You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Contents (2016 - 58)
Skip to content
Crown Land Management Act 2016 No 58
Current version for 1 July 2019 to date (accessed 22 September 2019 at 06:55)
Part 3
Part 3 Management of Crown land
Introductory note.
 This Part provides for the management of dedicated or reserved Crown land. It includes provisions that:
(a)  enable the Minister to appoint Crown land managers for dedicated or reserved Crown land, and
(b)  make a Crown land manager of dedicated or reserved Crown land responsible for the care, control and management of the land, and
(c)  provide for the functions of Crown land managers (including specifying the kinds of dealings with managed land that they are authorised to do), and
(d)  enable the Minister to issue Crown land management rules for Crown land managers.
The following persons can be appointed as Crown land managers for dedicated or reserved Crown land:
(a)  local councils,
(b)  a Local Aboriginal Land Council under the Aboriginal Land Rights Act 1983,
(c)  a prescribed body corporate for the purposes of a provision of the Native Title Act 1993 of the Commonwealth,
(d)  statutory land managers constituted under Schedule 5,
(e)  the Ministerial Corporation,
(f)  associations under the Associations Incorporation Act 2009,
(g)  companies under the Corporations Act 2001 of the Commonwealth,
(h)  any other bodies corporate or corporations constituted by or under another Act,
(i)  heads of government sector agencies.
This Part also makes it clear that the Minister is responsible for the care, control and management of Crown land if there is no Crown land manager of the land or it is not dedicated or reserved.
Schedule 5 sets out the duties of board members of statutory land managers.
Schedule 7 provides for board members of reserve trusts (including reserve trusts constituted by members of community groups) under the former Crown Lands Act 1989 for existing dedicated or reserved Crown land to become the board members of statutory land managers constituted under that Schedule to manage those lands. The creation of new statutory land managers in the future (as well as the ability to appoint associations and companies as Crown land managers) will enable community groups to continue to be involved in the management of dedicated or reserved Crown land.
Division 3.1 Introduction
3.1   Responsibility for management of Crown land
(1)  The person responsible for the care, control and management of particular dedicated or reserved Crown land is:
(a)  for land with one Crown land manager—the Crown land manager, or
(b)  for land with 2 or more Crown land managers—each of the Crown land managers in accordance with any allocation made under section 3.14.
(2)  The Minister is responsible for the care, control and management of:
(a)  all Crown land that is not dedicated or reserved Crown land, and
(b)  all dedicated or reserved Crown land for which there are no Crown land managers.
Note.
 This subsection does not affect any responsibility of a local council over a public reserve that is Crown land that it has under section 48 of the Local Government Act 1993. See section 1.15 (2).
(3)  This section does not:
(a)  limit the functions of the Minister under this Act or another Act in relation to dedicated or reserved Crown land for which there is a Crown land manager, or
(b)  limit the functions of a person or body taken to be the Crown land manager of dedicated or reserved Crown land for the purposes of this Act because of the operation of another Act, or
(c)  affect a different allocation of management responsibilities made by another provision of this Act.
3.2   Management of parts of Crown land
To avoid doubt, Crown land managers can be appointed and allocated responsibilities under this Part for a part (or different parts) of particular dedicated or reserved Crown land as an alternative to their appointment and allocation for the whole of the land.
Note.
 The Minister is responsible (because of section 3.1 (2) (b)) for the care, control and management of any part of particular dedicated or reserved Crown land for which there is no Crown land manager.
Division 3.2 Appointment of Crown land managers for dedicated or reserved Crown land
3.3   Minister may appoint Crown land managers
(1)  The Minister may, by written instrument (an appointment instrument), appoint one or more qualified persons to be Crown land managers for specified dedicated or reserved Crown land.
(2)  Each of the following is a qualified person for appointment as a Crown land manager:
(a)  a local council,
(b)  a Local Aboriginal Land Council under the Aboriginal Land Rights Act 1983,
(c)  a prescribed body corporate for the purposes of a provision of the Native Title Act 1993 of the Commonwealth,
(d)  a statutory land manager,
(e)  the Ministerial Corporation,
(f)  an association under the Associations Incorporation Act 2009,
(g)  a company under the Corporations Act 2001 of the Commonwealth,
(h)  any other body corporate or corporation constituted by or under another Act,
(i)  the head of a government sector agency.
(3)  A Crown land manager may be appointed to manage more than one area of dedicated or reserved Crown land at a time.
(4)  A corporation constituted by or under another Act appointed as a Crown land manager is authorised to accept the appointment, and to exercise all the functions of a Crown land manager, despite anything in the Act.
(5)  A local council may only be appointed as the Crown land manager of dedicated or reserved Crown land that is wholly or partly within the local government area of another local council with the consent of the other council.
(6)  The appointment of a qualified person as a Crown land manager does not make the person a statutory body representing the Crown if the person is not already one.
3.4   Appointment term
(1)  A Crown land manager is appointed for a term if:
(a)  the term is specified in the Crown land manager’s original appointment instrument, or
(b)  the term is subsequently specified by a notice of the Minister published in the Gazette.
(2)  The Minister may, by notice published in the Gazette, extend the current term of a Crown land manager’s appointment from time to time.
3.5   Content of appointment instrument
(1)  An appointment instrument may, in a manner not inconsistent with this Act, make provision for or with respect to any matter concerning the exercise of the management functions of the Crown land manager.
