Act 1989” in section
31 (1) (a).
[6]Section 45 What dealings can a
council have in community land?
Omit “a Crown reserve” from section
45 (4). Insert instead “Crown managed
land”.
[7]Section 48 Responsibility for
certain public reserves
Omit “section 98A of the Crown Lands Act 1989” from section
48 (1).
Insert instead “section 2.22 of the Crown Land Management Act
2016”.
[8]Section 50 Public garden and
recreation space and drainage reserves provided for in subdivisions approved
before 15.6.1964
Omit “Crown Lands Act
1989” from section 50 (2) (b).
Insert instead “Crown
Land Management Act 2016”.
[9]Section 54B Transfer of
certain institutional private trust land
Omit the definition of institution from section 54B (1).
Insert instead:
institution has the same meaning as
in Division 6 of Part 2 of Schedule 7 to the Crown Land
Management Act 2016.
[10]Chapter 6, Part 2, Division 3,
note
Omit “Land to which the Crown Lands Act 1989 applies” and
“Land subject to the Trustees of
Schools of Arts Enabling Act 1902”.
Insert instead “Land to which the Crown Land Management Act
2016”.
[11]Chapter 6, Part 2, Division 3,
note
Omit “CROWN LANDS—Crown Lands Act 1989” and
“MECHANICS’ INSTITUTES AND SCHOOLS OF ARTS—Trustees of Schools of Arts Enabling Act
1902”.
Insert instead “CROWN LAND—Crown Land Management Act
2016”.
[12]Section 126 Giving orders to
public authorities
Omit “a reserve within the meaning of Part
5 of the Crown Lands Act
1989” from section 126 (1).
Insert instead “Crown managed
land”.
[13]Section 126
(2)
Omit “lands or a reserve within the meaning
of Part 5 of the Crown Lands Act
1989 until after the Minister has consulted the Minister
administering the Crown Lands Act
1989”.
Insert instead “land or Crown managed land
until after the Minister has consulted the Minister administering the Crown Land Management Act
2016”.
[14]Section 571 What happens if
land is transferred?
Omit “Crown Lands Act
1989” from section 571 (2).
Insert instead “Crown
Land Management Act 2016”.
[15]Section 574 Appeal on question
of whether land is rateable or subject to a charge
Omit “Crown Lands Act
1989” from section 574 (1).
Insert instead “Crown
Land Management Act 2016”.
[16]Section 724 Special provisions
concerning leases of land owned by the Crown
Omit “Crown Lands Act
1989, the Crown Lands
(Continued Tenures) Act 1989 and the Western Lands Act 1901” from
section 724 (2) (c).
Insert instead “Crown
Land Management Act 2016”.
[17]Section 733 Exemption from
liability—flood liable land, land subject to risk of bush fire and land
in coastal zone
Omit “Crown land, land within a reserve as
defined in Part 5 of the Crown Lands Act
1989” from section 733 (3) (f2).
Insert instead “Crown land (including Crown
managed land)”.
[18]Section 742 Dispute
resolution
Omit the matter relating to the Western Lands
Commissioner from section 742 (7).
[19]Section 742
(7)
Omit “trustees of any public reserve, water
reserve, or cemetery, or of any land, appointed by or under the Crown Lands Act
1989”.
Insert instead “Crown land manager of any
public reserve, water reserve, or cemetery, or of any land, appointed by or
under the Crown Land Management Act
2016”.
[20]Dictionary
Omit the definition of Crown land. Insert instead:
Crown
land has the same meaning as in the Crown
Land Management Act 2016.
Crown
managed land has the same meaning as in the Crown Land Management Act
2016.
[21]Dictionary, definition of
“Crown reserve”
Omit the definition.
[22]Dictionary, definition of
“public land”
Omit the definition. Insert instead:
public
land means any land (including a public reserve) vested in
or under the control of the council, but does not include:
(a)
a public road, or
(b)
land to which the Crown Land
Management Act 2016 applies, or
(c)
a common, or
(d)
a regional park under the National Parks and Wildlife Act
1974.
[23]Dictionary, definition of
“public reserve”
Omit paragraph (g). Insert instead:
(g)
Crown managed land that is dedicated or
reserved:
(i)
for public recreation or for a public cemetery,
or
(ii)
for a purpose that is declared to be a purpose
that falls within the scope of this definition by means of an order published
in the Gazette by the Minister administering the Crown
Land Management Act 2016,
being Crown managed land in respect of which a council
has been appointed as its Crown land manager under that Act or for which no
Crown land manager has been appointed, or
2.11Luna
Park Site Act 1990 No 59
[1]Section 4
Definitions
Omit “pursuant to section 5 (1) (b)”
from the definition of dedicated
use in section 4 (1).
Insert instead “as referred to in section
5A (1)”.
[2]Section 4
(1)
Omit “the reserve consisting of” from
the definition of Luna Park
Reserve.
[3]Section 4
(1)
Insert in alphabetical order:
Luna Park
Reserve Trust means the Luna Park Reserve Trust as
reconstituted by section 5B.
[4]Part 2
Omit the Part. Insert instead:
Part 2Dedication and management of
Luna Park site
5Definitions
In this Part:
Crown
land Minister means the Minister administering the Crown Land Management Act
2016.
repeal
day means the day on which the Crown
Lands Act 1989 is repealed by the Crown
Land Management Act 2016.
5ADedication of Luna Park
site
(1)
The Luna Park site continues, on and from the
repeal day, to be Crown land that is dedicated under the Crown
Land Management Act 2016 for the purposes of public
recreation, public amusement and public entertainment.
(2)
However, the dedication of the Luna Park site for
any of these purposes cannot be revoked under the Crown
Land Management Act 2016.
5BLuna Park Reserve Trust is
Crown land manager of Luna Park Reserve
(1)
On and from the repeal day:
(a)
the Luna Park Reserve Trust in existence
immediately before the repeal day (the existing
Luna Park Reserve Trust) is taken to have been reconstituted
as a statutory land manager under the Crown Land
Management Act 2016 with the same name (the reconstituted Luna Park Reserve
Trust), and
(b)
each member of the trust board of the existing
Luna Park Reserve Trust immediately before the repeal day is taken to have
been appointed as a member of the board of the reconstituted Luna Park Reserve
Trust for the balance of their terms of office, and
(c)
the reconstituted Luna Park Reserve Trust is
taken to have been appointed as the sole Crown land manager under the Crown Land Management Act 2016 of the
Luna Park Reserve, and
(d)
the reconstituted Luna Park 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 existing Luna Park
Reserve Trust.
Note—
As a result of paragraph (d), the reconstituted
Luna Park Reserve Trust retains all the assets, rights and liabilities of the
existing Luna Park Reserve Trust, subject to subsection (2)
(d).
(2)
The Crown Land
Management Act 2016 applies in relation to the Luna Park
Reserve and to the reconstituted Luna Park Reserve Trust in its capacity as
its Crown land manager, subject to section 5A (2) and the following
modifications:
(a)
the Trust’s appointment as the Crown land
manager of the Luna Park Reserve cannot be revoked under the Crown Land Management Act
2016,
(b)
no other person can be appointed under the
Crown Land Management Act 2016 as a
Crown land manager of the Luna Park Reserve,
(c)
the Trust is taken to have been assigned as a
category 2 non-council manager of the Luna Park Reserve for the purposes of
Division 3.5 of the Crown Land Management Act
2016,
(d)
clause 7 (1) of Schedule 7 to the Crown Land Management Act 2016 is taken
to apply to any estate in fee simple in the Luna Park Reserve vested in the
existing Luna Park Reserve Trust by section 100 of the Crown
Lands Act 1989,
(e)
if the Minister is not also the Crown land
Minister, the Minister can:
(i)
exercise the functions of the Crown land Minister
under Part 2 of the Crown Land Management Act
2016 instead of the Crown land Minister in relation to the
Luna Park Reserve, except a function under any of the provisions referred to
in paragraph (f), and
(ii)
grant written consent for the purposes of
Division 3.5 of the Crown Land Management Act
2016,
(f)
the regulations under this Act may prescribe
kinds of functions for the purposes of section 3.27 (2) (c) of the Crown Land Management Act 2016 in
addition to any functions prescribed by the regulations under that Act and,
consequently, written Ministerial consent is not required for the exercise of
such a function by the Trust,
(g)
the Crown Land
Management Act 2016 does not apply in relation to the Luna
Park Reserve or the Trust to the extent provided by other provisions of this
Act or the regulations.
(3)
If the Minister exercises any function of the
Crown land Minister permitted by this section, the exercise of the function
has the same effect as if it had been duly exercised by the Crown land
Minister.
6Plan of
management
(1)
Any plan of management for the Luna Park Reserve
in force immediately before the repeal day continues in force on or after that
day as a plan of management for the purposes of Division 3.6 of the Crown Land Management Act 2016, and can
be altered or cancelled under that Division accordingly.
(2)
The plan of management (or a replacement plan of
management) is required to include provision for the following matters:
(a)
there must be public access to the
boardwalk/foreshore area (within the meaning of Part 2A) at all
times,
(b)
the use of the Luna Park Reserve must be limited
to purposes which are sympathetic to the historic and community significance
of the land comprising the Luna Park site,
(c)
the following uses of the Luna Park Reserve are
to be prohibited:
(i)
dwellings and other buildings used or designed or
intended for use for the purpose of permanent residential accommodation,
hotels, motels, hostels, tourist or other holiday accommodation, caravan parks
and other facilities providing for temporary or overnight
accommodation,
(ii)
the erection of any permanent structure (not
including structure in the nature of landscaping) on the land comprised in Lot
1186 in Deposited Plan 48335 is to be prohibited.
(3)
This section does not prevent the plan of
management including provisions for other matters that are not inconsistent
with the matters referred to in subsection (2).
[5]Section
6D
Omit the section. Insert instead:
6DCrown Lands dedication does
not prevent uses authorised by Act
To avoid doubt, the use of the Luna Park Reserve
for the purposes of any use that is authorised under this Act is an authorised
purpose for section 2.12 (c) of the Crown Land
Management Act 2016 in its application to the
Reserve.
Note—
Section 2.12 of the Crown
Land Management Act 2016 provides that dedicated or
reserved Crown land may be used only for the following purposes:
(a)
the purposes for which it is dedicated or
reserved,
(b)
any purpose incidental or ancillary to a purpose
for which it is dedicated or reserved,
(c)
any other purposes authorised by or under this
Act or another Act.
[6]Section 6G Control of Access
to Luna Park
Omit “section 8” from section 6G (4).
Insert instead “section 6”.
[7]Part 3 The Luna Park Reserve
Trust
Omit the Part.
[8]Section 10 Claim for
compensation by the lessee
Omit “under section 5” from section
10 (1).
[9]Section 14 Removal of
improvements at the request of the lessee
Omit “under section 5” from section
14 (4).
[10]Section 15 Removal of
improvements at the direction of the Minister
Omit “under section 5” from section
15 (2).
[11]Section 18 Right to possession
of the Luna Park Reserve
Omit the section.
[12]Section 19 Removal etc of
structures
Omit the section.
2.12Mining
Act 1992 No 29
[1]Section 12
Fossicking
Omit “Crown Lands Act
1989” where firstly occurring from section 12
(2A).
Insert instead “Crown
Land Management Act 2016”.
[2]Section 12 (2A)
(a)
Omit “Crown Lands Act
1989, the Crown Lands
(Continued Tenures) Act 1989 or the Western Lands Act
1901”.
Insert instead “Crown
Land Management Act 2016”.
[3]Section 76 Fencing of land
subject to mining lease
Omit “Crown Lands Act
1989” from section 76 (2) (b).
Insert instead “Crown
Land Management Act 2016”.
[4]Section 164 Rights of
way
Omit “section 35S of the Western Lands Act 1901” from
section 164 (2).
Insert instead “Part 6 of Schedule 3 to the
Crown Land Management Act
2016”.
[5]Section 188 Dwelling-houses,
gardens and significant improvements
Omit “lease for residential purposes under
the Western Lands Act 1901” from
section 188 (2A) (b).
Insert instead “Western lands lease (as
defined in Schedule 3 to the Crown Land
Management Act 2016) for residential
purposes”.
[6]Section 211 Rights of
way
Omit “section 35S of the Western Lands Act 1901” from
section 211 (2) (a).
Insert instead “Part 6 of Schedule 3 to the
Crown Land Management Act
2016”.
[7]Section 220 Opal prospecting
areas
Omit section 220 (2) and (3). Insert
instead:
(2)
For the purposes of this section, prescribed land is:
(a)
any land held under a lease or licence for
grazing purposes under the Crown Land
Management Act 2016, or
(b)
Crown land other than:
(i)
land that is held under a lease or licence (not
being a lease or licence referred to in paragraph (a)) under the Crown Land Management Act 2016,
or
(ii)
land in respect of which a Crown land manager has
been appointed or that is under the control of a council pursuant to section
48 of the Local Government Act
1993, or
(iii)
land that is subject to an easement,
or
(iv)
any land of a class or description prescribed by
the regulations.
(3)
In subsection (2):
Crown
land has the same meaning as in the Crown
Land Management Act 2016.
licence includes a permissive
occupancy.
[8]Section 235C Rights of
way
Omit “section 35S of the Western Lands Act 1901” from
section 235C (2) (a).
Insert instead “Part 6 of Schedule 3 to the
Crown Land Management Act
2016”.
[9]Section 244
Definitions
Omit the definition of landholder. Insert instead:
landholder of land means the owner
of an estate in fee simple of the land, the controlling body in relation to
reserved land or the holder, over or in the land, of:
(a)
a lease or licence under the Crown
Land Management Act 2016, or
(b)
any continued incomplete tenure purchase within
the meaning of Schedule 1 to the Crown Land
Management Act 2016.
[10]Dictionary
Omit the definition of Crown
Lands Acts.
[11]Dictionary, definition of
“landholder”
Omit “granted under the Crown Lands Act 1989” from
paragraph (c).
Insert instead “under the Crown Land Management Act
2016”.
[12]Dictionary, definition of
“landholder”
Omit paragraph (d). Insert instead:
(d)
the holder of a continued tenure within the
meaning of Schedule 1 to the Crown Land
Management Act 2016, or
[13]Dictionary, definition of
“landholder”
Omit paragraph (f).
[14]Dictionary, definition of
“landholder”
Omit “Crown Lands Act
1989” from paragraph (g) (iii).
Insert instead “Crown
Land Management Act 2016”.
[15]Dictionary, definition of
“permissive occupancy”
Omit “has the same meaning as in the
Crown Lands (Continued Tenures) Act
1989”.
Insert instead “means a continued
permissive occupancy within the meaning of Schedule 1 to the Crown Land Management Act
2016”.
2.13National Park Estate (Land Transfers) Act 1998 No
163
[1]Section 3
Definitions
Omit “Crown Lands Act
1989” from paragraph (d) of the definition of
national
park estate.
Insert instead “Crown
Land Management Act 2016”.
[2]Section
9
Omit the section. Insert instead:
9Dedication of certain former
State forests and their management by National Parks and Wildlife Reserve
Trust
(1)
Any land described in Schedule 4 (the dedicated
land) that was taken to be dedicated under the Crown Lands Act 1989 as provided by this
section immediately before the repeal day continues on and from that day to be
Crown land dedicated for the same purposes under the Crown
Land Management Act 2016.
Note—
This section was substituted on the repeal day by
the Crown Land Legislation Amendment Act
2017.
(2)
On and from the repeal day:
(a)
the National Parks and Wildlife Reserve Trust in
existence immediately before the repeal day (the existing
National Parks and Wildlife Reserve Trust) is taken to have
been reconstituted as a statutory land manager under the Crown
Land Management Act 2016 with the same name (the reconstituted National Parks and Wildlife Reserve
Trust), and
(b)
the Chief Executive of the Office of Environment
and Heritage is taken to control the affairs of the reconstituted National
Parks and Wildlife Reserve Trust for the purposes of clause 5 of Schedule 5 to
the Crown Land Management Act 2016,
and
(c)
the reconstituted National Parks and Wildlife
Reserve Trust is taken to have been appointed as the sole Crown land manager
under the Crown Land Management Act
2016 of the dedicated land, and
(d)
the reconstituted National Parks and Wildlife
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
existing National Parks and Wildlife Reserve Trust.
Note—
As a result of paragraph (d), the reconstituted
National Parks and Wildlife Reserve Trust retains all the assets, rights and
liabilities of the existing National Parks and Wildlife Reserve Trust, subject
to subsection (3) (d).
(3)
The Crown Land
Management Act 2016 applies in relation to the dedicated
land and to the reconstituted National Parks and Wildlife Reserve Trust in its
capacity as its Crown land manager, subject to the following
modifications:
(a)
the Trust’s appointment as the Crown land
manager of the dedicated land cannot be revoked under the Crown
Land Management Act 2016,
(b)
no other person can be appointed under the
Crown Land Management Act 2016 as a
Crown land manager of the dedicated land,
(c)
the Trust is taken to have been assigned as a
category 2 non-council manager of the dedicated land for the purposes of
Division 3.5 of the Crown Land Management Act
2016,
(d)
clause 7 (1) of Schedule 7 to the Crown Land Management Act 2016 is taken
to extend to any estate in fee simple in the dedicated land vested in the
existing National Parks and Wildlife Reserve Trust by section 100 of the
Crown Lands Act
1989,
(e)
if the Minister is not also the Crown land
Minister, the Minister can:
(i)
exercise the functions of the Crown land Minister
under Part 2 of the Crown Land Management Act
2016 instead of the Crown land Minister in relation to the
dedicated land, except a function under any of the provisions referred to in
paragraph (f), and
(ii)
grant written consent for the purposes of
Division 3.5 of the Crown Land Management Act
2016,
(f)
the regulations under this Act may prescribe
kinds of functions for the purposes of section 3.27 (2) (c) of the Crown Land Management Act 2016 in
addition to any functions prescribed by the regulations under that Act and,
consequently, written Ministerial consent is not required for the exercise of
such a function by the Trust,
(g)
the Crown Land
Management Act 2016 does not apply in relation to the
dedicated land or the Trust to the extent provided by other provisions of this
Act or the regulations.
(4)
If the Minister exercises any function of the
Crown land Minister permitted by this section, the exercise of the function
has the same effect as if it had been duly exercised by the Crown land
Minister.
(5)
Nothing in this section prevents any land to
which this section applies from being reserved, dedicated or acquired under
the National Parks and Wildlife Act
1974.
(6)
In this section:
Crown
land Minister means the Minister administering the Crown Land Management Act
2016.
repeal
day means the day on which the Crown
Lands Act 1989 is repealed by the Crown
Land Management Act 2016.
[3]Section 10 Vesting in NPW
Minister of certain former State forests subject to existing
leases
Omit “perpetual lease, special lease or
term lease within the meaning of the Crown Lands
(Continued Tenures) Act 1989” from section 10
(2).
Insert instead “continued perpetual lease,
continued special lease or continued term lease within the meaning of Schedule
1 to the Crown Land Management Act
2016”.
