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Contents (2016 - 58)
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Crown Land Management Act 2016 No 58
Current version for 1 July 2019 to date (accessed 22 September 2019 at 19:46)
Part 4
Part 4 Acquisition of land and vesting of Crown land
Introductory note.
 This Part enables:
(a)  the Minister to acquire land for the purposes of this Act (including by way of gifts), and
(b)  the Minister to declare certain land to be Crown land, and
(c)  the Minister to vest Crown land in local councils and certain other government agencies, and
(d)  the owner of land, or the holder of a holding, to surrender it to the Crown.
Division 4.1 Acquisition of land generally
4.1   Power of Minister to accept gifts of land
(1)  The Minister may acquire any land by gift for the purposes of this Act and may agree to the conditions of the gift.
(2)  Land acquired under this section:
(a)  becomes Crown land, and
(b)  cannot be dealt with in contravention of a condition to which the Minister has agreed.
Note.
 See section 1.10 (When land becomes Crown land because of this Act).
(3)  The rule of law against remoteness of vesting does not apply to any condition to which the Minister has agreed.
(4)  Without limiting subsection (1), the Minister may agree to conditions that involve:
(a)  excluding members of the public from the land, or
(b)  excluding or limiting the exercise of functions under this Act in respect of the land.
(5)  Despite anything in this Act, another Act or any rule of law:
(a)  the Minister may transfer land acquired under this section (or grant a lease, permit, licence, easement or right of way over the land) in accordance with an agreed condition, and
(b)  the land may be transferred (or the lease, permit, licence, easement or right of way may be granted) without consideration or, if the condition provides, for the consideration that is provided for by the condition.
(6)  If an agreed condition provides for it, the Minister may pay the cost (or part of the cost) of the transfer of the land to the Minister and any subsequent dealing with the land.
(7)  A condition of a gift has no effect for the purposes of this section unless it is expressed in writing in the agreement or instrument that provides for the gift.
(8)  In this section:
gift includes a devise or bequest.
4.2   Acquisition of land for public purpose
(1)  The Minister may acquire land (including an interest in land), for any public purpose, by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(2)  For the purposes of the Public Works and Procurement Act 1912, the acquisition of land is taken to be for an authorised work and the Minister is, in relation to that authorised work, taken to be the Constructing Authority.
(3)  Sections 34, 35, 36 and 37 of the Public Works and Procurement Act 1912 do not apply in respect of works constructed under this Act.
4.3   Surrender of land or lease
(1)  The owner of any land or the holder of any lease under this Act may, with the consent of the Minister, surrender the whole or a part of the land or lease to the Crown.
(2)  A surrender does not operate to extinguish any debt.
(3)  On the surrender, the land or the land leased (to the extent to which it is not Crown land) becomes Crown land.
Note.
 See section 1.10 (When land becomes Crown land because of this Act).
(4)  The Secretary may adjust the rent for a lease on surrender of part of the land leased with the agreement of the holder of the lease.
4.4   Certain land may be declared to be Crown land
(1)  This section applies to any of the following land even if it was acquired before this section’s commencement:
(a)  land acquired by compulsory process for any public purpose and vested in a Minister on behalf of the Crown by or under the authority of an Act,
(b)  land acquired by or on behalf of the Crown by gift or in any other way,
(c)  land acquired by compulsory process and vested in a public authority (or acquired by or vested in a public authority in any other way) by or under the authority of an Act,
(d)  land acquired by a Crown land manager in the capacity of the Crown land manager of dedicated or reserved Crown land (including if it is acquired by or transferred to the manager under section 14 of the Cemeteries and Crematoria Act 2013).
(2)  The Minister may, by notice published in the Gazette, declare the land to be Crown land.
(3)  A declaration may:
(a)  be limited to the surface of the land or to the surface and a stated depth below the surface, and
(b)  contain provisions relating to the discontinuation or continuation of any interests affecting the land.
(4)  A declaration cannot be made in relation to land vested in or acquired by or on behalf of a public authority without the consent of the public authority.
(5)  Land declared to be Crown land under this section becomes Crown land.
Note.
 See section 1.10 (When land becomes Crown land because of this Act).
Division 4.2 Vesting of Crown land in local councils
Note.
 Part 8 includes provisions concerning the management of land vested in local councils over which there may be native title rights and interests.
