New South Wales Consolidated Regulations

CESSNOCK LOCAL ENVIRONMENTAL PLAN 1989 - REG 47A

47A Classification and reclassification of public land

(1) The public land described in Part 1, 2 or 3 of Schedule 6 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993 .

(2) A parcel of land described in Part 2 of Schedule 6 is not a public reserve and the land or any part of the land is not affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants 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) In accordance with section 30 of the Local Government Act 1993 , a parcel of land described in Part 3 of 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) those (if any) specified for the land in Part 3 of Schedule 6, and

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

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

(4) Before the relevant amending plan that inserted the description of a parcel of land into Part 3 of Schedule 6 was made, the Governor approved of subclauses (3) and (5) applying to the land.

(5) In this clause, "the relevant amending plan", in relation to a parcel of land described in Part 3 of Schedule 6, means the local environmental plan that inserted the description of the parcel of land into that Part of that Schedule.

(6) Land described in Part 1 of Schedule 6 is not affected by the amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993 .

(7) The public land described in Part 4 of Schedule 6 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993 .