Crown Lands Act 1989 CROWN LANDS REGULATION 2000 - Made under the Crown Lands Act 1989 - As at 1 September 2006 - Reg 517 of 2000 TABLE OF PROVISIONS TABLE OF PROVISIONS PART 1 - PRELIMINARY 1. Name of Regulation 2. Commencement 3. Definitions 4. Fees and deposits 5. Minerals in relation to land not in a special land district 6. Divisions of the State—alteration or redefinition PART 2 - ADMINISTRATION 7. Custody of seal of Ministerial Corporation 8. Use of seal of Ministerial Corporation 9. Records of Ministerial Corporation 10. Jurisdiction of local land boards 11. Registrar of Local Land Boards 12. Registrar to bring matters before board 13. Notice of proceedings before board 14. Substituted service of notice of proceedings 15. Proceedings may be heard in absence of a party 16. Issue of summons 17. Allowances payable to witnesses before local land boards 18. Form of warrant to apprehend witness 19. Appeal against local land board decision PART 3 - LAND ASSESSMENT 20. Land evaluation criteria 21. Notification and public comment on land assessments PART 4 - SALE, LEASE OR OTHER DISPOSAL OF CROWN LAND 22. Application for consent to transfer 23. Activities prohibited on easements for public access 24. Structures that may be erected on easements for public access 25. Enclosure of roads or watercourses 26. Enclosure of additional roads or watercourses 27. Transfer of land with which enclosure permit held 28. Amalgamation of enclosure permits 29. Application for direction to provide gates or other access 30. Cultivation of enclosed roads PART 5 - DEDICATION AND RESERVATION OF LAND 31. Disclosure of pecuniary interests 32. Temporary licences 33. Reserve trust reports 34. Reserve trust records 35. Notification and public comment on draft plans of management PART 6 - MISCELLANEOUS 36. Compensation for land withdrawn from lease or licence 37. Surrender of land 38. Change of conditions or purposes 39. Exemption from conditions 40. Objections to, and appeals against, determination or redetermination of rent 41. Classes of holding—payment of arrears 42. Minimum rents—Western Division 43. Interest on arrears 44. Rebates of rent 45. Protection of public land—authorised persons 46. Dumping of materials 47. Unauthorised activities on public land 48. Penalty notices for certain offences 49. Amount of penalty under penalty notice 50. Short description of offences 51. Removal of improvements from holdings 51A. Local land board hearings—fencing work 52. Savings provision SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 CROWN LANDS REGULATION 2000 - REG 1 Name of Regulation 1 Name of Regulation This Regulation is the Crown Lands Regulation 2000. CROWN LANDS REGULATION 2000 - REG 2 Commencement 2 Commencement This Regulation commences on 1 September 2000. Note: This Regulation replaces the Crown Lands Regulation 1995 which is repealed on 1 September 2000 under section 10 (2) of the Subordinate Legislation Act 1989. CROWN LANDS REGULATION 2000 - REG 3 Definitions 3 Definitions (1) In this Regulation: "approved form" means a form approved by the Minister under subclause (2) for the purposes of the provision of this Regulation in relation to which the expression is used. "Department" means the Department of Land and Water Conservation. "Infringement Processing Bureau" means the Infringement Processing Bureau within the Police Service. "IPB Code", in relation to an offence, means the code allocated to the offence by the Infringement Processing Bureau. "office of Land NSW" means: (a) a district office of the part of the Department operating under the name of “Land NSW”, or (b) the Sydney office of the Department. "the Act" means the Crown Lands Act 1989. (2) The Minister may approve forms for the purposes of this Regulation. (3) The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation. CROWN LANDS REGULATION 2000 - REG 4 Fees and deposits 4 Fees and deposits The fees and deposits specified in Schedule 1 are payable in respect of the matters referred to in that Schedule. CROWN LANDS REGULATION 2000 - REG 5 Minerals in relation to land not in a special land district 5 Minerals in relation to land not in a special land district For the purposes of paragraph (a) of the definition of "mineral" in section 3 of the Act, the substances prescribed as minerals, in relation to land not in a special land district, are those specified in Schedule 2. CROWN LANDS REGULATION 2000 - REG 6 Divisions of the State—alteration or redefinition 6 Divisions of the State—alteration or redefinition For the purposes of section 4 (4) (a) of the Act, a notice describing a proposal to alter or redefine the boundary between the Eastern and Central Division and the Western Division of the State is required to be published: (a) in a newspaper circulating in the locality in which the alteration or redefinition of the boundary is to be made, or (b) in a newspaper circulating generally in the State. CROWN LANDS REGULATION 2000 - REG 7 Custody of seal of Ministerial Corporation 7 Custody of seal of Ministerial Corporation The seal of the Ministerial Corporation is to be kept in the custody of the Director-General of the Department. CROWN LANDS REGULATION 2000 - REG 8 Use of seal of Ministerial Corporation 8 Use of seal of Ministerial Corporation The seal of the Ministerial Corporation may be affixed to an instrument or document only: (a) in the presence of the Minister or a person authorised by the Ministerial Corporation for the purposes of this clause, and (b) with an attestation by the signature of the Minister or person of the fact of the affixing of the seal. CROWN LANDS REGULATION 2000 - REG 9 Records of Ministerial Corporation 9 Records of Ministerial Corporation The Director-General of the Department is required to keep written records containing details of all acts, decisions and proceedings of the Ministerial Corporation. CROWN LANDS REGULATION 2000 - REG 10 Jurisdiction of local land boards 10 Jurisdiction of local land boards (1) For the purposes of section 22 (1) (b) of the Act, the Minister may refer any of the following matters to a local land board or a Chairperson sitting alone for inquiry and report: (a) any matter arising out of the administration of any land, lease or licence that the Minister or the Ministerial Corporation administers under any arrangement entered into under section 18 of the Act, (b) any matter arising out of the administration of any land, lease or licence that the Minister or the Ministerial Corporation administers on behalf of the Crown, (c) any matter arising out of the administration of any land dedicated under the Act or the Crown Lands Acts or of any common within the meaning of the Commons Management Act 1989. (2) In this clause, a reference to the administration of any land includes a reference to the use and management of the land. CROWN