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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crown Lands (Prevention of Sale)
Bill 2004
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Objects of this Act 3
5 Land to which this Act applies: "protected land" 3
6 Effect of this Act 4
Part 2 Restrictions on, and assessment of values of,
protected land
7 Restriction on sale of, or revocation of reservations from sale
applying to, protected land 5
8 Notice of proposed sale or revocation of reservation from sale 5
9 Description of land in notice 5
10 Public notification that a notice has been given 5
b04-956-33.p01
Crown Lands (Prevention of Sale) Bill 2004
Contents
Page
11 Objection: Department of Environment and Conservation 6
12 Objection: Department of Primary Industries 6
13 Notice of objections to agencies 6
14 Agencies to provide Director-General of Department with
reports or certificates for assessment purposes 6
15 Public access to reports and certificates 7
16 Director-General of Department to assess values of protected
land 7
17 Assessment report: publication and tabling of notice of
completion 7
18 Objections following publication of notice of completion and
assessment report 8
19 Effect of objections 8
20 Gazette notification of objections 8
21 Public access to objections 8
Part 3 Miscellaneous
22 Agencies may recommend reservation of protected land from
sale 9
23 Public access to information concerning protected land 9
24 Delegation by Director-General of the Department 9
25 Restraint of breaches of this Act 9
26 Transitional arrangements 10
27 Regulations 10
28 Amendment of Land and Environment Court Act 1979
No 204 (s 20, Class 4--environmental planning and
protection and development contract civil enforcement) 10
Schedule 1 Values 11
Contents page 2
New South Wales
Crown Lands (Prevention of Sale)
Bill 2004
No , 2004
A Bill for
An Act to identify and protect the values of certain Crown land by preventing
sales of certain land, preventing the revocation of reservations from sale
applying to certain land and facilitating the making of reservations from sale in
relation to certain land; and for other purposes.
Clause 1 Crown Lands (Prevention of Sale) Bill 2004
Part 1 Preliminary
1
The Legislature of New South Wales enacts:
Part 1 Preliminary 2
3
1 Name of Act
4
This Act is the Crown Lands (Prevention of Sale) Act 2004.
5
2 Commencement
6
This Act commences on the date of assent.
7
3 Definitions
8
(1) In this Act:
9
assessment report means a report referred to in section 16.
10
Crown land has the same meaning as in the Crown Lands Act 1989.
11
Department means the Department of Lands.
12
exercise a function includes perform a duty.
13
function includes power, authority or duty.
14
notice means a notice under section 8.
15
protected land means land referred to in section 5.
16
the agencies means the following:
17
(a) the Commissioner of the Soil Conservation Service,
18
(b) the Department of Infrastructure, Planning and Natural
19
Resources,
20
(c) the Department of Environment and Conservation,
21
(d) the Department of Primary Industries,
22
(e) the Heritage Council,
23
(f) the local council of an area in which relevant land that is the
24
subject of a notice is situated,
25
(g) the Department of Aboriginal Affairs.
26
the Minister means the Minister for the time being administering
27
the Crown Lands Act 1989.
28
(2) A reference in this Act to protected land is a reference to the whole
29
or any part of protected land.
Page 2
Crown Lands (Prevention of Sale) Bill 2004 Clause 4
Preliminary Part 1
4 Objects of this Act 1
2
The objects of this Act are:
3
(a) to provide for the identification and protection of the values,
4
including values of the kind specified in Schedule 1, of certain
5
Crown land:
6
(i) by requiring the Director-General of the Department
7
and the agencies to participate in the identification and
8
assessment of the values of the land, and
9
(ii) by preventing the sale of, or the revocation of a
10
reservation from sale applying to, the land in certain
11
circumstances, and
12
(b) to enable the agencies to recommend that certain Crown land
13
be reserved from sale.
