New South Wales Consolidated Regulations New South Wales Consolidated RegulationsThe public land described in Schedule 6 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993 .
Note: The Local Government Act 1993 defines "public land" to mean any land (including a public reserve) vested in or under the control of the Council (not including a road, land to which the Crown Lands Act 1989 applies, a common or land subject to the Trustees of Schools of Arts Enabling Act 1902 ).
Section 25 of the Local Government Act 1993 requires all public land to be classified as either “operational” or “community” in accordance with Part 2 of Chapter 6 of that Act. The classification will generally be achieved by a local environmental plan but may, in some circumstances, be achieved by a resolution of the Council (see sections 31, 32 and 33 of that Act). (Some land was classified as operational by virtue of the transitional provisions of that Act).
Reclassification of land as operational will also generally be achieved by a local environmental plan. The reclassification may, in one of the limited cases described in section 32 of that Act, be achieved by a Council resolution.
The purpose of classification (and reclassification) is to identify clearly that land which should be kept for use by the general public (community) and that land which need not (operational). The major consequence of classification is that it determines the ease or difficulty with which land may be alienated by sale, leasing or some other means.
The current classification of public land can be ascertained from the Council’s Land Register.