New South Wales Consolidated Acts

CROWN LANDS ACT 1989

- As at 25 June 2008
- Act 6 of 1989

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Divisions of the State
   5.      Application of Act
   6.      Crown land to be dealt with subject to this Act etc
   7.      Relationship with other Acts
   8.      Land districts
   9.      Cities, towns and villages
   10.     Objects of Act
   11.     Principles of Crown land management

   PART 2 - ADMINISTRATION

           Division 1 - Minister

   12.     Responsibility of Minister
   13.     Constitution of the Ministerial Corporation
   14.     Seal etc of the Ministerial Corporation
   15.     Functions of the Ministerial Corporation
   16.     Staff of the Ministerial Corporation
   17.     Financial year
   18.     Agency arrangements

           Division 2 - Local land boards

   19.     Appointment of Chairpersons and Senior Chairperson
   20.     Constitution of local land boards
   21.     Local land board sittings
   22.     Jurisdiction of local land boards
   23.     Minister may return decisions for further consideration
   24.     Powers and procedures of local land boards
   24A.    Protection from personal liability

           Division 3 - Appeals and references to the Land and Environment Court

   25.     Interpretation
   26.     Appeals to Court against local land board decisions
   27.     Reference of matters to the Court by a local land board
   28.     Reference of matters to the Court by the Minister
   29.     Powers of the Court

   PART 3 - LAND ASSESSMENT

   30.     Programme for land assessment
   31.     Inventory
   32.     Assessment of the capabilities of land
   33.     Identification of uses

   PART 4 - SALE, LEASE ETC OF CROWN LAND

           Division 1 - General

   34.     Powers of Minister in relation to Crown land
   34A.    Special provisions relating to Minister’s powers over Crown reserves
   35.     Assessment of land

           Division 2 - Sales of Crown land

   36.     Conditions that may be included in contracts of sale
   37.     Imposition of conditions on sale of certain land
   38.     Restrictions on transfer of certain land
   39.     Effect of recording in Register
   40.     Securing payment by way of mortgage etc

           Division 3 - Leases of Crown land

   41.     Term
   42.     Certain dealings to be leases
   43.     Application of Conveyancing Act 1919
   44.     Transfer restrictions

           Division 3A - Development districts in the Western Division and special purpose leases

   44A.    Definitions
   44B.    Development districts
   44C.    Minister may grant special purpose leases
   44D.    Provisions applicable to general purpose lease over land subject to special purpose lease
   44E.    Provisions applicable to special purpose lease over land subject to general purpose lease

           Division 4 - Licences

   45.     Licences
   46.     Certain dealings to be licences
   47.     Revocation of licences
   48.     Restrictions on transfer of licences
   48A.    Sublicences
   49.     Licences for removal of certain minerals
   50.     Rent, royalty, fees etc

           Division 5 - Easements

   51.     Definitions
   52.     Creation of easements
   53.     Release of easements
   54.     Effective date of creation or release of easements
   55.     Consent of holders required
   56.     Creation of easements for public access
   57.     Rights of public to use easements for public access
   58.     Rights of owners or lessees of affected land
   59.     Recording of particulars in the Register

           Division 5A - Carbon sequestration and related forestry rights

   59A.    Definitions
   59B.    Application of Division
   59C.    Granting and creation of carbon sequestration and related forestry rights

           Division 6 - Enclosure of roads and watercourses

   60.     Definitions
   61.     Enclosure of roads or watercourses on application
   62.     Enclosure of additional roads or watercourses
   63.     Unauthorised enclosure of roads or watercourses
   64.     Transfer of land with which enclosure permit held
   65.     Subdivision of land with which road or watercourse is enclosed
   66.     Cancellation of enclosure permit etc
   67.     Cancellation or variation of enclosure permit on acquisition of adjacent land, closing of road etc
   68.     Amalgamation of permits
   69.     Application for direction to erect gates etc
   70.     Minister or local land board may direct erection of gates etc
   71.     Objections to Minister’s direction
   72.     Cultivation of enclosed roads
   73.     Dividing fences
   74.     Public gates

           Division 7 - Vesting of land in councils

   75.     Definitions
   76.     Vesting of certain land in councils
   77.     Effect of vesting

   PART 4A - RESTRICTIONS AND COVENANTS IMPOSED ON LAND

   77A.    Restrictions and covenants relating to protection of the environment and other significant values
   77B.    Imposition of covenants relating to subdivision or separate dealings

   PART 5 - DEDICATION AND RESERVATION OF LAND

           Division 1 - Preliminary

   78.     Definitions
   79.     Order declaring land not to be reserve

           Division 2 - Dedications

   80.     Power of Minister to dedicate land
   81.     Addition to dedicated land
   82.     Tabling of proposed dedication or addition in Parliament
   83.     Effect of dedication on reservations
   84.     Revocation of dedication
   85.     Requirement for assessment
   86.     Scope of revocation power

           Division 3 - Reservations

   87.     Power of Minister to reserve land
   88.     Addition to reserved land
   89.     Effect of other reservations
   90.     Revocation of reservation
   91.     Requirement for assessment

           Division 4 - Formation of reserve trusts

   92.     Reserve trusts
   93.     Membership of trust board
   94.     Matters affecting members of a trust board
   95.     Appointment of corporation to manage reserve trust
   96.     Vacation of office by corporate manager
   96A.    Performance management for reserve trust managers
   97.     Address for service of documents on reserve trust
   97A.    Delegation of functions by reserve trust managers
   98.     Application of Local Government Act where a council manages a reserve trust
   98A.    Responsibility for certain reserves