LANDS REGULATION 2000 - REG 11 Registrar of Local Land Boards 11 Registrar of Local Land Boards (1) The Director-General of the Department is required to appoint a Registrar of Local Land Boards for each land district. (2) One Registrar may be appointed for several land districts. CROWN LANDS REGULATION 2000 - REG 12 Registrar to bring matters before board 12 Registrar to bring matters before board Subject to any direction by the Chairperson or the Senior Chairperson, the Registrar of Local Land Boards must bring all matters before the local land board or the Chairperson as soon as practicable after they are received. CROWN LANDS REGULATION 2000 - REG 13 Notice of proceedings before board 13 Notice of proceedings before board Notice of the time and place appointed for any proceedings before the local land board or Chairperson, and of the nature of the proceedings: (a) is to be in the approved form, and (b) is to be served on the parties to the proceedings not less than 14 days before the time appointed for the proceedings (or such lesser period as may be directed by the Chairperson). CROWN LANDS REGULATION 2000 - REG 14 Substituted service of notice of proceedings 14 Substituted service of notice of proceedings (1) If for any reason it is not possible or practicable to effect service of a notice of proceedings before a local land board or the Chairperson, the Chairperson may give directions for service or for the substitution of the advertisement of the proceedings in a newspaper circulating in the locality or in the State. (2) If those directions are carried out, service of notice is to be taken to have been effected. CROWN LANDS REGULATION 2000 - REG 15 Proceedings may be heard in absence of a party 15 Proceedings may be heard in absence of a party If the local land board or Chairperson is satisfied that notice of the time and place appointed for any proceedings has been given to a party, the board or Chairperson may proceed and adjudicate in the absence of that party. CROWN LANDS REGULATION 2000 - REG 16 Issue of summons 16 Issue of summons (1) Any summons to give evidence or for the production of deeds or other documents to the local land board: (a) may be issued by the Chairperson or other member of the local land board on payment of the fee specified in Schedule 1, and (b) is to be in the approved form. (2) A telephonic generated facsimile of a summons issued by the Chairperson or other member of the local land board that is certified by a Registrar as having been received from the Chairperson or member may be dealt with as if it is the original summons. CROWN LANDS REGULATION 2000 - REG 17 Allowances payable to witnesses before local land boards 17 Allowances payable to witnesses before local land boards For the purposes of clause 3 (e) of Schedule 2 to the Act, the allowances for attendance and travelling payable to witnesses before a local land board are the same as those payable from time to time to witnesses attending Local Courts. CROWN LANDS REGULATION 2000 - REG 18 Form of warrant to apprehend witness 18 Form of warrant to apprehend witness For the purposes of clause 3 (f) of Schedule 2 to the Act, the prescribed form of warrant to bring a person before a local land board to give evidence is the form specified in Schedule 3. CROWN LANDS REGULATION 2000 - REG 19 Appeal against local land board decision 19 Appeal against local land board decision For the purposes of section 26 of the Act, an appeal to the Land and Environment Court against a decision of a local land board is to be made: (a) by filing an application in accordance with the Land and Environment Court Rules 1996, and (b) by paying the appropriate fees in accordance with the Land and Environment Court Regulation 2000. CROWN LANDS REGULATION 2000 - REG 20 Land evaluation criteria 20 Land evaluation criteria For the purposes of section 32 of the Act, the prescribed land evaluation criteria are as follows: (a) the susceptibility of: (i) the land to hazards, including fire, flood, landslip, subsidence and coastline hazards, and (ii) the land and any catchment of which the land forms part to degradation, including soil erosion, salinity, waterlogging, soil structure decline, soil acidity, tree decline and weed invasion, (b) the significance of: (i) inherent natural, catchment, cultural and heritage values, including scenic, habitat, native vegetation, scientific and water body features, and (ii) ecological values, including the presence of representative, rare or endangered species or communities of flora or fauna and wildlife corridors, and (iii) natural resources, including minerals, extractive materials, timber resources, surfacewaters and groundwaters, (c) the ecological sustainability of potential land uses of the land and any catchment of which the land forms part. CROWN LANDS REGULATION 2000 - REG 21 Notification and public comment on land assessments 21 Notification and public comment on land assessments (1) This clause applies to draft land assessments that are part of the programme for the assessment of Crown land instituted by the Minister under Part 3 of the Act. (2) The Minister is required to cause notice of the preparation of any draft land assessment to be published in: (a) the Gazette, and (b) a newspaper circulating in the locality in which the land concerned is situated or in a newspaper circulating generally in the State. (3) Any such notice must: (a) invite representations from the public concerning the draft land assessment, and (b) specify the place and time at which the draft land assessment may be inspected by the public, and (c) specify the period (being not less than 28 days) within which any representations may be made and the person to whom they are to be sent. CROWN LANDS REGULATION 2000 - REG 22 Application for consent to transfer 22 Application for consent to transfer (1) This clause applies to an application for consent to transfer land that is subject to a recording under one of the following provisions of the Act: (a) section 36 (4) (a) (condition in contract for sale), (b) section 37 (2) (a) (conditions on a sale to a purchaser), (c) section 38 (a) (transfer restrictions on purchases), (d) section 44 (1) (a) (transfer restrictions on leases). (2) Any such application to transfer land: (a) is to be in the approved form, and (b) is to be lodged with an office of Land NSW together with the fee specified in Schedule 1. CROWN LANDS REGULATION 2000 - REG 23 Activities prohibited on easements for public access 23 Activities prohibited on easements for public access For the purposes of section 57 (1) of the Act, the following activities may not be carried on on land the subject of an easement for public access: (a) camping, (b) carrying or using firearms or any other weapon or thing used for hunting (other than a fishing rod, line or