[4]Schedule 4,
heading
Omit the heading. Insert instead:
Schedule 4State forests as dedicated
Crown land
[5]Schedule 7 Land
transfers—ancillary and special provisions
Omit clause 1 (1) (b). Insert instead:
(b)
under a continued perpetual lease, continued
special lease or continued term lease within the meaning of Schedule 1 to the
Crown Land Management Act
2016,
[6]Schedule 7, clause 2
(3)
Omit “Crown Lands Act
1989”. Insert instead “Crown
Land Management Act 2016”.
[7]Schedule 7, clause 6 (3) (b)
and (c)
Omit the paragraphs. Insert instead:
(b)
in respect of interests that were existing
interests under the former Crown Lands Act
1989 or Crown Lands
(Continued Tenures) Act 1989—the powers of the
Minister administering the Crown Land
Management Act 2016.
[8]Schedule 7, clause 7
(1)
Omit “Crown Lands Act
1989” from paragraph (b) of the definition of
private
land holding.
Insert instead “Crown
Land Management Act 2016”.
[9]Schedule 7, clause
10
Omit the clause. Insert instead:
10Access roads over dedicated
Crown land
(1)
The following provisions apply to access roads
referred to in clause 7 (2) (a)–(c) within the lands referred to in
Schedule 4 immediately before the commencement of Part 2 of this Act:
(a)
the access roads may continue, subject to this
clause and the Crown Land Management Act
2016, to be used for the purposes for which they were used
immediately before the commencement of Part 2 of this Act,
(b)
the Trust may not close any such access road
while it comprises the only practical means of access to a private land
holding (within the meaning of clause 7),
(c)
the Trust may, in accordance with the Crown Land Management Act 2016, grant
any right over, or interest in, the land for the purpose of its continued use
as an access road.
(2)
In this clause:
Trust means the National Parks and
Wildlife Reserve Trust as reconstituted by section 9.
2.14National Park Estate (Reservations) Act 2002 No
137
[1]Section 3
Definitions
Omit “Crown Lands Act
1989” from the definition of Crown land.
Insert instead “Crown
Land Management Act 2016”.
[2]Section 8 Vesting in NPW
Minister of certain former State forests
Omit “perpetual lease, special lease or
term lease within the meaning of the Crown Lands
(Continued Tenures) Act 1989 (or from rights or interests
arising under an incomplete purchase within the meaning of that Act)”
from section 8 (2).
Insert instead “continued perpetual lease,
continued special lease or continued term lease within the meaning of Schedule
1 to the Crown Land Management Act
2016 (or from rights or interests arising under an
incomplete purchase within the meaning of that Act of land that was formerly
under a lease of that kind)”.
[3]Section 11 Adjustment of
description of land transferred to national park estate
Omit “Crown Lands Act
1989” from section 11 (4) (c).
Insert instead “Crown
Land Management Act 2016”.
[4]Schedule 8 Land
transfers—ancillary and special provisions
Omit “perpetual lease, a special lease or a
term lease within the meaning of the Crown Lands
(Continued Tenures) Act 1989” from clause 1 (1)
(b).
Insert instead “continued perpetual lease,
a continued special lease or a continued term lease within the meaning of
Schedule 1 to the Crown Land Management Act
2016”.
[5]Schedule 8, clause 1 (1)
(c)
Omit “incomplete purchase within the
meaning of the Crown Lands (Continued Tenures) Act
1989”.
Insert instead “incomplete purchase within
the meaning of the Crown Land Management Act
2016 if the land was formerly under a lease of the kind
referred to in paragraph (b)”.
[6]Schedule 8, clause 2
(3)
Omit “Crown Lands Act
1989”. Insert instead “Crown
Land Management Act 2016”.
[7]Schedule 8, clause
5
Omit “Section 109 of the Crown Lands Act 1989 does not apply to
or in respect of a lease or licence granted by a reserve trust under that
Act”.
Insert instead “Section 3.43 of the Crown Land Management Act 2016 does not
apply to or in respect of a lease or licence granted by a reserve trust under
the Crown Lands Act
1989”.
[8]Schedule 8, clause 6
(2)
Omit “Crown Lands
(Continued Tenures) Act 1989”.
Insert instead “Crown
Land Management Act 2016”.
[9]Schedule 8, clause 6
(3)
Omit “perpetual lease, special lease or
term lease within the meaning of the Crown Lands
(Continued Tenures) Act 1989 (or rights or interests
arising under an incomplete purchase within the meaning of that
Act)”.
Insert instead “continued perpetual lease,
continued special lease or continued term lease within the meaning of Schedule
1 to the Crown Land Management Act
2016 (or rights or interests arising under an incomplete
purchase within the meaning of that Act of land that was formerly under a
lease of that kind)”.
[10]Schedule 8, clause 7
(1)
Omit “Crown Lands Act
1989” from paragraph (b) of the definition of
private
land holding.
Insert instead “Crown
Land Management Act 2016”.
2.15National Park Estate (Southern Region Reservations) Act
2000 No 103
[1]Section 3
Definitions
Omit “Crown Lands Act
1989” wherever occurring in the definitions of
Crown
land and national
park estate.
Insert instead “Crown
Land Management Act 2016”.
[2]Section
3
Insert in alphabetical order:
National
Parks and Wildlife Reserve Trust means the National Parks
and Wildlife Reserve Trust as reconstituted by section 9 of the National Park Estate (Land Transfers) Act
1998.
[3]Section
8
Omit the section. Insert instead:
8Dedication of certain former
State forests, Crown land and other land and their management by National
Parks and Wildlife Reserve Trust
(1)
Any land described in Schedule 4 (the dedicated
land) that was taken to be dedicated under the Crown Lands Act 1989 as provided by this
section immediately before the repeal day continues on and from that day to be
Crown land dedicated for the same purposes under the Crown
Land Management Act 2016.
(2)
The National Parks and Wildlife Reserve Trust is
taken to have been appointed on and from the repeal day as the sole Crown land
manager under the Crown Land Management Act
2016 of the dedicated land.
(3)
The Crown Land
Management Act 2016 applies in relation to the dedicated
land and to the National Parks and Wildlife Reserve Trust in its capacity as
its Crown land manager, subject to the following modifications:
(a)
the Trust’s appointment as the Crown land
manager of the dedicated land cannot be revoked under the Crown
Land Management Act 2016,
(b)
no other person can be appointed under the
Crown Land Management Act 2016 as a
Crown land manager of the dedicated land,
(c)
the Trust is taken to have been assigned as a
category 2 non-council manager of the dedicated land for the purposes of
Division 3.5 of the Crown Land Management Act
2016,
(d)
clause 7 (1) of Schedule 7 to the Crown Land Management Act 2016 is taken
to extend to any estate in fee simple in the dedicated land vested in the
National Parks and Wildlife Reserve Trust (before it was reconstituted) by
section 100 of the Crown Lands Act
1989,
(e)
if the Minister is not also the Crown land
Minister, the Minister can:
(i)
exercise the functions of the Crown land Minister
under Part 2 of the Crown Land Management Act
2016 instead of the Crown land Minister in relation to the
dedicated land, except a function under any of the provisions referred to in
paragraph (f), and
(ii)
grant written consent for the purposes of
Division 3.5 of the Crown Land Management Act
2016,
(f)
the regulations under this Act may prescribe
kinds of functions for the purposes of section 3.27 (2) (c) of the Crown Land Management Act 2016 in
addition to any functions prescribed by the regulations under that Act and,
consequently, written Ministerial consent is not required for the exercise of
such a function by the Trust,
(g)
the Crown Land
Management Act 2016 does not apply in relation to the
dedicated land or the Trust to the extent provided by other provisions of this
Act or the regulations.
(4)
If the Minister exercises any function of the
Crown land Minister permitted by this section, the exercise of the function
has the same effect as if it had been duly exercised by the Crown land
Minister.
(5)
In this section:
Crown
land Minister means the Minister administering the Crown Land Management Act
2016.
repeal
day means the day on which the Crown
Lands Act 1989 is repealed by the Crown
Land Management Act 2016.
[4]Section 9 Vesting in NPW
Minister of certain former State forests
Omit “perpetual lease, special lease or
term lease within the meaning of the Crown Lands
(Continued Tenures) Act 1989 (or from rights or interests
arising under an incomplete purchase within the meaning of that Act)”
from section 9 (2).
Insert instead “continued perpetual lease,
continued special lease or continued term lease within the meaning of Schedule
1 to the Crown Land Management Act
2016 (or from rights or interests arising under an
incomplete purchase within the meaning of that Act of land that was formerly
under a lease of that kind)”.
[5]Section 10 Adjustment of
description of land transferred to national park estate
Omit “Crown Lands Act
1989” from section 10 (4) (c).
Insert instead “Crown
Land Management Act 2016”.
[6]Section 11 Changes within
national park estate
Omit “Part 5 of the Crown
Lands Act 1989” from section 11 (2)
(b).
Insert instead “the Crown
Land Management Act 2016”.
[7]Schedule 4,
heading
Omit the heading. Insert instead:
Schedule 4State forests and other land
as dedicated Crown land
[8]Schedule 7 Land
transfers—ancillary and special provisions
Omit clause 1 (1) (b) and (c). Insert
instead:
(b)
a person holds under a continued perpetual lease,
continued special lease or continued term lease within the meaning of Schedule
1 to the Crown Land Management Act
2016, or
(c)
is comprised of a continued incomplete tenure
purchase within the meaning of Schedule 1 to the Crown
Land Management Act 2016,
[9]Schedule 7, clause 2
(3)
Omit “Crown Lands Act
1989”. Insert instead “Crown
Land Management Act 2016”.
[10]Schedule 7, clause 7 (3) (b)
and (c)
Omit the paragraphs. Insert instead:
(b)
in respect of interests that were existing
interests under the former Crown Lands Act
1989 or Crown Lands
(Continued Tenures) Act 1989—the powers of the
Minister administering the Crown Land
Management Act 2016.
[11]Schedule 7, clause 8
(1)
Omit “Crown Lands Act
1989” from paragraph (b) of the definition of
private
land holding.
Insert instead “Crown
Land Management Act 2016”.
[12]Schedule 7, clause
11
Omit the clause. Insert instead:
11Access roads over dedicated
Crown land
The following provisions apply to access roads
referred to in clause 8 (2) (a)–(c) within the lands referred to in
Schedule 4 immediately before the commencement of this Act:
(a)
the access roads may continue, subject to this
clause and the Crown Land Management Act
2016, to be used for the purposes for which they were used
immediately before the commencement of this Act,
(b)
the National Parks and Wildlife Reserve Trust may
not close any such access road while it comprises the only practical means of
access to a private land holding (within the meaning of clause
8),
(c)
the National Parks and Wildlife Reserve Trust
may, in accordance with the Crown Land
Management Act 2016, grant any right over, or interest in,
the land for the purpose of its continued use as an access
road.
[13]Schedule 7, clause
15
Omit the clause. Insert instead:
15Special provisions relating to
Burrinjuck State Recreation Area
(1)
This clause has effect for the purposes of
section 11 (2).
(2)
The land referred to in section 11 (2) (b) (the
Burrinjuck State Recreation Area)
immediately before the repeal day continues on and from that day to be Crown
land dedicated under the Crown Land Management Act
2016 for the purposes of public
recreation.
(3)
Clause 11 of Schedule 7 to the Crown Land Management Act 2016 operated
on the repeal day:
(a)
to abolish the Burrinjuck Waters State Park
Trust, and
(b)
to replace it with a statutory land manager under
that Act, and
(c)
to appoint the members of the trust board of the
Burrinjuck Waters State Park Trust as members of the board of the statutory
land manager, and
(d)
to appoint the statutory land manager as the
Crown land manager of the land comprised by the Burrinjuck State Recreation
Area.
(4)
In this clause:
repeal
day means the day on which the Crown
Lands Act 1989 is repealed by the Crown
Land Management Act 2016.
2.16National Parks and Wildlife Act 1974 No
80
[1]Section 5
Definitions
Omit “Crown Lands Act
1989” from paragraph (a) of the definition of
Crown
lands in section 5 (1).
Insert instead “Crown
Land Management Act 2016”.
[2]Section 5 (1), definition of
“National Parks and Wildlife Reserve Trust”
Omit the definition. Insert instead:
National
Parks and Wildlife Reserve Trust means the National Parks
and Wildlife Reserve Trust as reconstituted by section 9 of the National Park Estate (Land Transfers) Act
1998.
[3]Section 5 (1), definition of
“owner”
Omit “Crown Lands Consolidation Act
1913” from paragraph (b).
Insert instead “Crown
Land Management Act 2016”.
[4]Section 5
(2)
Omit the subsection. Insert instead:
(2)
In this Act, a reference to the Minister
administering the Crown Land Management Act
2016 is:
(a)
in relation to lands that are not within an area
that was an irrigation area within the meaning of the Crown
Lands Act 1989 immediately before its repeal—a
reference to the Minister administering the Crown Land
Management Act 2016, or
(b)
in relation to lands that are within such an
irrigation area—a reference to the Minister administering the Water Management Act
2000.
[5]Section 8 Miscellaneous
functions of Chief Executive
Omit “trustees of any lands dedicated or
reserved under the Crown Lands Consolidation Act 1913, or
the Closer Settlement Acts,” from section 8 (7) (d).
Insert instead “Crown land managers of any
dedicated or reserved Crown land under the Crown Land
Management Act 2016”.
[6]Section 12 Powers and
functions of Service
Omit “trustee” from section 12 (a).
Insert instead “Crown land manager”.
[7]Section 21
Delegation
Omit section 21 (3) (c) (i). Insert
instead:
(i)
on the Minister by section 5.57 (3) of the
Crown Land Management Act 2016,
or
[8]Section 30B Land that may be
reserved under this Division
Omit section 30B (d). Insert instead:
(d)
land in respect of which the National Parks and
Wildlife Reserve Trust is appointed the Crown land manager under section 9 of
the National Park Estate (Land Transfers) Act
1998 or under section 8 of the National Park Estate (Southern Region Reservations) Act
2000, or
[9]Section 30B
(e)
Omit “Crown Lands Acts (within the meaning
of the Crown Lands Act
1989)”.
Insert instead “Crown Land Acts (within the
meaning of the Crown Land Management Act
2016)”.
[10]Section 40 Restrictions on
disposal of or dealing with lands within parks or sites
Omit “Crown Lands Consolidation Act
1913” from section 40 (1).
Insert instead “Crown
Land Management Act 2016”.
[11]Section 47I Restrictions on
dealing with land in state conservation areas
Omit “Part 5 of the Crown
Lands Act 1989” from section 471 (2).
Insert instead “Parts 2 and 3 of the
Crown Land Management Act
2016”.
[12]Section 47J Provisions
relating to mining
Omit section 47J (7) (a)–(c). Insert
instead:
(a)
where the lands are not within an area that was
an irrigation area as defined in the Crown Lands Act
1989 immediately before its repeal—the Minister,
or
(b)
where the lands are within such an irrigation
area—the Minister administering the Water Management
Act 2000.
[13]Section 47N Special provisions
relating to certain state recreation areas
Omit section 47N (2)
(b)–(d).
[14]Section 47N
(2A)
Insert after section 47N (2):
(2A)
Any land that was taken to be dedicated for the
purposes of public recreation under Part 5 of the Crown
Lands Act 1989 immediately before the day on which that
Act was repealed by the Crown Land Management Act
2016 continues, on and from that day, to be Crown land
dedicated for the same purposes under the Crown Land
Management Act 2016.
Note—
Clause 11 of Schedule 7 to the Crown Land Management Act 2016 operated
on the day the Crown Lands Act
1989 was repealed:
(a)
to abolish the reserve trust for the land,
and
(b)
to replace it with a statutory land manager under
that Act, and
(c)
to appoint the members of the trust board of the
reserve trust as members of the board of the statutory land manager,
and
(d)
to appoint the statutory land manager as the
Crown land manager of the land.
[15]Section 47Z Restrictions on
dealing with land within regional parks
Omit “Part 5 of the Crown
Lands Act 1989” from section 47Z (2).
Insert instead “Parts 2 and 3 of the
Crown Land Management Act
2016”.
[16]Section 53 Restrictions on
disposal of or dealing with lands within nature reserves
Omit “Crown Lands Consolidation Act
1913” from section 53 (1).
Insert instead “Crown
Land Management Act 2016”.
[17]Section 58N Restriction on
disposal of or dealing with lands within karst conservation
reserves
Omit “Crown Lands Act
1989”. Insert instead “Crown
Land Management Act 2016”.
[18]Section 68 Wildlife
refuges
Omit “Crown Lands Consolidation Act
1913” from section 68 (3) (a) (i).
Insert instead “Crown
Land Management Act 2016”.
[19]Section 69A
Definitions
Omit the definition of owner from section 69A (1). Insert
instead:
owner, in relation to land, includes
a person who leases land under the Crown Land
Management Act 2016.
[20]Section 69B Conservation
agreements
Omit section 69B (2). Insert instead:
(2)
The Minister must not enter a conservation
agreement for land leased under the Crown Land
Management Act 2016 except with the consent of the
Minister administering that Act.
[21]Section 69K Exhibition of
proposed agreements
Omit section 69K (5). Insert instead:
(5)
This section does not apply to land leased by a
person (other than a statutory authority or a Minister) under the Crown Land Management Act
2016.
[22]Section 138 Payments into
Fund
Omit “trustee” wherever occurring in
section 138 (1) (a1) and (b) (i), (iiia) and (vii).
Insert instead “the Crown land
manager”.
[23]Section 139 Payments out of
Fund
Omit “trustee” from section 139 (2)
(b1). Insert instead “the Crown land
manager”.
[24]Section 153E Easements to
repair and maintain the Border Fence
Omit “Western Lands Act
1901” from section 153E (4).
Insert instead “Crown
Land Management Act 2016”.
[25]Section 155 Regulations
relating to parks
Omit “a by-law might be made under the
Crown Lands Act 1989 in relation to a
reserve within the meaning of Part 5 of that Act” from section 155
(2C).
Insert instead “regulations may be made for
the purposes of section 9.25 of the Crown Land
Management Act 2016 in relation to dedicated or reserved
Crown land”.
[26]Section 187 Administration of
existing interests in reserved land
Omit “, the Crown Lands Act
1989, the Crown Lands
(Continued Tenures) Act 1989 or the Western Lands Act 1901” from
section 187 (1).
Insert instead “or Crown land
Acts”.
[27]Section 187 (3)
(b)–(d)
Omit the paragraphs. Insert instead:
(b)
in respect of existing interests under the Crown
land Acts, the powers of the Minister administering the Crown
Land Management Act 2016.
[28]Section 187
(4)
Insert after section 187 (3):
(4)
In this section:
Crown
land Acts means each of the following:
(a)
the Crown Land
Management Act 2016,
(b)
the Crown Lands Act
1989,
(c)
the Crown Lands
(Continued Tenures) Act 1989,
(d)
the Western Lands Act
1901.
[29]Section 188 Administration of
existing telecommunications interests
Omit paragraph (a) of the definition of broadcasting or telecommunications
facility from section 188 (1).
Insert instead:
(a)
the use of which is authorised under the Forestry Act 2012 or Crown Land Management Act 2016,
or
[30]Section 188C Adjustment of
boundaries of reserved and acquired lands
Omit “Crown Lands Act
1989” from section 188C (4) (b).
