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New South Wales
Public Lands Protection Bill 2004
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Objects of Act 2
Part 2 The Trust
5 Constitution of the Trust 4
6 Appointment of trustees and procedures of the Trust 4
7 Functions of the Trust 4
Part 3 Significant public land
Division 1 Identification
8 Assessment of land 5
b04-402-31.p01
Public Lands Protection Bill 2004
Contents
Page
9 Including land in Register of significant public land 5
Division 2 Restrictions on dealings
10 Significant public land not to be sold or otherwise
disposed of 6
11 Development on significant public land restricted 6
12 Leases, licences, easements and management
agreements 7
Part 4 Miscellaneous
13 Application of Heritage Act 1977 10
14 Regulations 10
15 Amendment of Education Act 1990 No 8 10
16 Savings, transitional and other provisions 10
17 Review of Act 10
Schedule 1 Register of significant public land 12
Schedule 2 Provisions relating to trustees 13
Schedule 3 Provisions relating to procedure of Trust 17
Schedule 4 Amendment of Education Act 1990 No 8 19
Schedule 5 Savings, transitional and other provisions 22
Contents page 2
New South Wales
Public Lands Protection Bill 2004
No , 2004
A Bill for
An Act to constitute the Public Land Protection Trust, to establish a Register of
significant public land and to protect significant public land; to amend the
Education Act 1990 to provide for the protection of the sites of closed
Government schools; and for other purposes.
Clause 1 Public Lands Protection 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 Public Lands Protection Act 2004.
5
2 Commencement
6
This Act commences on the date of assent.
7
3 Definitions
8
In this Act:
9
exercise a function includes perform a duty.
10
function includes a power, authority or duty.
11
key purposes, in relation to significant public land, means the key
12
purposes set out in Column 2 of the Register next to the description
13
of the land in Column 1.
14
public authority means any government department, local
15
government authority, State owned corporation or statutory body
16
representing the Crown.
17
public land means land owned by, or vested in, the Crown or a
18
public authority, but does not include land reserved or dedicated
19
under the National Parks and Wildlife Act 1974 or a State forest
20
within the meaning of the Forestry Act 1916.
21
significant public land means land described in Column 1 of the
22
Register, and includes all structures that are fixtures on that land.
23
the Register means the Register of significant public land set out in
24
Schedule 1.
25
the Trust means the Public Land Protection Trust constituted by
26
Part 2.
Page 2
Public Lands Protection Bill 2004 Clause 4
Preliminary Part 1
4 Objects of Act 1
2
The objects of this Act are to ensure:
3
(a) that significant public land remains in public ownership, and
4
(b) that public access is maintained to that land, and
5
(c) that any use of that land is consistent with the significance of
6
the land.
Page 3
Clause 5 Public Lands Protection Bill 2004
Part 2 The Trust
Part 2 The Trust 1
2
5 Constitution of the Trust
3
(1) There is constituted by this Act a corporation under the corporate
4
name of the "Public Land Protection Trust".
5
(2) The Trust has and may exercise the functions conferred or imposed
6
on it by or under this or any other Act.
7
6 Appointment of trustees and procedures of the Trust
8
(1) The Trust consists of 7 trustees appointed by the Minister.
9
(2) The persons appointed as trustees are to include the following:
10
(a) a person with knowledge or expertise in heritage matters,
11
(b) a person with knowledge or expertise in planning matters,
12
(c) a person with knowledge or expertise in conservation matters,
13
(d) a person with knowledge or expertise in infrastructure
14
planning,
15
(e) a person appointed to represent the Minister,
16
(f) a person appointed to represent the property industry,
17
(g) a person appointed to represent the broad community.
18
(3) Schedule 2 has effect with respect to the trustees.
19
(4) Schedule 3 has effect with respect to the procedure of the Trust.