           Division 5 - Trust property

   99.     Operation of Division
   100.    Estate of trust
   101.    Purchase etc of other land
   102.    Consent of Minister to sale, lease, easement, licence or mortgage
   102A.   Minister’s consent not required for certain leases, licences or easements
   103.    Sale, lease, easement, licence or mortgage in accordance with consent
   104.    Effect of conveyance of reserve land
   105.    Execution of conveyances etc
   106.    Proceeds etc
   106A.   Limits on compensation payable to reserve trusts
   107.    Disposal of certain income of reserve trust
   108.    Temporary licences
   109.    Termination of certain leases and licences
   110.    Saving of certain leases and licences
   111.    Dissolution of trust-disposal of property
   111A.   Dissolution of trust-appointment of new trust

           Division 6 - Plans of management

   112A.   Definitions
   112.    Preparation of draft plan of management
   113.    Referral and exhibition of draft plans
   114.    Adoption of plan of management
   115.    Alteration or cancellation of plan
   116.    Plan of management for submerged land

           Division 7 - Administrator of trust

   117.    Appointment of administrator
   118.    (Repealed)
   119.    Vacancies in office of administrator
   120.    Remuneration of administrator

           Division 8 - Miscellaneous

   121A.   Minister may authorise reserve to be used for additional purpose
   121.    Liability of reserve trust, members and other persons
   122.    Reports etc by reserve trust
   122A.   Financial year of reserve trust
   123.    Inspection etc of reserve trust
   124.    Removal of persons
   125.    Transitional provisions-additions to reserves
   126.    Provisions applicable to certain showgrounds etc
   127.    Provisions applicable to other reserved etc land
   128.    By-laws

   PART 6 - FORFEITURE OF HOLDINGS

   129.    Minister may forfeit holdings
   130.    Notification of forfeiture
   131.    Operation of forfeiture
   132.    Reversal of forfeiture
   133.    (Repealed)

   PART 7 - MISCELLANEOUS

           Division 1 - Acquisition etc of land

   134.    Power of Minister to accept gifts of land
   135.    Acquisition of land for public purpose
   136.    Withdrawal from lease or licence for public purposes
   137.    Surrender of land
   138.    Certain land may be declared to be Crown land

           Division 1A - Transfer or vesting of certain land to or in Crown

   138A.   Definitions
   138B.   Transfer of private trust land to Crown by agreement with trustees
   138C.   Vesting of public trust land in Crown by agreement with trustees
   138D.   Revocation of reservation or dedication of public trust land
   138E.   Consultation in relation to transfer or vesting of land
   138F.   Effect of transfer or vesting of land
   138G.   Provisions relating to assessment of transferred or vested land

           Division 2 - Alteration of conditions etc

   139.    Alteration of conditions or purposes and suspension etc of conditions
   140.    Removal of conditions etc
   141.    Recording of directions

           Division 2A - Minimum rents

   141A.   Minimum rent
   141B.   (Repealed)
   141C.   Operation of Division
   141D.   Division does not apply in respect of Western Division
   141E.   Commonwealth leases

           Division 2B - Minimum rent-Western Division

   141F.   Minimum rent-Western Division
   141G.   Operation of Division

           Division 3 - Determination of rent

   142.    Objections and appeals against determinations or redeterminations of rent
   143.    Determination or redetermination of rent-principles

           Division 3A - Redetermination and adjustment of rents for licences and enclosure permits

   143A.   Application of Division
   143B.   Minister may redetermine rents for licences and enclosure permits
   143C.   Adjustment of rent in line with Consumer Price Index
   143D.   Division does not apply in respect of Western Division

           Division 4 - Payments

   144.    Liability of incoming holder to pay arrears
   145.    Certificate as to amount due
   146.    (Repealed)
   147.    Recovery of money
   148.    Interest on arrears
   149.    Forfeiture etc not to extinguish debts
   150.    Postponement, waiver etc of payments
   151.    Rebates of rent
   152.    Alteration of due dates for payments

           Division 5 - Protection of public land

   153.    Definitions
   154.    Operation of Division
   155.    Offences on public land
   156.    Unauthorised use of structures or land
   157.    Compensation
   158.    Removal of unauthorised structures
   159.    Removal of trespassers from public land
   160.    Vehicles on vacant public land
   161.    Liability of vehicle owner for certain offences
   162.    Penalty notices for certain offences
           163-165. (Repealed)
   166.    Impounding of animals
   167.    Requirement to state name and address
   168.    Obstruction of authorised persons

           Division 5A - Powers to enter and inspect land and to obtain information

   168A.   Definitions
   168B.   Appointment of authorised inspectors
   168C.   Powers of entry and inspection in relation to land
   168D.   Power to obtain information
   168E.   Arrangements with other government agencies

           Division 6 - Legal and evidentiary provisions

   169.    Title to land
   170.    Limitation on acquisition of title by possession against the Crown
   171.    Exclusion of minerals, other reservations, exceptions etc
   172.    Land with boundaries to lakes, roads etc
   173.    Evidence of land being measured
   174.    Ownership of improvements on forfeiture etc
   175.    Proceedings for offences
   176.    Offences by corporations
   177.    Certificate as to status of land etc
   178.    Certificate evidence as to authorised persons and inspectors
   179.    Removal of recordings in Register

           Division 7 - General provisions

   180.    Delegation
   180A.   Fees for services
   180B.   GST may be added to certain amounts
   180C.   Payments due under the Act
   181.    Notices
   181A.   General provisions applicable to CPI adjustment
   182.    Minister may require information to be furnished etc
   183.    Failing to furnish information etc
   183A.   Application of Environmental Planning and Assessment Act 1979
   184.    Regulations
   184A.   Compensation not payable
   185.    Repeals
   186.    Savings, transitional and other provisions
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           Schedule 6 (Repealed)
           SCHEDULE 7
           SCHEDULE 8