(2)  Without limiting subsection (1), the appointment instrument may make provision for or with respect to the following:
(a)  the kinds of functions that can (or cannot) be exercised,
(b)  the circumstances in which functions can (or cannot) be exercised,
(c)  conditions or other obligations in relation to the exercise of functions (including reporting requirements),
(d)  any other matter required or permitted by this Act or prescribed by the regulations.
3.6   Appointment cannot take effect unless notified in Gazette
(1)  A Crown land manager’s appointment cannot take effect unless notice of the appointment is published in the Gazette.
(2)  The notice of the appointment must:
(a)  state the name of the appointee, and
(b)  specify the Crown land for which the appointee is the Crown land manager, and
(c)  specify the term (if any) of the appointment, and
(d)  specify any other details about the appointment that may be prescribed by the regulations.
(3)  A corporation can be appointed as a Crown land manager even if it does not yet exist, but only if its appointment takes effect on the day it comes into existence or on a later day specified in the notice of the appointment.
(4)  This section does not apply in relation to an appointment made, or taken to be made, by a provision of this Act or another Act.
3.7   Recording of Crown land manager in Register
(1)  If the Minister requests it, the Registrar-General must:
(a)  record particulars about the appointment of a Crown land manager of dedicated or reserved Crown land that the Registrar-General considers necessary in the folio of the Register for the land, and
(b)  alter or remove a recording about the appointment of a Crown land manager of dedicated or reserved Crown land that does not correctly or accurately state those particulars.
(2)  This section does not limit any power of the Registrar-General under Part 2 or 3 of the Real Property Act 1900 to alter the Register.
3.8   Appointment instruments for managers appointed by Acts
(1)  An appointment instrument may be given to a Crown land manager who has been appointed, or is taken to have been appointed, by a provision of this Act (for example, Schedule 7) or another Act.
Note.
 Schedule 7 provides for certain persons to be appointed as Crown land managers for the purposes of this Act on repeal of the Crown Lands Act 1989.
(2)  The appointment instrument may include any provisions (including in relation to the term of the appointment), not inconsistent with the Act that made the appointment, that can be included in an appointment instrument for a Crown land manager and may be varied accordingly.
3.9   Variation of appointment
The Minister may, by further appointment instrument given to a Crown land manager, vary the Crown land manager’s appointment:
(a)  to include or alter provisions in the instrument in respect of the matters referred to in section 3.5, or
(b)  to allocate, or alter the allocation of, responsibility for the care, control and management of the Crown land concerned if there are one or more other Crown land managers for the land.
3.10   Revocation of appointment
(1)  The Minister may, by notice published in the Gazette, revoke a person’s appointment as a Crown land manager at any time for any or no reason.
(2)  A person whose appointment as a Crown land manager is revoked is not entitled to any compensation for the revocation of the appointment.
Note.
 See Parts 6 and 7 of Schedule 5 for when the Minister dissolves a statutory land manager.
3.11   Change of name does not affect appointment
(1)  A change in the name of a Crown land manager of dedicated or reserved Crown land does not operate to revoke the manager’s appointment.
(2)  Accordingly, the renamed Crown land manager continues to be responsible for the care, control and management of the dedicated or reserved Crown land (including any accounts in authorised deposit-taking institutions or with utility providers, and insurance policies, under its former name).
3.12   End of appointment
(1)  A Crown land manager’s appointment ends if:
(a)  the manager resigns by a written instrument given to the Minister, or
(b)  the manager’s appointment is revoked by the Minister, or
(c)  the manager completes the manager’s term of appointment and is not re-appointed.
Note.
 If the Crown land manager is a statutory land manager with a board, a board member can resign from the board. See clause 13 of Schedule 5.
(2)  A local council or statutory land manager cannot resign as a Crown land manager without the Minister’s consent.
(3)  The Minister may, by notice published in the Gazette, provide for specified assets, rights and liabilities of a person whose appointment is ending or has ended to be transferred to one or more specified persons.
(4)  An asset, right or liability cannot be specified for the purposes of subsection (3) unless the Minister is satisfied that it was created, exercisable or incurred in connection with the exercise of functions as a Crown land manager.
(5)  A person specified for the purposes of subsection (3) must be:
(a)  a public authority, or
(b)  any new Crown land manager of the dedicated or reserved Crown land.
(6)  Schedule 6 applies to a transfer of any asset, right or liability to a person by a notice under this section.
Division 3.3 Functions of Crown land managers generally
Note.
 Section 5.3 (4) provides that the appointment of a Crown land manager of dedicated or reserved Crown land does not limit the Minister’s powers to deal with the land.
3.13   Functions of Crown land managers
(1)  The functions of a Crown land manager of specified dedicated or reserved Crown land are:
(a)  to be the person responsible for the care, control and management of the Crown land for purposes referred to in section 2.12 applicable to the land, and
(b)  to exercise any other functions that are conferred or imposed on the manager by or under this Act or another Act (including by Divisions 3.4 and 3.5).
(2)  The Crown land manager must exercise the manager’s functions in accordance with:
(a)  the provisions of the manager’s appointment instrument and the regulations, and
(b)  if there are 2 or more Crown land managers for the Crown land concerned—in accordance with any allocation of responsibility made by the Minister under section 3.14, and
(c)  any applicable Crown land management rules, and
(d)  any applicable plan of management (whether under the Local Government Act 1993 or Division 3.6), and
(e)  for managers except local councils—the requirements of any community engagement strategy applicable to the manager.
