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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Save Erskineville Public School
Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Definition 2
4 Erskineville Public School not to be alienated or encumbered 2
5 Development controls for Erskineville Public School 2
6 Leases and licences 3
7 Savings--existing leases and licences 3
8 Application of Heritage Act 1977 No 136 3
b02-417-p01.03
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New South Wales
Save Erskineville Public School
Bill 2002
No , 2002
A Bill for
An Act to require Erskineville Public School to be retained as a public asset; to
promote its conservation; to place restrictions on its use; and for other purposes.
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Clause 1 Save Erskineville Public School Bill 2002
1
The Legislature of New South Wales enacts:
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1 Name of Act
3
This Act is the Save Erskineville Public School Act 2002.
4
2 Commencement
5
This Act commences on the date of assent to this Act.
6
3 Definition
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In this Act:
8
Erskineville Public School means Lot 1 in Deposited Plan 779946
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and Lots A, B, C and D in Deposited Plan 436247, and includes all
10
buildings and other fixtures situated on that land.
11
4 Erskineville Public School not to be alienated or encumbered
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(1) After the commencement of this Act, Erskineville Public School can
13
not be lawfully granted, sold, leased, mortgaged, charged or
14
otherwise alienated or encumbered, except as provided by this Act.
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(2) Subsection (1) applies to each part of Erskineville Public School in
16
the same way as it applies to the whole of Erskineville Public
17
School.
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(3) However, this Act does not prevent a grant, transfer or sale to a
19
statutory body representing the Crown if the statutory body is
20
subject to the direction and control of a Minister.
21
5 Development controls for Erskineville Public School
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(1) Development of Erskineville Public School may be carried out for
23
the purpose of a government school, within the meaning of the
24
Education Act 1990, but only with development consent.
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(2) Any development (such as development for a residential purpose)
26
that is not allowed by this section is prohibited at Erskineville Public
27
School, despite any other Act or any environmental planning
28
instrument.
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(3) The consent authority for development applications relating to land
30
within Erskineville Public School is the council of the local
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government area within which the land is situated, despite any other
32
Act or any environmental planning instrument.
Page 2
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Save Erskineville Public School Bill 2002 Clause 6
1
(4) Except as provided by subsection (1), words in this section have the
2
same meanings as they have in the Environmental Planning and
3
Assessment Act 1979.
4
6 Leases and licences
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(1) Leases may be granted of buildings situated within Erskineville
6
Public School (and of any land in their immediate vicinity necessary
7
for their use) for a term that, including the term of any further lease
8
that may be granted under an option for renewal of the lease, does
9
not exceed 10 years.
10
(2) Licences may be granted authorising the licensee to use buildings
11
situated within Erskineville Public School (and of any land in their
12
immediate vicinity necessary for their use) for a term that, including
13
the term of any further licence that may be granted under an option
14
for renewal of the licence, does not exceed 10 years.
15
(3) Before any lease or licence is granted, the proposed content of the
16
lease or licence must be publicly exhibited at Erskineville Public
17
School for at least 30 days and any written comments in response
18
received within that period by the Minister administering this Act
19
must be taken into account before the lease or licence is granted.
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(4) A lease or licence can not allow any use contrary to section 5.
21
(5) A sublease of a lease granted under this section may be granted, but
22
only with the approval of the Minister administering this Act.
23
7 Savings--existing leases and licences
24
This Act does not affect any lease or licence that was entered into
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before the Bill for this Act was introduced into the Legislative
26
Assembly.
27
8 Application of Heritage Act 1977 No 136
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Nothing in this Act is to be construed as excluding or limiting the
29
application of the Heritage Act 1977 to Erskineville Public School.
Page 3
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