New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 36D

36D Community land comprising area of cultural significance

(1) This section applies to community land that is the subject of a resolution by the council that declares that, because of the presence on the land of any item that the council considers to be of Aboriginal, historical or cultural significance, the land is an area of cultural significance for the purposes of this Part.

(2) A plan of management adopted in respect of an area of land, all or part of which is land to which this section applies, is to apply to that land only, and not to other areas.

(3) A plan of management to be adopted for an area of community land, all or part of which consists of land to which this section applies:

(a) must state that the land, or the relevant part, is an area of cultural significance, and

(b) must, in complying with section 36 (3) (a), categorise the land, or the relevant part, as an area of cultural significance, and

(c) must, in complying with section 36 (3) (b), (c) and (d), identify objectives, performance targets and other matters that:

(i) are designed to protect the area, and

(ii) take account of the existence of the features of the site identified by the council’s resolution, and

(iii) incorporate the core objectives prescribed under section 36 in respect of community land categorised as an area of cultural significance, and

(d) must:

(i) when public notice is given of it under section 38, be sent (or a copy must be sent) by the council to the Director-General of National Parks and Wildlife, and

(ii) incorporate any matter specified by the Director-General of National Parks and Wildlife in relation to the land, or the relevant part.

(4) If, after the adoption of a plan of management applying to just one area of community land, all or part of that area becomes the subject of a resolution of the kind described in subsection (1):

(a) the plan of management is taken to be amended, as from the date the declaration took effect, to categorise the land or the relevant part as an area of cultural significance, and

(b) the council must amend the plan of management (and in doing so, the provisions of subsection (3) (a), (c) and (d) apply to the amendment of the plan of management in the same way as they apply to the adoption of a plan of management), and

(c) until the plan of management has been amended as required by paragraph (b):

(i) the use of the land must not be varied, except to the extent necessary to protect any item identified in the council’s resolution or in order to give effect to the core objectives prescribed under section 36 in respect of community land categorised as an area of cultural significance, or to terminate the use, and

(ii) no lease, licence or other estate may be granted in respect of the land.

(5) If, after the adoption of a plan of management applying to several areas of community land, all or part of one of those areas becomes the subject of a resolution of the kind described in subsection (1):

(a) the plan of management ceases, as from the date the declaration took effect, to apply to that area, and

(b) a plan of management must be prepared and adopted by the council for that area, and

(c) the plan of management so prepared and adopted must comply with subsection (3).