New South Wales Consolidated Acts

LOCAL GOVERNMENT ACT 1993 - SECT 50

50 Public garden and recreation space and drainage reserves provided for in subdivisions approved before 15.6.1964

(1) This section applies to a subdivision of land the plan of which was approved by the council:

• in the case of public garden and recreation space-before 15 June 1964

• in the case of drainage reserves-after 24 November 1922 and before 15 June 1964.

Note: 15 June 1964 is the date of commencement of the Local Government and Conveyancing (Amendment) Act 1964 . 24 November 1922 is the date of commencement of the Local Government (Validation and Amendment) Act 1922 .

(2) If a subdivision made provision for public garden and recreation space, the council may direct:

(a) that the space be conveyed or transferred to the council, or

(b) because the space is adjacent to land reserved or dedicated for the purpose of public recreation under the Crown Lands Act 1989 or to a public park that is not vested in the council, that the space be surrendered to the Crown.

Public garden and recreation space surrendered to the Crown is taken to be Crown land.

(3) If a subdivision made provision for a drainage reserve, the council may direct that the reserve be conveyed or transferred to the council.

(4) Instead of directing that land be conveyed or transferred to it, the council may publish a notice in the Gazette notifying that the land is vested in it.

(5) On publication of the notice, the land vests in the council for an estate in fee simple and is taken:

• in the case of public garden and recreation space-to be dedicated as a public reserve

• in the case of drainage reserves-to be held by the council for drainage purposes.

(6) When creating a folio of the Register under the Real Property Act 1900 for public garden and recreation space vested in the council under this section, the Registrar-General must record in the folio, by reference to this section or otherwise, that the land is dedicated as a public reserve.