Crown Lands Regulation 2000



Part 1 Preliminary
1   Name of Regulation
This Regulation is the Crown Lands Regulation 2000.
2   Commencement
This Regulation commences on 1 September 2000.
Note—
This Regulation replaces the Crown Lands Regulation 1995 which is repealed on 1 September 2000 under section 10 (2) of the Subordinate Legislation Act 1989.
3   Definitions
(1)  In this Regulation:
approved form means a form approved by the Minister under subclause (2) for the purposes of the provision of this Regulation in relation to which the expression is used.
Department means the Department of Land and Water Conservation.
Infringement Processing Bureau means the Infringement Processing Bureau within the Police Service.
IPB Code, in relation to an offence, means the code allocated to the offence by the Infringement Processing Bureau.
office of Land NSW means:
(a)  a district office of the part of the Department operating under the name of “Land NSW”, or
(b)  the Sydney office of the Department.
the Act means the Crown Lands Act 1989.
(2)  The Minister may approve forms for the purposes of this Regulation.
(3)  The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.
4   Fees and deposits
The fees and deposits specified in Schedule 1 are payable in respect of the matters referred to in that Schedule.
5   Minerals in relation to land not in a special land district
For the purposes of paragraph (a) of the definition of mineral in section 3 of the Act, the substances prescribed as minerals, in relation to land not in a special land district, are those specified in Schedule 2.
6   Divisions of the State—alteration or redefinition
For the purposes of section 4 (4) (a) of the Act, a notice describing a proposal to alter or redefine the boundary between the Eastern and Central Division and the Western Division of the State is required to be published:
(a)  in a newspaper circulating in the locality in which the alteration or redefinition of the boundary is to be made, or
(b)  in a newspaper circulating generally in the State.
Part 2 Administration
7   Custody of seal of Ministerial Corporation
The seal of the Ministerial Corporation is to be kept in the custody of the Director-General of the Department.
8   Use of seal of Ministerial Corporation
The seal of the Ministerial Corporation may be affixed to an instrument or document only:
(a)  in the presence of the Minister or a person authorised by the Ministerial Corporation for the purposes of this clause, and
(b)  with an attestation by the signature of the Minister or person of the fact of the affixing of the seal.
9   Records of Ministerial Corporation
The Director-General of the Department is required to keep written records containing details of all acts, decisions and proceedings of the Ministerial Corporation.
10   Jurisdiction of local land boards
(1)  For the purposes of section 22 (1) (b) of the Act, the Minister may refer any of the following matters to a local land board or a Chairperson sitting alone for inquiry and report:
(a)  any matter arising out of the administration of any land, lease or licence that the Minister or the Ministerial Corporation administers under any arrangement entered into under section 18 of the Act,
(b)  any matter arising out of the administration of any land, lease or licence that the Minister or the Ministerial Corporation administers on behalf of the Crown,
(c)  any matter arising out of the administration of any land dedicated under the Act or the Crown Lands Acts or of any common within the meaning of the Commons Management Act 1989.
(2)  In this clause, a reference to the administration of any land includes a reference to the use and management of the land.
11   Registrar of Local Land Boards
(1)  The Director-General of the Department is required to appoint a Registrar of Local Land Boards for each land district.
(2)  One Registrar may be appointed for several land districts.
12   Registrar to bring matters before board
Subject to any direction by the Chairperson or the Senior Chairperson, the Registrar of Local Land Boards must bring all matters before the local land board or the Chairperson as soon as practicable after they are received.
13   Notice of proceedings before board
Notice of the time and place appointed for any proceedings before the local land board or Chairperson, and of the nature of the proceedings:
(a)  is to be in the approved form, and
(b)  is to be served on the parties to the proceedings not less than 14 days before the time appointed for the proceedings (or such lesser period as may be directed by the Chairperson).
14   Substituted service of notice of proceedings
(1)  If for any reason it is not possible or practicable to effect service of a notice of proceedings before a local land board or the Chairperson, the Chairperson may give directions for service or for the substitution of the advertisement of the proceedings in a newspaper circulating in the locality or in the State.
(2)  If those directions are carried out, service of notice is to be taken to have been effected.
15   Proceedings may be heard in absence of a party
If the local land board or Chairperson is satisfied that notice of the time and place appointed for any proceedings has been given to a party, the board or Chairperson may proceed and adjudicate in the absence of that party.
16   Issue of summons
(1)  Any summons to give evidence or for the production of deeds or other documents to the local land board:
(a)  may be issued by the Chairperson or other member of the local land board on payment of the fee specified in Schedule 1, and
(b)  is to be in the approved form.
(2)  A telephonic generated facsimile of a summons issued by the Chairperson or other member of the local land board that is certified by a Registrar as having been received from the Chairperson or member may be dealt with as if it is the original summons.