net), (c) lighting fires, (d) taking any animal onto the land, (e) damaging or injuring any fauna or flora, (f) setting traps, (g) driving any motor vehicle, trail bike or other vehicle propelled by mechanical power (except if a sign is displayed with the authority of the Minister on the site of the easement authorising the use of any such vehicle), (h) depositing or leaving any rubbish, litter, dead animal or other similar matter. CROWN LANDS REGULATION 2000 - REG 24 Structures that may be erected on easements for public access 24 Structures that may be erected on easements for public access For the purposes of section 58 (1) (b) of the Act, the following type of structure (in addition to fences and gates) may be erected, without the written consent of the Minister, on land the subject of an easement for public access by the owner or lessee of land affected by the easement: Cattle ramp Pipeline Pump CROWN LANDS REGULATION 2000 - REG 25 Enclosure of roads or watercourses 25 Enclosure of roads or watercourses For the purposes of section 61 (1) of the Act, an application for a permit to enclose wholly or in part any road or watercourse: (a) is to be in the approved form, and (b) is to be lodged with an office of Land NSW together with the fee specified in Schedule 1. CROWN LANDS REGULATION 2000 - REG 26 Enclosure of additional roads or watercourses 26 Enclosure of additional roads or watercourses For the purposes of section 62 (1) of the Act, an application by the holder of an enclosure permit to enclose any additional road or watercourse: (a) is to be in the approved form, and (b) is to be lodged with an office of Land NSW together with the fee specified in Schedule 1. CROWN LANDS REGULATION 2000 - REG 27 Transfer of land with which enclosure permit held 27 Transfer of land with which enclosure permit held For the purposes of section 64 (2) of the Act: (a) the prescribed manner of notifying the Department of the transfer of land with which an enclosure permit is held is by a notice in writing lodged with an office of Land NSW together with the fee specified in Schedule 1, and (b) the prescribed time for giving that notice is within 28 days of the date of the transfer. CROWN LANDS REGULATION 2000 - REG 28 Amalgamation of enclosure permits 28 Amalgamation of enclosure permits For the purposes of section 68 (1) of the Act, an application by the holder of 2 or more enclosure permits to amalgamate the permits: (a) is to be in the approved form, and (b) is to be lodged with an office of Land NSW together with the fee specified in Schedule 1. CROWN LANDS REGULATION 2000 - REG 29 Application for direction to provide gates or other access 29 Application for direction to provide gates or other access For the purposes of section 69 (1) of the Act, an application for a direction by a local land board under section 70 of the Act: (a) is to be in the approved form, and (b) is to be lodged with the Registrar of Local Land Boards for the land district in which the land is situated together with the fee specified in Schedule 1. CROWN LANDS REGULATION 2000 - REG 30 Cultivation of enclosed roads 30 Cultivation of enclosed roads For the purposes of section 72 (1) of the Act, an application for a dispensation from a requirement to erect gates or provide other means of access to, and an authority to cultivate, an enclosed road: (a) is to be in the approved form, and (b) is to be lodged with an office of Land NSW together with the fee specified in Schedule 1. CROWN LANDS REGULATION 2000 - REG 31 Disclosure of pecuniary interests 31 Disclosure of pecuniary interests For the purposes of clause 1 (3) of Schedule 4 to the Act, the prescribed fee for inspection of the book containing particulars of disclosures of pecuniary interests of members of a trust board is the fee specified in Schedule 1. CROWN LANDS REGULATION 2000 - REG 32 Temporary licences 32 Temporary licences For the purposes of section 108 of the Act: (a) in addition to grazing, the purposes for which a temporary licence may be granted are as follows: Advertising Camping using a tent, caravan or otherwise Catering Entertainments Equestrian events Exhibitions Filming (within the meaning of the Local Government Act 1993) Functions Hiring of equipment Holiday accommodation Markets Meetings Mooring of boats to wharves or other structures Sales Shows Sporting and organised recreational activities Stabling of horses (b) in addition to any other condition subject to which a temporary licence is granted, the licence is subject to the condition that the relationship of landlord and tenant is not created between the parties, and (c) unless it is revoked sooner or is granted for a shorter period, a temporary licence ceases to have effect one year after it is granted. CROWN LANDS REGULATION 2000 - REG 33 Reserve trust reports 33 Reserve trust reports (1) For the purposes of section 122 (1) (a) of the Act, a reserve trust must furnish to the Minister each year, within 3 months of the close of the trust’s financial year, a report on its activities. (2) Any such report is to include details of income, expenditure, assets, liabilities, improvements effected, leases and licences granted or in force, uses made of the reserve and any particulars of pecuniary interests recorded in the book referred to in clause 31. (3) If directed by the Minister by notice in writing to do so, a reserve trust must arrange for any such report to be audited by a person approved by the Minister. CROWN LANDS REGULATION 2000 - REG 34 Reserve trust records 34 Reserve trust records For the purposes of section 122 (1) (b) of the Act, a reserve trust must keep the records specified in Schedule 4. CROWN LANDS REGULATION 2000 - REG 35 Notification and public comment on draft plans of management 35 Notification and public comment on draft plans of management (1) This clause applies to a plan of management under Division 6 of Part 5 of the Act that is required (before its adoption by the Minister) to be placed on public display. (2) The Minister is required to cause notice of a plan of management to be published in: (a) the Gazette, and (b) a newspaper circulating in the locality in which the land concerned is situated or in a newspaper circulating generally in the State. (3) Any such notice must: (a) invite representations from the public concerning the plan, and (b) specify the place and time at which the plan may be inspected by the public, and (c) specify the period (being not less than 28 days) within which any representations may be made and the person to whom they are to be sent. CROWN LANDS REGULATION 2000 - REG 36 Compensation for land withdrawn from lease or licence 36 Compensation for land withdrawn from lease or licence For the purposes of section 136 (5) of the Act, a reference in the Land Acquisition (Just Terms Compensation) Act 1991 to an