Crown Land Management Act 2016 No 58
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.
(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.