17   Allowances payable to witnesses before local land boards
For the purposes of clause 3 (e) of Schedule 2 to the Act, the allowances for attendance and travelling payable to witnesses before a local land board are the same as those payable from time to time to witnesses attending Local Courts.
18   Form of warrant to apprehend witness
For the purposes of clause 3 (f) of Schedule 2 to the Act, the prescribed form of warrant to bring a person before a local land board to give evidence is the form specified in Schedule 3.
19   Appeal against local land board decision
For the purposes of section 26 of the Act, an appeal to the Land and Environment Court against a decision of a local land board is to be made:
(a)  by filing an application in accordance with the Land and Environment Court Rules 1996, and
(b)  by paying the appropriate fees in accordance with the Land and Environment Court Regulation 2000.
Part 3 Land assessment
20   Land evaluation criteria
For the purposes of section 32 of the Act, the prescribed land evaluation criteria are as follows:
(a)  the susceptibility of:
(i)  the land to hazards, including fire, flood, landslip, subsidence and coastline hazards, and
(ii)  the land and any catchment of which the land forms part to degradation, including soil erosion, salinity, waterlogging, soil structure decline, soil acidity, tree decline and weed invasion,
(b)  the significance of:
(i)  inherent natural, catchment, cultural and heritage values, including scenic, habitat, native vegetation, scientific and water body features, and
(ii)  ecological values, including the presence of representative, rare or endangered species or communities of flora or fauna and wildlife corridors, and
(iii)  natural resources, including minerals, extractive materials, timber resources, surfacewaters and groundwaters,
(c)  the ecological sustainability of potential land uses of the land and any catchment of which the land forms part.
21   Notification and public comment on land assessments
(1)  This clause applies to draft land assessments that are part of the programme for the assessment of Crown land instituted by the Minister under Part 3 of the Act.
(2)  The Minister is required to cause notice of the preparation of any draft land assessment to be published in:
(a)  the Gazette, and
(b)  a newspaper circulating in the locality in which the land concerned is situated or in a newspaper circulating generally in the State.
(3)  Any such notice must:
(a)  invite representations from the public concerning the draft land assessment, and
(b)  specify the place and time at which the draft land assessment may be inspected by the public, and
(c)  specify the period (being not less than 28 days) within which any representations may be made and the person to whom they are to be sent.
Part 4 Sale, lease or other disposal of Crown land
22   Application for consent to transfer
(1)  This clause applies to an application for consent to transfer land that is subject to a recording under one of the following provisions of the Act:
(a)  section 36 (4) (a) (condition in contract for sale),
(b)  section 37 (2) (a) (conditions on a sale to a purchaser),
(c)  section 38 (a) (transfer restrictions on purchases),
(d)  section 44 (1) (a) (transfer restrictions on leases).
(2)  Any such application to transfer land:
(a)  is to be in the approved form, and
(b)  is to be lodged with an office of Land NSW together with the fee specified in Schedule 1.
23   Activities prohibited on easements for public access
For the purposes of section 57 (1) of the Act, the following activities may not be carried on on land the subject of an easement for public access:
(a)  camping,
(b)  carrying or using firearms or any other weapon or thing used for hunting (other than a fishing rod, line or net),
(c)  lighting fires,
(d)  taking any animal onto the land,
(e)  damaging or injuring any fauna or flora,
(f)  setting traps,
(g)  driving any motor vehicle, trail bike or other vehicle propelled by mechanical power (except if a sign is displayed with the authority of the Minister on the site of the easement authorising the use of any such vehicle),
(h)  depositing or leaving any rubbish, litter, dead animal or other similar matter.
24   Structures that may be erected on easements for public access
For the purposes of section 58 (1) (b) of the Act, the following type of structure (in addition to fences and gates) may be erected, without the written consent of the Minister, on land the subject of an easement for public access by the owner or lessee of land affected by the easement:
Cattle ramp
Pipeline
Pump
25   Enclosure of roads or watercourses
For the purposes of section 61 (1) of the Act, an application for a permit to enclose wholly or in part any road or watercourse:
(a)  is to be in the approved form, and
(b)  is to be lodged with an office of Land NSW together with the fee specified in Schedule 1.
26   Enclosure of additional roads or watercourses
For the purposes of section 62 (1) of the Act, an application by the holder of an enclosure permit to enclose any additional road or watercourse:
(a)  is to be in the approved form, and
(b)  is to be lodged with an office of Land NSW together with the fee specified in Schedule 1.
27   Transfer of land with which enclosure permit held
For the purposes of section 64 (2) of the Act:
(a)  the prescribed manner of notifying the Department of the transfer of land with which an enclosure permit is held is by a notice in writing lodged with an office of Land NSW together with the fee specified in Schedule 1, and
(b)  the prescribed time for giving that notice is within 28 days of the date of the transfer.
