New South Wales Consolidated Acts

CROWN LANDS ACT 1989 - SECT 34

34 Powers of Minister in relation to Crown land

(1) The Minister may, in such manner and subject to such terms and conditions as the Minister determines:

(a) sell, lease, exchange or otherwise dispose of or deal with Crown land, or

(b) grant easements or rights-of-way over, or licences or permits in respect of, Crown land,

on behalf of the Crown.

(3) The Minister may not, under subsection (1):

(a) sell or exchange Crown land,

(b) lease Crown land for a term exceeding 5 years, or

(c) lease Crown land for a term that, by the exercise of an option, could exceed 5 years,

unless the relevant date for the sale, exchange or lease is at least 14 days after notice of intention to sell, exchange or lease the land has been published in a newspaper circulating in the locality in which the land is situated or in a newspaper circulating generally in the State.

(4) For the purposes of subsection (3) the relevant date:

(a) for a sale or exchange by private treaty is the date on which the Minister enters into a contract to sell or exchange the land,

(b) for a sale by auction is the date of the auction,

(c) for a sale by tender is the closing date for tenders,

(d) for a sale by ballot is the closing date for nominations for the ballot, and

(e) for a lease is the date on which the lease is granted.

(5) If, under subsection (1), Crown land:

(a) is offered for sale by auction and is not sold at the auction,

(b) is offered for sale by tender and no tender is received or accepted, or

(c) is offered for sale by ballot and no nomination of the ballot is received or accepted,

subsection (3) does not apply to a sale of the land by private treaty.

(6) This section does not authorise the sale of Crown land which is reserved for a public purpose.

(7) Crown land the subject of a special purpose lease within the meaning of Division 3A may be leased under this section, but only if the granting of a lease under this section is authorised by, and complies with, the terms of the special purpose lease.