New South Wales Consolidated Regulations

HAWKESBURY LOCAL ENVIRONMENTAL PLAN 1989 - REG 40C

40C Classification and reclassification of public land as operational

(1) The public land described in Schedule 5 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993 , subject to this clause.

(2) In accordance with section 30 of the Local Government Act 1993 , a parcel of land described in Part 2 of Schedule 5, 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:

(aa) those trusts, estates, interests, dedications, conditions, restrictions and covenants (if any) specified in relation to the land in Part 2 of Schedule 5, 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 ).

(3) Before the relevant amending plan that inserted a parcel of land described in Part 2 of Schedule 5 was made, the Governor approved of subclause (2) applying to the land.

(4) In this clause, the "relevant amending plan", in relation to a parcel of land described in Part 2 of Schedule 5, is the local environmental plan that inserted the description of the parcel of land into that Part.

(4A) Land described in Part 3 of Schedule 5:

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

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

(5) Land described in Part 1 of Schedule 5 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 .