Note.
 See also any guidance materials and handbooks issued by the Department.
(3)  The members of the board or other governing body of a Crown land manager that is not a statutory land manager must, when participating in decision-making concerning the exercise of the manager’s functions, comply with the duties imposed on board members of statutory land managers by Division 4 (Conduct of board members) of Part 4 of Schedule 5.
(4)  Subsection (3) has effect subject to:
(a)  any modifications to the provisions of Division 4 (Conduct of board members) of Part 4 of Schedule 5 prescribed by the regulations, and
(b)  any applicable Crown land management rules, and
(c)  the constitution of, and any other governance provisions applicable to, the Crown land manager under another Act (including a Commonwealth Act) that it is required to comply with.
3.14   Allocation of responsibilities between multiple Crown land managers
(1)  The Minister may allocate the responsibility for the care, control and management of particular dedicated or reserved Crown land for which there are 2 or more Crown land managers in accordance with this section.
(2)  An allocation may be made by:
(a)  the appointment instruments for the managers, or
(b)  a notice published in the Gazette.
(3)  The Minister may allocate different aspects of the responsibility for the care, control and management of the dedicated or reserved Crown land to different Crown land managers.
(4)  An allocation may be made by reference to any one or more of the following factors:
(a)  specified functions relating to the care, control and management of the dedicated or reserved Crown land,
(b)  specified parts of the dedicated or reserved Crown land,
(c)  functions or parts as determined by the Minister from time to time.
(5)  The Minister remains responsible for any aspect of the care, control and management of the dedicated or reserved Crown land for which responsibility has not been allocated.
(6)  Each Crown land manager is responsible only for those aspects of the responsibility for the care, control and management of the Crown land that have been allocated to the manager.
3.15   Crown land management rules
(1)  The Minister may make rules (Crown land management rules), not inconsistent with this Act, for or with respect to the management of dedicated or reserved Crown land by Crown land managers.
(2)  Any Crown land management rules must be published in the Gazette.
(3)  A copy of any Crown land management rules must also be published on the Department’s website. A failure to do so does not, however, affect their validity.
(4)  Sections 42 and 43 of the Interpretation Act 1987 apply to and in respect of any Crown land management rules in the same way as they apply to and in respect of a statutory rule as defined in that Act.
(5)  Without limitation, the Crown land management rules may make provision for or with respect to the following:
(a)  maximum terms for leases, licences or permits that can be granted by Crown land managers (but not so as to exceed any maximum terms imposed by this Act),
(b)  provisions that Crown land managers must or may include in holdings they grant,
(c)  standards of conduct for Crown land managers, and any persons involved in decision-making by Crown land managers, in connection with the exercise of management functions over the Crown land they manage (including applying, whether with or without modifications, the standards of conduct specified by Division 4 of Part 4 of Schedule 5 to Crown land managers that are not statutory land managers with boards),
(d)  setting aside, applying or disposing of amounts received by Crown land managers from sales, leases, easements, licences or other dealings with dedicated or reserved Crown land or as compensation for the compulsory acquisition of that land,
(e)  requiring Crown land managers to pay amounts they receive into the Consolidated Fund or Crown Reserves Improvement Fund or to other Crown land managers,
(f)  the investment of amounts received by Crown land managers (including rights, duties and other functions of managers in connection with investments they make),
(g)  reports and other information to be provided to the Minister,
(h)  environmental standards or considerations to be taken into account in decision-making,
(i)  public access to, and the use (including by the Aboriginal people of the State) of, dedicated or reserved Crown land,
(j)  compliance with heritage requirements and with other requirements for the protection of dedicated or reserved Crown land,
(k)  any other matters prescribed by the regulations.
3.16   Application of proceeds of managed Crown land
(1)  The net amount of the proceeds of dedicated or reserved Crown land managed by a Crown land manager must be applied by the manager for a permitted purpose for the land.
(2)  A Crown land manager of more than one area of dedicated or reserved Crown land may pool the net amount of the proceeds for some or all of those areas and apply the pooled funds for any permitted purpose for any of those areas.
(3)  Each of the following is a permitted purpose for land:
(a)  the purpose of making improvements to the land,
(b)  the purpose of purchasing, leasing or acquiring an easement over land under section 3.28A,
(c)  the purpose of preparing plans of management (whether under Division 3.6 or the Local Government Act 1993) or other plans (as required or permitted by the Minister under section 3.41) for land managed by the Crown land manager,
(d)  any other purpose referred to in section 2.12 that applies to the land.
(4)  This section applies except to the extent that any of the following provide differently:
(a)  the manager’s appointment instrument,
(b)  the Crown land management rules,
(c)  the regulations,
(d)  a plan of management under Division 3.6 for the land.
(5)  In this section:
proceeds of dedicated or reserved Crown land means any amounts received by a Crown land manager from sales, leases, easements, licences or other dealings with the land or as compensation for the compulsory acquisition of the land (whether wholly or partly).