acquisition notice is to be read as a reference to a withdrawal notification under section 136 (1) of the Crown Lands Act 1989. CROWN LANDS REGULATION 2000 - REG 37 Surrender of land 37 Surrender of land (1) For the purposes of section 137 of the Act, an application for the Minister’s consent to surrender any land or any lease from the Crown under the Act or the Crown Lands (Continued Tenures) Act 1989: (a) is to be in the approved form, and (b) is to be lodged with an office of Land NSW together with the deposit specified in Schedule 1 towards the cost of dealing with the surrender. (2) If the Minister consents to the surrender, the holder of the land or the lease must lodge an instrument in the approved form with an office of Land NSW together with: (a) the balance, if any, of the cost of dealing with the surrender, and (b) the Crown grant or certificate of title, if any, relating to the land the subject of the surrender. (3) If the deposit in Schedule 1 exceeds the cost of dealing with the surrender, the balance is to be refunded. (4) If a surrender is proposed to be made at the instance or for the benefit of the Crown, application for the Minister’s consent is not required and no costs may be charged. CROWN LANDS REGULATION 2000 - REG 38 Change of conditions or purposes 38 Change of conditions or purposes For the purposes of section 139 (1) of the Act, an application by the holder for the alteration, modification or revocation of, or addition to, any condition attaching to a holding or land or the purposes of a holding: (a) is to be in the approved form, and (b) is to be lodged with an office of Land NSW together with the fee specified in Schedule 1. CROWN LANDS REGULATION 2000 - REG 39 Exemption from conditions 39 Exemption from conditions For the purposes of section 139 (2) of the Act, an application by the holder for exemption from complying with a condition attaching to a holding or land: (a) is to be in the approved form, and (b) is to be lodged with an office of Land NSW together with the fee specified in Schedule 1. CROWN LANDS REGULATION 2000 - REG 40 Objections to, and appeals against, determination or redetermination of rent 40 Objections to, and appeals against, determination or redetermination of rent (1) For the purposes of section 142 (3) of the Act, an objection to the Minister’s determination or redetermination of the rent of a lease, licence or enclosure permit: (a) is to be in the approved form, and (b) is to be lodged with an office of Land NSW within 28 days of service on the holder of the notice of the determination or redetermination of the rent. (2) For the purposes of section 142 (5) (a) of the Act, notice of an appeal to the local land board against the Minister’s decision on any such objection: (a) is to be in the approved form, and (b) is to be lodged with the Registrar of Local Land Boards for the land district in which the land is situated, within 28 days of service on the objector of the Minister’s decision on the objection, together with the fee specified in Schedule 1. (3) The Registrar of Local Land Boards must, as soon as practicable after the receipt of the notice of appeal, give notice of the appeal to all persons directly affected by the Minister’s decision on the objection. (4) For the purposes of section 142 (5) (b) of the Act, an appeal to the Land and Environment Court against the Minister’s decision on an objection referred to in section 142 (3) and (4) of the Act is to be made: (a) by filing an application in accordance with the Land and Environment Court Rules 1996, and (b) by paying the appropriate fees in accordance with the Land and Environment Court Regulation 2000. CROWN LANDS REGULATION 2000 - REG 41 Classes of holding—payment of arrears 41 Classes of holding—payment of arrears For the purposes of section 144 of the Act, the following classes of holding are prescribed: (a) any lease or licence under the Act, (b) any incomplete purchase, perpetual lease, term lease, special lease or permissive occupancy under the Crown Lands (Continued Tenures) Act 1989. CROWN LANDS REGULATION 2000 - REG 42 Minimum rents—Western Division 42 Minimum rents—Western Division (1) For the purposes of section 141F of the Act: (a) the minimum annual rent of a holding is $70, and (b) the minimum annual rent of an enclosure permit in relation to which the Minister has authorised the cultivation of the land enclosed is $70, and (c) the minimum annual rent of any other enclosure permit is $50. CROWN LANDS REGULATION 2000 - REG 43 Interest on arrears 43 Interest on arrears (1) For the purposes of sections 148 (2) and 150 (2) (a) of the Act, the prescribed rate of interest is 8 per cent per annum plus the Bank Accepted Bill rate rounded to the second decimal place (rounding 0.005 upwards). (2) In this clause, "Bank Accepted Bill rate" has the same meaning as in section 22 (4) of the Taxation Administration Act 1996. CROWN LANDS REGULATION 2000 - REG 44 Rebates of rent 44 Rebates of rent For the purposes of section 151 of the Act, the following classes of holder are prescribed: (a) an eligible pensioner (as defined in the Local Government Act 1993) whose holding is occupied as his or her sole place of residence (or is an adjunct thereto) and is not used for any commercial purpose, (b) a community service, sporting or recreational organisation: (i) that is the holder of an authority under the Charitable Fundraising Act 1991, or (ii) that is incorporated under the Associations Incorporation Act 1984, or (iii) that the Minister is satisfied is a non-profit organisation, whose holding is used as a help or service facility of benefit to the general community or as an active sporting, passive recreational or youth advancement facility of general benefit to a local community, (c) an owner or occupier of residential property that is accessible only by water and whose holding contains a structure that is used for the purposes of obtaining access to the property and is not used for any commercial purpose, (d) a local council whose holding is used to provide facilities, without charge, for the benefit of the general community. CROWN LANDS REGULATION 2000 - REG 45 Protection of public land—authorised persons 45 Protection of public land—authorised persons For the purposes of paragraph (b) of the definition of "authorised person" in section 153 of the Act, the following offices, positions and ranks are prescribed (except for the purposes of section 159 of the Act): Director-General Deputy Director-General, Regional and Commercial Services Deputy Director-General, Natural Resource Management Regional Director General Manager Area Manager District Manager Surveyor Lands Officer, District Office, Level 2 and above Manager Surveyor Lands Officer, Level 2 and above Clerk, Grade 5 and above Manager Crown Lands Services Manager Rangelands