Insert instead “Crown
Land Management Act 2016”.
[31]Schedule 2 Revocation of
reservation or dedication of certain land
Insert after clause 3 (3):
(4)
Despite subclause (3) (b), the land becomes
subject to the Crown Land Management Act
2016 on the repeal of the Crown Lands Act
1989.
[32]Schedule 2, clause 22
(2)
Insert at the end of the clause:
(2)
Despite subclause (1) (b), the land continues as
Crown land under the Crown Land Management Act
2016 on the repeal of the Crown Lands Act
1989.
2.17Rural Fires Regulation
2013
[1]Clause 41 Reduction of fire
hazards on managed land
Omit clause 41 (e). Insert instead:
(e)
land that is under the care, control and
management of:
(i)
the Minister for Primary Industries,
or
(ii)
the Lands Administration Ministerial Corporation
constituted by the Crown Land Management Act
2016, or
(iii)
a person employed in Property NSW who is the
administrator of a statutory land manager appointed under Schedule 5 to the
Crown Land Management Act
2016,
but excluding any land subject to a holding or enclosure
permit (within the meaning of the Crown Land
Management Act 2016).
[2]Clause 45 Development excluded
from requirements for bush fire safety authority
Omit “the Western Lands Act
1901” from clause 45 (1) (e).
Insert instead “a Western lands lease
(within the meaning of Schedule 3 to the Crown Land
Management Act 2016)”.
2.18Sydney
Cricket and Sports Ground Act 1978 No
72
[1]Section 4
Definitions
Omit the definition of scheduled
lands from section 4 (1). Insert instead:
scheduled
lands means:
(a)
the land described in Part 1 of Schedule 2,
and
(b)
the land described in Part 2 of Schedule 2,
and
(c)
the land described in Part 3 of Schedule
2.
[2]Part 3
Omit the Part. Insert instead:
Part 3The Sydney Cricket Ground and
the Sydney Sports Ground
8Definitions
In this Part:
Crown
land Minister means the Minister administering the Crown Land Management Act
2016.
repeal
day means the day on which the Crown
Lands Act 1989 is repealed by the Crown
Land Management Act 2016.
9Dedication of scheduled
lands
(1)
The scheduled lands continue, on and from the
repeal day, to be Crown land dedicated for the purpose of public recreation
under the Crown Land Management Act
2016.
(2)
However, the dedication of any of the scheduled
lands cannot be revoked unless it is by an Act of
Parliament.
10Trust is Crown land manager of
scheduled lands
(1)
The Trust is taken, on and from the repeal day,
to have been appointed as the sole Crown land manager under the Crown Land Management Act 2016 of the
scheduled lands.
(2)
The Crown Land
Management Act 2016 applies in relation to the scheduled
lands and to the Trust in its capacity as their Crown land manager, subject to
the following modifications:
(a)
the Trust’s appointment as the Crown land
manager of the scheduled lands cannot be revoked under the Crown Land Management Act
2016,
(b)
no other person can be appointed under the
Crown Land Management Act 2016 as a
Crown land manager of the scheduled lands,
(c)
the Trust is taken to have been assigned as a
category 1 non-council manager of the scheduled land for the purposes of
Division 3.5 of the Crown Land Management Act
2016,
(d)
clause 7 (1) of Schedule 7 to the Crown Land Management Act 2016 is taken
to apply to any estate in fee simple in the scheduled lands vested in the
Trust by section 12 (1) of this Act (as in force immediately before the repeal
day) in the same way as it applies to an estate in fee simple vested in a
reserve trust by section 100 of the Crown Lands Act
1989,
(e)
if the Minister is not also the Crown land
Minister, the Minister can:
(i)
exercise the functions of the Crown land Minister
under Part 2 of the Crown Land Management Act
2016 instead of the Crown land Minister in relation to the
scheduled lands, except a function under any of the provisions referred to in
paragraph (f), and
(ii)
grant written consent for the purposes of
Division 3.5 of the Crown Land Management Act
2016,
(f)
the regulations under this Act may prescribe
kinds of functions for the purposes of section 3.26 (2) (d) of the Crown Land Management Act 2016 in
addition to any functions prescribed by the regulations under that Act and,
consequently, written Ministerial consent is not required for the exercise of
such a function by the Trust,
(g)
the following provisions of the Crown Land Management Act 2016 do not
apply in relation to the scheduled lands or the Trust:
(i)
Division 2.2,
(ii)
Division 2.4 (except for sections 2.12 and
2.14),
(iii)
section 2.21,
(iv)
Division 3.2,
(v)
sections 3.14, 3.15, 3.16 and
3.18,
(vi)
sections 3.29, 3.30 and 3.31,
(vii)
Division 3.6,
(viii)
section 3.45,
(ix)
sections 9.12 and 9.25,
(x)
Schedule 5,
(xi)
any other provisions prescribed by the
regulations.
(3)
If the Minister exercises any function of the
Crown land Minister permitted by this section, the exercise of the function
has the same effect as if it had been duly exercised by the Crown land
Minister.
[3]Section 16E Ancillary
provisions relating to development and use of scheduled lands for additional
purposes
Omit section 16E (2). Insert instead:
(2)
To avoid doubt, a permissible purpose is a
purpose authorised by this Act for section 2.12 of the Crown
Land Management Act 2016 in its application to the
scheduled lands.
Note—
Section 2.12 of the Crown
Land Management Act 2016 provides that dedicated or
reserved Crown land may be used only for the following purposes:
(a)
the purposes for which it is dedicated or
reserved,
(b)
any purpose incidental or ancillary to a purpose
for which it is dedicated or reserved,
(c)
any other purposes authorised by or under that
Act or another Act.
[4]Schedule 2 Description of
lands
Omit “(Sections 4, 8, 9)”. Insert
instead “(Section 4)”.
2.19Wagga
Wagga Racecourse Act 1993 No 109
[1]Section
4
Omit the section. Insert instead:
4Status of
racecourse
(1)
The Wagga Wagga Racecourse continues, on and from
the repeal day, to be Crown land that is dedicated for the following purposes
under the Crown Land Management Act
2016:
(a)
for use as a racecourse,
(b)
for use as a training ground,
(c)
for use as a sports ground,
(d)
for any other form of public amusement or public
purpose (whether or not related to sports) that the Governor has, by order
published in the Gazette (whether before or after the repeal day), declared to
be a form of public amusement or public purpose for which the Racecourse or a
specified part of the Racecourse is permitted to be
used.
Note—
Clause 11 of Schedule 7 to the Crown Land Management Act 2016 operated
on the repeal day:
(a)
to abolish the Wagga Wagga Racecourse Reserve
Trust, and
(b)
to replace it with a statutory land manager under
that Act, and
(c)
to appoint the members of the trust board of the
Wagga Wagga Racecourse Reserve Trust as members of the board of the statutory
land manager, and
(d)
to appoint the statutory land manager as the
Crown land manager of the Wagga Wagga Racecourse.
(2)
Subsection (1) does not limit or prevent the
revocation of the dedication of the Wagga Wagga Racecourse, or the removal,
alteration or addition of purposes for which it is dedicated, in accordance
with the provisions of the Crown Land
Management Act 2016.
(3)
In this section:
repeal
day means the day on which the Crown
Lands Act 1989 is repealed by the Crown
Land Management Act 2016.
[2]Section 5 Continuation of
Wagga Wagga Racecourse Reserve Trust
Omit the section.
2.20Water
NSW Act 2014 No 74
[1]Section 3
Definitions
Omit “Crown Lands Act
1989” from paragraph (b) of the definition of
owner.
Insert instead “Crown
Land Management Act 2016”.
[2]Section 28 Transfer of
specified assets, rights and liabilities
Omit “Crown Lands Act
1989” from section 28 (4).
Insert instead “Crown
Land Management Act 2016”.
[3]Section 49 Crown land in
special areas
Omit “Crown Lands Act
1989” from section 49 (1).
Insert instead “Crown
Land Management Act 2016”.
[4]Section 49
(2)
Omit the subsection. Insert instead:
(2)
The Regulatory Authority may, in a special area,
exercise the functions of a statutory land manager within the meaning of the
Crown Land Management Act 2016 that has
been appointed as a Crown land manager of dedicated or reserved Crown land
under that Act without being appointed as such.
2.21Western Sydney Parklands Act 2006 No
92
[1]Section 18 Dedication of
land
Omit “Crown Lands Act
1989” from section 18 (2) (a).
Insert instead “Crown
Land Management Act 2016”.
[2]Section 29 Management of
cemeteries and crematoria
Omit section 29 (2). Insert instead:
(2)
The provisions of the Cemeteries and Crematoria Act 2013 and
the regulations under that Act relating to cemeteries and crematoria apply to
Trust land used for those purposes in the same way as it applies to Crown land
reserved under the Crown Land Management Act
2016 for those purposes and those provisions apply:
(a)
as if a reference to a Crown cemetery operator
were a reference to the Trust, and
(b)
with such other modifications as may be
prescribed by the regulations.
[3]Section 36 Effect of transfer
of land under this Division
Omit “Crown Lands Act
1989” from section 36 (5).
Insert instead “Crown
Land Management Act 2016”.
[4]Section 37 Administration of
certain existing leases and similar interests
Omit section 37 (1) (a). Insert instead:
(a)
a lease, licence, permit, authority,
authorisation or occupancy in respect of land referred to in Schedule 3 under
the National Parks and Wildlife Act 1974 or
the Crown Land Management Act 2016 (or
rights or interests arising under an incomplete purchase within the meaning of
the Crown Land Management Act 2016 if the
land was formerly under a perpetual lease, special lease or term lease of the
kind referred to in Schedule 1 to that Act),
and
[5]Section 37 (2) (b) and
(c)
Omit the paragraphs. Insert instead:
(b)
in respect of existing interests under the
Crown Land Management Act 2016—the
powers of the Minister administering that Act.
sch 2: Am 2017 No 63,
Sch 1.6 [1].
Schedule 3Amendment of legislation
relating to Crown roads
3.1Land
and Environment Court Act 1979 No
204
Section 18 Class 2—local
government and miscellaneous appeals and applications
Insert after section 18 (1) (c1):
(c2)
appeals under section 38C or 38F of the Roads Act
1993,
3.2Roads
Act 1993 No 33
[1]Section 5 Right of passage
along public road by members of public
Omit section 5 (3) (b). Insert instead:
(b)
by or under section 5.43 of the Crown Land Management Act
2016.
[2]Section 7 Roads
authorities
Insert “administering the Crown Land Management Act 2016”
after “Minister” in section 7 (2).
[3]Part 4 Closing of public
roads
Insert after the heading of the Part:
Division 1Interpretation
32BDefinitions
(1)
In this Part:
adjoining includes
abutting.
council
public road means a public road for which a council is the
roads authority.
non-council public road means a
public road other than a council public road.
notifiable authority, in relation to
a council public road, means each of the following:
(a)
a network operator within the meaning of the
Electricity Supply Act 1995 for a
transmission system or distribution system (as defined in that Act) for an
area that includes the whole or part of the road,
(b)
a network operator within the meaning of the
Gas Supply Act 1996 for a distribution
pipeline or distribution system (as defined in that Act) for an area that
includes the whole or part of the road,
(c)
the Secretary of the Department of Planning and
Environment,
(d)
the Secretary of the Department of
Industry,
(e)
Transport for NSW,
(f)
the State Transit Authority,
(g)
Roads and Maritime Services,
(h)
the Commissioner of Fire and Rescue
NSW,
(i)
the Commissioner of the NSW Rural Fire
Service,
(j)
any other person (or class of persons) prescribed
by the regulations.
(2)
A reference in this Part to the Minister in its
application to a Crown road is to be read as a reference to the roads
authority for the Crown road.
Note—
The roads authority for a Crown road is the
Minister administering the Crown Land
Management Act 2016—see section 7
(2).
[4]Part 4, Division
1
Omit the existing heading. Insert instead:
Division 2Closing of non-council public
roads by Minister
[5]Sections 33, 34, 35, 37 (1)
and 38 (1)
Omit “public road” wherever
occurring. Insert instead “non-council public
road”.
[6]Section 37 Decision on
proposal
Omit section 37 (2). Insert instead:
(2)
However, a non-council public road that is a
classified road may not be closed unless RMS consents to the closure of the
road.
[6A]Section 38 (2)
(b)
Omit the paragraph.
[7]Part 4
Insert after section 38:
Division 3Closing of council public
roads by councils
38AWhen council may close council
public road
A council may propose the closure of a council
public road for which it is the roads authority if:
(a)
the road is not reasonably required as a road for
public use (whether for present or future needs), and
(b)
the road is not required to provide continuity
for an existing road network, and
(c)
if the road provides a means of vehicular access
to particular land, another public road provides lawful and reasonably
practicable vehicular access to that land.
38BNotification of proposal to
close council public road
(1)
A council that is proposing to close a council
public road must cause notice of the proposal:
(a)
to be published in a local newspaper,
and
(b)
to be given to:
(i)
all owners of land adjoining the road,
and
(ii)
all notifiable authorities,
and
(iii)
any other person (or class of person) prescribed
by the regulations.
(2)
The notice:
(a)
must identify the road that is proposed to be
closed, and
(b)
must state that any person is entitled to make
submissions to the council with respect to the closing of the road,
and
(c)
must indicate the manner in which, and the period
(being at least 28 days) within which, any such submission should be
made.
38CPublic submissions and formal
objections
(1)
Any person may make submissions to the council
with respect to the closing of the road in the manner and within the period
specified in the notice published under section 38B.
(2)
Without limiting subsection (1), a notifiable
authority in relation to the road may include a statement in the
authority’s submission to the effect that the authority formally objects
to the closing of the road. The authority may withdraw the objection any time
by written notice given to the council.
Note—
If a formal objection is made, section 38D (2)
provides that the road may not be closed until the objection is withdrawn by
the authority or set aside by the Land and Environment Court under this
section.
(3)
The council may appeal to the Land and
Environment Court against a formal objection made by a notifiable authority
against the closing of the road.
(4)
On any such appeal, the Land and Environment
Court may:
(a)
affirm the objection, or
(b)
set aside the
objection.
(5)
In deciding whether to affirm or set aside the
objection, the Land and Environment Court must have regard to the public
interest.
38DDecision of
proposal
(1)
After considering any submissions that have been
duly made with respect to the proposal, the council may, by notice published
in the Gazette, close the public road concerned.
(2)
However, a council public road may not be
closed:
(a)
in the case of a classified road—unless RMS
consents to the closure of the road, or
(b)
in the case where a notifiable authority has
formally objected under section 38C to the closing of the road—until the
objection is withdrawn by the authority or set aside by the Land and
Environment Court under that section.
38EEffect of notice of
closure
(1)
On publication of the notice closing the council
public road concerned:
(a)
the road ceases to be a public road,
and
(b)
the rights of passage and access that previously
existed in relation to the road are extinguished.
(2)
The land comprising a former road:
(a)
in the case of a public road that was previously
vested in a council (other than a public road in respect of which no
construction has ever taken place)—remains vested in the council,
and
(b)
in any other case—becomes (or, if
previously vested in the Crown, remains) vested in the Crown as Crown
land.
38FAppeals to Land and
Environment Court against closure decision
(1)
A person referred to in section 38B (1) (b) may
appeal to the Land and Environment Court against the closure of a council
public road by a council.
(2)
On any such appeal, the Land and Environment
Court may:
(a)
affirm the closure, or
(b)
set aside the closure.
(3)
Section 38E is taken never to have applied to a
closure that is set aside.
(4)
To avoid doubt, an appeal under section 38C does
not prevent an appeal under this section.
[8]Part 4
Renumber existing Divisions 2, 3 and 4 as
Divisions 4, 5 and 6, respectively.
[9]Section 42 Disposal of Crown
land arising from closure of public road
Omit “Crown Lands Acts” from section
42 (1).
Insert instead “Crown
Land Management Act 2016”.
[10]Section 42
(2)
Omit the subsection.
[11]Part 7 Protection of public
roads and traffic
Insert after Division 3:
Division 4Crown
roads
108Repairs and maintenance of
Crown roads
(1)
A roads authority for a Crown road may, by
written notice, direct a person who uses a Crown road, or part of a Crown
road, to take specified action to repair or maintain the road or part if the
roads authority is satisfied that:
(a)
the road is not generally used for access by the
public, and
(b)
the person is someone who benefits from the use
of the road.
Note—
The roads authority for a Crown road is the
Minister administering the Crown Land
Management Act 2016—see section 7
(2).
(2)
A direction under this section must
specify:
(a)
the manner in which, or the standard to which,
the direction must be complied with, and
(b)
the period within which the direction must be
complied with.
(3)
The roads authority may vary or revoke the
direction by a further written notice.
(4)
A person must comply with a direction given to
the person.
Maximum penalty (subsection (4)):
(a)
for a corporation—200 penalty units and,
for a continuing offence, a further penalty of 20 penalty units for each day
the offence continues, or
(b)
for an individual—100 penalty units and,
for a continuing offence, a further penalty of 10 penalty units for each day
the offence continues.
109Roads authority may authorise
certain other persons to carry out repairs and maintenance in non-compliance
cases
(1)
If a person does not comply with a direction
given to the person under section 108, the roads authority may authorise
government sector employees, contractors or other agents to enter the land
concerned and carry out all or part of the specified
action.
(2)
The roads authority may recover the cost of that
action from the person given the direction in any court of competent
jurisdiction as a debt due by that person to the Crown.
110Contributions for repairs and
maintenance of Crown roads
(1)
A roads authority for a Crown road may, by
written notice, direct a person who uses the Crown road or part of the Crown
road to pay a specified contribution for the repair or maintenance of the road
or part if satisfied that:
(a)
the road is not generally used for access by the
public, and
(b)
the person is someone who benefits from the use
of the road.
(2)
A direction under this section must
specify:
(a)
the manner in which the direction must be
complied with, and
(b)
the period within which the direction must be
complied with.
(3)
The roads authority may vary or revoke the
direction by a further written notice.
(4)
The regulations may make provision for or with
respect to the amounts payable under this section (including a maximum
amount).
(5)
Money received by the roads authority under this
section must be paid into the Crown Reserves Improvement Fund within the
meaning of the Crown Land Management Act
2016.
(6)
A person must comply with a direction given to
the person.
Maximum penalty (subsection (6)):
(a)
for a corporation—200 penalty units and,
for a continuing offence, a further penalty of 20 penalty units for each day
the offence continues, or
(b)
for an individual—100 penalty units and,
for a continuing offence, a further penalty of 10 penalty units for each day
the offence continues.
[12]Sections 147, 148 and
151
Omit the sections.
[13]Part 10, Division
1A
Insert after Division 1:
Division 1AFunctions with respect to
Crown roads and surplus Crown land
152ACrown roads generally not to
be dealt with under Crown Land Management Act
2016
(1)
A Crown road may not be dealt with under the
Crown Land Management Act 2016 while it
is a Crown road, except as provided by this section or the
regulations.
Note—
The roads authority for a Crown road is the
Minister administering the Crown Land
Management Act 2016—see section 7
(2).