28   Amalgamation of enclosure permits
For the purposes of section 68 (1) of the Act, an application by the holder of 2 or more enclosure permits to amalgamate the permits:
(a)  is to be in the approved form, and
(b)  is to be lodged with an office of Land NSW together with the fee specified in Schedule 1.
29   Application for direction to provide gates or other access
For the purposes of section 69 (1) of the Act, an application for a direction by a local land board under section 70 of the Act:
(a)  is to be in the approved form, and
(b)  is to be lodged with the Registrar of Local Land Boards for the land district in which the land is situated together with the fee specified in Schedule 1.
30   Cultivation of enclosed roads
For the purposes of section 72 (1) of the Act, an application for a dispensation from a requirement to erect gates or provide other means of access to, and an authority to cultivate, an enclosed road:
(a)  is to be in the approved form, and
(b)  is to be lodged with an office of Land NSW together with the fee specified in Schedule 1.
Part 5 Dedication and reservation of land
31   Disclosure of pecuniary interests
For the purposes of clause 1 (3) of Schedule 4 to the Act, the prescribed fee for inspection of the book containing particulars of disclosures of pecuniary interests of members of a trust board is the fee specified in Schedule 1.
32   Temporary licences
For the purposes of section 108 of the Act:
(a)  in addition to grazing, the purposes for which a temporary licence may be granted are as follows:
Advertising
Camping using a tent, caravan or otherwise
Catering
Entertainments
Equestrian events
Exhibitions
Filming (within the meaning of the Local Government Act 1993)
Functions
Hiring of equipment
Holiday accommodation
Markets
Meetings
Mooring of boats to wharves or other structures
Sales
Shows
Sporting and organised recreational activities
Stabling of horses
(b)  in addition to any other condition subject to which a temporary licence is granted, the licence is subject to the condition that the relationship of landlord and tenant is not created between the parties, and
(c)  unless it is revoked sooner or is granted for a shorter period, a temporary licence ceases to have effect one year after it is granted.
33   Reserve trust reports
(1)  For the purposes of section 122 (1) (a) of the Act, a reserve trust must furnish to the Minister each year, within 3 months of the close of the trust’s financial year, a report on its activities.
(2)  Any such report is to include details of income, expenditure, assets, liabilities, improvements effected, leases and licences granted or in force, uses made of the reserve and any particulars of pecuniary interests recorded in the book referred to in clause 31.
(3)  If directed by the Minister by notice in writing to do so, a reserve trust must arrange for any such report to be audited by a person approved by the Minister.
34   Reserve trust records
For the purposes of section 122 (1) (b) of the Act, a reserve trust must keep the records specified in Schedule 4.
35   Notification and public comment on draft plans of management
(1)  This clause applies to a plan of management under Division 6 of Part 5 of the Act that is required (before its adoption by the Minister) to be placed on public display.
(2)  The Minister is required to cause notice of a plan of management to be published in:
(a)  the Gazette, and
(b)  a newspaper circulating in the locality in which the land concerned is situated or in a newspaper circulating generally in the State.
(3)  Any such notice must:
(a)  invite representations from the public concerning the plan, and
(b)  specify the place and time at which the plan may be inspected by the public, and
(c)  specify the period (being not less than 28 days) within which any representations may be made and the person to whom they are to be sent.
Part 6 Miscellaneous
36   Compensation for land withdrawn from lease or licence
For the purposes of section 136 (5) of the Act, a reference in the Land Acquisition (Just Terms Compensation) Act 1991 to an acquisition notice is to be read as a reference to a withdrawal notification under section 136 (1) of the Crown Lands Act 1989.
37   Surrender of land
(1)  For the purposes of section 137 of the Act, an application for the Minister’s consent to surrender any land or any lease from the Crown under the Act or the Crown Lands (Continued Tenures) Act 1989:
(a)  is to be in the approved form, and
(b)  is to be lodged with an office of Land NSW together with the deposit specified in Schedule 1 towards the cost of dealing with the surrender.
(2)  If the Minister consents to the surrender, the holder of the land or the lease must lodge an instrument in the approved form with an office of Land NSW together with:
(a)  the balance, if any, of the cost of dealing with the surrender, and
(b)  the Crown grant or certificate of title, if any, relating to the land the subject of the surrender.
(3)  If the deposit in Schedule 1 exceeds the cost of dealing with the surrender, the balance is to be refunded.
(4)  If a surrender is proposed to be made at the instance or for the benefit of the Crown, application for the Minister’s consent is not required and no costs may be charged.
38   Change of conditions or purposes
For the purposes of section 139 (1) of the Act, an application by the holder for the alteration, modification or revocation of, or addition to, any condition attaching to a holding or land or the purposes of a holding:
(a)  is to be in the approved form, and
(b)  is to be lodged with an office of Land NSW together with the fee specified in Schedule 1.