20
7 Functions of the Trust
21
The functions of the Trust are:
22
(a) to receive and consider proposals under this Act in relation to
23
the inclusion of public land in the Register and to make
24
recommendations to the Minister in relation to those
25
proposals, and
26
(b) to make recommendations to the Minister in relation to the
27
leasing or licensing of any significant public land (including
28
the leasing or licensing of any building within such land), and
29
(c) to carry out investigations, research and inquiries relating to
30
the matters referred to in paragraphs (a) and (b), and
31
(d) to exercise such other functions as are conferred or imposed
32
on it by or under this or any other Act or the regulations.
Page 4
Public Lands Protection Bill 2004 Clause 8
Significant public land Part 3
Part 3 Significant public land 1
Division 1 Identification 2
3
8 Assessment of land
4
(1) Any person, body or organisation (including a public authority) may
5
submit to the Trust a written proposal that an area of public land be
6
included in the Register.
7
(2) On receipt of any such proposal, the Trust is to forward a copy of
8
the proposal to the Minister and invite the Minister to comment on
9
the proposal.
10
(3) After giving the Minister reasonable opportunity to comment, and
11
not later than 6 months after receiving the proposal, the Trust must:
12
(a) consider the proposal and the comments received from the
13
Minister (if any), and
14
(b) make a recommendation to the Minister in relation to the
15
proposal.
16
(4) If the Trust recommends that land be included in the Register, it is
17
to include with its recommendation proposed key purposes for
18
which the land may be used, being purposes that the Trust considers
19
to be consistent with the significance of the land.
20
(5) After making a recommendation to the Minister in relation to an
21
area of land, the Trust is not required to comply with subsections (2)
22
and (3) in respect to any further proposal relating to the same area
23
of land (or part of that land) unless the Trust determines that the
24
further proposal raises material matters that have not been
25
considered by the Trust.
26
9 Including land in Register of significant public land
27
(1) The Minister may, on the recommendation of the Trust or on the
28
Minister's own initiative, by order published in the Gazette, amend
29
the Register by:
30
(a) inserting a description of public land and the key purposes for
31
which the land may be used, or
32
(b) omitting or amending a description of significant public land
33
and the key purposes in relation to the land.
Page 5
Clause 10 Public Lands Protection Bill 2004
Part 3 Significant public land
1
(2) The Minister is not to make an order under subsection (1) on the
2
Minister's own initiative, unless the Minister has sought, in writing,
3
the Trust's recommendation as to whether the order should be made
4
and has given the Trust at least 28 days to provide its written
5
recommendation.
6
(3) If the Minister makes any order that does not follow a
7
recommendation of the Trust, the Minister must provide written
8
reasons to the Trust for not following its recommendation.
9
(4) The Minister is to make public any written reasons that the Minister
10
provides to the Trust under subsection (3) and also the
11
recommendation to which those written reasons relate.
12
(5) Sections 40 and 41 of the Interpretation Act 1987 apply to an order
13
made under this section as if it were a statutory rule to which those
14
sections apply.
Division 2 Restrictions on dealings 15
16
10 Significant public land not to be sold or otherwise disposed of
17
(1) The sale, transfer, lease, licence or other alienation, and any
18
mortgage or other encumbrance, of the whole, or any part, of any
19
significant public land is prohibited, except as provided by this Act.
20
(2) The Governor may, by proclamation, transfer the whole or any part
21
of any significant public land to a statutory body representing the
22
Crown that is subject to the direction and control of the Minister.
23
11 Development on significant public land restricted
24
(1) The provisions of environmental planning instruments that apply to
25
any land within significant public land are the provisions of those
26
instruments that so applied immediately before that land was
27
included in the Register, subject to this section.
28
(2) The consent authority for development applications relating to land
29
within significant public land is the council of the local government
30
area within which the land is situated, despite any other Act or any
31
environmental planning instrument.
32
(3) Development may be carried out on land within significant public
33
land, with development consent, for any purpose that is in
34
accordance with the key purposes for which that land may be used,
35
subject to the other provisions of this section and to any relevant
36
registered restrictive covenant.