Management Officer Lands Officer, Level 2 and above CROWN LANDS REGULATION 2000 - REG 46 Dumping of materials 46 Dumping of materials For the purposes of section 155 (1) (i) (ii) of the Act, the following classes or descriptions of matter are prescribed: (a) vehicles or parts of them, (b) marine craft or aircraft or parts of them, (c) household effects, appliances, materials or waste, (d) clothing, (e) agriculture, building, commercial or industrial materials or waste, (f) machinery, plant or equipment or parts of them, (g) chemicals or metals, (h) vegetable matter, (i) stone, sand, shells, clay, earth or ash, (j) radioactive material. CROWN LANDS REGULATION 2000 - REG 47 Unauthorised activities on public land 47 Unauthorised activities on public land For the purposes of section 156 (1), (2) and (3) of the Act, the following activities are prescribed: (a) conducting any entertainment, instruction or performance for money or consideration of any kind, (b) operating television, cinematographic or photographic equipment for commercial purposes, (c) conducting or taking part in any sporting activity that forms part of an organised competition, (d) selling, offering for sale or distributing any article or thing, (e) affixing any sign, bill, poster, banner or bunting on, or to, any tree or any post, building, fence, seat, table, enclosure or other structure, (f) camping, (g) lighting of fires other than in a properly constructed fire place, (h) driving a vehicle or riding a horse, (i) carrying or using firearms, (j) discharging fireworks, (k) using any bow and arrow or throwing any stone or other dangerous missile, (l) drinking alcohol, (m) selling, offering for sale or otherwise providing alcohol to a person. CROWN LANDS REGULATION 2000 - REG 48 Penalty notices for certain offences 48 Penalty notices for certain offences For the purposes of section 162 (1) of the Act, the prescribed offences are as follows: (a) an offence under section 155 (1) (a), (b), (c), (d), (e), (f), (h) or (i) of the Act, (b) an offence under section 156 (2) or (3) of the Act, (c) an offence under section 160 (6) of the Act. CROWN LANDS REGULATION 2000 - REG 49 Amount of penalty under penalty notice 49 Amount of penalty under penalty notice For the purposes of section 162 (2) of the Act, the amount of penalty payable under a penalty notice is as follows: (a) in relation to an offence under section 155 (1) (a), (b), (c), (d), (e), (f), (h) or (i) of the Act—$220, (b) in relation to an offence under section 156 (2) or (3) of the Act—$220, (c) in relation to an offence under section 160 (6) of the Act—$66. CROWN LANDS REGULATION 2000 - REG 50 Short description of offences 50 Short description of offences (1) For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision specified in Column 1 of Schedule 5 consists of: (a) if one or more IPB codes are set out in relation to the offence in Column 2 of Schedule 5, any of those IPB codes together with: (i) the text set out in relation to the offence in Column 3 of Schedule 5, or (ii) if a choice of words is indicated in that text, the words remaining after the omission of the words irrelevant to the offence, or (b) if no IPB code is set out in relation to the offence in Column 2 of Schedule 5: (i) the text set out in relation to the offence in Column 3 of Schedule 5, or (ii) if a choice of words is indicated in that text, the words remaining after the omission of the words irrelevant to the offence. (2) For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 5, the prescribed expression for the offence is taken to relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed. (3) The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used. (4) Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal. CROWN LANDS REGULATION 2000 - REG 51 Removal of improvements from holdings 51 Removal of improvements from holdings For the purposes of section 174 (2) of the Act, an application by the former holder for permission to remove improvements on forfeiture, surrender or other determination of a holding: (a) is to be in the approved form, and (b) is to be lodged with an office of Land NSW together with the fee specified in Schedule 1. CROWN LANDS REGULATION 2000 - REG 51A Local land board hearings—fencing work 51A Local land board hearings—fencing work An application made to a local land board under section 12 of the Dividing Fences Act 1991 is to be in an approved form and is to be accompanied by the fee specified in Schedule 1. CROWN LANDS REGULATION 2000 - REG 52 Savings provision 52 Savings provision Any act, matter or thing that, immediately before the repeal of the Crown Lands Regulation 1995, had effect under that Regulation is taken to have effect under this Regulation. CROWN LANDS REGULATION 2000 - SCHEDULE 1 SCHEDULE 1 – Fees and deposits (Clause 4) _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| | |Application for consent to transfer land that is subject to a | | |2 |recording under section 36 (4) (a), 37 (2) (a), 38 (a) or 44 (1) (a) |151| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |5 |Notice of transfer of land with which enclosure permit held (clause |57 | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |8 |Application for authority to cultivate an enclosed road etc (clause |151| |_____________________________________________________________________________| |9 |Inspection of the book containing particulars of disclosures of |25 | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |13|Notice of appeal to local land board against Minister’s |63 | |_____________________________________________________________________________| |14|Application by former holder to remove improvements on forfeiture, |151| |_____________________________________________________________________________| |15|Application to local land board under section 12 of the Dividing |61 | |_____________________________________________________________________________| CROWN LANDS REGULATION 2000 - SCHEDULE 2 SCHEDULE 2 – Substances defined as minerals in relation to land not in a special land district (Clause 5) _____________________________________________________________ |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| |_____________________________________________________________| CROWN LANDS REGULATION 2000 - SCHEDULE 3 SCHEDULE 3 – Form of warrant (Clause 18) Warrant to apprehend a witness Warrant to apprehend a witness Crown Lands Act 1989 To all police officers in the State of New South Wales: WHEREAS(the “witness”) was served with a summons requiring appearance as a witness before the Local Land Board on in the matter of and was paid or tendered reasonable expenses for attendance but did not obey the summons. The hearing of the proceedings for which the witness is required is now set down at the aton theday of20 at the hour of You are ordered to apprehend the witness before that time and to take the witness before the Local Land Board to be dealt with according to law. If this warrant is not executed before that time, you are ordered to return it to the Chairperson of the Local Land Board immediately. Dated thisday of20 Chairperson CROWN LANDS REGULATION 2000 - SCHEDULE 4 SCHEDULE 4 – Records to be kept by Reserve Trust (Clause 34) 1 Where a reserve trust is managed by a trust board: (1) Minutes of all meetings. (2) Receipts for all money received. (3) Documentation of all expenditure. (4) Cash Book. (5) Bank, building society or credit union deposit book. (6) Plant and asset register. 