14
5 Land to which this Act applies: "protected land"
15
This Act applies to Crown land:
16
(a) in the Eastern and Central Division (within the meaning of the
17
Crown Lands Act 1989) that is held under a lease of a kind
18
referred to in Part 1 of Schedule 7 to the Crown Lands
19
(Continued Tenures) Act 1989, or
20
(b) that is the subject of a proposal submitted to the Director-
21
General of the Department of Environment and Conservation
22
under section 7 of the Wilderness Act 1987 (not being land
23
that has been reserved under the National Parks and Wildlife
24
Act 1974 or declared to be a wilderness area within the
25
meaning of the Wilderness Act 1987), or
26
(c) that is entered as part of the national estate in the Register of
27
the National Estate kept under the Australian Heritage
28
Council Act 2003 of the Commonwealth, or
29
(d) that is declared World Heritage property within the meaning
30
of section 13 of the Environment Protection and Biodiversity
31
Conservation Act 1999 of the Commonwealth, or
32
(e) that contains remnant native vegetation (within the meaning
33
of the Native Vegetation Act 2003), or
34
(f) that is a travelling stock reserve (within the meaning of Part 8
35
of the Rural Lands Protection Act 1998).
Page 3
Clause 6 Crown Lands (Prevention of Sale) Bill 2004
Part 1 Preliminary
6 Effect of this Act 1
2
This Act has effect despite the provisions of the Crown Lands Act
3
1989, the Crown Lands (Continued Tenures) Act 1989 or any other
4
Act.
Page 4
Crown Lands (Prevention of Sale) Bill 2004 Clause 7
Restrictions on, and assessment of values of, protected land Part 2
Part 2 Restrictions on, and assessment of values 1
of, protected land 2
3
7 Restriction on sale of, or revocation of reservations from sale
4
applying to, protected land
5
The Minister must not sell protected land, grant an application to
6
purchase protected land or revoke a reservation from sale that
7
applies to protected land unless the other provisions of this Part have
8
been complied with in relation to the proposed sale, the application
9
or the proposed revocation and the sale, the granting of the
10
application or the revocation is not prevented by an objection under
11
section 11, 12 or 18 of this Act or section 25E of the Forestry Act
12
1916.
13
8 Notice of proposed sale or revocation of reservation from sale
14
(1) Before protected land may be sold, an application for the purchase
15
of protected land may be dealt with or a reservation from sale of
16
protected land may be revoked, the Director-General of the
17
Department must give each agency not less than 28 days' written
18
notice of the proposed sale, the making of the application or the
19
proposed revocation.
20
(2) The duty imposed by this section applies to each proposal for the
21
sale of protected land, each application for the purchase of protected
22
land and each proposal to revoke a reservation from sale of
23
protected land, subject to section 19 (3).
24
9 Description of land in notice
25
A notice must describe the protected land to which it relates with
26
sufficient particularity to enable the land to be readily identified by
27
an agency.
28
10 Public notification that a notice has been given
29
The Director-General of the Department must, not later than 21 days
30
after the notice is given, publish notification of the giving of the
31
notice in the Gazette and in a newspaper circulating generally in the
32
area in which the protected land concerned is situated.
Page 5
Clause 11 Crown Lands (Prevention of Sale) Bill 2004
Part 2 Restrictions on, and assessment of values of, protected land
11 Objection: Department of Environment and Conservation 1
2
The Director-General of the Department of Environment and
3
Conservation may, within 3 months after receiving a notice, inform
4
the Director-General of the Department, in writing, that the
5
Director-General of the Department of Environment and
6
Conservation objects to the sale of, or the revocation of the
7
reservation from sale that applies to, the protected land concerned.
8
12 Objection: Department of Primary Industries
9
(1) The Department of Primary Industries may, within 3 months after
10
receiving a notice concerning the revocation of a reservation from
11
sale, inform the Director-General of the Department, in writing, that
12
the Department of Primary Industries objects to the revocation of
13
the reservation from sale that applies to the protected land
14
concerned.
15
(2) Nothing in this Act (except section 19 (3)) affects section 25E of the
16
Forestry Act 1916 concerning an application for the purchase of
17
land that may be or includes protected land.
18
13 Notice of objections to agencies
19
The Director-General of the Department must inform each other
20
agency as soon as practicable after an objection is made under
21
section 11 or 12 or section 25E of the Forestry Act 1916.