4.5   Interpretation
(1)  In this Division:
transferable Crown land means dedicated or reserved Crown land or any other Crown land, but does not include:
(a)  land dedicated or reserved under the National Parks and Wildlife Act 1974 or declared to be a wildlife refuge under that Act, or
(b)  land that an Act (except the National Parks and Wildlife Act 1974 or this Act) provides is:
(i)  to be used for a purpose referred to in that other Act, or
(ii)  not to be used for any purpose except a purpose referred to in that other Act.
(2)  This Division applies despite anything in the Local Government Act 1993.
4.6   Vesting of transferable Crown land in local councils
(1)  The Minister may, by notice published in the Gazette (a council vesting notice), vest specified transferable Crown land in a local council if:
(a)  the land is wholly located within the local government area of the council, and
(b)  the council has agreed, and
(c)  for land for which a claim has been made under the Aboriginal Land Rights Act 1983—written consent for the vesting of the land has been given by:
(i)  the Local Aboriginal Land Council for the Local Aboriginal Land Council area (as defined in that Act) in which the land is located, and
(ii)  where the claim is made by the New South Wales Aboriginal Land Council—the New South Wales Aboriginal Land Council, and
(d)  the Minister is satisfied, after taking into account the criteria prescribed or identified by regulations made for the purposes of subsection (2), that the land is suitable for local use.
(2)  The regulations may make provisions for or with respect to the criteria to be applied in determining whether transferable Crown land is suitable for local use.
4.7   Content of council vesting notices
(1)  A council vesting notice may limit the vesting of the transferable Crown land to:
(a)  the surface of the land, or
(b)  the surface of the land and a stated depth below the surface.
(2)  A council vesting notice:
(a)  must include a reservation to the Crown of all minerals in the transferable Crown land, and
(b)  may include any other reservations and exceptions that the Minister considers to be in the public interest.
4.8   Classification of vested land under Local Government Act 1993
(1)  Transferable Crown land vested in a local council under this Division is taken to have been acquired by the council as community land under the Local Government Act 1993 on its vesting, except as provided by subsection (2).
(2)  The Minister may, in a council vesting notice, declare that the land to which it applies is to be acquired by the local council concerned as operational land under the Local Government Act 1993 on its vesting.
(3)  The Minister may make a declaration under subsection (2) only if the council 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.
4.9   Effect of vesting
(1)  A local council in which transferable Crown land is vested under this Division obtains an estate in fee simple in the land, subject to this section.
(2)  A vesting of land under this Division takes effect subject to:
(a)  any native title rights and interests existing in relation to the land immediately before the vesting, and
(b)  any reservations and exceptions contained in the council vesting notice for the land.
(3)  The following provisions apply if the land is not excluded land when it is vested until it becomes excluded land:
(a)  for land that was dedicated or reserved for one or more purposes immediately before its vesting—the land continues to be dedicated or reserved for the purposes for which it had been dedicated or reserved,
(b)  the land cannot be sold or disposed of in any way.
(4)  The following provisions apply to land that is excluded land when it is vested, or becomes excluded land after its vesting, if it was dedicated or reserved for one or more purposes immediately before the vesting:
(a)  for land that is section 24FA protected land:
(i)  the land continues to be dedicated or reserved for those purposes until it becomes excluded land for some other reason, and
(ii)  the dedication or reservation is revoked despite subparagraph (i) if the land is sold or disposed of in any other way while it is protected,
(b)  for land that becomes excluded land (except section 24FA protected land) after its vesting—the dedication or reservation is revoked when it becomes excluded land.
Note.
 If land is excluded land (except section 24FA protected land) when it is vested, subsection (6) revokes the dedication or reservation on its vesting.
(5)  Subsections (3) (a) and (4) (a) do not prevent a local council from using the land in accordance with the Local Government Act 1993.
(6)  Except as provided by subsections (3) and (4), on the vesting of land in a local council under this Division:
(a)  the land ceases to be Crown land, and
(b)  any dedication or reservation is revoked to the extent to which it affects the land, and
(c)  if the land is subject to a condition, trust or proviso contained in the Crown grant, or contained or referred to in a folio of the Register created for the land—the local council is released from it except to the extent specified in the council vesting notice, and
(d)  if a person was a trustee of all or any part of the land immediately before it vested, the person ceases to be a trustee of the land, and
(e)  if a person was a Crown land manager of the land, the person ceases to be the manager of the land, and
(f)  if there is a lease or licence over the land in force immediately before the land vested, the lease or licence continues in force as if it were a lease or licence granted by the council and has effect despite any provisions of the lease or licence, or any Act or other law, to the contrary.
(7)  To avoid doubt, a local council in which Crown land is vested under this Division becomes entitled to any income generated by the land on or after its vesting.