3.17   Application of certain special provisions to Crown land managers
(1)  Each of the following provisions extends to leases, licences, permits, easements or rights of way granted by Crown land managers as if references in those sections to the Minister were references to a Crown land manager:
(a)  section 2.19 (Secondary interests in dedicated or reserved Crown land),
(b)  section 2.20 (Short-term licences over dedicated or reserved Crown land).
Note.
 Section 2.25 (Notice of challenges to validity of interests in dedicated or reserved Crown land) also applies in relation to Crown land managers.
(2)  Subsection (1) does not authorise a Crown land manager to grant anything without the Minister’s consent if another provision of this Part requires the Minister’s consent.
(3)  Despite any other provision of this Act, a Crown land manager cannot exercise any of the Minister’s functions under section 2.18 (Special provisions relating to Minister’s powers over dedicated or reserved Crown land).
3.18   Delegation of functions with Ministerial approval
(1)  A Crown land manager of dedicated or reserved Crown land may delegate to another person any of the manager’s functions in relation to the land, but only if the delegation to that person (or to a class of persons to which the person belongs) has been approved by the Minister.
(2)  Despite subsection (1), the following functions cannot be delegated:
(a)  the power of delegation conferred by subsection (1),
(b)  any other function excluded by the regulations.
3.19   Reports and information on other matters
(1)  The Minister may, by written direction given to a Crown land manager, require the manager to provide the Minister with reports or other information on specified matters (at the times specified) concerning the exercise of the manager’s management functions.
(2)  This section does not limit or affect any other reporting requirements imposed on Crown land managers by this Part.
Division 3.4 Crown land managed by councils
Note.
 Part 8 includes provisions that are applicable to council managers concerning the management of land over which there may be native title rights and interests.
3.20   Application of Division
(1)  This Division applies in relation to any local council that is a Crown land manager of dedicated or reserved Crown land (a council manager).
Note.
 See Division 4.2 in relation to the powers and other functions of councils in which Crown land is vested under that Division.
(2)  This Division applies despite anything in the Local Government Act 1993.
(3)  The regulations may make provision for or with respect to the modification of the provisions of the Local Government Act 1993 applicable under this Division to council managers.
3.21   Management in accordance with Local Government Act 1993
(1)  A council manager is authorised to classify and manage its dedicated or reserved Crown land as if it were public land within the meaning of the Local Government Act 1993, subject to this Division.
Note.
 The term public land (as defined by the Local Government Act 1993) excludes land to which this Act applies even if it is vested in or under the control of a local council. The Act also requires local councils to classify their public lands as either community land or operational land and manage the land accordingly.
(2)  Accordingly, a council manager is also authorised to manage its dedicated or reserved Crown land as if it were community land or operational land, but only as permitted or required by this Division.
Note.
 For example, requirements relating to reporting and plans of management will generally be as provided by the Local Government Act 1993 rather than this Act.
3.22   Functions of council managers
(1)  Except as provided by subsection (2) or (3), a council manager of dedicated or reserved Crown land:
(a)  must manage the land as if it were community land under the Local Government Act 1993, and
(b)  has for that purpose all the functions that a local council has under that Act in relation to community land (including in relation to the leasing and licensing of community land).
(2)  A council manager of dedicated or reserved Crown land that is a public reserve (as defined in the Local Government Act 1993):
(a)  must manage the land as a public reserve under that Act, and
(b)  has for that purpose all the functions that a local council has under that Act in relation to a public reserve.
Note.
 Section 2.22 enables the Minister to assume responsibility from a local council for the care, control and management of dedicated or reserved Crown land that is a public reserve.
(3)  A council manager of dedicated or reserved Crown land that is classified, with the written consent of the Minister under this section, as operational land under the Local Government Act 1993:
(a)  must manage the land as if it were operational land under that Act, and
(b)  has for that purpose all the functions that a local council has under that Act in relation to operational land.
(4)  However, a council manager of dedicated or reserved Crown land cannot:
(a)  sell or dispose of the land in any other way unless the Minister gives written consent for it, or
(b)  classify the land as operational land under the Local Government Act 1993 unless the Minister gives written consent for it, or
(c)  do any other thing under the Local Government Act 1993 that would involve a contravention of a provision of this Act that applies to council managers, or
(d)  do anything that contravenes:
(i)  any limitations or other restrictions specified by the provisions of the manager’s appointment instrument, or
(ii)  the regulations, or
(iii)  any applicable Crown land management rules, or
(iv)  any applicable plan of management under Division 3.6 (if there is no requirement for a plan of management under the Local Government Act 1993).
(5)  The Minister may give written consent under subsection (4) (b) for the classification of land as operational land only if the council manager satisfies the Minister that:
(a)  the land does not fall within any of the categories for community land under the Local Government Act 1993, or
(b)  the land could not continue to be used and dealt with as it currently can if it were required to be used and dealt with as community land.
3.23   Management of land as community land
(1) Application This section applies to a council manager that is required by this Division to manage dedicated or reserved Crown land as if it were community land under the Local Government Act 1993.
(2) Initial assignment of categories The council manager must, as soon as practicable after it becomes the manager of the dedicated or reserved Crown land (including because of the operation of Schedule 7), assign the land to one or more categories of community land referred to in section 36 of the Local Government Act 1993.
Note.
 Section 36 (4) of the Local Government Act 1993 requires a draft plan of management for community land to categorise the land by reference to one or more of the following categories:
(a)  a natural area,
(b)  a sportsground,
(c)  a park,
(d)  an area of cultural significance,
(e)  general community use.
