New South Wales Consolidated Regulations

WOLLONGONG LOCAL ENVIRONMENTAL PLAN 1990 - REG 37B

37B Classification and reclassification of public land as operational land

(1) The public land described in Schedule 4 has been or is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993 , subject to this clause.

(2) The amendments made by the Local Government Amendment (Community Land Management) Act 1998 to section 30 of the Local Government Act 1993 do not apply to the land described in Part 1 of Schedule 4.

(3) Land described in Part 2 of Schedule 4:

(a) to the extent (if any) that the land is a public reserve, continues 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 operational land.

(4) Land described in Part 3 of Schedule 4, to the extent (if any) that it is a public reserve, ceased or ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, was or 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 in relation to the land in Part 3 of Schedule 4, and

(b) any reservations that except land out of a Crown grant relating to the land, and

(c) reservation of minerals (within the meaning of the Crown Lands Act 1989 ).

(5) In this clause, "the relevant amending plan", in relation to land described in Part 3 of Schedule 4, means the local environmental plan that inserted the description of the land in that Part.

(6) Before the relevant amending plan inserted a description of land into Part 3 of Schedule 4, the Governor approved of subclause (4) applying to the land.