(2)
However, the roads authority may, in accordance
with the Crown Land Management Act
2016:
(a)
deal with a Crown road under section 5.43
(Cultivation of enclosed Crown roads) of that Act, and
(b)
grant an easement, licence, permit or consent
with respect to a Crown road.
(3)
An easement, licence, permit or consent may not
be granted under subsection (2) with respect to a Crown road if it is
inconsistent with the rights of passage and access that exist with respect to
the road.
(4)
To avoid doubt, the granting of an easement,
licence, permit or consent under this section is not inconsistent with a right
of passage or access that exists with respect to a road if:
(a)
an alternative right of passage is provided,
and
(b)
the alternative right of passage is substantially
as convenient as the existing right.
(5)
Section 13.2 (Exclusion of minerals and
qualifications from dealings under Act) of the Crown Land
Management Act 2016 is taken to apply in relation to a
sale, lease or other disposal of a Crown road under this Act in the same way
as it applies to the sale, lease or other disposal of Crown land under the
Crown Land Management Act
2016.
152BPower to sell or dispose of
Crown road without first closing it
The roads authority may sell or otherwise dispose
of a Crown road, or part of a Crown road, without first closing
it.
152CApplications for sale or
disposal of Crown road
(1)
An application for the sale or disposal of a
Crown road may be made to the roads authority for the road by any
person.
(2)
The roads authority may require the applicant to
lodge with the roads authority:
(a)
any fee required to cover the cost of processing
the application, and
(b)
any sum of money necessary to defray a cost
incurred by the roads authority or any other person with respect to the
proposed sale or disposal of the road, and
(c)
any further information relevant to the
application.
(3)
Such a notice may be served either before or
during the consideration of the application.
(4)
An application is taken to have been abandoned if
any requirement of the notice is not complied with within the period specified
in the notice.
152DNotification of proposal to
sell or dispose of Crown road
(1)
The roads authority must cause notice of the
proposed sale or disposal of a Crown road:
(a)
to be published in a local newspaper,
and
(b)
to be given to all owners of land adjoining the
road.
(2)
The notice:
(a)
must identify the road that is proposed to be
sold or disposed of, and
(b)
must state that any person is entitled to make
submissions to the roads authority with respect to the sale or disposal of the
road, and
(c)
must indicate the manner in which, and the period
(being at least 28 days) within which, any such submission should be
made.
152EDecision on
proposal
(1)
After considering any submissions that have been
duly made with respect to the proposal, the roads authority may sell or
dispose of the Crown road concerned.
(2)
However, a Crown road may not be sold or disposed
of to a person who is not an owner of land adjoining the road or a public
authority unless each owner of land adjoining the road consents to
it.
152FConditions that may be
included in contracts of sale for Crown road
(1)
The roads authority may include in the contract
of sale for a Crown road any conditions that the roads authority
determines.
(2)
Without limiting subsection (1), the roads
authority may include any condition the roads authority is permitted to
include in a contract for the sale of Crown land under Division 5.4 of the
Crown Land Management Act
2016.
(3)
Sections 5.11–5.15 of the Crown Land Management Act 2016 are taken
to apply in relation to conditions imposed under this section in the same way
as they apply to conditions and restrictions imposed under Division 5.4 of
that Act in relation to the sale of Crown land.
152GPurchase price for
sales
(1)
The roads authority may require the purchase
price for the sale of a Crown road, or part of a Crown road, to be paid in
full or by instalments.
(2)
The regulations may make provision for or with
respect to sales of Crown roads by the payment of purchase price instalments,
including in relation to the following:
(a)
the determination of purchase prices (including
interest repayments), methods of payments and instalment amounts for such
sales,
(b)
the transfer of title to roads under such
sales,
(c)
the terms and conditions applicable to such
sales,
(d)
the transfer and subdivision of roads under such
sales,
(e)
the forfeiture of roads under such sales for
non-payment of instalments or contraventions of applicable terms and
conditions (including the status of the roads on
forfeiture),
(f)
the application of the provisions of Schedule 4
to the Crown Land Management Act
2016 (whether with or without modification) to such
sales.
152HEffect of registration of sale
or disposal
(1)
On the transfer registration for a Crown road or
part of the Crown road concerned:
(a)
the road or part ceases to be a Crown road,
and
(b)
the rights of passage and access that previously
existed in relation to the road or part are
extinguished.
(2)
The transfer registration for the Crown road or
part of the Crown road occurs:
(a)
for land to which the Real
Property Act 1900 applies—when the interest of the
purchaser or transferee is registered in the Register kept under that Act,
or
(b)
for land to which the Real
Property Act 1900 does not apply—when the interest
of the purchaser or transferee is recorded in the General Register of Deeds
kept under the Conveyancing Act
1919.
(3)
No compensation is payable for the extinguishment
of any rights of passage or access because of the operation of this
section.
152ITransfer of Crown road to
roads authority
(1)
The roads authority may, by order published in
the Gazette, transfer a specified Crown road to another roads
authority.
(2)
On the publication of the order, the road ceases
to be a Crown road.
(3)
An order transferring a Crown road to RMS may not
be made except with the consent of RMS.
(4)
If the road has been provided in a subdivision of
Crown land for alienation, or has been reserved in the measurement of Crown
land, the official plans of survey showing the road adjacent to the land
subdivided or measured are evidence of the width, extent and position of the
road.
152JDisposal of surplus Crown
land
Land that has been acquired by the Minister under
Part 12, but that is no longer required for the purposes of this Act, may be
dealt with in accordance with the Crown Land
Management Act 2016 or may be given in compensation for
land acquired for the purposes of this Act.
[14]Section 190 Entitlement to
compensation
Omit “, permissive occupancy or yearly
lease” from section 190 (2) (a).
Insert instead “or permissive
occupancy”.
[15]Section
242A
Insert after section 242:
242AContinuing
offences
(1)
A person who is guilty of an offence because the
person fails to comply with a requirement made by or under this Act or the
regulations (whether the requirement is imposed by a notice or in any other
way) to do or cease to do something (whether or not within a specified period
or before a particular time):
(a)
continues, until the requirement is complied with
and despite the fact that any specified period has expired or time has passed,
to be liable to comply with the requirement, and
(b)
is guilty of a continuing offence for each day
the contravention continues.
(2)
This section does not apply to an offence if the
relevant provision of this Act or the regulations does not provide for a
penalty for a continuing offence.
(3)
This section does not apply to the extent that a
requirement of a notice is revoked.
[16]Section 260 Reference of
certain matters to Secretary
Omit “Crown Lands Act
1989” from the definition of Secretary in section 260
(5).
Insert instead “Crown
Land Management Act 2016”.
[17]Schedule 2 Savings,
transitional and other provisions
Insert at the end of the Schedule, with
appropriate Part and clause numbering:
PartProvision consequent on
enactment of Crown Land Legislation Amendment Act
2017
Easements etc taken to be
validly granted
(1)
This clause applies to any easement, licence,
permit or consent purportedly granted under section 147 before its repeal by
the amending Act (a purported
interest).
(2)
Any purported interest that would have been valid
had the provisions of section 152A (4) (as inserted by the amending Act)
formed part of section 147 at the time concerned is taken to be (and always to
have been) valid.
(3)
In this clause, amending
Act means the Crown Land
Legislation Amendment Act 2017.
[18]Dictionary
Omit “Crown Lands Act
1989” from the definition of Crown land.
Insert instead “Crown
Land Management Act 2016”.
[19]Dictionary, definition of
“Crown Lands Acts”
Omit the definition. Insert instead:
Crown
Land Acts has the same meaning as it has in the Crown Land Management Act
2016.
[20]Dictionary, definition of
“unoccupied Crown land”
Omit the definition. Insert instead:
unoccupied Crown land means Crown
land other than:
(a)
Crown land that is the subject of a contract of
sale under the Crown Land Management Act
2016 but for which the Crown has not received the sale
price, or
(b)
Crown land that is held under a lease in
perpetuity or for a term of years under the Crown Land Acts,
or
(c)
Crown land that is included in a travelling stock
reserve under the care, control and management of Local Land Services,
or
(d)
Crown land that is managed by a Crown land
manager under the Crown Land Management Act
2016, or
(e)
Crown land that is included in a common within
the meaning of the Commons Management Act
1989, or
(f)
Crown land that is subject to an
easement.
3.3Roads Regulation
2008
[1]Clause 82 Authorised
officer
Omit clause 82 (1) (a). Insert instead:
(a)
in respect of dedicated or reserved Crown land
under the Crown Land Management Act
2016:
(i)
a member of a board of a Crown land manager,
or
(ii)
an employee of a Crown land manager,
or
(iii)
an administrator for a statutory land
manager,
[2]Clause
83A
Insert after clause 83:
83ANotification of proposal to
close council public roads
(1)
A major utility or water supply authority within
the meaning of the Water Management Act
2000 (if the council public road concerned is located
wholly or partly within the utility’s or authority’s area of
operations) is prescribed for the purposes of paragraph (j) of the definition
of notifiable authority in section 32B
(1) of the Act.
(2)
The owner or occupier of land whose land will
suffer a material loss of access because of the council public road closure
concerned is prescribed for the purposes of section 38B (1) (b) (iii) of the
Act.
sch 3: Am 2017 No 63,
Sch 1.6 [2] [3].
Schedule 4Amendment of other
legislation
4.1Apiaries Act 1985 No
16
[1]Section 15A Forfeiture of
beehives in certain cases
Omit “Crown Lands Act
1989” from paragraph (a) of the definition of
public
land in section 15A (11).
Insert instead “Crown
Land Management Act 2016”.
[2]Section 15A (11), definition
of “public land”
Omit paragraph (e). Insert instead:
(e)
any land leased under a Western lands lease
within the meaning of Schedule 3 to the Crown Land
Management Act 2016.
4.2Australian Oil Refining Agreements Act 1954 No
34
[1]Section 7 Determination of
rental by Secretary
Omit “Director-General” and
“Director-General’s” wherever occurring (except in section 7
(4)).
Insert instead “Secretary” and
“Secretary’s”, respectively.
[2]Section 7
(4)
Omit the definition of Director-General. Insert
instead:
Secretary has the same meaning as in
the Crown Land Management Act
2016.
4.3Baptist Churches of New South Wales Property Trust Act
1984 No 4
Section 34 Waiver of certain
conditions etc in Crown grants
Omit section 34 (2) and
(3).
4.4Baptist Union Incorporation Act
1919
Section 3A Validation of
grants
Omit section 3A (2).
4.5Barangaroo Delivery Authority Act 2009 No
2
[1]Section 19 Dedication of
land
Omit “Crown Lands Act
1989” from section 19 (2) (a).
Insert instead “Crown
Land Management Act 2016”.
[2]Section 29 Transfer of land or
management of land of other public authorities
Omit “Crown Lands Act
1989” wherever occurring in section 29 (2) and
(7).
Insert instead “Crown
Land Management Act 2016”.
[3]Section 29
(3)
Omit the subsection. Insert instead:
(3)
Division 5.3 of the Crown
Land Management Act 2016 does not apply to any such
transfer of Crown land.
[4]Section 29
(6)
Omit “Crown Lands Act
1989 but does not include a Crown reserve within the
meaning of section 34A of that Act” from the definition of Crown land.
Insert instead “Crown
Land Management Act 2016, but does not include Crown
managed land within the meaning of that Act”.
4.6Biodiversity Conservation Act 2016 No
63
[1]Section 1.6
Definitions
Omit the definition of Crown land from section 1.6 (1).
Insert instead:
Crown
land means Crown land within the meaning of the Crown Land
Management Act 2016.
[2]Section 1.6 (1), definition of
“owner”
Omit “Crown Lands Act
1989” from paragraph (a) (ii).
Insert instead “Crown
Land Management Act 2016”.
[3]Section 1.6 (1), definition of
“owner”
Omit “Crown Lands Act
1989, the Crown Lands
(Continued Tenures) Act 1989 or the Western Lands Act 1901” from
paragraph (b).
Insert instead “Crown
Land Management Act 2016”.
[4]Sections 5.9 (5), 5.21 (5),
5.28 (5) and 8.16 (4)
Omit “Crown Lands Act
1989” wherever occurring.
Insert instead “Crown
Land Management Act 2016”.
4.7Biosecurity Act 2015 No
24
[1]Section 7 General
definitions
Omit paragraph (f) of the definition of government
agency.
[2]Section
7
Insert in alphabetical order:
Western
Division means that part of the State that is the Western
Division within the meaning of the Crown Land
Management Act 2016.
[3]Section 370 Local control
authority—meaning
Omit section 370 (2). Insert instead:
(2)
The local control authority for land within the
Western Division that is not within a local government area is the person
appointed under this section for that purpose.
[4]Section 370
(4)–(6)
Insert after section 370 (3):
(4)
The Minister may appoint a person to be the local
control authority for the purposes of subsection (2) for land within the
Western Division that is not within a local government
area.
(5)
The Minister may revoke an appointment under
subsection (4) at any time or for any reason.
(6)
A person appointed under subsection (2) (except a
person who is an employee of a government sector agency within the meaning of
the Government Sector Employment Act 2013)
is entitled to be paid the remuneration (including travelling and subsistence
allowances) that the Minister may from time to time determine in respect of
the person.
[5]Section 383 Protection from
liability
Omit paragraph (e) of the definition of protected person from section 383
(4).
Insert instead:
(e)
a person who is the local control authority for
land within the Western Division that is not within a local government area,
or
[6]Schedule 1 Special provisions
relating to weeds
Insert “(as in force immediately before its
repeal)” after “Hay Irrigation
Act 1902” and “Wentworth
Irrigation Act 1890” in paragraph (a) of the
definition of irrigation area in clause
2.
4.8Botany
Bay National Park (Helicopter Base Relocation) Act 2004 No
27
Section
7
Omit the section. Insert instead:
7Application of Crown Land Management Act
2016
(1)
Any land to which this Act applies that was Crown
land immediately before the repeal day continues, on and from that repeal day,
to be Crown land under the Crown Land
Management Act 2016.
(2)
In this section:
repeal
day means the day on which the Crown
Lands Act 1989 is repealed by the Crown
Land Management Act 2016.
4.9Brigalow and Nandewar Community Conservation Area Act
2005 No 56
[1]Section 4
Definitions
Omit “Crown Lands Act
1989” from the definition of Crown
land in section 4 (1).
Insert instead “Crown
Land Management Act 2016”.
[2]Section 12 Vesting in NPW
Minister of certain former State forests
Omit “perpetual lease, special lease or
term lease within the meaning of the Crown Lands
(Continued Tenures) Act 1989 (or from rights or interests
arising under an incomplete purchase within the meaning of that Act)”
from section 12 (2).
Insert instead “continued perpetual lease,
continued special lease or continued term lease within the meaning of Schedule
1 to the Crown Land Management Act
2016 (or from rights or interests arising under an
incomplete purchase within the meaning of that Act of land that was formerly
under a lease of that kind)”.
[3]Section 22 Adjustment of
description of transferred land
Omit “Crown Lands Act
1989” from section 22 (4) (c).
Insert instead “Crown
Land Management Act 2016”.
[4]Schedule 9 Land
transfers—ancillary and special provisions
Omit clause 1 (1) (b) and (c). Insert
instead:
(b)
land that a person holds under a continued
perpetual lease, a continued special lease or a continued term lease within
the meaning of Schedule 1 to the Crown Land
Management Act 2016,
(c)
land that is comprised in an incomplete purchase
within the meaning of the Crown Land Management Act
2016 that was formerly under a lease of the kind referred
to in paragraph (b).
[5]Schedule 9, clause 5 (1),
definition of “private land holding”
Omit “Crown Lands Act
1989” from paragraph (b).
Insert instead “Crown
Land Management Act 2016”.
[6]Schedule 9, clause 8
(1)
Omit “perpetual leases (within the meaning
of the Crown Lands (Continued Tenures) Act
1989)”.
Insert instead “continued perpetual leases
(within the meaning of Schedule 1 to the Crown Land
Management Act 2016)”.
[7]Schedule 9, clause 8
(2)
Omit “Crown Lands
(Continued Tenures) Act 1989”.
Insert instead “Crown
Land Management Act 2016”.
4.10Central Coast Water Corporation Act 2006 No
105
Section 32 Transfer of staff,
assets, rights and liabilities
Omit “Crown Lands Act
1989” from section 32 (6).
Insert instead “Crown
Land Management Act 2016”.
4.11Civil
and Administrative Tribunal Act 2013 No
2
[1]Schedule 3 Administrative and
Equal Opportunity Division
Omit paragraphs (d), (e) and (f) of the
definition of lands
legislation in clause 1 (1).
Insert instead:
(d)
the Crown Land
Management Act 2016,
[2]Schedule 3, clause 1
(1)
Omit paragraphs (j) and (k) of the definition of
lands
legislation.
4.12Coal
Ownership (Restitution) Act 1990 No
19
Section 4 Power of the
Minister to grant coal in accordance with this Act
Omit “Crown Lands Act
1989” from section 4 (4).
Insert instead “Crown
Land Management Act 2016”.
4.13Coastal Management Act 2016 No
20
Section 28 Modification of
doctrine of erosion and accretion
Omit “Crown Lands Act
1989” from section 28 (4).
Insert instead “Crown
Land Management Act 2016”.
4.14Coastal Protection Regulation
2011
[1]Clause 16 Delegation of
functions of Coastal Authorities
Omit “any member of staff of the
Department,” from clause 16 (a).
Insert instead “any person employed in the
Department,”.
[2]Clause 16
(b)
Omit “Crown Lands Act
1989—any member of staff of the Land and Property
Management Authority,”.
Insert instead “Crown
Land Management Act 2016—any person employed in that
part of the Department of Industry comprising the group of staff who are
principally involved in the administration of that
Act,”.
[3]Clause 16 (d)
(i)
Omit “any member of staff of the Land and
Property Management Authority, and”.
Insert instead “any person employed in that
part of the Department of Industry comprising the group of staff who are
principally involved in the administration of the Crown
Land Management Act 2016,
and”.
[4]Clause 16 (d)
(ii)
Omit “any member of staff of a
Department”.
Insert instead “any person employed in a
Department”.
4.15Commons Management Act 1989 No
13
[1]Section 3
Definitions
Omit the definition of Crown
Lands Acts from section 3 (1). Insert instead:
Crown
Land Acts has the same meaning as in the Crown Land Management Act
2016.
[2]Section 3
(1)
Insert in alphabetical order:
Eastern
and Central Division means that part of the State that is
the Eastern and Central Division within the meaning of the Crown Land Management Act
2016.
Western
Division means that part of the State that is the Western
Division within the meaning of the Crown Land
Management Act 2016.
[3]Section 3 (1), definition of
“land district”
Omit the definition. Insert instead:
land
district—see section 3A.
[4]Section 3
(4)
Omit the subsection.
[5]Section
3A
Insert after section 3:
3AMeaning of “land
district”
(1)
In this Act, land
district means (subject to subsection (2)):
(a)
in relation to land in the Eastern and Central
Division—a land district established under section 8 of the Crown Lands Act 1989 in existence
immediately before the repeal of that Act, and
(b)
in relation to land in the Western
Division—an administrative district established under section 9 of the
Western Lands Act 1901 in existence
immediately before the repeal of that Act.