Page 6
Public Lands Protection Bill 2004 Clause 12
Significant public land Part 3
1
(4) Development for residential purposes (including retirement
2
villages) is prohibited on land within significant public land, despite
3
any other Act or any environmental planning instrument.
4
(5) State Environmental Planning Policy (Seniors Living) 2004 does
5
not apply to significant public land.
6
(6) In determining a development application, the consent authority
7
must take into consideration the objects of this Act in addition to all
8
other matters that are required to be taken into consideration.
9
12 Leases, licences, easements and management agreements
10
(1) A lease of, or a licence allowing the use of:
11
(a) a building or part of a building within any significant public
12
land, and of any adjoining land needed to enable the use of the
13
building or part of the building, or
14
(b) any land within any significant public land,
15
may be granted, with the consent of the Minister, for any purpose
16
that is in accordance with the key purposes for which that land may
17
be used.
18
(2) The term of any lease or licence referred to in subsection (1),
19
including the term of any further lease or licence that may be
20
granted under an option for renewal of the lease or licence, must not
21
exceed 10 years.
22
(3) However, subsection (2) does not prevent leases or licences being
23
granted for terms of, or successive terms totalling, more than 10
24
years if:
25
(a) a notice has been tabled in each House of Parliament stating:
26
(i) the name of the proposed lessee or licensee, and
27
(ii) the main purpose of the proposed lease or licence, and
28
(iii) the term of the proposed lease or licence and any
29
proposed optional terms, and
30
(b) resolutions have been passed by each House of Parliament
31
confirming the proposal for the term or terms, or no resolution
32
has been passed by either House disallowing the proposal for
33
the term or terms within 15 sitting days after the notice was
34
tabled in that House.
Page 7
Clause 12 Public Lands Protection Bill 2004
Part 3 Significant public land
1
(4) An easement in relation to land within any significant public land
2
may be granted with the consent of the Minister if:
3
(a) a notice has been tabled in each House of Parliament stating:
4
(i) the name of the person to whom the easement is to be
5
granted, and
6
(ii) the main purpose of the proposed easement, and
7
(b) resolutions have been passed by each House confirming the
8
proposal for an easement or no resolution has been passed by
9
either House disallowing the proposal within 15 sitting days
10
after the notice was tabled in that House.
11
(5) The care, control and management of any significant public land,
12
any building within any significant public land or any part of either
13
of them may be contracted out with the consent of the Minister but
14
only to:
15
(a) the council of the local government area in which the
16
significant public land is situated, or
17
(b) a person or body prescribed by the regulations,
18
and only if that council, person or body has agreed to undertake that
19
care, control and management in accordance with the objects of this
20
Act and the key purposes for which that land may be used.
21
(6) A lease or licence referred to in subsection (1) and a contract to
22
which subsection (5) applies, must not allow a use that would
23
otherwise be prohibited under this Division.
24
(7) Before granting a consent under this section, the Minister must:
25
(a) cause notice of the proposal to grant the lease, licence or
26
easement or to enter into the contract, and a summary of the
27
main terms of the lease, licence, easement or contract together
28
with details of any related proposal to deal in land located in
29
any significant public land of which the Minister is aware:
30
(i) to be sent to the Trust for its comments, and
31
(ii) to be published in a newspaper and on the Internet, and
32
(b) have regard to any written comments received in response to
33
the notice within 30 days after the date the notice was sent to
34
the Trust or the notice was last published in a newspaper
35
(whichever is the later), and
36
(c) publish the reasons for the decision to grant consent in a
37
newspaper and on the Internet.
Page 8
Public Lands Protection Bill 2004 Clause 12
Significant public land Part 3
1
(8) For the purposes of subsection (7), a requirement that a matter be
2
published in a newspaper and on the Internet is a requirement that
3
the matter is to be published:
4
(a) in at least one newspaper circulating throughout the State, and
5
(b) in at least one newspaper circulating in the area in which the
6
relevant significant public land is situated, and
7
(c) on the Internet site of the Department of Infrastructure,
8
Planning and Natural Resources.
