New South Wales Consolidated Regulations

HASTINGS LOCAL ENVIRONMENTAL PLAN 2001 - REG 41

41 Classification and reclassification of public land as operational land

(1) The public land described in Schedule 7 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993 , subject to this clause.

(2) Land described in Part 1 of Schedule 7:

(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.

(3) Land described in Columns 1 and 2 of Part 2 of Schedule 7, 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 all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except:

(a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 7, 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) In this clause, "the relevant amending plan", in relation to land described in Part 2 of Schedule 7, means the local environmental plan that inserted the description of the land into that Part.

(5) Before the relevant amending plan inserted a description of land into Part 2 of Schedule 7, the Governor approved of subclause (3) applying to the land.