(2)
The Minister may, by order published in the
Gazette, specify land districts for the purposes of this
Act.
(3)
Without limiting subsection (2), the order may
alter or abolish existing land districts (including those referred to in
subsection (1)) or specify new land districts.
[6]Sections 24 (3) and
61A
Omit “Crown Lands Acts” wherever
occurring. Insert instead “Crown Land
Acts”.
4.16Companion Animals Act 1998 No
87
[1]Section 5
Definitions
Omit paragraph (c) of the definition of council in section 5 (1). Insert
instead:
(c)
the person appointed under section 6 (1A) in
relation to land within the Western Division that is not within an area under
the Local Government Act 1993 (the appointed
person’s area for the purposes of this
Act).
[2]Section 5 (1), definition of
“dog”
Omit “Crown Lands Act
1989” from the note.
Insert instead “Crown
Land Management Act 2016”.
[3]Section 5
(1)
Insert in alphabetical order:
Western
Division means that part of the State that is the Western
Division within the meaning of the Crown Land
Management Act 2016.
[4]Section 6 Meaning of
“local authority”
Insert after section 6 (1):
(1A)
The Minister may appoint a person to be the local
authority for the purposes of this Act for land within the Western Division
that is not within the area of a council under the Local
Government Act 1993.
(1B)
The Minister may revoke an appointment under
subsection (1A) at any time or for any reason.
(1C)
A person appointed under subsection (1A) (except
a person who is an employee of a government sector agency within the meaning
of the Government Sector Employment Act
2013) is entitled to be paid the remuneration (including
travelling and subsistence allowances) that the Minister may from time to time
determine in respect of the person.
4.17Constitution Act 1902 No
32
Section 51 Local
government
Omit section 51 (4). Insert instead:
(4)
For the purposes of this section, each of the
following is taken to be a local government body:
(a)
for the Western Division (as defined in the
Crown Land Management Act
2016)—any person with all or any of the functions of
a local government body in relation to any part of the State in that
Division,
(b)
for Lord Howe Island—the Lord Howe Island
Board,
(c)
an administrator with all or any of the functions
of a local government body.
4.18Contaminated Land Management Act 1997 No
140
[1]Section 4
Definitions
Omit paragraph (c) of the definition of local
authority in section 4 (1). Insert instead:
(c)
the EPA in relation to land within the Western
Division that is not within an area within the meaning of the Local Government Act 1993,
or
[2]Section 4 (1), definition of
“owner”
Omit paragraph (a). Insert instead:
(a)
in relation to Crown land:
(i)
that is the subject of a perpetual lease under
the Crown Land Management Act
2016—means the holder of such a lease,
and
(ii)
in any other case—means the
Crown.
[3]Section 4
(1)
Insert in alphabetical order:
Western
Division means that part of the State that is the Western
Division within the meaning of the Crown Land
Management Act 2016.
4.19Conveyancing Act 1919 No
6
[1]Section 6 Application of Act
to Real Property Act 1900 and other
Acts
Omit “Crown Lands
(Continued Tenures) Act 1989, the Western Lands Act 1901,” from
section 6 (2).
Insert instead “Crown
Land Management Act 2016,”.
[2]Section 6
(2A)
Omit “and land in holdings to which the
Crown Lands (Continued Tenures) Act
1989 applies”.
Insert instead “, including land under a
continued incomplete tenure purchase, continued perpetual lease, continued
term lease or continued special lease within the meaning of Schedule 1 to the
Crown Land Management Act
2016”.
[3]Section 7
Definitions
Omit “Surveyor-General” from the
definition of Crown
plan in section 7 (1).
Insert instead
“Registrar-General”.
[4]Section 7A Current
Plan
Omit “Division 3A of Part 4 of the Crown Lands Act 1989 or Part 9E of the
Western Lands Act 1901” from
section 7A (3) (c).
Insert instead “Division 5.7 of the Crown Land Management Act
2016”.
[5]Section 23G Exceptions to sec
23F
Omit “Division 3A of Part 4 of the Crown Lands Act 1989 or Part 9E of the
Western Lands Act 1901” from
section 23G (n) (i).
Insert instead “Division 5.7 of the Crown Land Management Act
2016”.
[6]Section 66Y Operation of
Division 8
Omit “Western Lands Act
1901, the Crown Lands Act
1989” from section 66Y (1).
Insert instead “Crown
Land Management Act 2016”.
[7]Section 66ZK Operation of
Division 9
Omit “Western Lands Act
1901, the Crown Lands Act
1989” from section 66ZK (1).
Insert instead “Crown
Land Management Act 2016”.
4.20Conveyancing (Sale of Land) Regulation
2010
[1]Clause 3
Definitions
Omit “Crown Lands Act
1989” from the definition of Crown
land in clause 3 (1).
Insert instead “Crown
Land Management Act 2016”.
[2]Schedule 4 Exempt contracts,
options and land
Omit “the Crown Lands
(Continued Tenures) Act 1989 or the Western Lands Act 1901” from item
4 of Part 1.
Insert instead “Schedule 1 or 3 to the
Crown Land Management Act
2016”.
[3]Schedule 4, Part
1
Insert “or Crown road” after
“road” in item 5.
[4]Schedule 4, Part
1
Insert “or Division 1A of Part 10”
after “section 42 or 43” in item 5.
4.21Dividing Fences Act 1991 No
72
[1]Section 3
Definitions
Insert at the end of paragraph (b) of the
definition of owner:
, and
(c)
any Crown land manager of Crown managed land
(within the meaning of the Crown Land
Management Act 2016).
[2]Section 4 Determination as to
“sufficient dividing fence”
Insert “immediately before the repeal of
that Act” after “that Act” in section 4
(g).
[3]Section 13 Jurisdiction of
Local Court or Civil and Administrative Tribunal
Omit “lease under the Western Lands Act 1901” from
section 13 (1A).
Insert instead “Western lands lease within
the meaning of Schedule 3 to the Crown Land
Management Act 2016”.
4.22Dormant Funds Act 1942 No
25
[1]Section 2
Definitions
Omit “the Trustees of
Schools of Arts Enabling Act 1902” from paragraph
(d) of the definition of Purpose
of a public character in section 2 (1).
Insert instead “clause 20 of Schedule 7 to
the Crown Land Management Act
2016”.
[2]Section 5A Commissioner may
determine fund to be dormant
Omit “the Trustees of
Schools of Arts Enabling Act 1902” from section 5A
(1) (e).
Insert instead “clause 20 of Schedule 7 to
the Crown Land Management Act
2016”.
4.23Duties
Act 1997 No 123
[1]Section 64A Amalgamation of
Western Lands leases
Omit “lease under the Western Lands Act 1901” from
section 64A (1).
Insert instead “Western lands lease (within
the meaning of Schedule 3 to the Crown Land
Management Act 2016)”.
[2]Section 64A (2) (a) and
(b)
Omit “lease under the Western Lands Act 1901” wherever
occurring.
Insert instead “Western lands
lease”.
4.24Duties (Western Lands Leases) Order
1999
Clause 3 Amalgamation of
Western Lands leases: section 64A of the Act
Omit “lease under the Western Lands Act 1901” from
clause 3 (1).
Insert instead “Western lands lease (within
the meaning of Schedule 3 to the Crown Land
Management Act 2016)”.
4.25Electricity Generator Assets (Authorised Transactions) Act
2012 No 35
Schedule 6 Savings,
transitional and other provisions
Insert after clause 2 (5) (a):
(a1)
the Crown Land
Management Act 2016 or any statutory rule or order made
under that Act,
4.26Electricity Supply Act 1995 No
94
[1]Section 45 Erection and
placement of electricity works
Omit paragraph (c) of the definition of public land in section 45 (6).
Insert instead:
(c)
Crown land or Crown managed land within the
meaning of the Crown Land Management Act
2016, or
[2]Section 45 (6), definition of
“public land”
Omit paragraph (g).
[3]Section 189 Application of Act
outside local government areas
Omit “Western Lands Commissioner”
from section 189 (1) (b).
Insert instead “Minister administering the
Crown Land Management Act
2016”.
4.27Environmental Planning and Assessment Act 1979 No
203
[1]Section 4
Definitions
Omit “Crown Lands Act
1989” from the definition of Crown
land in section 4 (1).
Insert instead “Crown
Land Management Act 2016”.
[2]Section 121C Giving orders to
public authorities
Omit section 121C (1) (b). Insert instead:
(b)
Crown managed land within the meaning of the
Crown Land Management Act
2016,
[3]Schedule 6 Savings,
transitional and other provisions
Omit “Western Lands Commissioner”
from clause 138 (4). Insert instead
“Minister”.
4.28Environmental Planning and Assessment Regulation
2000
[1]Clause 190 Offences relating
to certain Crown property
Omit “a reserve within the meaning of Part
5 of the Crown Lands Act
1989” from clause 190 (a).
Insert instead “Crown managed land within
the meaning of the Crown Land Management Act
2016”.
[2]Clause
190
Omit “administering the Crown Lands Act
1989”.
Insert instead “administering the Crown Land Management Act
2016”.
[3]Clause 226 Prescribed persons:
section 88
Omit “Crown cemetery trust” from
clause 226 (1) (e).
Insert instead “Crown cemetery
operator”.
[4]Clause 277 Public
authorities
Omit clause 277 (2).
[5]Schedule 3 Designated
development
Omit “Crown Lands Act
1989” from paragraph (d) of the definition of
environmentally sensitive area in
clause 38.
Insert instead “Crown
Land Management Act 2016”.
4.29Farm
Water Supplies Act 1946 No 22
Section 2
Definitions
Omit “Crown Lands Acts” from
paragraph (b) of the definition of Owner.
Insert instead “Crown Land Acts within the
meaning of the Crown Land Management Act
2016”.
4.30Fines
Act 1996 No 99
Section 38 Circumstances in
which person issued with penalty reminder notice for vehicle or vessel offence
is not liable to pay penalty
Omit paragraph (d) of the definition of vehicle
or vessel offence in section 38 (4).
Insert instead:
(d)
a vehicle offence within the meaning of the
Crown Land Management Act
2016,
4.31Fire
and Emergency Services Levy Act 2017 No
9
Section 42 Requirements for
classification as government land
Omit “Crown Lands Act
1989” from section 42 (1) (e).
Insert instead “Crown
Land Management Act 2016”.
4.32Fisheries Management Act 1994 No
38
[1]Section 4
Definitions
Omit “Crown Lands Act
1989” from the definition of Crown
land in section 4 (1).
Insert instead “Crown
Land Management Act 2016”.
[2]Section 176 Power to withdraw
land from lease
Omit “section 136 of the Crown Lands Act 1989” from section
176 (2).
Insert instead “section 7.8 of the Crown Land Management Act
2016”.
[3]Section 199 Circumstances in
which a public authority (other than local authority) may carry out dredging
or reclamation
Omit “Crown Lands Act
1989” from section 199 (3).
Insert instead “Crown
Land Management Act 2016”.
[4]Section 200 Circumstances in
which a local government authority may carry out dredging or
reclamation
Omit “Crown Lands Act
1989” from section 200 (2) (a).
Insert instead “Crown
Land Management Act 2016”.
[5]Section 201 Circumstances in
which a person (other than a public or local government authority) may carry
out dredging or reclamation work
Omit “Crown Lands Act
1989” from section 201 (2) (a).
Insert instead “Crown
Land Management Act 2016”.
[6]Section 223 Minister may
acquire land
Omit “Crown Lands Act
1989” from section 223 (3) (b).
Insert instead “Crown
Land Management Act 2016”.
4.33Forestry Act 2012 No
96
[1]Section 3
Definitions
Omit the definitions of Crown
land and Crown
Lands Acts from section 3 (1).
Insert instead:
Crown
land and Crown
Land Acts have the same meanings as in the Crown Land Management Act
2016.
[2]Section 15 Revocation of
dedication of land as State forest
Omit “Crown Lands Act
1989 or the Western Lands Act
1901 (as the case requires)” from section 15
(2).
Insert instead “Crown
Land Management Act 2016”.
[3]Section 16 Flora
reserves
Omit “Crown Lands Act
1989” from section 16 (1) (a).
Insert instead “Crown
Land Management Act 2016”.
[4]Section 36 Effect of
dedication etc on existing leases and licences
Omit “under the Western Lands Act 1901” from
section 36 (2).
Insert instead “over land in the Western
Division (within the meaning of Schedule 3 to the Crown
Land Management Act 2016)”.
[5]Section 36
(3)
Omit “Crown Lands Act
1989”. Insert instead “Crown
Land Management Act 2016”.
[6]Section 37 Declaration of
access roads
Omit “Crown Lands Acts” from section
37 (1).
Insert instead “Crown
Land Management Act 2016 or other Crown Land
Acts”.
[7]Section 38 Unlawful taking of
timber etc
Omit section 38 (3) (a) (vi) and (vii). Insert
instead:
(vi)
Division 3 of Part 2 of Schedule 1 to the Crown Land Management Act
2016,
(vii)
a condition of a Western lands lease (within the
meaning of Schedule 3 to the Crown Land
Management Act 2016) to the effect that a lessee may take
from land under the lease such timber and other material for building and
other purposes on the land or on any contiguous land held in the same interest
as may reasonably be required by the lessee, or
[8]Section 44 Restrictions on
issuing licences
Omit “lease under the Western Lands Act 1901” from
section 44 (2) (c).
Insert instead “Western lands lease within
the meaning of Schedule 3 to the Crown Land
Management Act 2016”.
[9]Section 44 (3)
(a)
Omit “Crown Lands Acts”. Insert
instead “Crown Land Acts”.
[10]Section 48
Definitions
Omit “Division 3A of Part 4 of the Crown Lands Act 1989 or Part 9E of the
Western Lands Act 1901” from
paragraph (a) of the definition of landholder.
Insert instead “the Crown
Land Management Act 2016”.
[11]Section 61 Ancillary
provisions relating to forest permits
Omit “Crown Lands Acts” from section
61 (4).
Insert instead “Crown
Land Management Act 2016”.
[12]Section 61
(6)
Omit “Crown Lands Acts or the Western Lands Act
1901”.
Insert instead “Crown
Land Management Act 2016 or other Crown Land
Acts”.
[13]Section 69K Forestry
operations to which Part applies
Omit “Crown Lands Act
1989” from paragraph (d) of the definition of
national
park estate in section 69K (4).
Insert instead “Crown
Land Management Act 2016”.
[14]Schedule 1 Special provisions
relating to purchase-tenure land
Omit “or the Western Lands Act 1901” from
paragraph (a) of the definition of owner in clause 2.
Insert instead “, the Western Lands Act 1901 or the Crown Land Management Act
2016”.
[15]Schedule 1, clause
2
Omit the definition of prescribed lease from the Crown.
Insert instead:
prescribed lease from the Crown
means a Western lands lease within the meaning of Schedule 3 to the Crown Land Management Act
2016.
[16]Schedule 1, clause
2
Omit the definition of prescribed officer. Insert
instead:
prescribed officer, in respect of
any provision of this Schedule relating to prescribed leases from the Crown
granted or confirmed under the Crown Land Acts, means the Secretary of the
Department of Industry or any employee of that Department authorised by the
Secretary to act for the purposes of that provision.
[17]Schedule 1, clause
2
Omit the definition of purchase-tenure land. Insert
instead:
purchase-tenure land means land held
under a prescribed lease from the Crown that has been contracted to be sold
under the Crown Land Management Act
2016.
[18]Schedule 3 Savings,
transitional and other provisions
Omit “Crown Lands Act
1989 or the Western Lands Act
1901 (as the case requires)” from clause 8
(2).
Insert instead “Crown
Land Management Act 2016”.
4.34Forestry Regulation
2012
[1]Clause 3
Definitions
Omit “Crown Lands Act
1989” from the definition of Western
Division in clause 3 (1).
Insert instead “Crown
Land Management Act 2016”.
[2]Clause 24 Application for
licence
Omit “office of the Western Lands
Commissioner” from clause 24 (3) (a).
Insert instead “Department of
Industry”.
[3]Clause 38 Licence holder may
conduct further clearing operations
Omit “Crown Lands Act
1989” from the definition of Eastern
and Central Division in clause 38 (3).
Insert instead “Crown
Land Management Act 2016”.
4.35Forestry Revocation and National Park Reservation Act
1996 No 131
[1]Section 9 Special provision as
to access roads
Omit “Crown Lands Act
1989” from paragraph (b) of the definition of
private
land holding in section 9 (1).
Insert instead “Crown
Land Management Act 2016”.
[2]Section 11 Exclusion of
freehold and certain leasehold interests
Omit section 11 (b).
Insert instead:
(b)
under a continued perpetual lease, a continued
special lease or a continued term lease within the meaning of Schedule 1 to
the Crown Land Management Act
2016,
[3]Schedule 4 Ancillary
provisions
Omit “Crown Lands Act
1989” from clause 8 (3) (b).
Insert instead “Crown
Land Management Act 2016”.
4.36Forestry Revocation and National Parks Reservation Act
1983 No 37
Schedule 4 Ancillary
provisions
Omit “Crown Lands Consolidation Act
1913” from clause 5 (3) (b).
Insert instead “Crown
Land Management Act 2016”.
4.37Forestry Revocation and National Parks Reservation Act
1984 No 85
Schedule 5 Ancillary
provisions
Omit “Crown Lands Consolidation Act
1913” from clause 6 (3) (b).
Insert instead “Crown
Land Management Act 2016”.
4.38Funeral Funds Act 1979 No
106
[1]Section 34 Trustee under
pre-arranged contract to be registered under this Act
Omit “Crown cemetery trust” from
section 34 (2) (b).
Insert instead “Crown cemetery
operator”.
[2]Section 40 Payment of money
and giving of consideration under pre-paid contract to pre-paid funeral
fund
Omit “Crown cemetery trust” from
section 40 (4).
Insert instead “Crown cemetery
operator”.
4.39Geographical Names Act 1966 No
13
Section 2
Definitions
Omit “Crown Lands Act
1989” wherever occurring in paragraphs (a) and (b)
of the definition of Lands
Department map.
Insert instead “Crown
Land Management Act 2016”.
4.40Glen
Davis Act 1939 No 38
[1]Section 9 Surrender of land to
the Crown
Omit “Crown Lands Consolidation Act
1913”.
Insert instead “Crown
Land Management Act 2016”.
[2]Section 21 Effect of
cancellation of contract and forfeiture of land
Omit “Crown Lands Consolidation Act
1913” from section 21 (2).
Insert instead “Crown
Land Management Act 2016”.
[3]Section 26A Definitions: Part
5A
Omit the definition of Crown lands. Insert instead:
Crown
land has the same meaning as in the Crown
Land Management Act 2016.
[4]Section 26D Search and
notification
Omit “Crown lands” from section 26D
(b) (ii). Insert instead “Crown land”.
[5]Section 26F Minister may
declare lands to be Crown land
Omit “Crown lands”. Insert instead
“Crown land”.
[6]Section 26G Minister may
declare lands to be Crown land where rates are overdue
Omit “Crown lands”. Insert instead
“Crown land”.
[7]Section 26I Search and
notification
Omit “Crown lands” from section 26I
(b) (i). Insert instead “Crown land”.