(8)  The revocation of a dedication or reservation of land by this section does not operate to revoke a Crown grant or certificate of title issued, or a folio of the Register created, for that land.
(9)  No compensation is payable for the extinguishment of any estates, interests, trusts or obligations (or the abolition of any office or other position) because of the operation of this section.
(10)  A vesting of land under this Division is taken to be an act to which section 104A of the Native Title (New South Wales) Act 1994 applies.
(11)  In this section:
excluded land is defined in Part 8.
section 24FA protected land means an area of land to which section 24FA protection (as defined in the Native Title Act 1993 of the Commonwealth) applies.
4.10   Registrar-General to record certain information about vested land
The Registrar-General must, when requested by the Minister, record information in the Register to indicate that:
(a)  land that has been vested in a local council under this Division is held subject to native title rights and interests or any other restrictions, reservations or exceptions referred to in section 4.9 (2), (3), (4) or (6), or
(b)  a recording made following a previous request has ceased to have effect.
Division 4.3 Vesting of Crown land in other government agencies
4.11   Application of Division
(1)  This Division applies in relation to the following persons or bodies (a government agency):
(a)  a Minister, or an agency of the State, with express power under an Act to hold land in the exercise of the Minister’s or agency’s functions, including:
(i)  a State owned corporation, and
(ii)  any other statutory corporation prescribed (or of a kind prescribed) by the regulations,
(b)  an agency of the Commonwealth capable of holding property in its own name.
(2)  This Division does not:
(a)  apply in relation to a local council (which is dealt with by Division 4.2), or
(b)  limit the application of the Government Property NSW Act 2006.
(3)  In this Division, transferable Crown land has the same meaning as in Division 4.2.
4.12   Vesting of transferable Crown land in government agency
The Minister may, by notice published in the Gazette (a government agency vesting notice), vest specified transferable Crown land in a government agency if:
(a)  the Minister is satisfied that:
(i)  it is in the public interest to vest the land in the agency, or
(ii)  the agency would, because of the functions that are conferred or imposed on the agency, be an appropriate owner and manager of the land, and
(b)  for land for which a claim has been made under the Aboriginal Land Rights Act 1983—written consent for the vesting of the land has been given by:
(i)  the Local Aboriginal Land Council for the Local Aboriginal Land Council area (as defined in that Act) in which the land is located, and
(ii)  where the claim is made by the New South Wales Aboriginal Land Council—the New South Wales Aboriginal Land Council.
4.13   Content of government agency vesting notices
(1)  A government agency vesting notice may limit the vesting of the transferable Crown land to:
(a)  the surface of the land, or
(b)  the surface of the land and a stated depth below the surface.
(2)  If the government agency is not a statutory body representing the Crown, the government agency vesting notice:
(a)  must include a reservation to the Crown of all minerals in the transferable Crown land, and
(b)  may include any other reservations and exceptions that the Minister considers to be in the public interest (including in relation to native title rights and interests).
4.14   Effect of vesting
(1)  A government agency in which transferable Crown land is vested under this Division obtains an estate in fee simple in the land, subject to this section.
(2)  A vesting of land under this Division takes effect subject to any reservations and exceptions contained in the government agency vesting notice for the land.
(3)  On the vesting of land in a government agency under this Division:
(a)  the land ceases to be Crown land, and
(b)  any dedication or reservation is revoked to the extent to which it affects the land, and
(c)  if the land is subject to a condition, trust or proviso contained in the Crown grant, or contained or referred to in a folio of the Register created for the land—the government agency is released from it except to the extent specified in the government agency vesting notice, and
(d)  if a person was a trustee of all or any part of the land immediately before it vested, the person ceases to be a trustee of the land, and
(e)  if a person was a Crown land manager of the land—the person ceases to be the manager of the land, and
(f)  if there is a lease or licence over the land in force immediately before the land vested—the lease or licence continues in force as if it were a lease or licence granted by the agency and has effect despite any provisions of the lease or licence, or any Act or other law, to the contrary.
(4)  The revocation of a dedication or reservation of land by this section does not operate to revoke a Crown grant or certificate of title issued, or a folio of the Register created, for that land.
4.15   Registrar-General to record certain information about vested land
The Registrar-General must, when requested by the Minister, record information in the Register to indicate that:
(a)  land that has been vested in a government agency under this Division is held subject to native title rights and interests or any other reservations or exceptions referred to in section 4.14 (2) or (3), or
(b)  a recording made following a previous request has ceased to have effect.