39   Exemption from conditions
For the purposes of section 139 (2) of the Act, an application by the holder for exemption from complying with a condition attaching to a holding or land:
(a)  is to be in the approved form, and
(b)  is to be lodged with an office of Land NSW together with the fee specified in Schedule 1.
40   Objections to, and appeals against, determination or redetermination of rent
(1)  For the purposes of section 142 (3) of the Act, an objection to the Minister’s determination or redetermination of the rent of a lease, licence or enclosure permit:
(a)  is to be in the approved form, and
(b)  is to be lodged with an office of Land NSW within 28 days of service on the holder of the notice of the determination or redetermination of the rent.
(2)  For the purposes of section 142 (5) (a) of the Act, notice of an appeal to the local land board against the Minister’s decision on any such objection:
(a)  is to be in the approved form, and
(b)  is to be lodged with the Registrar of Local Land Boards for the land district in which the land is situated, within 28 days of service on the objector of the Minister’s decision on the objection, together with the fee specified in Schedule 1.
(3)  The Registrar of Local Land Boards must, as soon as practicable after the receipt of the notice of appeal, give notice of the appeal to all persons directly affected by the Minister’s decision on the objection.
(4)  For the purposes of section 142 (5) (b) of the Act, an appeal to the Land and Environment Court against the Minister’s decision on an objection referred to in section 142 (3) and (4) of the Act is to be made:
(a)  by filing an application in accordance with the Land and Environment Court Rules 1996, and
(b)  by paying the appropriate fees in accordance with the Land and Environment Court Regulation 2000.
41   Classes of holding—payment of arrears
For the purposes of section 144 of the Act, the following classes of holding are prescribed:
(a)  any lease or licence under the Act,
(b)  any incomplete purchase, perpetual lease, term lease, special lease or permissive occupancy under the Crown Lands (Continued Tenures) Act 1989.
42   Minimum rents—Western Division
(1)  For the purposes of section 141F of the Act:
(a)  the minimum annual rent of a holding is $70, and
(b)  the minimum annual rent of an enclosure permit in relation to which the Minister has authorised the cultivation of the land enclosed is $70, and
(c)  the minimum annual rent of any other enclosure permit is $50.
(2)    (Repealed)
cl 42: Am 2004 No 63, Sch 4.1 [1] [2].
43   Interest on arrears
(1)  For the purposes of sections 148 (2) and 150 (2) (a) of the Act, the prescribed rate of interest is 8 per cent per annum plus the Bank Accepted Bill rate rounded to the second decimal place (rounding 0.005 upwards).
(2)  In this clause, Bank Accepted Bill rate has the same meaning as in section 22 (4) of the Taxation Administration Act 1996.
cl 43: Am 2001 No 22, Sch 6.1.
44   Rebates of rent
For the purposes of section 151 of the Act, the following classes of holder are prescribed:
(a)  an eligible pensioner (as defined in the Local Government Act 1993) whose holding is occupied as his or her sole place of residence (or is an adjunct thereto) and is not used for any commercial purpose,
(b)  a community service, sporting or recreational organisation:
(i)  that is the holder of an authority under the Charitable Fundraising Act 1991, or
(ii)  that is incorporated under the Associations Incorporation Act 1984, or
(iii)  that the Minister is satisfied is a non-profit organisation,
whose holding is used as a help or service facility of benefit to the general community or as an active sporting, passive recreational or youth advancement facility of general benefit to a local community,
(c)  an owner or occupier of residential property that is accessible only by water and whose holding contains a structure that is used for the purposes of obtaining access to the property and is not used for any commercial purpose,
(d)  a local council whose holding is used to provide facilities, without charge, for the benefit of the general community.
cl 44: Am 2005 No 58, Sch 3.1.
45   Protection of public land—authorised persons
For the purposes of paragraph (b) of the definition of authorised person in section 153 of the Act, the following offices, positions and ranks are prescribed (except for the purposes of section 159 of the Act):
Department of Land and Water Conservation
Director-General
Deputy Director-General, Regional and Commercial Services
Deputy Director-General, Natural Resource Management
Regional Director
The part of the Department operating under the name of “Land NSW”
General Manager
Area Manager
District Manager
Surveyor
Lands Officer, District Office, Level 2 and above
Resource Access Works and Services (excluding Far West Region) of the Department
Manager
Surveyor
Lands Officer, Level 2 and above
Clerk, Grade 5 and above
Resource Access Works and Services (Far West Region) of the Department
Manager
Crown Lands Services Manager
Rangelands Management Officer
Lands Officer, Level 2 and above
46   Dumping of materials
For the purposes of section 155 (1) (i) (ii) of the Act, the following classes or descriptions of matter are prescribed:
(a)  vehicles or parts of them,
(b)  marine craft or aircraft or parts of them,
(c)  household effects, appliances, materials or waste,
(d)  clothing,
(e)  agriculture, building, commercial or industrial materials or waste,
(f)  machinery, plant or equipment or parts of them,
(g)  chemicals or metals,
(h)  vegetable matter,
(i)  stone, sand, shells, clay, earth or ash,
(j)  radioactive material.