It also enables land that is categorised as a natural area to be further categorised as bushland, wetland, escarpment, watercourse, foreshore or a category prescribed by the regulations under that Act (or a combination of these).
(3)  The assigned category or categories must be those that the council considers to be the category or categories that are most closely related to the purposes for which the land is dedicated or reserved.
(4)  The council manager must give written notice to the Minister of the categories to which it has assigned the land as soon as practicable after assigning them.
(5)  The Minister may, by written notice given to the council manager, require the manager to alter an assigned category if the Minister considers that:
(a)  the assigned category is not the most closely related to the purposes for which the land is dedicated or reserved, or
(b)  the management of the land by reference to the assigned category is likely to materially harm the use of the land for any of the purposes for which it is dedicated or reserved.
(6) Adoption of plans of management Plans of management for the land are to be prepared and adopted in accordance with the provisions of Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993, subject to this section.
(7)  The following provisions apply during the period of 3 years after the commencement of this section (the initial period):
(a)  a council manager must ensure that the first plan of management applicable to the land is adopted as soon as practicable within the initial period,
(b)  the first plan of management may be prepared and adopted under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993 by:
(i)  amending an existing plan of management so that it applies to the land, or
(ii)  adopting a new plan of management for, or that includes, the land,
(c)  if the draft first plan of management results in the land being categorised by reference to categories assigned as provided by this section, the council manager will not be required to hold public hearings under section 40A of the Local Government Act 1993, but must give public notice of it as required by section 38 of that Act,
(d)  if the draft first plan of management alters the categories assigned as provided by this section, the council manager must:
(i)  obtain the written consent of the Minister to adopt the plan if the re-categorisation would require an addition to the purposes for which the land is dedicated or reserved, and
(ii)  hold public hearings under section 40A of the Local Government Act 1993,
(e)  section 37 (b), (c) and (d) of the Local Government Act 1993 do not apply to the first plan of management,
(f)  section 44 of the Local Government Act 1993 applies to the land pending the adoption of a plan of management,
(g)  this subsection does not apply to any further plans of management (or amendments to plans of management) made during the initial period.
(8)  To avoid doubt, Chapter 6 of the Local Government Act 1993 (except section 37 (b), (c) and (d)) will apply to plans of management made after the first plan of management is made during the initial period.
(9) Alteration of land categorisation The categorisation of land by a plan of management cannot be altered by a further plan of management unless the Minister has given written consent for the further plan to alter it.
(10)  The Minister cannot give written consent to the alteration of the categorisation of land if the Minister considers that the alteration is likely to materially harm the use of the land for any of the purposes for which it is dedicated or reserved.
(11)  A written consent given by the Minister to the alteration of the categorisation of land operates as if the Minister had authorised the land to be used for additional purposes under section 2.14 that correspond to the purposes for which community land of that category can be used.
(12)  An additional purpose taken to be authorised by subsection (11) does not cease to be an authorised purpose for which the land is dedicated or reserved if the council manager concerned ceases to be the Crown land manager of the land.
Division 3.5 Crown land managed by other managers
3.24   Application of Division
(1)  This Division applies in relation to a person (except a local council) that is a Crown land manager of dedicated or reserved Crown land (a non-council manager).
(2)  A non-council manager of dedicated or reserved Crown land has the authority to exercise functions of the Minister in relation to the land only in the way permitted by this Division for the category of manager to which the non-council manager has been assigned.
(3)  Any authority to exercise a function of the Minister in relation to dedicated or reserved Crown land conferred on its non-council manager by this Division does not authorise the manager to do anything that contravenes:
(a)  any limitations or other restrictions specified by the provisions of the manager’s appointment instrument, or
(b)  the regulations, or
(c)  any applicable Crown land management rules, or
(d)  any applicable plan of management under Division 3.6.
(4)  The exercise of a function of the Minister in relation to dedicated or reserved Crown land by its non-council manager authorised by this Division has the same effect as if it had been duly done by the Minister under this Act.
3.25   Categories of non-council managers
(1)  The authority of a non-council manager to exercise functions of the Minister in connection with dedicated or reserved Crown land depends on whether the manager has been assigned as a category 1 or category 2 manager.
(2)  A non-council manager may be assigned (or reassigned) to a particular category of manager by:
(a)  the manager’s appointment instrument, or
(b)  a notice published in the Gazette, or
(c)  the regulations.
(3)  Any notice or regulation for the purposes of subsection (2) may assign a non-council manager specifically or by class.
(4)  If a non-council manager’s appointment instrument and the regulations (or a notice published in the Gazette) assign the manager to different categories, the assignment made by the appointment instrument is to prevail unless the regulations (or notice) exclude the operation of this subsection.
(5)  A non-council manager is taken to be assigned as a category 2 manager if the manager has not been assigned to a particular category of manager under subsection (2).
3.26   Exercise of functions by category 1 non-council managers
(1)  A non-council manager of dedicated or reserved Crown land assigned to category 1 may, with the written consent of the Minister, exercise any of the functions of the Minister over the land.
Note.
 Part 8 includes provisions that are applicable to category 1 non-council managers concerning the management of land over which there may be native title rights and interests.