9
(9) A regulation prescribing a person or body for the purposes of this
10
section takes effect on the day following the last day on which it is
11
capable of being disallowed under section 41 of the Interpretation
12
Act 1987 (as modified by subsection (10)) or on such later day as
13
may be specified in the regulation.
14
(10) Despite section 41 of the Interpretation Act 1987, a resolution by a
15
House of Parliament to disallow any such regulation does not have
16
effect unless notice of the resolution is given within 15 sitting days
17
of the House after written notice of the making of the regulation is
18
laid before that House under section 40 of that Act.
Page 9
Clause 13 Public Lands Protection Bill 2004
Part 4 Miscellaneous
Part 4 Miscellaneous 1
2
13 Application of Heritage Act 1977
3
This Act does not affect the application of the Heritage Act 1977 to
4
any significant public land.
5
14 Regulations
6
The Governor may make regulations, not inconsistent with this Act,
7
for or with respect to any matter that by this Act is required or
8
permitted to be prescribed or that is necessary or convenient to be
9
prescribed for carrying out or giving effect to this Act.
10
15 Amendment of Education Act 1990 No 8
11
The Education Act 1990 is amended as set out in Schedule 4.
12
16 Savings, transitional and other provisions
13
(1) In this section:
14
liabilities means any liabilities, debts and obligations (whether
15
present or future and whether vested or contingent).
16
property interest, in relation to land, means any legal or equitable
17
interest (whether present or future and whether vested or
18
contingent).
19
(2) Nothing in this Act:
20
(a) affects any property interest of any person (other than a public
21
authority) in significant public land that existed immediately
22
before the land was included in the Register, or
23
(b) affects the liabilities of any person in connection with
24
significant public land that existed immediately before the
25
land was included in the Register, or
26
(c) prevents the granting of a further lease under an option
27
provided in a lease over significant public land that existed
28
immediately before the land was included in the Register.
29
(3) Schedule 5 has effect.
30
17 Review of Act
31
(1) The Minister is to review this Act to determine whether the policy
32
objectives of the Act remain valid and whether the terms of the Act
33
remain appropriate for securing those objectives.
Page 10
Public Lands Protection Bill 2004 Clause 17
Miscellaneous Part 4
1
(2) The review is to be undertaken as soon as possible after the period
2
of 5 years from the date of assent to this Act.
3
(3) A report on the outcome of the review is to be tabled in each House
4
of Parliament within 12 months after the end of the period of
5
5 years.
Page 11
Public Lands Protection Bill 2004
Schedule 1 Register of significant public land
Schedule 1 Register of significant public land 1
2
(Sections 3 and 9 (1))
Column 1 Column 2
Description of significant public land Key purposes of the land
Page 12
Public Lands Protection Bill 2004
Provisions relating to trustees Schedule 2
Schedule 2 Provisions relating to trustees 1
2
(Section 6 (3))
3
1 Chairperson
4
(1) One of the trustees is to be appointed as Chairperson of the Trust by
5
the relevant instrument of appointment as a trustee or by another
6
instrument executed by the Minister.
7
(2) The Minister may remove a trustee from the office of Chairperson.
8
(3) The Chairperson is taken to have vacated the office of Chairperson
9
if the Chairperson:
10
(a) is removed from that office by the Minister under subclause
11
(2), or
12
(b) resigns that office by instrument in writing addressed to the
13
Minister, or
14
(c) ceases to be a trustee.
15
2 Acting trustees and acting Chairperson
16
(1) The Minister may, from time to time, appoint a person to act in the
17
office of a trustee during the illness or absence of the trustee, and the
18
person, while so acting, has and may exercise all the functions of the
19
trustee and is taken to be a trustee.
20
(2) The Minister may, from time to time, appoint a trustee to act in the
21
office of Chairperson during the illness or absence of the
22
Chairperson, and the trustee, while so acting, has and may exercise
23
all the functions of the Chairperson and is taken to be the
24
Chairperson.