47   Unauthorised activities on public land
For the purposes of section 156 (1), (2) and (3) of the Act, the following activities are prescribed:
(a)  conducting any entertainment, instruction or performance for money or consideration of any kind,
(b)  operating television, cinematographic or photographic equipment for commercial purposes,
(c)  conducting or taking part in any sporting activity that forms part of an organised competition,
(d)  selling, offering for sale or distributing any article or thing,
(e)  affixing any sign, bill, poster, banner or bunting on, or to, any tree or any post, building, fence, seat, table, enclosure or other structure,
(f)  camping,
(g)  lighting of fires other than in a properly constructed fire place,
(h)  driving a vehicle or riding a horse,
(i)  carrying or using firearms,
(j)  discharging fireworks,
(k)  using any bow and arrow or throwing any stone or other dangerous missile,
(l)  drinking alcohol,
(m)  selling, offering for sale or otherwise providing alcohol to a person.
48   Penalty notices for certain offences
For the purposes of section 162 (1) of the Act, the prescribed offences are as follows:
(a)  an offence under section 155 (1) (a), (b), (c), (d), (e), (f), (h) or (i) of the Act,
(b)  an offence under section 156 (2) or (3) of the Act,
(c)  an offence under section 160 (6) of the Act.
49   Amount of penalty under penalty notice
For the purposes of section 162 (2) of the Act, the amount of penalty payable under a penalty notice is as follows:
(a)  in relation to an offence under section 155 (1) (a), (b), (c), (d), (e), (f), (h) or (i) of the Act—$220,
(b)  in relation to an offence under section 156 (2) or (3) of the Act—$220,
(c)  in relation to an offence under section 160 (6) of the Act—$66.
50   Short description of offences
(1)  For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision specified in Column 1 of Schedule 5 consists of:
(a)  if one or more IPB codes are set out in relation to the offence in Column 2 of Schedule 5, any of those IPB codes together with:
(i)  the text set out in relation to the offence in Column 3 of Schedule 5, or
(ii)  if a choice of words is indicated in that text, the words remaining after the omission of the words irrelevant to the offence, or
(b)  if no IPB code is set out in relation to the offence in Column 2 of Schedule 5:
(i)  the text set out in relation to the offence in Column 3 of Schedule 5, or
(ii)  if a choice of words is indicated in that text, the words remaining after the omission of the words irrelevant to the offence.
(2)  For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 5, the prescribed expression for the offence is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed.
(3)  The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used.
(4)  Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.
51   Removal of improvements from holdings
For the purposes of section 174 (2) of the Act, an application by the former holder for permission to remove improvements on forfeiture, surrender or other determination of a holding:
(a)  is to be in the approved form, and
(b)  is to be lodged with an office of Land NSW together with the fee specified in Schedule 1.
51A   Local land board hearings—fencing work
An application made to a local land board under section 12 of the Dividing Fences Act 1991 is to be in an approved form and is to be accompanied by the fee specified in Schedule 1.
cl 51A: Ins 23.7.2004.
52   Savings provision
Any act, matter or thing that, immediately before the repeal of the Crown Lands Regulation 1995, had effect under that Regulation is taken to have effect under this Regulation.
Schedule 1 Fees and deposits
(Clause 4)
  
$
1
Issue of summons (clause 16)
40
2
Application for consent to transfer land that is subject to a recording under section 36 (4) (a), 37 (2) (a), 38 (a) or 44 (1) (a) (clause 22)
151
3
Application for enclosure permit (clause 25)
151
4
Application for additional enclosure permit (clause 26)
151
5
Notice of transfer of land with which enclosure permit held (clause 27)
57
6
Application for amalgamation of enclosure permits (clause 28)
151
7
Application for direction to provide gates or other access (clause 29)
151
8
Application for authority to cultivate an enclosed road etc (clause 30)
151
9
Inspection of the book containing particulars of disclosures of pecuniary interests of members of trust board (clause 31)
25
10
Surrender of land (clause 37)
236
11
Application for alteration etc of conditions or purposes (clause 38)
151
12
Application for exemption from conditions (clause 39)
151
13
Notice of appeal to local land board against Minister’s determination or redetermination of rent (clause 40 (2))
63
14
Application by former holder to remove improvements on forfeiture, surrender or other determination of a holding (clause 51)
151
15
Application to local land board under section 12 of the Dividing Fences Act 1991 (clause 51A)
61
sch 1: Am 23.7.2004.
