New South Wales Consolidated Regulations

FAIRFIELD LOCAL ENVIRONMENTAL PLAN 1994 - REG 27

27 Classification or reclassification of public land

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

(2) Subclauses (3)-(6) do not apply to land classified or reclassified as community land.

(3) In accordance with section 30 of the Local Government Act 1993 , a parcel of land described in Part 2 of Schedule 3, to the extent 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:

(a1) those (if any) specified for the land in Part 2 of Schedule 3, and

(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 ).

(3A) The public land described in Part 3 of Schedule 3:

(a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and

(b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.

(4) Before the relevant amending plan that inserted the description of a parcel of land into Part 2 of Schedule 3 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 2 of Schedule 3, means the local environmental plan that inserted the description of the parcel of land into that Part.

(6) Land described in Part 1 of Schedule 3 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 .