New South Wales Consolidated Regulations

BOTANY LOCAL ENVIRONMENTAL PLAN 1995 - REG 39

39 Classification or reclassification of public land as operational land

(1) The public land described in Schedule 6 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993 .

(2) In accordance with section 30 of the Local Government Act 1993 , a parcel of land described in Schedule 6, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from any trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except for:

(a) any reservations that except land out of a Crown grant relating to the land, and

(b) reservations of minerals (within the meaning of the Crown Lands Act 1989 ).

(3) Before the relevant amending plan that inserted the description of a parcel of land into Schedule 6 was made, the Governor approved of subclauses (2) and (4) applying to the land.

(4) In this clause, "the relevant amending plan", in relation to a parcel of land described in Schedule 6, is the local environmental plan cited at the end of the description of the parcel.