22
14 Agencies to provide Director-General of Department with reports or
23
certificates for assessment purposes
24
Unless an agency has made an objection, or has been informed of an
25
objection made, under section 11 or 12 or section 25E of the
26
Forestry Act 1916, each agency must, within 4 months after
27
receiving a notice, provide the Director-General of the Department
28
with:
29
(a) a report that assesses the values (including values of the kind
30
specified in Schedule 1) of protected land described in the
31
notice from the perspective of the agency concerned (having
32
regard to the principal functions that the agency exercises)
33
and that takes into account land evaluation criteria that the
34
agency considers are applicable to the assessment, or
35
(b) a certificate certifying that, after having had regard to
36
applicable land evaluation criteria, the agency is of the
37
opinion that, from its perspective (having regard to the
38
principal functions that the agency exercises) the values of the
Page 6
Crown Lands (Prevention of Sale) Bill 2004 Clause 15
Restrictions on, and assessment of values of, protected land Part 2
1
protected land are of insufficient significance to justify the
2
agency objecting to the sale of, the grant of the application to
3
purchase, or the revocation of the reservation from sale
4
applying to, the protected land.
5
15 Public access to reports and certificates
6
(1) A person may inspect a report or certificate provided by an agency
7
to the Director-General of the Department at the principal office of
8
the Department during normal business hours.
9
(2) A person may obtain a copy of the whole or part of such a report or
10
certificate on payment of a reasonable fee fixed for the purpose by
11
the Director-General of the Department.
12
16 Director-General of Department to assess values of protected land
13
(1) If no objection is made under section 11 or 12 or section 25E of the
14
Forestry Act 1916 within 6 months after a notice is given to the
15
agencies, the Director-General of the Department must assess, and
16
prepare an assessment report on, the values of the protected land
17
described in the notice.
18
(2) In making the assessment, the Director-General must have regard
19
to:
20
(a) reports or certificates provided by the agencies under
21
section 14, and
22
(b) any assessment of the capabilities of the land made under
23
Part 3 of the Crown Lands Act 1989.
24
17 Assessment report: publication and tabling of notice of completion
25
(1) Within 7 months after giving a notice, the Director-General of the
26
Department must complete an assessment report on the values of the
27
relevant land and must give notice of completion of the report in the
28
Gazette.
29
(2) The Director-General must give copies of the assessment report to
30
the Minister.
31
(3) The Minister must cause a copy of the assessment report to be laid
32
before each House of Parliament as soon as practicable after the
33
report is completed.
Page 7
Clause 18 Crown Lands (Prevention of Sale) Bill 2004
Part 2 Restrictions on, and assessment of values of, protected land
18 Objections following publication of notice of completion and 1
2
assessment report
3
Within 3 months after notice of completion of the assessment report
4
is published in the Gazette, any agency, including the Director-
5
General of the Department of Environment and Conservation or the
6
Department of Primary Industries, may inform the Director-General
7
of the Department, in writing, that it objects to the sale of, the
8
granting of the application to purchase or the revocation of the
9
reservation from sale that applies to, the protected land to which the
10
assessment report relates.
11
19 Effect of objections
12
(1) If an agency objects to the sale of or the granting of an application
13
to purchase protected land, any such application pending at the time
14
of the objection is taken to have been refused on the date on which
15
the objection is received by the Director-General of the Department.
16
(2) If an agency objects to the revocation of a reservation from sale
17
applying to protected land, the reservation from sale must not be
18
revoked.
19
(3) If an application to purchase protected land or revoke a reservation
20
from sale applying to relevant land is refused in accordance with
21
this section, another application to purchase the protected land
22
concerned or to revoke the reservation from sale applying to the
23
protected land concerned must not be considered or otherwise dealt
24
with until after 5 years from the date on which the application was
25
last refused (or last taken to be refused).
26
(4) Any action taken in contravention of this section is void.
27
20 Gazette notification of objections
28
An objection made by an agency under this Part (and an objection
29
made under section 25E of the Forestry Act 1916) must be notified
30
in the Gazette by the agency concerned not later than 14 days after
31
the objection is made.
32
21 Public access to objections
33
A person may obtain a copy of an objection from the agency making
34
it on payment of a reasonable fee fixed by the agency.
