New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Save Callan Park Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Definition 2
4 Callan Park not to be alienated or encumbered 2
5 Development controls for Callan Park 2
6 Leases and licences 3
7 Savings--existing leases and licences 4
8 Application of Heritage Act 1977 No 136 4
b02-420-p01.03
New South Wales
Save Callan Park Bill 2002
No , 2002
A Bill for
An Act to require Callan Park to be retained as a public asset; to promote its
conservation; to place restrictions on its use; and for other purposes.
Clause 1 Save Callan Park Bill 2002
1
The Legislature of New South Wales enacts:
2
1 Name of Act
3
This Act is the Save Callan Park Act 2002.
4
2 Commencement
5
This Act commences on the date of assent to this Act.
6
3 Definition
7
In this Act:
8
Callan Park means the land known as Lot 1 in Deposited
9
Plan 807747 and includes all buildings and other fixtures situated on
10
that land.
11
4 Callan Park not to be alienated or encumbered
12
(1) After the commencement of this Act, Callan Park can not be
13
lawfully granted, sold, leased, mortgaged, charged or otherwise
14
alienated or encumbered, and a licence can not be lawfully granted
15
authorising a person to use Callan Park, except as provided by this
16
Act.
17
(2) Subsection (1) applies to each part of Callan Park in the same way
18
as it applies to the whole of Callan Park.
19
(3) However, this Act does not prevent a grant, transfer or sale to a
20
statutory body representing the Crown if the statutory body is
21
subject to the direction and control of a Minister.
22
5 Development controls for Callan Park
23
(1) Callan Park may be used by the public for passive recreation
24
without development consent, subject to the conditions of any
25
development consent or lease granted pursuant to this Act.
26
(2) Development of Callan Park may be carried out for the purpose of
27
any one or more of a health service, an educational facility and a
28
community facility, and minor works may be carried out at Callan
29
Park for the purpose of its passive recreational use by the public, but
30
only with development consent.
31
(3) Consent may be granted for the refurbishment of an existing
32
building, and for the re-development or replacement of an existing
33
building, but only if:
Page 2
Save Callan Park Bill 2002 Clause 6
1
(a) the total amount of open space at Callan Park is not reduced
2
below that total immediately before this Act commenced, and
3
(b) the ratio of the total floor area of all buildings at Callan Park
4
to the area of Callan Park is not increased above that ratio
5
immediately before this Act commenced.
6
(4) Except as provided by subsection (3), consent must not be granted
7
for the erection of buildings at Callan Park.
8
(5) Any development (such as development for a residential purpose)
9
that is not allowed by this section is prohibited at Callan Park,
10
despite any other Act or any environmental planning instrument.
11
(6) The consent authority for development applications relating to land
12
within Callan Park is the council of the local government area
13
within which the land is situated, despite any other Act or any
14
environmental planning instrument.
15
(7) In this section:
16
community facility means a facility (not being an educational
17
facility or a health service) providing services to the community on
18
a not-for-profit basis.
19
educational facility means a university or any other facility
20
providing educational services on a not-for-profit basis, but does not
21
include a secondary school or a primary school.
22
health service has the same meaning as in the Health Services
23
Act 1997.
24
(8) Except as provided by subsection (7), words in this section have the
25
same meanings as they have in the Environmental Planning and
26
Assessment Act 1979.
27
6 Leases and licences
28
(1) Leases may be granted of buildings situated within Callan Park (and
29
of any land in their immediate vicinity necessary for their use) for a
30
term that, including the term of any further lease that may be granted
31
under an option for renewal of the lease, does not exceed 10 years.
32
(2) Licences may be granted authorising the licensee to use buildings
33
situated within Callan Park (and to use any land in their immediate
34
vicinity necessary for their use) for a term that, including the term
35
of any further licence that may be granted under an option for
36
renewal of the licence, does not exceed 10 years.
Page 3
Clause 7 Save Callan Park Bill 2002
1
(3) Before any lease or licence is granted, the proposed content of the
2
lease or licence must be publicly exhibited at Callan Park for at least
3
30 days and any written comments in response received within that
4
period by the Minister administering this Act must be taken into
5
account before the lease or licence is granted.
6
(4) A lease or licence can not allow any use contrary to section 5.
7
(5) A sublease of a lease granted under this section may be granted, but
8
only with the approval of the Minister administering this Act.
9
7 Savings--existing leases and licences
10
This Act does not affect any lease or licence that was entered into
11
before the Bill for this Act was introduced into the Legislative
12
Assembly.
13
8 Application of Heritage Act 1977 No 136
14
Nothing in this Act is to be construed as excluding or limiting the
15
application of the Heritage Act 1977 to Callan Park.
Page 4
[Index] [Search] [Download] [Related Items] [Help]