2 Where a reserve trust is managed by a council as defined in the: Such records as the council is required to keep under the Local Government Act 1993 and in such a manner that will permit dissection of: (1) Monetary details in respect of each reserve from which the Council receives revenue of any nature, and (2) Details of improvements effected on each reserve, and (3) Details of all leases and licences granted or in force. 3 Where a reserve trust is managed by a corporation other than a council as defined in the: Such records as the corporation is required to keep under the legislation under which it is established and in such a manner that will permit dissection of details of income, expenditure, assets, liabilities, improvements effected and leases and licences granted or in force in respect of the reserve separate from any other activity of the corporation. CROWN LANDS REGULATION 2000 - SCHEDULE 5 SCHEDULE 5 – Short description of offences (Clause 50) _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| |Section 155 (1) (a) of the | |reside on public land without | |Act—reside on public land |5850 |authority | |_____________________________________________________________________________| |Section 155 (1) (b) of the | |erect structure on public land | |Act—erect a structure on public|5851 |without authority | |_____________________________________________________________________________| |Section 155 (1) (c) of the | |graze stock on public land without| |Act—graze stock on public land |5852 |authority | |_____________________________________________________________________________| |Section 155 (1) (d) of the | |drive stock on public land without| |Act—drive stock on public land |5853 |authority | |_____________________________________________________________________________| |Section 155 (1) (e) of the | | | |Act—clear, dig up or cultivate |5854 |clear/dig up/cultivate public land| |public land without lawful | |without authority | |_____________________________________________________________________________| |Section 155 (1) (f) of the | | | |Act—enclose public land (other | |enclose public land without | |than a road or watercourse to |5855 |authority | |which section 63 applies) without| | | |_____________________________________________________________________________| |Section 155 (1) (h) of the | | | |Act—interfere with any | |interfere with substance on public| |substance, whether on or in, or |5856 |land without authority | |forming part of, public land | | | |_____________________________________________________________________________| |Section 155 (1) (i) of the | | | |Act—without lawful authority, | | | |_____________________________________________________________________________| |(i) any rubbish, litter, refuse, | |deposit/leave rubbish/litter/ | |dead animal, filth or other |5857 |refuse/dead animal/filth/matter on| |_____________________________________________________________________________| |(ii) any matter of a prescribed | | | |class or description, whether or |5858 |deposit/leave prescribed matter on| |not of a kind referred to in | |public land without authority | |_____________________________________________________________________________| |except in a place or receptacle | | | |_____________________________________________________________________________| |Section 156 (2) of the | | | |Act—after service of a notice | | | |prohibiting the making use, | | | |without lawful authority, of a | |use structure on public land after| |structure erected on public land,|5859 |notice | |make use of the structure without| | | |lawful authority after the expiry| | | |of the period specified in the | | | |_____________________________________________________________________________| |Section 156 (2) of the Act and | | | |clause 47 (a) of this | | | |Regulation—after service of a | | | |notice prohibiting the carrying | | | |on, without lawful authority, of | | | |a prescribed activity on public | |conduct entertainment/instruction/| |land, carry on the activity (that|5860 |performance on public land after | |is, conduct any entertainment, | |notice | |instruction or performance for | | | |money or consideration of any | | | |kind) without lawful authority | | | |after the expiry of the period | | | |_____________________________________________________________________________| |Section 156 (2) of the Act and | | | |clause 47 (b) of this | | | |Regulation—after service of a | | | |notice prohibiting the carrying | | | |on, without lawful authority, of | | | |a prescribed activity on public | |operate TV/cinema/photo equipment | |land, carry on the activity (that|5861 |on public land after notice | |is, operate television, | | | |cinematographic or photographic | | | |equipment for commercial | | | |purposes) without lawful | | | |authority after the expiry of the| | | |_____________________________________________________________________________| |Section 156 (2) of the Act and | | | |clause 47 (c) of this | | | |Regulation—after service of a | | | |notice prohibiting the carrying | | | |on, without lawful authority, of | | | |a prescribed activity on public | |conduct/take part competitive | |land, carry on the activity (that|5862 |sport on public land after notice | |is, conduct or take part in any | | | |sporting activity that forms part| | | |of an organised competition) | | | |without lawful authority after | | | |the expiry of the period | | | |_____________________________________________________________________________| |Section 156 (2) of the Act and | | | |clause 47 (d) of this | | | |Regulation—after service of a | | | |notice prohibiting the carrying | | | |on, without lawful authority, of | |sell/offer for sale/distribute | |a prescribed activity on public |5863 |article/thing on public land after| |land, carry on the activity (that| |notice | |is, sell, offer for sale or | | | |distribute any article or thing) | | | |without lawful authority after | | | |the expiry of the period | | | |_____________________________________________________________________________| |Section 156 (2) of the Act and | | | |clause 47 (e) of this | | | |Regulation—after