Schedule 2 Substances defined as minerals in relation to land not in a special land district
(Clause 5)
Agate
Germanium
Platinoid Minerals
Alum
Gold
Platinum
Alumina
Graphite
Plumbago
Alunite
Gypsum
Pyrophillites
Antimony
Halite
Quartz Crystal
Apatite
Iceland Spar
Radioactive Mineral
Arsenic
Ilmenite
Rare Earth Minerals
Arsenical Pyrites
Iron
Reef Quartz
Asbestos
Iron Ore
Rhodonite
Barytes
Ironstone
Rock Salt
Bauxite
Jade
Rubidium
Beryllium and its ores
Kerosene
Ruby
Bismuth
Laterite
Rutile
Borates
Lead
Sapphire
Cadmium
Limestone
Scheelite
Caesium
Lithium
Selenium
Calcite
Manganese
Shale
Chalcedony
Magnesite
Shale Ash
Chlorite
Marble
Silver
Chromite
Mercury
Steatite
Cinnabar
Mica
Sulphur
Coal
Mineral Oils
Talc
Cobalt
Mineral Pigments
Tantalum
Columbium
Mineral Water
Thorium
Copper
Molybdenite
Tin
Corundum
Monazite
Titanium
Cryolite
Natural Gas
Topaz
Diamond
Nephrite
Tourmaline
Diatomaceous Earth
Nickel
Tungsten and its ores
Dolomite
Opal
Turquoise
Emerald
Osmiridium
Vanadium
Emery
Oxide of Iron
Wolfram
Felspar
Peat
Wollastonite
Fluorspar
Perlite
Wulfenite
Fuller’s Earth
Petroleum
Zinc
Galena
Phosphates
Zircon
Garnet
Pitchblende
Zirconia
Schedule 3 Form of warrant
(Clause 18)
Warrant to apprehend a witness
To all police officers in the State of New South Wales:
WHEREAS ........................................ (the “witness”) was served with a summons requiring appearance as a witness before the Local Land Board on ............................................................
in the matter of ............................................................
and was paid or tendered reasonable expenses for attendance but did not obey the summons. The hearing of the proceedings for which the witness is required is now set down at the ............................................................
.......... at .......... on the .......... day of ............... 20............................................................
at the hour of ............................................................
You are ordered to apprehend the witness before that time and to take the witness before the Local Land Board to be dealt with according to law.
If this warrant is not executed before that time, you are ordered to return it to the Chairperson of the Local Land Board immediately.
Dated this ............... day of ............... 20...............
Chairperson
Schedule 4 Records to be kept by Reserve Trust
(Clause 34)
1   
Where a reserve trust is managed by a trust board:
(1)  Minutes of all meetings.
(2)  Receipts for all money received.
(3)  Documentation of all expenditure.
(4)  Cash Book.
(5)  Bank, building society or credit union deposit book.
(6)  Plant and asset register.
2   
Where a reserve trust is managed by a council as defined in the Local Government Act 1993:
Such records as the council is required to keep under the Local Government Act 1993 and in such a manner that will permit dissection of:
(1)  Monetary details in respect of each reserve from which the Council receives revenue of any nature, and
(2)  Details of improvements effected on each reserve, and
(3)  Details of all leases and licences granted or in force.
3   
Where a reserve trust is managed by a corporation other than a council as defined in the Local Government Act 1993:
Such records as the corporation is required to keep under the legislation under which it is established and in such a manner that will permit dissection of details of income, expenditure, assets, liabilities, improvements effected and leases and licences granted or in force in respect of the reserve separate from any other activity of the corporation.
Schedule 5 Short description of offences
(Clause 50)
Column 1
Column 2
Column 3
Offence
IPB Code
Prescribed expression
Section 155 (1) (a) of the Act—reside on public land without lawful authority
5850
reside on public land without authority
Section 155 (1) (b) of the Act—erect a structure on public land without lawful authority
5851
erect structure on public land without authority
Section 155 (1) (c) of the Act—graze stock on public land without lawful authority
5852
graze stock on public land without authority
Section 155 (1) (d) of the Act—drive stock on public land without lawful authority
5853
drive stock on public land without authority
Section 155 (1) (e) of the Act—clear, dig up or cultivate public land without lawful authority
5854
clear/dig up/cultivate public land without authority
Section 155 (1) (f) of the Act—enclose public land (other than a road or watercourse to which section 63 applies) without lawful authority
5855
enclose public land without authority
Section 155 (1) (h) of the Act—interfere with any substance, whether on or in, or forming part of, public land without lawful authority
5856
interfere with substance on public land without authority
Section 155 (1) (i) of the Act—without lawful authority, deposit or leave on public land:
  
(i)  any rubbish, litter, refuse, dead animal, filth or other similar matter, or
5857
deposit/leave rubbish/litter/refuse/dead animal/filth/matter on public land without authority
(ii)  any matter of a prescribed class or description, whether or not of a kind referred to in subparagraph (i),
5858
deposit/leave prescribed matter on public land without authority
except in a place or receptacle provided for the purpose.