4.41Growth
Centres (Development Corporations) Act 1974 No
49
Section 12 Dedication of
land
Omit “Crown Lands Act
1989” from section 12 (2) (a).
Insert instead “Crown
Land Management Act 2016”.
4.42Heritage Act 1977 No
136
Section 59 Making of
application
Omit “Crown Lands Act
1989” from section 59 (c).
Insert instead “Crown
Land Management Act 2016”.
4.43Housing Act 2001 No
52
[1]Section 33 Withdrawal of land
from Corporation
Omit “Crown land reserved under the Crown Lands Act 1989” from section
33 (2).
Insert “reserved Crown land within the
meaning of the Crown Land Management Act
2016”.
[2]Section 34 Dedication of land
by Corporation for public purposes
Omit “Crown Lands Act
1989” from section 34 (1).
Insert instead “Crown
Land Management Act 2016”.
[3]Section 34
(2)
Omit “Crown Lands Act
1989”.
Insert instead “Crown
Land Management Act 2016”.
[4]Section 38
Definition
Omit “Crown Lands Act
1989”. Insert instead “Crown
Land Management Act 2016”.
4.44Land
Acquisition (Just Terms Compensation) Act 1991 No
22
[1]Section 4
Definitions
Omit the definition of Crown
land from section 4 (1). Insert instead:
Crown
land means:
(a)
Crown land within the meaning of the Crown Land Management Act 2016,
or
(b)
any other land of the Crown or of an authority of
the State.
[2]Section 4 (4)
(b)
Omit “Crown Lands Act
1989”. Insert instead “Crown
Land Management Act 2016”.
4.45Land
Development Contribution Management Act 1970 No
22
[1]Section 3
Definitions
Omit the definition of Crown lands from section 3 (1).
Insert instead:
Crown
land has the same meaning as in the Crown
Land Management Act 2016.
[2]Section 7 Time when declared
land becomes liable for contribution
Omit “Crown lands” wherever
occurring. Insert instead “Crown land”.
4.46Land
and Environment Court Act 1979 No
204
[1]Section 17 Class
1—environmental planning and protection appeals
Insert after section 17 (k):
(l)
appeals under section 9.21 of the Crown Land Management Act
2016.
[2]Section 19 Class 3—land
tenure, valuation, rating and compensation matters
Omit “Crown Lands Act
1989, the Western Lands Act
1901” from section 19 (a).
Insert instead “Crown
Land Management Act 2016”.
[3]Section 20 Class
4—environmental planning and protection, development contract and strata
renewal plan civil enforcement
Insert before section 20 (1) (df1):
(df)
proceedings under section 10.32, 11.13 or 11.19
of the Crown Land Management Act
2016,
[4]Section 21 Class
5—environmental planning and protection summary
enforcement
Insert after section 21 (b):
(ba)
proceedings under section 11.1 of the Crown Land Management Act
2016,
4.47Land
Tax Management Act 1956 No 26
Section 21 Conditional
purchases etc
Omit “Crown Lands Consolidation Act
1913, as amended by subsequent
Acts,”.
Insert instead “Crown
Land Management Act 2016”.
4.48Law
Enforcement (Powers and Responsibilities) Act 2002 No
103
Schedule 2 Search warrants
under other Acts
Insert in alphabetical order:
Crown Land
Management Act 2016, section
10.18
4.49Limitation Act 1969 No
31
Section 8 Saving of specified
enactments
Omit “section 235B of the Crown Lands
Consolidation Act 1913” from section 8 (1)
(b).
Insert instead “section 13.1 of the Crown Land Management Act
2016”.
4.50Liquor Regulation
2008
Clause 8 Other persons to be
notified of application
Omit “Crown Lands Act
1989” from clause 8 (1) (d).
Insert instead “Crown
Land Management Act 2016”.
4.51Local Government (Manufactured Home Estates, Caravan Parks,
Camping Grounds and Moveable Dwellings) Regulation
2005
Clause 78 Unconditional
exemptions
Omit “Crown Lands Act
1989” from the note.
Insert instead “Crown
Land Management Act 2016”.
4.52Local
Land Services Act 2013 No 51
[1]Section 61
Definitions
Omit “Crown Lands Act
1989” from paragraph (a) of the definition of
travelling stock
reserve.
Insert instead “Crown
Land Management Act 2016”.
[2]Section 62 Vesting care,
control and management of certain travelling stock reserves in Local Land
Services
Omit “Crown Lands Act
1989” from section 62 (1).
Insert instead “Crown
Land Management Act 2016”.
[3]Section 62 (2),
note
Omit the note.
[4]Section 62
(3)
Omit “Crown Lands Acts”. Insert
instead “Crown Land Acts”.
[5]Section 63 Withdrawal of care,
control and management from authority
Omit “Crown Lands Act
1989” from section 63 (1).
Insert instead “Crown
Land Management Act 2016”.
[6]Section 64 Withdrawal of land
required for public purpose from travelling stock
reserve
Omit “Crown Lands Act
1989” from section 64 (1).
Insert instead “Crown
Land Management Act 2016”.
[7]Section 64
(1)
Omit “Crown Lands Acts”. Insert
instead “Crown Land Acts”.
[8]Section 65 Compensation for
improvements made before withdrawal
Omit “Crown Lands Act
1989” wherever occurring in section 65 (1) and
(3).
Insert instead “Crown
Land Management Act 2016”.
[9]Section 78 Stock permits
authorising certain uses of travelling stock reserves and public
roads
Omit “Crown Lands Act
1989” from section 78 (3) (b).
Insert instead “Crown
Land Management Act 2016”.
[10]Section 106 Declaration of
stock watering places
Omit “Crown Lands Act
1989” wherever occurring.
Insert instead “Crown
Land Management Act 2016”.
[11]Section 106
(a)
Omit “section 135”. Insert instead
“section 4.2”.
[12]Section 110 Compensation for
improvements on former stock watering place
Omit “Crown Lands Act
1989” wherever occurring in section 110 (1) and
(3).
Insert instead “Crown
Land Management Act 2016”.
[13]Section 110
(1)
Omit “section 135”. Insert instead
“section 4.2”.
[14]Schedule 5 Sale of land for
unpaid money owing to Local Land Services
Omit “Crown Lands Act
1989, the Crown Lands
(Continued Tenures) Act 1989 and the Western Lands Act 1901” from
clause 14 (2) (c).
Insert instead “Crown
Land Management Act 2016”.
[15]Dictionary
Omit “Crown Lands Act
1989” from the definition of Crown land.
Insert instead “Crown
Land Management Act 2016”.
[16]Dictionary, definition of
“Crown Lands Acts”
Omit the definition. Insert instead:
Crown
Land Acts has the same meaning as in the Crown Land Management Act
2016.
[17]Dictionary, definition of
“Eastern and Central Division”
Omit “section 4 of the Crown
Lands Act 1989”.
Insert instead “section 1.6 of the Crown Land Management Act
2016”.
[18]Dictionary, definition of
“Western Division”
Omit “section 4 of the Crown
Lands Act 1989”.
Insert instead “section 1.6 of the Crown Land Management Act
2016”.
4.53Local Land Services Regulation
2014
Clause 59 Unauthorised use of
public roads
Omit “Crown Lands Act
1989” from clause 59 (f).
Insert instead “Crown
Land Management Act 2016”.
4.54Lord
Howe Island Act 1953 No 39
Section 38
Regulations
Omit “Crown Lands Consolidation Act
1913 as amended by subsequent Acts” from section 38
(2) (d).
Insert instead “Crown
Land Management Act 2016”.
4.55Lord Howe Island Regulation
2014
Clause 47
Fees
Omit “Section 184 (1) (c) of the Crown Lands Act
1989”.
Insert instead “Section 13.5 (2) (b) of the
Crown Land Management Act
2016”.
4.56Marine
Estate Management Act 2014 No 72
[1]Section 4
Definitions
Omit “Crown Lands Act
1989” from the definition of Crown
land in section 4 (1).
Insert instead “Crown
Land Management Act 2016”.
[2]Section 23 Declaration of
marine parks
Omit “Crown Lands Act
1989” from section 23 (4) (a).
Insert instead “Crown
Land Management Act 2016”.
[3]Section 30 Dealings in
relation to certain land leases within marine park
Omit “Crown Lands Act
1989” wherever occurring.
Insert instead “Crown
Land Management Act 2016”.
[4]Section 35 Consent required
for declarations
Omit “Crown Lands Act
1989” from section 35 (3) (a).
Insert instead “Crown
Land Management Act 2016”.
[5]Section 46 Relationship of
management rules with plans of management
Omit “Crown Lands Act
1989”. Insert instead “Crown
Land Management Act 2016”.
4.57Mining Regulation
2016
[1]Clause 70 Protected documents
not admissible in certain proceedings or otherwise
protected
Omit clause 70 (2) (l).
[2]Schedule 5 Other relevant
legislation
Insert “Crown Land
Management Act 2016” in alphabetical order under the
heading “New South Wales
legislation”.
[3]Schedule 5, New South Wales
legislation
Omit “Western Lands Act
1901”.
4.58Motor
Sports (World Rally Championship) Act 2009 No
55
Section
16
Omit the section. Insert instead:
16Application of Crown Land Management Act
2016
(1)
Nothing in the Crown Land
Management Act 2016 or an instrument made under that Act,
including any by-law or plan of management for Crown managed land, prevents or
restricts the use of the land for anything that is authorised, permitted or
required by or under this Act.
(2)
In this section, Crown
managed land has the same meaning as in the Crown Land Management Act
2016.
4.59National Park Estate (Lower Hunter Region Reservations) Act
2006 No 90
[1]Section 3
Definitions
Omit “Crown Lands Act
1989” from the definition of Crown
land in section 3 (1).
Insert instead “Crown
Land Management Act 2016”.
[2]Section 8 Vesting in NPW
Minister of certain Crown land or former State forests
Omit “perpetual lease, special lease or
term lease within the meaning of the Crown Lands
(Continued Tenures) Act 1989 (or from rights or interests
arising under an incomplete purchase within the meaning of that Act)”
from section 8 (2).
Insert instead “continued perpetual lease,
continued special lease or continued term lease within the meaning of Schedule
1 to the Crown Land Management Act
2016 (or from rights or interests arising under an
incomplete purchase within the meaning of that Act of land that was formerly
under a lease of that kind)”.
[3]Schedule 7 Land
transfers—ancillary and special provisions
Omit “perpetual lease, a special lease or a
term lease within the meaning of the Crown Lands
(Continued Tenures) Act 1989” from clause 1 (1)
(b).
Insert instead “continued perpetual lease,
a continued special lease or a continued term lease within the meaning of
Schedule 1 to the Crown Land Management Act
2016”.
[4]Schedule 7, clause 1 (1)
(c)
Omit “incomplete purchase within the
meaning of the Crown Lands (Continued Tenures) Act
1989”.
Insert instead “incomplete purchase within
the meaning of the Crown Land Management Act
2016 if the land was formerly under a lease of the kind
referred to in paragraph (b)”.
[5]Schedule 7, clause 5 (1),
definition of “private land holding”
Omit “Crown Lands Act
1989” from paragraph (b).
Insert instead “Crown
Land Management Act 2016”.
[6]Schedule 7, clause 9
(2)
Omit “Crown Lands
(Continued Tenures) Act 1989”.
Insert instead “Crown
Land Management Act 2016”.
[7]Schedule 7, clause 9
(3)
Omit “perpetual lease, special lease or
term lease within the meaning of the Crown Lands
(Continued Tenures) Act 1989 (or rights or interests
arising under an incomplete purchase within the meaning of that
Act)”.
Insert instead “continued perpetual lease,
continued special lease or continued term lease within the meaning of Schedule
1 to the Crown Land Management Act
2016 (or rights or interests arising under an incomplete
purchase within the meaning of that Act of land that was formerly under a
lease of that kind)”.
4.60National Park Estate (Reservations) Act 2003 No
24
[1]Section 7 Vesting in NPW
Minister of certain former State forests
Omit “perpetual lease, special lease or
term lease within the meaning of the Crown Lands
(Continued Tenures) Act 1989 (or from rights or interests
arising under an incomplete purchase within the meaning of that Act)”
from section 7 (2).
Insert instead “continued perpetual lease,
continued special lease or continued term lease within the meaning of Schedule
1 to the Crown Land Management Act
2016 (or from rights or interests arising under an
incomplete purchase within the meaning of that Act of land that was formerly
under a lease of that kind)”.
[2]Schedule 5 Land
transfers—ancillary and special provisions
Omit “perpetual lease, a special lease or a
term lease within the meaning of the Crown Lands
(Continued Tenures) Act 1989” from clause 1 (1)
(b).
Insert instead “continued perpetual lease,
a continued special lease or a continued term lease within the meaning of
Schedule 1 to the Crown Land Management Act
2016”.
[3]Schedule 5, clause 1 (1)
(c)
Omit “incomplete purchase within the
meaning of the Crown Lands (Continued Tenures) Act
1989”.
Insert instead “incomplete purchase within
the meaning of the Crown Land Management Act
2016 if the land was formerly under a lease of the kind
referred to in paragraph (b)”.
[4]Schedule 5, clause 5
(2)
Omit “Crown Lands
(Continued Tenures) Act 1989”.
Insert instead “Crown
Land Management Act 2016”.
[5]Schedule 5, clause 5
(3)
Omit “perpetual lease, special lease or
term lease within the meaning of the Crown Lands
(Continued Tenures) Act 1989 (or rights or interests
arising under an incomplete purchase within the meaning of that
Act)”.
Insert instead “continued perpetual lease,
continued special lease or continued term lease within the meaning of Schedule
1 to the Crown Land Management Act
2016 (or rights or interests arising under an incomplete
purchase within the meaning of that Act of land that was formerly under a
lease of that kind)”.
[6]Schedule 7, clause 6 (1),
definition of “private land holding”
Omit “Crown Lands Act
1989” from paragraph (b).
Insert instead “Crown
Land Management Act 2016”.
4.61National Park Estate (Reservations) Act 2005 No
84
[1]Section 3
Definitions
Omit “Crown Lands Act
1989” from the definition of Crown
land in section 3 (1).
Insert instead “Crown
Land Management Act 2016”.
[2]Section 7 Vesting in NPW
Minister of certain former State forests
Omit “perpetual lease within the meaning of
the Crown Lands (Continued Tenures) Act
1989” from section 7 (2).
Insert instead “continued perpetual lease
within the meaning of Schedule 1 to the Crown Land
Management Act 2016”.
[3]Section
8
Omit the section. Insert instead:
8Former State forests to be
subject to Crown Land Management Act
2016
Any land described in Schedule 4 that was Crown
land immediately before the repeal of the Crown Lands Act
1989 continues to be Crown land that is subject to the
Crown Land Management Act
2016.
[4]Section 10 Adjustment of
description of land transferred to national park estate
Omit “Crown Lands Act
1989” from section 10 (4) (c).
Insert instead “Crown
Land Management Act 2016”.
[5]Schedule 4,
heading
Omit the heading. Insert instead:
Schedule 4State forests subject to
Crown Land Management Act
2016
[6]Schedule 6 Land
transfers—ancillary and special provisions
Omit “perpetual lease, a special lease or a
term lease within the meaning of the Crown Lands
(Continued Tenures) Act 1989” from clause 1 (1)
(b).
Insert instead “continued perpetual lease,
a continued special lease or a continued term lease within the meaning of
Schedule 1 to the Crown Land Management Act
2016”.
[7]Schedule 6, clause 1 (1)
(c)
Omit “incomplete purchase within the
meaning of the Crown Lands (Continued Tenures) Act
1989”.
Insert instead “incomplete purchase within
the meaning of the Crown Land Management Act
2016 if the land was formerly under a lease of the kind
referred to in paragraph (b)”.
[8]Schedule 6, clause 1
(2)
Omit “Crown Lands Act
1989”. Insert instead “Crown
Land Management Act 2016”.
[9]Schedule 6, clause 5 (1),
definition of “private land holding”
Omit “Crown Lands Act
1989” from paragraph (b).
Insert instead “Crown
Land Management Act 2016”.
[10]Schedule 6, clause 8
(1)
Omit “perpetual leases (within the meaning
of the Crown Lands (Continued Tenures) Act
1989)”.
Insert instead “continued perpetual leases
(within the meaning of Schedule 1 to the Crown Land
Management Act 2016)”.
[11]Schedule 6, clause 8
(2)
Omit “Crown Lands
(Continued Tenures) Act 1989”.
Insert instead “Crown
Land Management Act 2016”.
[12]Schedule 6, clause
9
Omit “Crown Lands Act
1989” wherever occurring.
Insert instead “Crown
Land Management Act 2016”.
[13]Schedule 6, clause 10 (1) and
(3)
Omit “Crown Lands Act
1989” wherever occurring.
Insert instead “Crown
Land Management Act 2016”.
4.62National Park Estate (Riverina Red Gum Reservations) Act
2010 No 22
[1]Section 3
Definitions
Omit “Crown Lands Act
1989” from the definition of Crown
land in section 3 (1).
Insert instead “Crown
Land Management Act 2016”.
[2]Section 7 Vesting in NPW
Minister of former State forests land on 1 July 2010
Omit “perpetual lease, special lease or
term lease within the meaning of the Crown Lands
(Continued Tenures) Act 1989(or from rights or interests
arising under an incomplete purchase within the meaning of that Act)”
from section 7 (2) (a).
Insert instead “continued perpetual lease,
continued special lease or continued term lease within the meaning of Schedule
1 to the Crown Land Management Act
2016 (or from rights or interests arising under an
incomplete purchase within the meaning of that Act of land that was formerly
under a lease of that kind)”.
[3]Section 7 (2)
(b)
Omit “lease under the Western Lands Act
1901”.
Insert instead “Western lands lease within
the meaning of Schedule 3 to the Crown Land
Management Act 2016”.
[4]Section
9
Omit the section. Insert instead:
9Former State forests to be
subject to Crown Land Management Act
2016
Any land described in Schedule 5 that was Crown
land immediately before the repeal of the Crown Lands Act
1989 continues to be Crown land that is subject to the
Crown Land Management Act
2016.
[5]Section 10 Vesting in NPW
Minister of former State forests on 1 July 2010 for transfer to Aboriginal
ownership
Omit “perpetual lease, special lease or
term lease within the meaning of the Crown Lands
(Continued Tenures) Act 1989 (or from rights or interests
arising under an incomplete purchase within the meaning of that Act)”
from section 10 (3) (a).
Insert instead “continued perpetual lease,
continued special lease or continued term lease within the meaning of Schedule
1 to the Crown Land Management Act
2016 (or from rights or interests arising under an
incomplete purchase within the meaning of that Act of land that was formerly
under a lease of that kind)”.
[6]Section 10 (3)
(b)
Omit “lease under the Western Lands Act
1901”.
Insert instead “Western lands lease within
the meaning of Schedule 3 to the Crown Land
Management Act 2016”.
[7]Section 13 Adjustment of
description of land transferred to national park estate
Omit “Crown Lands Act
1989” from section 13 (4) (b).
Insert instead “Crown
Land Management Act 2016”.