25
(3) The Minister may remove any person from any office to which the
26
person was appointed under this clause.
27
(4) A person while acting in the office of a trustee is entitled to be paid
28
such remuneration (including travelling and subsistence
29
allowances) as the Minister may from time to time determine in
30
respect of the person.
31
(5) For the purposes of this clause, a vacancy in the office of trustee or
32
the Chairperson is taken to be an absence from office of the trustee
33
or Chairperson, as the case may be.
Page 13
Public Lands Protection Bill 2004
Schedule 2 Provisions relating to trustees
3 Term of office 1
2
Subject to this Schedule, a trustee holds office for such period, not
3
exceeding 4 years, as may be specified in the instrument of
4
appointment of the trustee, but is eligible (if otherwise qualified) for
5
re-appointment.
6
4 Remuneration
7
A trustee is entitled to be paid such remuneration (including
8
travelling and subsistence allowances) as the Minister may from
9
time to time determine in respect of the trustee.
10
5 Casual vacancies
11
(1) The office of a trustee becomes vacant if the trustee:
12
(a) dies, or
13
(b) completes a term of office and is not re-appointed, or
14
(c) resigns the office by instrument in writing addressed to the
15
Minister, or
16
(d) is removed from office by the Minister under this clause, or
17
(e) is absent from 3 consecutive meetings of the Trust of which
18
reasonable notice has been given to the trustee personally or
19
by post, except on leave granted by the Minister or unless the
20
trustee is excused by the Minister for having been absent from
21
those meetings, or
22
(f) becomes bankrupt, applies to take the benefit of any law for
23
the relief of bankrupt or insolvent debtors, compounds with
24
his or her creditors or makes an assignment of his or her
25
remuneration for their benefit, or
26
(g) becomes a mentally incapacitated person, or
27
(h) is convicted in New South Wales of an offence that is
28
punishable by imprisonment for 12 months or more or is
29
convicted elsewhere than in New South Wales of an offence
30
that, if committed in New South Wales, would be an offence
31
so punishable.
32
(2) The Minister may at any time remove a trustee from office.
33
(3) Without limiting the generality of subclause (2), the Minister may
34
remove from office a trustee who contravenes the provisions of
35
clause 7.
Page 14
Public Lands Protection Bill 2004
Provisions relating to trustees Schedule 2
6 Filling of vacancy in office of trustee 1
2
If the office of any trustee becomes vacant, a person is, subject to
3
this Act, to be appointed to fill the vacancy.
4
7 Disclosure of pecuniary interests
5
(1) If:
6
(a) a trustee has a direct or indirect pecuniary interest in a matter
7
being considered or about to be considered at a meeting of the
8
Trust, and
9
(b) the interest appears to raise a conflict with the proper
10
performance of the trustee's duties in relation to the
11
consideration of the matter,
12
the trustee must, as soon as possible after the relevant facts have
13
come to the trustee's knowledge, disclose the nature of the interest
14
at a meeting of the Trust.
15
(2) A disclosure by a trustee at a meeting of the Trust that the member:
16
(a) is a member, or is in the employment, of a specified company
17
or other body, or
18
(b) is a partner, or is in the employment, of a specified person, or
19
(c) has some other specified interest relating to a specified
20
company or other body or to a specified person,
21
is a sufficient disclosure of the nature of the interest in any matter
22
relating to that company or other body or to that person that may
23
arise after the date of the disclosure and that is required to be
24
disclosed under subclause (1).
25
(3) Particulars of any disclosure made under this clause must be
26
recorded by the Trust in a book kept for the purpose and that book
27
must be open at all reasonable hours to inspection by any person on
28
payment of the fee determined by the Trust.
29
(4) After a trustee has disclosed the nature of an interest in any matter,
30
the trustee must not, unless the Minister otherwise determines:
31
(a) be present during any deliberation of the Trust with respect to
32
the matter, or
33
(b) take part in any decision of the Trust with respect to the
34
matter.