  
Section 156 (2) of the Act—after service of a notice prohibiting the making use, without lawful authority, of a structure erected on public land, make use of the structure without lawful authority after the expiry of the period specified in the notice
5859
use structure on public land after notice
Section 156 (2) of the Act and clause 47 (a) of this Regulation—after service of a notice prohibiting the carrying on, without lawful authority, of a prescribed activity on public land, carry on the activity (that is, conduct any entertainment, instruction or performance for money or consideration of any kind) without lawful authority after the expiry of the period specified in the notice
5860
conduct entertainment/instruction/performance on public land after notice
Section 156 (2) of the Act and clause 47 (b) of this Regulation—after service of a notice prohibiting the carrying on, without lawful authority, of a prescribed activity on public land, carry on the activity (that is, operate television, cinematographic or photographic equipment for commercial purposes) without lawful authority after the expiry of the period specified in the notice
5861
operate TV/cinema/photo equipment on public land after notice
Section 156 (2) of the Act and clause 47 (c) of this Regulation—after service of a notice prohibiting the carrying on, without lawful authority, of a prescribed activity on public land, carry on the activity (that is, conduct or take part in any sporting activity that forms part of an organised competition) without lawful authority after the expiry of the period specified in the notice
5862
conduct/take part competitive sport on public land after notice
Section 156 (2) of the Act and clause 47 (d) of this Regulation—after service of a notice prohibiting the carrying on, without lawful authority, of a prescribed activity on public land, carry on the activity (that is, sell, offer for sale or distribute any article or thing) without lawful authority after the expiry of the period specified in the notice
5863
sell/offer for sale/distribute article/thing on public land after notice
Section 156 (2) of the Act and clause 47 (e) of this Regulation—after service of a notice prohibiting the carrying on, without lawful authority, of a prescribed activity on public land, carry on the activity (that is, affix any sign, bill, poster, banner or bunting on, or to, any tree or any post, building, fence, seat, table, enclosure or other structure) without lawful authority after the expiry of the period specified in the notice
5864
affix sign/bill/poster/banner/bunting on/to tree/structure on public land after notice
Section 156 (2) of the Act and clause 47 (f) of this Regulation—after service of a notice prohibiting the carrying on, without lawful authority, of a prescribed activity on public land, carry on the activity (that is, camp) without lawful authority after the expiry of the period specified in the notice
5865
camp on public land after notice
Section 156 (2) of the Act and clause 47 (g) of this Regulation—after service of a notice prohibiting the carrying on, without lawful authority, of a prescribed activity on public land, carry on the activity (that is, light a fire other than in a properly constructed fire place) without lawful authority after the expiry of the period specified in the notice
5866
light fire on public land after notice
Section 156 (2) of the Act and clause 47 (h) of this Regulation—after service of a notice prohibiting the carrying on, without lawful authority, of a prescribed activity on public land, carry on the activity (that is, drive a vehicle or ride a horse) without lawful authority after the expiry of the period specified in the notice
5867
drive vehicle/ride horse on public land after notice
Section 156 (2) of the Act and clause 47 (i) of this Regulation—after service of a notice prohibiting the carrying on, without lawful authority, of a prescribed activity on public land, carry on the activity (that is, carry or use firearms) without lawful authority after the expiry of the period specified in the notice
5868
carry/use firearm on public land after notice
Section 156 (2) of the Act and clause 47 (j) of this Regulation—after service of a notice prohibiting the carrying on, without lawful authority, of a prescribed activity on public land, carry on the activity (that is, discharge fireworks) without lawful authority after the expiry of the period specified in the notice
5869
discharge fireworks on public land after notice
Section 156 (2) of the Act and clause 47 (k) of this Regulation—after service of a notice prohibiting the carrying on, without lawful authority, of a prescribed activity on public land, carry on the activity (that is, use any bow and arrow or throw any stone or other dangerous missile) without lawful authority after the expiry of the period specified in the notice
5870
use bow and arrow/throw dangerous missile on public land after notice
Section 156 (2) of the Act and clause 47 (l) of this Regulation—after service of a notice prohibiting the carrying on, without lawful authority, of a prescribed activity on public land, carry on the activity (that is, drink alcohol) without lawful authority after the expiry of the period specified in the notice
5871
drink alcohol on public land after notice
Section 156 (2) of the Act and clause 47 (m) of this Regulation—after service of a notice prohibiting the carrying on, without lawful authority, of a prescribed activity on public land, carry on the prescribed activity (that is, sell or offer for sale or otherwise provide alcohol to another person) without lawful authority after the expiry of the period specified in the notice