(2)  Despite subsection (1), the non-council manager is not required to obtain the Minister’s consent for the exercise of any of the following functions of the Minister:
(a)  granting leases or licences for a term of 10 years or less (including any option for the grant of a further term),
(b)  granting easements in connection with these leases or licences,
(c)  making minor changes to leases or licences under section 3.28,
(d)  any other kind of functions authorised by the manager’s appointment instrument, the regulations or an applicable plan of management under Division 3.6.
(3)  A non-council manager that grants a lease or licence for a term of more than one year without the Minister’s written consent must give the Minister written notice of the grant of the lease or licence within 14 days after it is granted. A failure to comply with this subsection does not, however, affect the validity of the lease or licence.
(4)  A non-council manager must indemnify the State against any liability that the manager may incur as a result of the manager doing any of the following unless the manager sought and obtained the written consent of the Minister before doing it:
(a)  granting a lease or licence (including any easements granted in connection with it),
(b)  changing a lease, licence or easement that the manager (or a previous manager) has granted.
3.27   Exercise of functions by category 2 non-council managers
(1)  A non-council manager of dedicated or reserved Crown land assigned to category 2 may, with the written consent of the Minister, exercise any of the functions of the Minister over the land.
(2)  Despite subsection (1), the non-council manager is not required to obtain the Minister’s consent for the exercise of any of the following functions of the Minister:
(a)  granting of short-term licences under section 2.20,
(b)  making minor changes to leases or licences under section 3.28,
(c)  any other kind of functions authorised by the manager’s appointment instrument, the regulations or an applicable plan of management under Division 3.6.
3.28   Minor changes to leases or licences do not require Ministerial consent
(1)  A non-council manager may make minor changes to leases or licences that the manager (or a previous manager) has granted over dedicated or reserved Crown land under the manager’s management.
(2)  A minor change to a lease or licence over dedicated or reserved Crown land is a change that does not result in a change to any of the following:
(a)  the rent payable for the lease or licence,
(b)  the term for which the lease or licence will be in force (including any option to renew),
(c)  provisions relating to insurance,
(d)  provisions relating to native title rights and interests or claims under the Aboriginal Land Rights Act 1983,
(e)  provisions relating to the holder making good any damage to the land or structures on it,
(f)  provisions relating to works undertaken by the holder for which consent is required,
(g)  provisions relating to the termination or revocation of the lease or licence.
3.28A   Acquisition of non-Crown land and certain interests in non-Crown land
(1) When land and interests can be acquired A non-council manager of dedicated or reserved Crown land may, with the Minister’s written consent, purchase, lease or acquire an easement over any other land if it is required for use in connection with the dedicated or reserved Crown land.
(2)  A non-council manager may also, with the Minister’s written consent, purchase any land so as to make it available for one or more proposed future uses as dedicated or reserved Crown land.
Note.
 Section 4.4 enables the Minister to declare land to be Crown land if it is land acquired by a Crown land manager in the capacity of the Crown land manager of dedicated or reserved Crown land.
(3)  The Minister is to specify the proposed uses for land in a written consent given under subsection (2).
(4)  Land that is purchased or leased (or over which an easement is acquired) under this section does not have to be dedicated or reserved Crown land.
(5) How acquired land to be managed Subject to the regulations, the non-council manager must manage any land it purchases or leases (or over which an easement is acquired) under this section as if it were:
(a)  for land purchased or leased (or over which an easement is acquired) under subsection (1)—Crown land reserved or dedicated for the same purposes as the dedicated or reserved Crown land, and
(b)  for land purchased under subsection (2)—Crown land reserved for the purposes of the proposed uses specified in the Minister’s written consent for the purchase.
(6)  The regulations may make provision for or with respect to the modification of the provisions of this Act in their application to land that is purchased or leased (or over which an easement is acquired) under this section.
(7) Minister may direct sale of land or interests that are no longer needed The Minister may, by written notice given to the non-council manager, direct the manager to sell any land (or interest in land) acquired under this section if the Minister is satisfied that the land is no longer needed for the purposes for which it was acquired.
(8)  The direction may authorise the non-council manager to apply the proceeds of the sale:
(a)  for the purposes of the management and care of any dedicated or reserved Crown land that is managed by the manager, or
(b)  for the purpose of acquiring other land.
(9)  The non-council manager must comply with the direction.
(10) Effect of section on non-management functions Nothing in this section limits any power that a non-council manager has apart from this section to acquire land (or interests in land) when it is not exercising the functions of a non-council manager.
Note.
 For example, a non-council manager may be a corporation that has other functions apart from being a non-council manager. In that case, this section does not limit the corporation’s power to acquire land in exercise of its other functions.
3.29   Community advisory groups
(1)  The Minister may direct some or all non-council managers to establish community advisory groups for dedicated or reserved Crown land under their management.
(2)  The regulations may make provision for or with respect to the following:
(a)  the giving of directions to establish community advisory groups,
(b)  the membership, procedures and functions of community advisory groups.
3.30   Annual reports
(1)  As soon as practicable after 30 June (but on or before 31 October) of each year, a non-council manager must provide the Minister with a report (an annual report) on the manager’s management operations for the period ending on 30 June in that year.
(2)  The annual report must contain the information and other matters that may be prescribed by the regulations.