service of a | | | |notice prohibiting the carrying | | | |on, without lawful authority, of | | | |a prescribed activity on public | |affix sign/bill/poster/banner/ | |land, carry on the activity (that|5864 |bunting on/to tree/structure on | |is, affix any sign, bill, poster,| |public land after notice | |banner or bunting on, or to, any | | | |tree or any post, building, | | | |fence, seat, table, enclosure or | | | |other structure) without lawful | | | |authority after the expiry of the| | | |_____________________________________________________________________________| |Section 156 (2) of the Act and | | | |clause 47 (f) of this | | | |Regulation—after service of a | | | |notice prohibiting the carrying | | | |on, without lawful authority, of |5865 |camp on public land after notice | |a prescribed activity on public | | | |land, carry on the activity (that| | | |is, camp) without lawful | | | |authority after the expiry of the| | | |_____________________________________________________________________________| |Section 156 (2) of the Act and | | | |clause 47 (g) of this | | | |Regulation—after service of a | | | |notice prohibiting the carrying | | | |on, without lawful authority, of | | | |a prescribed activity on public |5866 |light fire on public land after | |land, carry on the activity (that| |notice | |is, light a fire other than in a | | | |properly constructed fire place) | | | |without lawful authority after | | | |the expiry of the period | | | |_____________________________________________________________________________| |Section 156 (2) of the Act and | | | |clause 47 (h) of this | | | |Regulation—after service of a | | | |notice prohibiting the carrying | | | |on, without lawful authority, of | |drive vehicle/ride horse on public| |a prescribed activity on public |5867 |land after notice | |land, carry on the activity (that| | | |is, drive a vehicle or ride a | | | |horse) without lawful authority | | | |after the expiry of the period | | | |_____________________________________________________________________________| |Section 156 (2) of the Act and | | | |clause 47 (i) of this | | | |Regulation—after service of a | | | |notice prohibiting the carrying | | | |on, without lawful authority, of | |carry/use firearm on public land | |a prescribed activity on public |5868 |after notice | |land, carry on the activity (that| | | |is, carry or use firearms) | | | |without lawful authority after | | | |the expiry of the period | | | |_____________________________________________________________________________| |Section 156 (2) of the Act and | | | |clause 47 (j) of this | | | |Regulation—after service of a | | | |notice prohibiting the carrying | | | |on, without lawful authority, of | |discharge fireworks on public land| |a prescribed activity on public |5869 |after notice | |land, carry on the activity (that| | | |is, discharge fireworks) without | | | |lawful authority after the expiry| | | |of the period specified in the | | | |_____________________________________________________________________________| |Section 156 (2) of the Act and | | | |clause 47 (k) of this | | | |Regulation—after service of a | | | |notice prohibiting the carrying | | | |on, without lawful authority, of | |use bow and arrow/throw dangerous | |a prescribed activity on public |5870 |missile on public land after | |land, carry on the activity (that| |notice | |is, use any bow and arrow or | | | |throw any stone or other | | | |dangerous missile) without lawful| | | |authority after the expiry of the| | | |_____________________________________________________________________________| |Section 156 (2) of the Act and | | | |clause 47 (l) of this | | | |Regulation—after service of a | | | |notice prohibiting the carrying | | | |on, without lawful authority, of |5871 |drink alcohol on public land after| |a prescribed activity on public | |notice | |land, carry on the activity (that| | | |is, drink alcohol) without lawful| | | |authority after the expiry of the| | | |_____________________________________________________________________________| |Section 156 (2) of the Act and | | | |clause 47 (m) of this | | | |Regulation—after service of a | | | |notice prohibiting the carrying | | | |on, without lawful authority, of | | | |a prescribed activity on public | |sell/offer for sale/provide | |land, carry on the prescribed |5872 |alcohol on public land after | |activity (that is, sell or offer | |notice | |for sale or otherwise provide | | | |alcohol to another person) | | | |without lawful authority after | | | |the expiry of the period | | | |_____________________________________________________________________________| |Section 156 (3) of the | | | |Act—without lawful authority, | | | |make use of a structure on public| |use structure on public land | |land when that use is prohibited |5873 |contrary to sign | |by a notice displayed in a | | | |conspicuous place at or near the | | | |_____________________________________________________________________________| |Section 156 (3) of the Act and | | | |clause 47 (a) of this | | | |Regulation—without lawful | | | |authority, carry on a prescribed | | | |activity (that is, conduct any | |conduct entertainment/instruction/| |entertainment, instruction or |5874 |performance on public land | |performance for money or | |contrary to sign | |consideration of any kind) on | | | |public land when that activity is| | | |prohibited by a notice displayed | | | |in a conspicuous place on or near| | | |_____________________________________________________________________________| |Section 156 (3) of the Act and | | | |clause 47 (b) of this | | | |Regulation—without lawful | | | |authority, carry on a prescribed | | | |activity (that is, operate | | | |television, cinematographic or |5875 |operate TV/cinema/photo equipment | |photographic equipment for | |on public land contrary to sign | |commercial purposes) on public | | | |land when that activity is | | | |prohibited by a notice displayed | | | |in a conspicuous place on or near| | | |_____________________________________________________________________________| |Section 156 (3) of the Act and | | | |clause 47 (c) of this | | | |Regulation—without lawful | | | |authority, carry on a prescribed | | | |activity (that is, conduct or | |conduct/take part competitive | |take part in any sporting |5876 |sport on public land contrary to | |activity that forms part of an | |sign | |organised competition) on public | | | |land when that activity is | | | |prohibited by a notice displayed | | | |in a conspicuous place on or near| | | |_____________________________________________________________________________| |Section 156 (3) of the Act and | | | |clause 47 (d) of this | | | |Regulation—without lawful | | | |authority, carry on a prescribed | | | |activity (that