New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 49

49 Public reserves and drainage reserves dedicated on subdivision, transfer or conveyance

(1) On the registration by the Registrar-General of a plan on which land is marked with the words “public reserve”, or of a transfer or conveyance to a council of land identified in the transfer or conveyance as being for use as a public reserve, the land is dedicated as a public reserve and vests in the council for an estate in fee simple.

(2) If the land so dedicated is under the Real Property Act 1900 , the Registrar-General, on registration of the plan or transfer, must create a folio of the Register under that Act for the estate of the council in the land and record in the folio, by reference to this section or otherwise, that the land is dedicated as a public reserve.

(3) On the registration by the Registrar-General of a plan on which land is marked with the words “drainage reserve”, or of a transfer or conveyance to a council of land identified in the transfer or conveyance as being for use as a drainage reserve, the land vests in the council for an estate in fee simple and is held by the council for drainage purposes.

(4) This section does not apply to a subdivision of land the plan of which was approved by the council before 15 June 1964.