(3)  Without limiting subsection (2), the regulations may make provision for or with respect to the following:
(a)  the form of annual reports,
(b)  reviews to be conducted for inclusion in annual reports (including, for example, reviews of governance and financial management),
(c)  financial auditing requirements,
(d)  information for inclusion in annual reports about the financial position of non-council managers and their exercise of functions (for example, dealings with land under the management of non-council managers),
(e)  the publication of annual reports to enable public access,
(f)  directions by the Minister concerning any of these matters.
(4)  Without limiting section 42 of the Interpretation Act 1987, the regulations may impose different reporting obligations on non-council managers by reference to the category of non-council manager to which they are assigned under section 3.25.
(5)  The Annual Reports (Departments) Act 1985 and Annual Reports (Statutory Bodies) Act 1984 do not apply to annual reports by non-council managers concerning the exercise of their functions as Crown land managers.
3.31   Record keeping
(1)  A non-council manager must:
(a)  keep any records (including accounting records) in accordance with the regulations, and
(b)  provide the Minister or an authorised officer with these records (or copies of or extracts from these records) for inspection and copying if directed to do so or as required by the regulations.
(2)  Without limiting subsection (1), the regulations may make provision for or with respect to the following:
(a)  the form in which records are to be kept,
(b)  the inspection of records (including by members of the public),
(c)  the retention of records by persons who have ceased to be non-council managers,
(d)  exemptions from the requirement to keep records.
Division 3.6 Plans of management and other plans
3.32   Application of Division
(1)  This Division applies to each of the following Crown land managers (an applicable Crown land manager):
(a)  a non-council manager,
(b)  a council manager (but only if it is not required to have a plan of management under the Local Government Act 1993 for dedicated or reserved Crown land under its management).
(2)  This Division applies despite anything in the Local Government Act 1993.
3.33   Preparation of draft plan of management
(1)  The Minister may direct an applicable Crown land manager to prepare a draft plan of management for dedicated or reserved Crown land under the manager’s management.
(2)  An applicable Crown land manager may, with the consent of the Minister, prepare a draft plan on the manager’s own initiative.
(3)  A draft plan of management may, with the approval of the Minister, specify one or more purposes for which it is proposed to use the dedicated or reserved Crown land in addition to the purposes for which it is currently dedicated or reserved.
(4)  If a draft plan of management is prepared on an applicable Crown land manager’s initiative, the manager must forward a copy of the draft plan to the Minister.
(5)  If the Minister directs an applicable Crown land manager to prepare a draft plan of management, the manager must:
(a)  prepare it within the time directed by the Minister, and
(b)  forward a copy of it to the Minister.
(6)  The draft plan of management must be in the form, and provide for the matters, that may be required by the Minister and must be prepared in accordance with any guidelines made by the Minister under this Division.
(7)  An applicable Crown land manager of more than one area of dedicated or reserved Crown land may prepare a single draft plan of management for all the land under the manager’s management.
3.34   Guidelines for draft plans of management
(1)  The Minister may, by order published in the Gazette, make guidelines for or with respect to draft plans of management, including but not limited to the content and duration of plans.
(2)  Without limitation, the guidelines may include environmental principles and principles to facilitate the use of land by Aboriginal people that must be taken into account by applicable Crown land managers when preparing draft plans of management.
(3)  The Minister must:
(a)  provide a copy of any guidelines for dedicated or reserved Crown land to the applicable Crown land managers affected by the guidelines, and
(b)  publish the guidelines in the Gazette.
(4)  The Minister may make any other arrangements that the Minister considers necessary to ensure that the guidelines are readily accessible to the public.
(5)  A failure to comply with subsection (3) does not affect the validity of any guidelines made under this section.
3.35   Community engagement on draft plan of management
An applicable Crown land manager must undertake any community engagement on a draft plan of management required by a community engagement strategy.
3.36   Adoption of plan of management
(1)  The Minister may adopt a plan of management for dedicated or reserved Crown land without alteration or with any alterations that the Minister thinks fit.
(2)  If community engagement was required to be undertaken on the draft plan of management, the Minister cannot adopt a plan of management that provides for the dedicated or reserved Crown land to be used for purposes in addition to the purposes for which it is currently dedicated or reserved unless the Minister is satisfied that:
(a)  the additional purposes were in the draft plan when the community engagement was undertaken, or
(b)  the additional purposes were altered from those in the draft plan following representations made during the community engagement.
(3)  If a plan of management is adopted:
(a)  the applicable Crown land manager concerned must carry out and give effect to it, and
(b)  no activities may be undertaken on or in relation to the dedicated or reserved Crown land to which it relates unless they are in accordance with the plan, and
(c)  the applicable Crown land manager must ensure that all leases or licences over the dedicated or reserved Crown land that the manager grants include a provision that requires their holders to comply with the requirements of any plan of management in force for the land from time to time that are relevant to the holders’ use or occupation of the land.
3.37   Alteration or cancellation of plan
(1)  The Minister may from time to time alter a plan of management adopted under this Division or may cancel the plan.
(2)  If a plan of management is cancelled, a new plan of management may be adopted, at the same time or later, in accordance with this Division.
(3)  The Minister may direct that a proposed alteration of a plan be prepared and the alteration is to be prepared, referred and adopted as if it were a plan of management.
(4)  The plan as altered becomes the plan adopted for the purposes of this Division.
(5)  In this section:
alter a plan of management includes omit any provisions of the plan.
