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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 07:01)
Part 4 Division 4.2 Section 4.9
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.