[8]Schedule
5
Omit the heading. Insert instead:
Schedule 5State forests that became
Crown land on 1 July 2010
[9]Schedule 9 Land
transfers—ancillary and special provisions
Omit “perpetual lease, a special lease or a
term lease within the meaning of the Crown Lands
(Continued Tenures) Act 1989” from clause 1 (1)
(b).
Insert instead “continued perpetual lease,
a continued special lease or a continued term lease within the meaning of
Schedule 1 to the Crown Land Management Act
2016”.
[10]Schedule 9, clause 1 (1)
(c)
Omit “lease under the Western Lands Act
1901”.
Insert instead “Western lands lease within
the meaning of Schedule 3 to the Crown Land
Management Act 2016”.
[11]Schedule 9, clause 1 (1)
(d)
Omit “incomplete purchase within the
meaning of the Crown Lands (Continued Tenures) Act
1989”.
Insert instead “incomplete purchase within
the meaning of the Crown Land Management Act
2016 if the land was formerly under a lease of the kind
referred to in paragraph (b) or (c)”.
[12]Schedule 9, clause 5 (1),
definition of “private land holding”
Omit “Crown Lands Act
1989” from paragraph (b).
Insert instead “Crown
Land Management Act 2016”.
[13]Schedule 9, clause 8
(2)
Omit “Crown Lands
(Continued Tenures) Act 1989 or the Western Lands Act
1901”.
Insert instead “Crown
Land Management Act 2016”.
[14]Schedule 9, clause 8
(3)
Omit “perpetual lease, special lease or
term lease within the meaning of the Crown Land (Continued Tenures) Act
1989 (or rights or interests arising under an incomplete
purchase within the meaning of that Act) or a lease under the Western Lands Act
1901”.
Insert instead “continued perpetual lease,
continued special lease or continued term lease within the meaning of Schedule
1 to the Crown Land Management Act
2016 (or rights or interests arising under an incomplete
purchase within the meaning of that Act of land that was formerly under a
lease of that kind) or a Western lands lease within the meaning of Schedule 3
to the Crown Land Management Act
2016”.
4.63National Park Estate (South-Western Cypress Reservations)
Act 2010 No 112
[1]Section 3
Definitions
Omit “Crown Lands Act
1989” from the definition of Crown
land.
Insert instead “Crown
Land Management Act 2016”.
[2]Section
7
Omit the section. Insert instead:
7Former State forests subject
to Crown Land Management Act
2016
Any land described in Schedule 3 that was Crown
land immediately before the repeal of the Crown Lands Act
1989 continues to be Crown land that is subject to the
Crown Land Management Act
2016.
[3]Section 10 Vesting in NPW
Minister of former State forests on 1 January 2011
Omit “perpetual lease, special lease or
term lease within the meaning of the Crown Lands
(Continued Tenures) Act 1989 (or from rights or interests
arising under an incomplete purchase within the meaning of that Act)”
from section 10 (2) (a).
Insert instead “continued perpetual lease,
continued special lease or continued term lease within the meaning of Schedule
1 to the Crown Land Management Act
2016 (or from rights or interests arising under an
incomplete purchase within the meaning of that Act of land that was formerly
under a lease of that kind)”.
[4]Section 10 (2)
(b)
Omit “lease under the Western Lands Act
1901”.
Insert instead “Western lands lease within
the meaning of Schedule 3 to the Crown Land
Management Act 2016”.
[5]Section 11 Revocation in
Murramarang National Park relating to Merry Beach Caravan
Park
Omit “Crown Lands Act
1989” from section 11 (2).
Insert instead “Crown
Land Management Act 2016”.
[6]Section 15 Adjustment of
description of land transferred to national park estate
Omit “Crown Lands Act
1989” from section 15 (4) (c).
Insert instead “Crown
Land Management Act 2016”.
[7]Schedule
3
Omit the heading. Insert instead:
Schedule 3State forests that became
Crown land on 1 January 2011
[8]Schedule 8 Land
transfers—ancillary and special provisions
Omit “perpetual lease, a special lease or a
term lease within the meaning of the Crown Lands
(Continued Tenures) Act 1989” from clause 1 (1)
(b).
Insert instead “continued perpetual lease,
a continued special lease or a continued term lease within the meaning of
Schedule 1 to the Crown Land Management Act
2016”.
[9]Schedule 8, clause 1 (1)
(c)
Omit “lease under the Western Lands Act
1901”.
Insert instead “Western lands lease within
the meaning of Schedule 3 to the Crown Land
Management Act 2016”.
[10]Schedule 8, clause 1 (1)
(d)
Omit “incomplete purchase within the
meaning of the Crown Lands (Continued Tenures) Act
1989”.
Insert instead “incomplete purchase within
the meaning of the Crown Land Management Act
2016 if the land was formerly under a lease of the kind
referred to in paragraph (b) or (c)”.
[11]Schedule 8, clause 5 (1),
definition of “private land holding”
Omit “Crown Lands Act
1989” from paragraph (b).
Insert instead “Crown
Land Management Act 2016”.
[12]Schedule 8, clause 8
(2)
Omit “Crown Lands
(Continued Tenures) Act 1989 or the Western Lands Act
1901”.
Insert instead “Crown
Land Management Act 2016”.
[13]Schedule 8, clause 8
(3)
Omit “perpetual lease, special lease or
term lease within the meaning of the Crown Lands
(Continued Tenures) Act 1989 (or rights or interests
arising under an incomplete purchase within the meaning of that Act) or a
lease under the Western Lands Act
1901”.
Insert instead “continued perpetual lease,
continued special lease or continued term lease within the meaning of Schedule
1 to the Crown Land Management Act
2016 (or rights or interests arising under an incomplete
purchase within the meaning of that Act of land that was formerly under a
lease of that kind) or a Western lands lease within the meaning of Schedule 3
to the Crown Land Management Act
2016”.
[14]Schedule 8, clause
9
Omit “Part 5 of the Crown
Lands Act 1989”.
Insert instead “the Crown
Land Management Act 2016”.
4.64Native
Title (New South Wales) Act 1994 No
45
Section 104A Saving of native
title rights and interests with respect to national parks and other
reservations, dedications or declarations
Insert “the Crown Land
Management Act 2016,” after “the Crown Lands Act 1989,” in section
104A (3).
4.65Native Vegetation Regulation
2013
Clause 3
Definitions
Omit “Crown Lands Act
1989” from the definition of Western
Division in clause 3 (1).
Insert instead “Crown
Land Management Act 2016”.
4.66Non-Indigenous Animals Regulation
2012
Clause 40 Keeping of certain
camels without the authority of a licence
Omit “established under the Crown Lands Act 1989” from clause
40 (b).
Insert instead “within the meaning of the
Crown Land Management Act
2016”.
4.67Noxious Weeds Act 1993 No
11
[1]Section 35 What are the local
control authorities?
Omit section 35 (2). Insert instead:
(2)
The local control authority for land within the
Western Division that is not within a local government area is the person
appointed under this section for that purpose.
[2]Section 35
(4)–(6)
Insert after section 35 (3):
(4)
The Minister may appoint a person to be the local
control authority for the purposes of subsection (2) for land within the
Western Division that is not within a local government
area.
(5)
The Minister may revoke an appointment under
subsection (4) at any time or for any reason.
(6)
A person appointed under subsection (2) (except a
person who is an employee of a government sector agency within the meaning of
the Government Sector Employment Act 2013)
is entitled to be paid the remuneration (including travelling and subsistence
allowances) that the Minister may from time to time determine in respect of
the person.
[3]Dictionary
Insert “(as in force immediately before its
repeal)” after “Hay Irrigation
Act 1902” and “Wentworth
Irrigation Act 1890” in paragraph (a) of the
definition of irrigation
area.
[4]Dictionary, definition of
“Western Division”
Omit the definition. Insert instead:
Western
Division means that part of the State that is the Western
Division within the meaning of the Crown Land
Management Act 2016.
4.68Parramatta Park Trust Act 2001 No
17
Section 8 Vesting of principal
trust lands at Parramatta in the Trust
Omit “Crown Lands Act
1989” from section 8 (3) (a).
Insert instead “Crown
Land Management Act 2016”.
4.69Passenger Transport Regulation
2007
Clause 3
Definitions
Omit “Crown Lands Act
1989” from the definition of Western
Division in clause 3 (1).
Insert instead “Crown
Land Management Act 2016”.
4.70Petroleum (Onshore) Act 1991 No
84
[1]Section 3
Definitions
Omit paragraphs (c) and (d) of the definition of
landholder in section 3
(1).
Insert instead:
(c)
the holder of a lease or licence under the
Crown Land Management Act 2016 over the
land, or
(d)
the holder of a continued incomplete tenure
purchase under Schedule 1 to the Crown Land
Management Act 2016 in the land,
or
[2]Section 3 (1), definition of
“landholder”
Omit paragraph (f).
[3]Section 3 (1), definition of
“landholder”
Omit “Crown Lands Act
1989” from paragraph (g) (iii).
Insert instead “Crown
Land Management Act 2016”.
[4]Section 106 Rights of way over
land
Insert “(as in force immediately before its
repeal)” after “Crown Lands Act
1989” in section 106 (4) (a).
[5]Section 106 (4)
(a1)
Omit “section 13 of the Crown Lands Act
1989”.
Insert instead “the Crown
Land Management Act 2016”.
4.71Petroleum (Onshore) Regulation
2016
Clause 18 Protected voluntary
audit documents not admissible in certain proceedings or otherwise protected:
section 83K
Omit clause 18 (2) (l).
4.72Pipelines Act 1967 No
90
Section 3
Definitions
Omit “and includes the Returned Soldiers
Settlement Act 1916, the Closer Settlement Acts and the
Western Lands Act 1901” from the
definition of Crown
Lands Acts in section 3 (1).
4.73Pipelines Regulation
2013
Clause 5 Applications for
authorities to survey
Omit “Crown Lands Act
1989” from clause 5 (1) (b) (ii).
Insert instead “Crown
Land Management Act 2016”.
4.74Place
Management NSW Act 1998 No 170
Section 21 Dedication of
land
Omit “Crown Lands Act
1989” from section 21 (2) (a).
Insert instead “Crown
Land Management Act 2016”.
4.75Plantations and Reafforestation Act 1999 No
97
[1]Section 12 Determination of
applications for authorisation
Omit section 12 (3) (b). Insert instead:
(b)
to the Minister administering the Crown Land Management Act 2016, in
respect of plantation operations to be carried out on a Crown road (within the
meaning of Division 5.8 of that Act) that is
unformed.
[2]Section 54 Plantation
operations on unformed Crown roads
Omit “road (within the meaning of Division
6 of Part 4 of the Crown Lands Act
1989)” from section 54 (1).
Insert instead “Crown road (within the
meaning of Division 5.8 of the Crown Land
Management Act 2016)”.
4.76Port
Kembla Inner Harbour Construction and Agreement Ratification Act
1955 No 43
[1]Section 12 Determination of
rental by Secretary
Omit “Director-General” and
“Director-General’s” wherever occurring (except in section
12 (4)).
Insert instead “Secretary” and
“Secretary’s”, respectively.
[2]Section 12
(4)
Omit the definition of Director-General. Insert
instead:
Secretary has the same meaning as in
the Crown Land Management Act
2016.
4.77Probate and Administration Act 1898 No
13
Section 75A
Delegation
Omit “Crown Lands Act
1989” from section 75A (2) (b).
Insert instead “Crown
Land Management Act 2016”.
4.78Property NSW Act 2006 No
40
[1]Section 14 Dedication of
land
Omit “Crown Lands Act
1989” from section 14 (2) (a).
Insert instead “Crown
Land Management Act 2016”.
[2]Section 19 Transfer of
additional property to Property NSW—amendment of Schedule
1
Omit “land reserved under Part 5 of the
Crown Lands Act 1989” from section
19 (3) (d).
Insert instead “Crown managed land within
the meaning of the Crown Land Management Act
2016”.
[3]Section
20A
Insert after section 20:
20ATransfers operate to revoke
existing reservations or dedications
(1)
This section applies to Crown land within the
meaning of the Crown Land Management Act
2016.
(2)
The vesting of Crown land under this Act revokes
any dedication or reservation of the land under the Crown
Land Management Act 2016.
(3)
This section extends to any Crown land vested
under this Act before the commencement of this section that was dedicated or
reserved under the Crown Lands Act
1989.
(4)
Accordingly, any dedication or reservation of
land to which subsection (2) refers is taken to have been revoked on the
vesting of the land.
4.79Protection of the Environment Operations Act
1997 No 156
Dictionary
Omit “Western Lands Commissioner”
from paragraph (c) of the definition of local authority.
Insert instead “Environment Protection
Authority”.
4.80Public
Health Act 2010 No 127
[1]Section 5
Definitions
Omit paragraph (b) of the definition of area in section 5 (1). Insert
instead:
(b)
in relation to a person appointed under section
5A, the part of the Western Division that is not within the area of a council,
or
[2]Section 5 (1), definition of
“local government authority”
Omit paragraph (b). Insert instead:
(b)
the person appointed under section 5A,
or
[3]Section 5
(1)
Insert in alphabetical order:
Western
Division means that part of the State that is the Western
Division within the meaning of the Crown Land
Management Act 2016.
[4]Section
5A
Insert after section 5:
5ALocal government authority for
Western Division
(1)
The Minister may appoint a person to be the local
government authority for the purposes of this Act for land within the Western
Division that is not within the area of a council.
(2)
The Minister may revoke an appointment under this
section at any time or for any reason.
(3)
A person appointed under this section (except a
person who is an employee of a government sector agency within the meaning of
the Government Sector Employment Act 2013)
is entitled to be paid the remuneration (including travelling and subsistence
allowances) that the Minister may from time to time determine in respect of
the person.
4.81Public
Works and Procurement Act 1912 No 45
[1]Section 141 Constructing
Authority entitled to minerals
Omit “Her Majesty” wherever occurring
in section 141 (2) (b) and (3).
Insert instead “the
Crown”.
[2]Section 141
(6)
Omit “vested in Her Majesty as Crown land
within the meaning of the Crown Lands Consolidation Act
1913, as amended by subsequent Acts, or land that is
reserved under section 25A of that Act, as so amended,” and “Her
Majesty and minerals”.
Insert instead “vested in the Crown as
Crown land within the meaning of the Crown Land
Management Act 2016 or land subject to a declaration under
section 25A of the Crown Lands Consolidation Act
1913,” and “the Crown and minerals”,
respectively.
4.82Real
Property Act 1900 No 25
[1]Section 13 Application of this
Part
Omit “Crown Lands Acts (as defined in the
Crown Lands Act 1989)” from
section 13 (2).
Insert instead “Crown Land Acts (as defined
in the Crown Land Management Act
2016)”.
[2]Section 13B Bringing of
perpetual leases of Crown land under Act
Omit section 13B (2) (b). Insert instead:
(b)
is not the subject of a Western lands lease
within the meaning of Schedule 3 to the Crown Land
Management Act 2016,
[3]Section 13F Treatment of
instruments not in approved form
Omit “the Western Lands Commissioner, the
Department of Industry and Investment” from section 13F (1)
(c).
Insert instead “the Department of
Industry”.
[4]Section 13H Land that becomes
Crown land
Omit “Crown Lands Act
1989” from section 13H (1).
Insert instead “Crown
Land Management Act 2016”.
[5]Section 13K Conversions,
purchases, extensions of term, subdivisions etc
Omit section 13K (2A). Insert instead:
(2A)
If, in connection with the sale of Crown land
under Part 5 of the Crown Land Management Act
2016 or the grant of a purchase application within the
meaning of Schedule 4 to that Act, the Minister administering that Act imposes
a restriction on use or public positive covenant under Division 5.10 of that
Act, the Registrar-General is to record the restriction on use or covenant in
the relevant folio of the Register.
[6]Section 13KA Treatment of
instruments affecting land dealt with under section 13K
Omit “the Western Lands Commissioner, the
Department of Industry and Investment” from section 13KA (1)
(c).
Insert instead “the Department of
Industry”.
[7]Section 13M Registration of
instruments executed before creation of folio
Omit “the Western Lands Commissioner”
from section 13M (2).
Insert instead “the Department of
Industry”.
[8]Section 36A Notification of
permits, licences and permissive occupancies affecting Crown
land
Omit the definitions of enclosure
permit, licence and permissive occupancy from section
36A (1).
Insert in alphabetical order:
continued
permissive occupancy means a continued permissive occupancy
within the meaning of Schedule 1 to the Crown Land
Management Act 2016.
enclosure
permit means an enclosure permit under the Crown Land Management Act 2016 to
enclose a road or watercourse or part of a road or watercourse.
licence means a licence under the
Crown Land Management Act 2016
authorising the use or occupation of Crown land.
[9]Section 36A
(2)
Omit “permissive occupancy” from
section 36A (2).
Insert instead “continued permissive
occupancy”.
[10]Section 43B Statutory
restrictions on alienation etc
Omit the definitions of land and statutory
restriction from section 43B (1).
Insert in alphabetical order:
land does not include Crown managed
land within the meaning of the Crown Land
Management Act 2016.
statutory
restriction means a limitation or restriction upon the
disposition or devolution of land imposed by or under the Crown Land Acts
(within the meaning of the Crown Land
Management Act 2016) or any other Act relating to the
alienation of land of the Crown.
[11]Section 45B
Definitions
Omit “section 170 of the Crown Lands Act 1989” from section
45B (2).
Insert instead “section 13.1 of the Crown Land Management Act
2016”.
[12]Section 105A Effect of
recording writ
Omit “Crown Lands Acts” from section
105A (1) (r).
Insert instead “Crown
Land Management Act 2016”.
[13]Schedule
2
Omit “Western Lands Act
1901”.
4.83Residential Tenancies Act 2010 No
42
Section 8 Agreements to which
Act does not apply
Omit “the Crown Lands Act
1989, the Western Lands Act
1901 or the Crown Lands
(Continued Tenures) Act 1989,” from section 8 (1)
(e).
Insert instead “the Crown
Land Management Act 2016,”.
4.84Restricted Premises Act 1943 No
6
[1]Section 17 Application to Land
and Environment Court for premises not to be used as
brothel
Omit section 17 (6) (b). Insert instead:
(b)
in relation to such part of the land in the
Western Division as is not in a local government area—as a reference to
a person appointed under subsection (6A), and
[2]Section 17
(6A)–(6C)
Insert after section 17 (6):
(6A)
The Minister may appoint a person to exercise the
functions of a local council for the purposes of this section for land within
the Western Division that is not within a local government
area.
(6B)
The Minister may revoke an appointment under
subsection (6A) at any time or for any reason.
(6C)
A person appointed under subsection (6A) (except
a person who is an employee of a government sector agency within the meaning
of the Government Sector Employment Act
2013) is entitled to be paid the remuneration (including
travelling and subsistence allowances) that the Minister may from time to time
determine in respect of the person.
[3]Section 17
(7)
Insert in alphabetical order:
Western
Division means that part of the State that is the Western
Division within the meaning of the Crown Land
Management Act 2016.
4.85Roman
Catholic Church Trust Property Act 1936 No
24
Section 14 Validation of
grants
Omit section 14 (2).
