New South Wales Consolidated Regulations

TUMBARUMBA LOCAL ENVIRONMENTAL PLAN 1988 - REG 38

38 Classification and reclassification of public land as operational land

(1) The public land described in Part 1 or 2 of 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 those (if any) specified for the land in Column 3 of Part 2 of Schedule 7.

(4) In this clause, "the relevant amending plan", in relation to land described in Part 2 of Schedule 7, means this plan or, if the description of the land is inserted in that Part by another local environmental plan, that plan.

(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.