New South Wales Consolidated Acts

CROWN LANDS ACT 1989 - SECT 34A

34A Special provisions relating to Minister’s powers over Crown reserves

(1) Despite any other provision of this Act, the Minister may grant a lease, licence or permit in respect of, or an easement or right-of-way over, a Crown reserve for the purposes of any facility or infrastructure or for any other purpose the Minister thinks fit. Any such lease, licence, permit, easement or right-of-way is referred to in this section as a "relevant interest".

(2) The following provisions apply in relation to the granting of a relevant interest:

(a) the Minister is to consult the following persons or bodies before granting the relevant interest:

(i) the person or body managing the affairs of the reserve trust (if any) appointed under Part 5 as trustee of the Crown reserve that is the subject of the relevant interest,

(ii) if the Crown reserve is being used or occupied by, or is being administered by, a government agency-the Minister to whom that agency is responsible,

(b) if the Crown reserve is to be used or occupied under the relevant interest for any purpose other than the declared purpose (as defined in section 112A) of the reserve-the Minister is to specify, by notice published in the Gazette, the purposes for which the Crown reserve is to be used or occupied under the relevant interest,

(c) the Minister is not to grant the relevant interest unless the Minister:

(i) is satisfied that it is in the public interest to grant the instrument, and

(ii) has had due regard to the principles of Crown land management.

(3) Failure to comply with subsection (2) (a) does not affect the validity of the relevant interest concerned.

(4) The proceeds from a relevant interest are to be applied as directed by the Minister.

(5) Without limiting subsection (4), any such direction by the Minister may include any of the following:

(a) a direction that the proceeds (or part of the proceeds) be paid to the Consolidated Fund or to the Public Reserves Management Fund constituted under the Public Reserves Management Fund Act 1987 ,

(b) in the case of a relevant interest granted in respect of a Crown reserve for which a reserve trust has been appointed as trustee under Part 5-a direction that the proceeds (or part of the proceeds) be paid to the reserve trust or to another reserve trust,

(c) in the case of a relevant interest granted in respect of a travelling stock reserve under the care, control and management of a livestock health and pest authority-a direction that the proceeds (or part of the proceeds) be paid to that livestock health and pest authority,

(d) in the case of a Crown reserve referred to in subsection (2) (a) (ii)-a direction that the proceeds (or part of the proceeds) be paid to the relevant government agency.

(6) The provisions of:

(a) Divisions 3 and 3A apply in relation to a lease granted under this section, and

(b) Division 4 apply in relation to a licence granted under this section, and

(c) Division 5 apply in relation to an easement granted under this section as though the easement was granted or created under that Division, and

(d) Division 6 apply in relation to a permit granted under this section as though the permit was granted under that Division.

Accordingly, in relation to the granting of a relevant instrument, a reference in Divisions 3-6 to Crown land includes a reference to a Crown reserve.

(6A) Nothing in this section affects the operation of section 35.

(7) In this section:
"Crown reserve" means land that is, or is part of, a reserve within the meaning of Part 5, and includes:

(a) land within a travelling stock reserve, or

(b) land within any other reserves for public purposes under the control of trustees or other authorities.

(8) For the avoidance of any doubt, the power of the Minister to grant a relevant interest in respect of a Crown reserve under this section includes the power to enter into an agreement for such a relevant interest.

(9) A Crown reserve 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.