4.86Royal
Botanic Gardens and Domain Trust Act 1980 No
19
Section 19 Vesting of certain
land in Trust
Omit “Crown lands, within the meaning of
the Crown Lands Consolidation Act
1913,” from section 19 (1B) (a).
Insert instead “Crown land, within the
meaning of the Crown Land Management Act
2016,”.
4.87Rural
Assistance Act 1989 No 97
Section 3
Definitions
Omit paragraph (a) of the definition of Crown
Lands Acts in section 3 (1). Insert instead:
(a)
the Crown Land Acts within the meaning of the
Crown Land Management Act 2016,
or
4.88Rural
Fires Act 1997 No 65
[1]Section 6 Rural fire
districts
Omit the note to section 6 (1). Insert
instead:
Note—
The Dictionary defines area of a local authority. The area
of a council is land within the local government area of the council. The area
of the person appointed under section 7A is that part of the Western Division
that is not within the local government area of a council. The area of the
Lord Howe Island Board is Lord Howe Island.
[2]Section
7A
Insert after section 7:
7ALocal authority for Western
Division
(1)
The Minister may appoint a person to be the local
authority for the purposes of this Act for land within the Western Division
that is not within a local government area.
(2)
The Minister may revoke an appointment under this
section at any time or for any reason.
(3)
A person appointed under this section (except a
person who is an employee of a government sector agency within the meaning of
the Government Sector Employment Act 2013)
is entitled to be paid the remuneration (including travelling and subsistence
allowances) that the Minister may from time to time determine in respect of
the person.
[3]Dictionary
Omit “Crown Lands Act
1989” where firstly occurring in the definition of
Crown
land.
Insert instead “Crown
Land Management Act 2016”.
[4]Dictionary, definition of
“Crown land”
Omit the note.
[5]Dictionary, definition of
“local authority”
Omit paragraph (b). Insert instead:
(b)
in relation to land within the Western Division
(other than land referred to in paragraph (a))—the person appointed
under section 7A, or
[6]Dictionary, definition of
“Western Division”
Omit the definition. Insert instead:
Western
Division means that part of the State that is the Western
Division within the meaning of the Crown Land
Management Act 2016.
4.89Saint
Andrew’s College Act 1998 No
15
Section 9 Dealings with Crown
land
Omit “Crown Lands Act
1989”. Insert instead “Crown
Land Management Act 2016”.
4.90Soil
Conservation Act 1938 No 10
[1]Section 3
Definitions
Omit the definition of Crown
lands from section 3 (1). Insert instead:
Crown
land means Crown land within the meaning of the Crown Land Management Act
2016.
[2]Section 3 (1), definition of
“Owner”
Omit “Crown Lands Acts” wherever
occurring. Insert instead “Crown Land
Acts”.
[3]Section
15H
Omit the section. Insert instead:
15HWestern lands
leases
(1)
Nothing in this Part authorises the service of a
notice on the lessee or occupier of, or the holder or grantee of any timber
rights over, a Western lands lease (within the meaning of Schedule 3 to the
Crown Land Management Act
2016).
(2)
If the Commissioner is of the opinion that a
notice under section 15A would have been served in respect of an area of land
leased under a Western lands lease if the land were not so leased, the
Commissioner may notify the Minister administering the Crown
Land Management Act 2016 of the requirements that would
have been included in such a notice.
(3)
The Minister administering the Crown Land Management Act 2016 may,
under the authority of that Act, attach conditions to, or give directions
under a condition attaching to, a Western lands lease for the purpose of
achieving compliance with such of the requirements notified to the Minister
administering the Crown Land Management Act
2016 in respect of the land leased as have been agreed to
by the Minister administering the Crown Land
Management Act 2016.
[4]Section 17 Areas of erosion
hazard
Omit “Crown lands” from section 17
(8). Insert instead “Crown land”.
[5]Section
28
Omit the section. Insert instead:
28Alteration of covenants etc of
certain leases
(1)
This section applies to the following
leases:
(a)
a continued perpetual lease within the meaning of
Schedule 1 to the Crown Land Management Act
2016 that was formerly a homestead
selection,
(b)
any other lease under the Crown
Land Management Act 2016 (except a lease within an area
that was an irrigation area within the meaning of the Crown
Lands Act 1989 immediately before its
repeal).
(2)
If the Minister is satisfied that compliance with
any covenant, condition or provision of a lease to which this section applies
would tend to cause erosion of any land, the Minister may advise the Minister
for Lands and Forestry that this is the case.
(3)
If the Minister has advised under subsection (2),
the Minister may vary, modify, revoke or add to the covenants, conditions or
provisions by:
(a)
before a folio is created in the Register kept
under the Real Property Act
1900 in respect of the lease—giving a written
direction that the covenant, condition or provision of the lease ceases to
attach or apply to the lease on the creation of the folio,
or
(b)
after a folio in the Register is created in
respect of the lease—giving a written direction that the covenant,
condition or provision of the lease ceases to attach or apply to the lease
from the date of the direction.
(4)
The Registrar-General must give effect to the
direction.
4.91Surveying and Spatial Information Regulation
2012
[1]Clause 45 First survey of
boundary of land adjoining Crown reserve or Crown road
Omit “Crown Lands Act
1989” wherever occurring in clause 45 (3) and
(4).
Insert instead “Crown
Land Management Act 2016”.
[2]Clause 45
(6)
Omit the definition of Crown reserve. Insert
instead:
Crown
reserve means Crown managed land within the meaning of the
Crown Land Management Act
2016.
[3]Clause 46 First survey of
mean-high water mark boundary or bank
Omit “Crown Lands Act
1989” wherever occurring in clause 46 (2) and
(3).
Insert instead “Crown
Land Management Act 2016”.
[4]Clause 48 Changes in
boundaries formed by tidal waters
Omit “Crown Lands Act
1989” wherever occurring in clause 48 (4) (a) and
(5).
Insert instead “Crown
Land Management Act 2016”.
4.92Swimming Pools Act 1992 No
49
[1]Section 3
Definitions
Omit paragraph (b) of the definition of area in section 3 (1). Insert
instead:
(b)
an area within the Western Division that is not
within the area of a council within the meaning of the Local
Government Act 1993, or
[2]Section 3 (1), definition of
“local authority”
Omit paragraph (b). Insert instead:
(b)
in relation to premises that are situated within
an area within the Western Division that is not within the area of a council
within the meaning of the Local Government Act
1993—the person appointed under section 3A,
or
[3]Section 3
(1)
Insert in alphabetical order:
Western
Division means that part of the State that is the Western
Division within the meaning of the Crown Land
Management Act 2016.
[4]Section
3A
Insert after section 3:
3ALocal authority for Western
Division
(1)
The Minister may appoint a person to be the local
authority for the purposes of this Act for land within the Western Division
that is not the area of a council.
(2)
The Minister may revoke an appointment under this
section at any time or for any reason.
(3)
A person appointed under this section (except a
person who is an employee of a government sector agency within the meaning of
the Government Sector Employment Act 2013)
is entitled to be paid the remuneration (including travelling and subsistence
allowances) that the Minister may from time to time determine in respect of
the person.
4.93Sydney
Olympic Park Authority Act 2001 No
57
[1]Section 53 Dedication of
land
Omit “Crown Lands Act
1989” from section 53 (2) (a).
Insert instead “Crown
Land Management Act 2016”.
[2]Section 81 Amendment of
Schedule 3
Omit “Crown Lands Act
1989” from section 81 (a).
Insert instead “Crown
Land Management Act 2016”.
4.94Sydney
Water Act 1994 No 88
Section 3
Definitions
Omit “Crown Lands Act
1989” from paragraph (b) of the definition of
owner in section 3
(2).
Insert instead “Crown
Land Management Act 2016”.
4.95Technical and Further Education Commission Act
1990 No 118
Section 26 Grant or transfer
of certain land to the TAFE Commission
Omit “Crown Lands Act
1989” from section 26 (1) (a).
Insert instead “Crown
Land Management Act 2016”.
4.96The
Presbyterian Church (New South Wales) Property Trust Act
1936
Section 14A Validation of
grants
Omit section 14A (2).
4.97Threatened Species Conservation Act 1995 No
101
[1]Section 4
Definitions
Omit “Crown Lands Act
1989” from paragraph (a) (ii) of the definition of
owner in section 4
(1).
Insert instead “Crown
Land Management Act 2016”.
[2]Section 4 (1), paragraph (b)
of the definition of “owner”
Omit “Crown Lands Act
1989, the Crown Lands
(Continued Tenures) Act 1989 or the Western Lands Act
1901)”.
Insert instead “Crown
Land Management Act 2016”.
[3]Section 126L Conservation
measures
Omit section 126L (1) (k). Insert instead:
(k)
the adoption of a plan of management (whether
under the Crown Land Management Act
2016 or the Local Government
Act 1993) for Crown managed land within the meaning of the
Crown Land Management Act
2016,
[4]Section 126ZH Biodiversity
certification agreements
Omit “Crown Lands Act
1989” from section 126ZH (4).
Insert instead “Crown
Land Management Act 2016”.
[5]Section 127F General
provisions relating to biobanking agreements
Omit “Crown Lands Act
1989” from section 127F (5).
Insert instead “Crown
Land Management Act 2016”.
4.98Threatened Species Conservation (Biodiversity Banking)
Regulation 2008
Clause 4 Creation of
biodiversity credits in respect of land with existing conservation
obligations
Omit “Part 4A of the Crown
Lands Act 1989” from clause 4 (1)
(a).
Insert instead “the Crown
Land Management Act 2016”.
4.99Trees
(Disputes Between Neighbours) Act 2006 No
126
Section 3
Definitions
Omit “Crown Lands Act
1989, and includes land dedicated for a public purpose
under Part 5 of that Act” from the definition of Crown land in section 3
(1).
Insert instead “Crown
Land Management Act 2016”.
4.100Trustee Act 1925 No
14
[1]Section 9
Vesting
Omit “Crown Lands Act
1989” from section 9 (3A).
Insert instead “Crown
Land Management Act 2016”.
[2]Section 78 Effect of vesting
order
Omit “Crown Lands Act
1989” from section 78 (4).
Insert instead “Crown
Land Management Act 2016”.
4.101Tweed
River Entrance Sand Bypassing Act 1995 No
55
Section 9 Carrying out of the
works
Omit “Crown Lands Act
1989” wherever occurring in section 9
(5).
Insert instead “Crown
Land Management Act 2016”.
4.102Valuation of Land Act 1916 No
2
[1]Section 4
Definitions
Omit the definition of Western
Division from section 4 (1). Insert instead:
Western
Division means that part of the State that is the Western
Division within the meaning of the Crown Land
Management Act 2016.
[2]Section 14A Valuer-General to
ascertain land values
Omit “Western Lands Commissioner”
from section 14A (2) (b).
Insert instead “Secretary of the Department
of Industry”.
[3]Section 14C Valuation of land
in the Western Division
Omit “lease under the Western Lands Act 1901” from
section 14C (1) (a).
Insert instead “Western lands lease (within
the meaning of Schedule 3 to the Crown Land
Management Act 2016)”.
[4]Section 14C (1)
(b)
Omit “Western Lands Act
1901”.
Insert instead “Crown
Land Management Act 2016”.
[5]Section 14I Valuing Crown
lease restricted land
Omit section 14I (2) (a) and (b). Insert
instead:
(a)
a holding or enclosure permit within the meaning
of the Crown Land Management Act
2016,
(b)
a continued permissive occupancy within the
meaning of Schedule 1 to the Crown Land
Management Act 2016,
4.103Voluntary Workers (Soldiers’ Holdings) Act
1917 No 25
Section 7A Surrender by Public
Trustee of certain lands
Omit “Crown Lands Consolidation Act
1913” from section 7A (2).
Insert instead “Crown
Land Management Act 2016”.
4.104Water
Act 1912 No 44
[1]Whole Act (except section
4)
Omit “Director-General” and
“Director-General’s” wherever occurring.
Insert instead “Secretary” and
“Secretary’s”, respectively.
[2]Section 4
Definitions
Omit the definitions of Crown lands and Director-General.
Insert in alphabetical order,
respectively:
Crown
land has the same meaning as in the Crown
Land Management Act 2016.
Secretary has the same meaning as in
the Crown Land Management Act
2016.
[3]Section 4, definition of
“Western Division”
Omit the definition. Insert instead:
Western
Division means that part of the State that is the Western
Division within the meaning of the Crown Land
Management Act 2016.
[4]Section 126
Appeal
Omit “Crown Lands Acts”. Insert
instead “Crown Land Acts”.
[5]Section 196
Evidence
Omit “of the Department of Land and Water
Conservation”.
4.105Water
Management Act 2000 No 92
[1]Section 303 Crown land in
special areas
Omit “Crown Lands Act
1989” from section 303 (1).
Insert instead “Crown
Land Management Act 2016”.
[2]Section 303
(2)
Omit “trustee appointed under Part 5 of the
Crown Lands Act
1989”.
Insert instead “Crown land manager under
the Crown Land Management Act
2016”.
[3]Schedule 5 Constitution and
procedure of water supply authorities
Omit clause 17 (4) (b). Insert instead:
(b)
a holding in the Western Division (within the
meaning of the Crown Land Management Act
2016) or a part of land held under freehold
title,
[4]Dictionary
Omit “Crown Lands Act
1989” from the definition of Crown land.
Insert instead “Crown
Land Management Act 2016”.
[5]Dictionary, definition of
“owner”
Omit “Crown Lands Act
1989” from paragraph (b).
Insert instead “Crown
Land Management Act 2016”.
4.106Water Management (General) Regulation
2011
[1]Clause 166
Definitions
Omit “Crown Lands Act
1989” from paragraph (b) of the definition of
public
land.
Insert instead “Crown
Land Management Act 2016”.
[2]Schedule 5
Exemptions
Omit “the Crown Lands Act
1989, the Crown Lands
(Continued Tenures) Act 1989 or the Western Lands Act 1901” from
clause 16.
Insert instead “the Crown
Land Management Act 2016”.
4.107Water NSW Regulation
2013
Clause 3
Definitions
Omit “Crown Lands Act
1989” from paragraph (a) of the definition of
Crown
land in clause 3 (1).
Insert instead “Crown
Land Management Act 2016”.
4.108Wellington Show Ground Act 1929 No
54
Section
6
Omit the section. Insert instead:
6Appointment and removal of
trustees
The Minister has the same powers with respect to
the appointment and removal of trustees under this Act as the Minister
administering the Crown Land Management Act
2016 has under Schedule 5 to that Act with respect to the
appointment and removal of board members of statutory land
managers.
4.109Wild
Dog Destruction Act 1921 No 17
[1]Section 3
Definitions
Omit the definition of Commissioner from section 3 (1).
Insert instead:
Commissioner means the person
appointed under section 3AA to exercise the functions of the Commissioner for
the purposes of this Act.
[2]Section 3 (1), definition of
“Western Division”
Omit the definition. Insert instead:
Western
Division means that part of the State that is the Western
Division within the meaning of the Crown Land
Management Act 2016.
[3]Section
3AA
Insert after section 3:
3AAAppointment of person to
exercise functions of Commissioner
(1)
The Minister may appoint a person to exercise the
functions of the Commissioner for the purposes of this
Act.
(2)
The Minister may revoke an appointment under this
section at any time or for any reason.
(3)
A person appointed under this section (except a
person who is an employee of a government sector agency within the meaning of
the Government Sector Employment Act 2013)
is entitled to be paid the remuneration (including travelling and subsistence
allowances) that the Minister may from time to time determine in respect of
the person.
[4]Section 3A The Wild Dog
Destruction Board
Omit “an Assistant Western Lands
Commissioner” and “such Assistant Western Lands
Commissioner” from section 3A (4).
Insert instead “a person” and
“the person”, respectively.
[5]Section 3A (12) and
(13)
Omit “Assistant Western Lands
Commissioner” wherever occurring.
Insert instead
“person”.
[6]Section 3A
(16)
Insert after section 3A (15):
(16)
A person nominated by the Commissioner under
subsection (4) is entitled, while acting in the office of the chairperson, to
receive such fees and travelling or other expenses as the Minister may from
time to time determine.
[7]Section 3F Use of services of
officers and employees of the Public Service
Omit “In this subsection Department includes the office of
the Commissioner.” from section 3F (1).
4.110Wilderness Act 1987 No
196
[1]Section 10 Wilderness
protection agreements
Omit “Crown Lands Consolidation Act
1913, the Closer Settlement Acts or the Western Lands Act 1901 or any Act
replacing them,” from section 10 (4).
Insert instead “Crown
Land Management Act 2016”.
[2]Section 20 Provisions relating
to Crown land leases
Omit “Crown Lands Consolidation Act
1913, the Closer Settlement Acts or the Western Lands Act 1901 or any Act
replacing them” from section 20 (1).
Insert instead “Crown
Land Management Act 2016”.
[3]Section 21 Resolution of
certain disputes
Omit “Crown Lands Consolidation Act
1913, the Closer Settlement Acts or the Western Lands Act 1901 or any Act
replacing them” from section 21 (1) (b).
Insert instead “Crown
Land Management Act 2016”.
[4]Section 26 Effect of Crown
lands legislation
Omit “Crown Lands Consolidation Act
1913, the Closer Settlement Acts, the Western Lands Act 1901 or any Act
replacing them,”.
Insert instead “Crown
Land Management Act 2016”.
4.111Work Health and Safety (Mines and Petroleum Sites)
Regulation 2014
Clause 89 Consultation in
preparation of emergency plan
Omit paragraph (b) of the definition of local
authority in clause 89 (5). Insert instead:
(b)
if the mine is located in an area within the
Western Division that is not within the area of a council within the meaning
of the Local Government Act
1993—the person nominated by the Minister from time
to time for the purposes of this clause.
4.112Zoological Parks Board Act 1973 No
34
[1]Section 16
Property
Omit “Crown Lands Consolidation Act
1913” from section 16 (3).
Insert instead “Crown
Land Management Act 2016”.
[2]Section 16 (3) (a)
(i)
Omit “Crown lands”. Insert instead
“Crown land”.
[3]Section 16
(6)
Omit the subsection. Insert instead:
(6)
Nothing in subsection (3) affects the power of
the Minister to appoint the Board to be a Crown land manager of any land
dedicated or reserved under the Crown Land
Management Act 2016, or the power of the Minister to
transfer land to the Board under that Act.
Historical
notes
Table of amending
instruments
Crown Land
Legislation Amendment Act 2017 No 17. Assented to
17.5.2017. Date of commencement, Sch 1 excepted, 1.7.2018, sec 2 (1) and 2018
(225) LW 1.6.2018; date of commencement of Sch 1, assent, sec 2 (2). This Act
has been amended as follows:
2017
No
63
Statute Law
(Miscellaneous Provisions) Act (No 2) 2017. Assented to
23.11.2017.
Date of commencement of Sch 1.6, 14 days after assent,
sec 2 (1).
This Act has been amended by sec 30C of the
Interpretation Act 1987 No
15.
Table of
amendments
Sch
1
Rep 1987 No
15, sec 30C.
Sch
2
Am 2017 No
63, Sch 1.6 [1].
Sch
3
Am 2017 No
63, Sch 1.6 [2] [3].