35
(5) A contravention of this clause does not invalidate any decision of
36
the Trust.
Page 15
Public Lands Protection Bill 2004
Schedule 2 Provisions relating to trustees
1
(6) A reference in this clause to a meeting of the Trust includes a
2
reference to a meeting of a committee of the Trust.
3
8 Effect of certain other Acts
4
(1) Chapter 2 of the Public Sector Employment and Management Act
5
2002 does not apply to or in respect of the appointment of a trustee.
6
(2) If by or under any Act provision is made:
7
(a) requiring a person who is the holder of a specified office to
8
devote the whole of his or her time to the duties of that office,
9
or
10
(b) prohibiting the person from engaging in employment outside
11
the duties of that office,
12
the provision does not operate to disqualify the person from holding
13
that office and also the office of a trustee or from accepting and
14
retaining any remuneration payable to the person under this Act as
15
a trustee.
16
9 Personal liability
17
A matter or thing done or omitted to be done by the Trust, a trustee
18
or a person acting under the direction of the Trust does not, if the
19
matter or thing was done or omitted to be done in good faith for the
20
purpose of executing this or any other Act, subject a trustee or a
21
person so acting personally to any action, liability, claim or demand.
Page 16
Public Lands Protection Bill 2004
Provisions relating to procedure of Trust Schedule 3
Schedule 3 Provisions relating to procedure of Trust 1
2
(Section 6 (4))
3
1 General procedure
4
The procedure for the calling of meetings of the Trust and for the
5
conduct of business at those meetings is, subject to this Act and the
6
regulations, to be as determined by the Trust.
7
2 Quorum
8
The quorum for a meeting of the Trust is a majority of the trustees
9
for the time being.
10
3 Presiding trustee
11
(1) The Chairperson (or, in the absence of the Chairperson, another
12
trustee elected to chair the meeting by the trustees present) is to
13
preside at a meeting of the Trust.
14
(2) The presiding member has a deliberative vote and, in the event of an
15
equality of votes, has a second or casting vote.
16
4 Voting
17
A decision supported by a majority of the votes cast at a meeting of
18
the Trust at which a quorum is present is the decision of the Trust.
19
5 Transaction of business outside meetings or by telephone
20
(1) The Trust may, if it thinks fit, transact any of its business by the
21
circulation of papers among all the trustees for the time being, and
22
a resolution in writing approved in writing by a majority of those
23
trustees is taken to be a decision of the Trust.
24
(2) The Trust may, if it thinks fit, transact any of its business at a
25
meeting at which trustees (or some trustees) participate by
26
telephone, closed-circuit television or other means, but only if any
27
trustee who speaks on a matter before the meeting can be heard by
28
the other trustees.
29
(3) For the purposes of:
30
(a) the approval of a resolution under subclause (1), or
31
(b) a meeting held in accordance with subclause (2),
32
the Chairperson and each trustee have the same voting rights as they
33
have at an ordinary meeting of the Trust.
Page 17
Public Lands Protection Bill 2004
Schedule 3 Provisions relating to procedure of Trust
1
(4) A resolution approved under subclause (1) is, subject to the
2
regulations, to be recorded in the minutes of the meetings of the
3
Trust.
4
(5) Papers may be circulated among the trustees for the purposes of
5
subclause (1) by facsimile or other transmission of the information
6
in the papers concerned.
7
6 Minutes
8
The Trust must cause full and accurate minutes to be kept of the
9
proceedings of each meeting of the Trust.
10
7 First meeting
11
The Minister may call the first meeting of the Trust in such manner
12
as the Minister thinks fit.
Page 18
Public Lands Protection Bill 2004
Amendment of Education Act 1990 No 8 Schedule 4
Schedule 4 Amendment of Education Act 1990 No 8 1
2
(Section 15)
3
[1] Part 6A
4
Insert after Part 6:
Part 6A Surplus school sites 5
6
36A Definitions
7
In this Part:
8
harm has the same meaning as in the Heritage Act 1977.