Page 8
Crown Lands (Prevention of Sale) Bill 2004 Clause 22
Miscellaneous Part 3
Part 3 Miscellaneous 1
2
22 Agencies may recommend reservation of protected land from sale
3
An agency may recommend, in writing, to the Director-General of
4
the Department that the Minister reserve protected land from sale.
5
23 Public access to information concerning protected land
6
(1) The Director-General of the Department must make available for
7
public inspection all documents and other material held by the
8
Department that relate to protected land and, in particular, to any
9
assessment, recommendation or decision made by the Department
10
or the Minister as to whether:
11
(a) applications to purchase protected land should be granted, or
12
(b) reservations from sale should be made or revoked in respect
13
of protected land.
14
(2) A person may inspect the documents and other material at the
15
principal office of the Department during normal business hours.
16
(3) A person may obtain a copy of the whole or part of the documents
17
and other material on payment of a reasonable fee fixed by the
18
Director-General.
19
(4) Nothing in this section requires the Director-General to disclose any
20
document or other material concerning the personal affairs of any
21
person.
22
24 Delegation by Director-General of the Department
23
The Director-General of the Department may delegate any of his or
24
her functions, other than this power of delegation, to any person
25
employed within the Department.
26
25 Restraint of breaches of this Act
27
(1) Any person may bring proceedings in the Land and Environment
28
Court for an order to remedy or restrain a breach of this Act, whether
29
or not any right of that person has been or may be infringed by or as
30
a consequence of that breach.
31
(2) Proceedings under this section may be brought by a person on his or
32
her own behalf or on behalf of himself or herself and on behalf of
33
other persons (with their consent), or a body corporate or
Page 9
Clause 26 Crown Lands (Prevention of Sale) Bill 2004
Part 3 Miscellaneous
1
unincorporated (with the consent of its committee or other
2
controlling or governing body), having like or common interests in
3
those proceedings.
4
(3) Any person on whose behalf proceedings are brought is entitled to
5
contribute to or provide for the payment of the legal costs and
6
expenses incurred by the person bringing the proceedings.
7
26 Transitional arrangements
8
If, between the date of introduction of the Bill for this Act into the
9
Legislative Council and the date of assent, the Minister has sold or
10
entered into a contract to sell protected land, has granted an
11
application to purchase protected land or has revoked a reservation
12
from sale that applies to protected land, the sale or contract, the
13
grant of the application or the revocation of the reservation from
14
sale is void.
15
27 Regulations
16
The Governor may make regulations, not inconsistent with this Act,
17
for or with respect to any matter that by this Act is required or
18
permitted to be prescribed or that is necessary or convenient to be
19
prescribed for carrying out or giving effect to this Act.
20
28 Amendment of Land and Environment Court Act 1979 No 204 (s 20,
21
Class 4--environmental planning and protection and development
22
contract civil enforcement)
23
The Land and Environment Court Act 1979 is amended:
24
(a) by inserting after section 20 (1) (dh) the following paragraph:
25
(di) proceedings under section 25 of the Crown Lands
26
(Prevention of Sale) Act 2004,
27
(b) by inserting in alphabetical order in the list of Acts and
28
provisions in section 20 (3) (a) the words "Crown Lands
29
(Prevention of Sale) Act 2004,".
Page 10
Crown Lands (Prevention of Sale) Bill 2004
Values Schedule 1
Schedule 1 Values 1
2
(Sections 4 and 14)
3
Value for the purpose of ensuring or assisting the protection of the
4
environment, including conservation, or potential for restoration, of
5
natural areas and features, and preservation of open space.
6
Value for the purpose of ensuring or assisting nature conservation,
7
including protection of native fauna and flora and their communities
8
and habitats, including forests.
9
Value for the purpose of ensuring or assisting conservation of water
10
resources, including water catchments and sources of ground water.
11
Value for the purpose of ensuring or assisting conservation of
12
wilderness and wild and scenic rivers.
13
Value for the purpose of ensuring or assisting the protection and
14
conservation of the spiritual, social or cultural heritage of
15
Aboriginal persons, including protection and conservation of sacred
16
or ceremonial sites.
17
Value for protection and conservation of areas or items of
18
significance or importance to European heritage or history.
19
Value for purposes of recreation and tourism.
Page 11
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