3.38   Land may be used for additional purposes approved in plan of management
Dedicated or reserved Crown land can be used for a purpose specified in a plan of management as a purpose that is additional to the purposes for which the land is dedicated or reserved.
3.39   Approvals of activities under Local Government Act 1993 must comply with plans of management
A local council cannot grant an approval for an activity under Part 1 of Chapter 7 of the Local Government Act 1993 that authorises or requires a person to do (or not to do) anything on or in relation to dedicated or reserved Crown land that would result in a contravention of a plan of management for the land.
3.40   Publication of plans of management
(1)  A copy of a plan of management in force for dedicated or reserved Crown land must be published on the Department’s website or in any other way directed by the Secretary. A failure to do so does not, however, affect the validity of the plan.
(2)  An applicable Crown land manager of the dedicated or reserved Crown land may also publish a copy on the manager’s own website (if any).
3.41   Other plans
(1)  In addition to a plan of management, the Minister may do any of the following:
(a)  require or permit an applicable Crown land manager of dedicated or reserved Crown land to prepare one or more other plans for the management of the land,
(b)  require an applicable Crown land manager to submit a draft plan to the Minister for approval before it is adopted,
(c)  require an applicable Crown land manager to provide a copy of a plan the manager has made to the Minister even if it does not require the Minister’s approval.
Note.
 Other kinds of plans could include, for example, strategic, financial or business plans.
(2)  If a plan requires the Minister’s approval before it is adopted, an applicable Crown land manager can adopt the plan under this section only with the approval of the Minister. The Minister may require changes to the plan before giving approval.
(3)  The applicable Crown land manager must inform the Minister when the manager intends to exercise functions in a manner inconsistent with an adopted plan. A failure to do so does not, however, affect the validity of the exercise of the function.
Division 3.7 General
3.42   Effect of sale of dedicated or reserved Crown land by Crown land managers
(1)  Any dedicated or reserved Crown land that is sold and conveyed by a Crown land manager results in the purchaser obtaining the land free from all trusts to which it was subject while it was dedicated or reserved.
(2)  Also, the dedication or reservation of the land is revoked to the extent to which it affected the land before its conveyance.
3.43   Termination of certain leases and licences granted by Crown land managers
(1)  A lease or licence granted by a Crown land manager over dedicated or reserved Crown land terminates if the dedication or reservation over the whole or part of the land is revoked unless the notice of revocation provides differently.
(2)  If a proposed revocation would affect only part of the land under a lease or licence, the Crown land manager and the holder of the lease or licence may agree that the lease or licence is to continue in force as if it had never been granted in relation to that part.
(3)  If an agreement is entered under subsection (2), the lease or licence:
(a)  does not terminate, and
(b)  continues in force, from the time of the revocation, in accordance with the agreement.
(4)  No compensation is payable for the termination of a lease or licence by operation of this section.
3.44   Preservation of certain leases and licences over land added to other dedicated or reserved Crown land
(1)  This section applies to a lease or licence over dedicated or reserved land granted by a Crown land manager if the land under the lease or licence is added to other dedicated or reserved Crown land.
(2)  The lease or licence over the land continues in force as if:
(a)  the land had continued to be dedicated or reserved for the same purposes, and
(b)  the lease or licence had been granted by the Crown land manager of the land to which it is added.
(3)  This section applies despite section 3.43 or any term or condition of the lease that provides differently.
3.45   Inquiries and audits of affairs of Crown land managers
(1)  The Minister may appoint a person to inquire into, or carry out an audit of, the affairs of any Crown land manager in connection with exercise of the manager’s functions.
(2)  The person appointed may, for the purposes of the inquiry or audit:
(a)  inspect and take copies of or extracts from any records (including accounting records) of the manager, or
(b)  require any person concerned in the management of the manager to give information and answer questions relating to the affairs of the manager.
(3)  The power of the appointed person to inspect the records of a manager includes the power to inspect any records of the holder of a lease or licence that the manager has power to inspect under the lease or licence.
(4)  A person must not:
(a)  refuse or fail to allow the appointed person access to records to which the appointed person is entitled, or
(b)  refuse or fail to give information or answer questions, as required by the appointed person, or
(c)  intentionally obstruct or delay the appointed person in the exercise of a function under this section.
Maximum penalty: 100 penalty units.
(5)  It is a defence to the prosecution of an offence against subsection (4) if the defendant proves that there was a lawful excuse for the conduct that is alleged to give rise to the offence.
3.46   Compensation not generally payable for conduct of Crown land managers
(1)  Compensation is not payable by or on behalf of the State for the conduct of a Crown land manager in the exercise (or purported exercise) of functions under this Act in respect of dedicated or reserved Crown land under the manager’s management.
Note.
 See also Division 8.4 for the compensation responsibilities of certain Crown land managers for their conduct when it affects native title rights and interests.
(2)  Subsection (1) does not extend to any liability of the State for the conduct of a Crown land manager if:
(a)  the conduct has been specifically approved or required by the Minister, or
(b)  the manager is the head of a government sector agency or a statutory body representing the Crown.
(3)  In this section:
conduct includes any conduct, whether unconscionable, misleading, deceptive or otherwise.
the State means the Crown as defined in the Crown Proceedings Act 1988, and includes a government sector agency and an officer, employee or agent of the Crown or a government sector agency.