5872
sell/offer for sale/provide alcohol on public land after notice
Section 156 (3) of the Act—without lawful authority, make use of a structure on public land when that use is prohibited by a notice displayed in a conspicuous place at or near the land
5873
use structure on public land contrary to sign
Section 156 (3) of the Act and clause 47 (a) of this Regulation—without lawful authority, carry on a prescribed activity (that is, conduct any entertainment, instruction or performance for money or consideration of any kind) on public land when that activity is prohibited by a notice displayed in a conspicuous place on or near the land
5874
conduct entertainment/instruction/performance on public land contrary to sign
Section 156 (3) of the Act and clause 47 (b) of this Regulation—without lawful authority, carry on a prescribed activity (that is, operate television, cinematographic or photographic equipment for commercial purposes) on public land when that activity is prohibited by a notice displayed in a conspicuous place on or near the land
5875
operate TV/cinema/photo equipment on public land contrary to sign
Section 156 (3) of the Act and clause 47 (c) of this Regulation—without lawful authority, carry on a prescribed activity (that is, conduct or take part in any sporting activity that forms part of an organised competition) on public land when that activity is prohibited by a notice displayed in a conspicuous place on or near the land
5876
conduct/take part competitive sport on public land contrary to sign
Section 156 (3) of the Act and clause 47 (d) of this Regulation—without lawful authority, carry on a prescribed activity (that is, sell, offer for sale or distribute any article or thing) on public land when that activity is prohibited by a notice displayed in a conspicuous place on or near the land
5877
sell/offer for sale/distribute article/thing on public land contrary to sign
Section 156 (3) of the Act and clause 47 (e) of this Regulation—without lawful authority, carry on a prescribed activity (that is, affix any sign, bill, poster, banner or bunting on, or to, any tree or any post, building, fence, seat, table, enclosure or other structure) on public land when that activity is prohibited by a notice displayed in a conspicuous place on or near the land
5878
affix sign/bill/poster/banner/bunting on/to tree/structure on public land contrary to sign
Section 156 (3) of the Act and clause 47 (f) of this Regulation—without lawful authority, carry on a prescribed activity (that is, camp) on public land when that activity is prohibited by a notice displayed in a conspicuous place on or near the land
5879
camp on public land contrary to sign
Section 156 (3) of the Act and clause 47 (g) of this Regulation—without lawful authority, carry on a prescribed activity (that is, light a fire other than in a properly constructed fire place) on public land when that activity is prohibited by a notice displayed in a conspicuous place on or near the land
5880
light fire on public land contrary to sign
Section 156 (3) of the Act and clause 47 (h) of this Regulation—without lawful authority, carry on a prescribed activity (that is, drive a vehicle or ride a horse) on public land when that activity is prohibited by a notice displayed in a conspicuous place on or near the land
5881
drive vehicle/ride horse on public land contrary to sign
Section 156 (3) of the Act and clause 47 (i) of this Regulation—without lawful authority, carry on a prescribed activity (that is, carry or use firearms) on public land when that activity is prohibited by a notice displayed in a conspicuous place on or near the land
5882
carry/use firearm on public land contrary to sign
Section 156 (3) of the Act and clause 47 (j) of this Regulation—without lawful authority, carry on a prescribed activity (that is, discharge fireworks) on public land when that activity is prohibited by a notice displayed in a conspicuous place on or near the land
5883
discharge fireworks on public land contrary to sign
Section 156 (3) of the Act and clause 47 (k) of this Regulation—without lawful authority, carry on a prescribed activity (that is, use any bow and arrow or throw any stone or other dangerous missile) on public land when that activity is prohibited by a notice displayed in a conspicuous place on or near the land
5884
use bow and arrow/throw dangerous missile on public land contrary to sign
Section 156 (3) of the Act and clause 47 (l) of this Regulation—without lawful authority, carry on a prescribed activity (that is, drink alcohol) on public land when that activity is prohibited by a notice displayed in a conspicuous place on or near the land
5885
drink alcohol on public land contrary to sign
Section 156 (3) of the Act and clause 47 (m) of this Regulation—without lawful authority, carry on a prescribed activity (that is, sell or offer to sell or otherwise provide alcohol to another person) on public land when that activity is prohibited by a notice displayed in a conspicuous place on or near the land
5886
sell/offer to sell/provide alcohol on public land contrary to sign
Section 160 (6) of the Act—contravene direction under section 160 (3) as to the bringing of vehicles into any vacant public land
5887
disobey direction about bringing vehicles into public land
Section 160 (6) of the Act—contravene direction under section 160 (3) as to the use of vehicles in any vacant public land
5888
disobey direction about use of vehicles in public land
Section 160 (6) of the Act—contravene direction under section 160 (3) as to the parking or mooring of vehicles in any vacant public land
5889
disobey direction about parking/mooring vehicles in public land