is, sell, offer | |sell/offer for sale/distribute | |for sale or distribute any |5877 |article/thing on public land | |article or thing) on public land | |contrary to sign | |when that activity is prohibited | | | |by a notice displayed in a | | | |conspicuous place on or near the | | | |_____________________________________________________________________________| |Section 156 (3) of the Act and | | | |clause 47 (e) of this | | | |Regulation—without lawful | | | |authority, carry on a prescribed | | | |activity (that is, affix any | | | |sign, bill, poster, banner or | |affix sign/bill/poster/banner/ | |bunting on, or to, any tree or |5878 |bunting on/to tree/structure on | |any post, building, fence, seat, | |public land contrary to sign | |table, enclosure or other | | | |structure) on public land when | | | |that activity is prohibited by a | | | |notice displayed in a conspicuous| | | |_____________________________________________________________________________| |Section 156 (3) of the Act and | | | |clause 47 (f) of this | | | |Regulation—without lawful | | | |authority, carry on a prescribed | |camp on public land contrary to | |activity (that is, camp) on |5879 |sign | |public land when that activity is| | | |prohibited by a notice displayed | | | |in a conspicuous place on or near| | | |_____________________________________________________________________________| |Section 156 (3) of the Act and | | | |clause 47 (g) of this | | | |Regulation—without lawful | | | |authority, carry on a prescribed | | | |activity (that is, light a fire | |light fire on public land contrary| |other than in a properly |5880 |to sign | |constructed fire place) on public| | | |land when that activity is | | | |prohibited by a notice displayed | | | |in a conspicuous place on or near| | | |_____________________________________________________________________________| |Section 156 (3) of the Act and | | | |clause 47 (h) of this | | | |Regulation—without lawful | | | |authority, carry on a prescribed | | | |activity (that is, drive a |5881 |drive vehicle/ride horse on public| |vehicle or ride a horse) on | |land contrary to sign | |public land when that activity is| | | |prohibited by a notice displayed | | | |in a conspicuous place on or near| | | |_____________________________________________________________________________| |Section 156 (3) of the Act and | | | |clause 47 (i) of this | | | |Regulation—without lawful | | | |authority, carry on a prescribed | |carry/use firearm on public land | |activity (that is, carry or use |5882 |contrary to sign | |firearms) on public land when | | | |that activity is prohibited by a | | | |notice displayed in a conspicuous| | | |_____________________________________________________________________________| |Section 156 (3) of the Act and | | | |clause 47 (j) of this | | | |Regulation—without lawful | | | |authority, carry on a prescribed | |discharge fireworks on public land| |activity (that is, discharge |5883 |contrary to sign | |fireworks) on public land when | | | |that activity is prohibited by a | | | |notice displayed in a conspicuous| | | |_____________________________________________________________________________| |Section 156 (3) of the Act and | | | |clause 47 (k) of this | | | |Regulation—without lawful | | | |authority, carry on a prescribed | | | |activity (that is, use any bow | |use bow and arrow/throw dangerous | |and arrow or throw any stone or |5884 |missile on public land contrary to| |other dangerous missile) on | |sign | |public land when that activity is| | | |prohibited by a notice displayed | | | |in a conspicuous place on or near| | | |_____________________________________________________________________________| |Section 156 (3) of the Act and | | | |clause 47 (l) of this | | | |Regulation—without lawful | | | |authority, carry on a prescribed | |drink alcohol on public land | |activity (that is, drink alcohol)|5885 |contrary to sign | |on public land when that activity| | | |is prohibited by a notice | | | |displayed in a conspicuous place | | | |_____________________________________________________________________________| |Section 156 (3) of the Act and | | | |clause 47 (m) of this | | | |Regulation—without lawful | | | |authority, carry on a prescribed | | | |activity (that is, sell or offer | |sell/offer to sell/provide alcohol| |to sell or otherwise provide |5886 |on public land contrary to sign | |alcohol to another person) on | | | |public land when that activity is| | | |prohibited by a notice displayed | | | |in a conspicuous place on or near| | | |_____________________________________________________________________________| |Section 160 (6) of the | | | |Act—contravene direction under | |disobey direction about bringing | |section 160 (3) as to the |5887 |vehicles into public land | |bringing of vehicles into any | | | |_____________________________________________________________________________| |Section 160 (6) of the | | | |Act—contravene direction under | |disobey direction about use of | |section 160 (3) as to the use of |5888 |vehicles in public land | |vehicles in any vacant public | | | |_____________________________________________________________________________| |Section 160 (6) of the | | | |Act—contravene direction under | |disobey direction about parking/ | |section 160 (3) as to the parking|5889 |mooring vehicles in public land | |or mooring of vehicles in any | | | |_____________________________________________________________________________| CROWN LANDS REGULATION 2000 - NOTES Note: The Regulation was repealed by sec 10 (2) of the Subordinate Legislation Act 1989 No 146 with effect from 1.9.2006. CROWN LANDS REGULATION 2000 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________ |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| Table of amending instrumentsCrown Lands Regulation 2000 published in Gazette No 112 of 1.9.2000, p 8911 and amended as follows: State Revenue Legislation Amendment Act 2001 No 22. Assented to 19.6.2001. Date of commencement of Sch 6, 1.7.2001, sec 2 (2). Crown Lands Legislation Amendment (Budget) Act 2004 No 63. Assented to 6.7.2004. Date of commencement, 1.7.2004, sec 2. Crown Lands Amendment (Fees) Regulation 2004 (GG No 124 of 23.7.2004, p 6016) ____________________________________________________________________________ | | |Crown Lands Legislation Amendment Act | | | |2005. Assented to 1.7.2005. | |2005|No 58| | | | |Date of commencement, 15.7.2005, sec 2 and GG No 90 of 15.7.2005,| |____________________________________________________________________________| Table of amendments ______________________________________ |______________________________________| |______________________________________| |______________________________________| |______________________________________| |______________________________________|