New South Wales Consolidated Regulations

NEWCASTLE LOCAL ENVIRONMENTAL PLAN 2003 - REG 19

19 Classification and reclassification of public land as operational land

(1) The public land referred to 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 (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 or covenants affecting the land or any part of the land, except for:

(a1) those (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 inserted a description of land in Part 2 of Schedule 5, the Governor approved of subclause (2) applying to the land.

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

(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 to section 30 of the Local Government Act 1993 made by the Local Government Amendment (Community Land Management) Act 1998 .