9
protected school site means the site of a closed government
10
school that is taken to be significant public land because of
11
this Part.
12
public land has the same meaning as in the Public Lands
13
Protection Act 2004.
14
Register of significant public land means the Register of
15
significant public land set out in Schedule 1 to the Public
16
Lands Protection Act 2004.
17
significant public land has the same meaning as in the Public
18
Lands Protection Act 2004.
19
State Heritage Register has the same meaning as in the
20
Heritage Act 1977.
21
36B Closed government schools become protected school sites
22
If the Minister closes a government school in accordance with
23
section 28, all the public land on which the school was located
24
immediately before its closure (including any structures that
25
are fixtures on the land) is taken to be significant public land
26
and the key purposes for which that land may be used are
27
taken to be educational purposes.
28
36C Minister may grant exemption to protected school site
29
If, after consultation with the local community within which
30
a protected school site is located, the Minister is satisfied that
31
the local community supports the site (or part of the site)
Page 19
Public Lands Protection Bill 2004
Schedule 4 Amendment of Education Act 1990 No 8
1
being sold or used for a purpose other than education
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purposes, the Minister may by order published in the Gazette,
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grant an exemption in relation to all or part of the site.
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36D How school sites cease to be protected school sites
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(1) If an exemption is granted in accordance with section 36C, the
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protected school site (or that part of the site to which the
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exemption relates) is no longer taken to be significant public
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land.
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(2) If the Minister establishes a government school in accordance
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with section 27 on a protected school site (or part of such a
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site), the protected school site (or that part of the site on which
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the school is established) is no longer taken to be significant
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public land.
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(3) If a period of at least 20 years has passed since the closure of
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a government school that resulted in the site becoming a
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protected school site, and:
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(a) at least 30% of the land within the protected school site
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is reserved or dedicated as public open space, or
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(b) if reserving or dedicating 30% of the site as public open
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space would require an item listed on the State Heritage
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Register to be harmed, at least 30% of the land within
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the protected school site is reserved or dedicated for
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some other public purpose,
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the protected school site is no longer taken to be significant
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public land.
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36E Land may be otherwise listed in Register of significant public
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land
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(1) Nothing in this Part prevents the Minister administering the
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Public Lands Protection Act 2004 from inserting in the
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Register of significant public land (the Register), a
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description of land:
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(a) that is a protected school site, or part of such a site, or
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(b) that is no longer a protected school site, or part of such
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a site.
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(2) To the extent that land is included in the Register and is also
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taken to be significant public land because of the operation of
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this Part:
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Public Lands Protection Bill 2004
Amendment of Education Act 1990 No 8 Schedule 4
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(a) the land does not cease to be included in the Register
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just because the land is no longer taken to be significant
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public land under this Part, and
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(b) the land does not cease to be taken to be significant
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public land under this Part just because the land is no
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longer included in the Register.
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[2] Schedule 3 Savings, transitional and other provisions
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Insert at the end of clause 2 (1):
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Public Lands Protection Act 2004 (but only to the extent that
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it amends this Act)
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Public Lands Protection Bill 2004
Schedule 5 Savings, transitional and other provisions
Schedule 5 Savings, transitional and other provisions 1
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(Section 16 (3))
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1 Regulations
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(1) The regulations may contain provisions of a savings or transitional
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nature consequent on the enactment of the following Acts:
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this Act
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(2) Any such provision may, if the regulations so provide, take effect
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from the date of assent to the Act concerned or a later date.
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(3) To the extent to which any such provision takes effect from a date
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that is earlier than the date of its publication in the Gazette, the
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provision does not operate so as:
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(a) to affect, in a manner prejudicial to any person (other than the
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State or an authority of the State), the rights of that person
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existing before the date of its publication, or
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(b) to impose liabilities on any person (other than the State or an
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authority of the State) in respect of anything done or omitted
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to be done before the date of its publication.
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