Local Government Act 1993 No 30
Historical version for 3 March 2011 to 26 June 2011 (accessed 27 November 2014 at 08:26) Current version
Chapter 6Part 2Division 2

Division 2 Use and management of community land

35   What governs the use and management of community land?

Community land is required to be used and managed in accordance with the following:
•  the plan of management applying to the land
•  any law permitting the use of the land for a specified purpose or otherwise regulating the use of the land
•  this Division.

36   Preparation of draft plans of management for community land

(1)  A council must prepare a draft plan of management for community land.
(2)  A draft plan of management may apply to one or more areas of community land, except as provided by this Division.
(3)  A plan of management for community land must identify the following:
(a)  the category of the land,
(b)  the objectives and performance targets of the plan with respect to the land,
(c)  the means by which the council proposes to achieve the plan’s objectives and performance targets,
(d)  the manner in which the council proposes to assess its performance with respect to the plan’s objectives and performance targets,
and may require the prior approval of the council to the carrying out of any specified activity on the land.
(3A)  A plan of management that applies to just one area of community land:
(a)  must include a description of:
(i)  the condition of the land, and of any buildings or other improvements on the land, as at the date of adoption of the plan of management, and
(ii)  the use of the land and any such buildings or improvements as at that date, and
(b)  must:
(i)  specify the purposes for which the land, and any such buildings or improvements, will be permitted to be used, and
(ii)  specify the purposes for which any further development of the land will be permitted, whether under lease or licence or otherwise, and
(iii)  describe the scale and intensity of any such permitted use or development.
(4)  For the purposes of this section, land is to be categorised as one or more of the following:
(a)  a natural area,
(b)  a sportsground,
(c)  a park,
(d)  an area of cultural significance,
(e)  general community use.
(5)  Land that is categorised as a natural area is to be further categorised as one or more of the following:
(a)  bushland,
(b)  wetland,
(c)  escarpment,
(d)  watercourse,
(e)  foreshore,
(f)  a category prescribed by the regulations.
(6)  The regulations may make provision for or with respect to the categorisation of community land under this section, including:
(a)  defining any expression used in subsection (4) or (5), and
(b)  prescribing guidelines for the categorisation of community land and the effect of any guidelines so prescribed.

36A   Community land comprising the habitat of endangered species

(1)  In this section:

critical habitat means:

(a)  an area declared to be critical habitat under the Threatened Species Conservation Act 1995, or
(b)  an area declared to be critical habitat under Part 7A of the Fisheries Management Act 1994.

relevant Director means:

(a)  in relation to critical habitat being an area declared to be critical habitat under the Threatened Species Conservation Act 1995, the Director-General of National Parks and Wildlife, and
(b)  in relation to critical habitat being an area declared to be critical habitat under Part 7A of the Fisheries Management Act 1994, the Director of NSW Fisheries.

(2)  A plan of management adopted in respect of an area of community land, all or part of which consists of critical habitat, is to apply to that area only, and not to other areas of land.
(3)  A plan of management to be adopted for an area of community land, all or part of which consists of critical habitat:
(a)  must, subject to any decision of the Director-General of National Parks and Wildlife under section 146 of the Threatened Species Conservation Act 1995 or any decision of the Director of Fisheries under section 220Y of the Fisheries Management Act 1994, state that the land, or the relevant part, is critical habitat, and
(b)  must, in complying with section 36 (3) (a), categorise the land, or the relevant part, as a natural area, and
(c)  must, in complying with section 36 (3) (b), (c) and (d), identify objectives, performance targets and other matters that:
(i)  take account of the existence of the critical habitat, and
(ii)  are consistent with the objects of the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994, as the case requires, and
(iii)  incorporate the core objectives prescribed under section 36 in respect of community land categorised as a natural area, and
(d)  must:
(i)  when public notice is given of the draft plan under section 38, be sent (or a copy must be sent) by the council to the relevant Director, and
(ii)  incorporate any matter specified by the relevant Director in relation to the land, or the relevant part.
(4)  If, after the adoption of a plan of management applying to just one area of community land, all or part of that area becomes critical habitat:
(a)  the plan of management is taken to be amended, as from the date the declaration took effect, to categorise the land or the relevant part as a natural area, and
(b)  the council must amend the plan of management (and, in doing so, the provisions of subsection (3) (a), (c) and (d) apply to the amendment of the plan of management in the same way as they apply to the adoption of a plan of management), and
(c)  until the plan of management has been amended as required by paragraph (b):
(i)  the use of the land must not be varied, except to the extent necessary to further the objects of the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994, as the case requires, or in order to give effect to the core objectives prescribed under section 36 in respect of community land categorised as a natural area, or to terminate the use, and
(ii)  no lease, licence or other estate may be granted in respect of the land.
(5)  If, after the adoption of a plan of management applying to several areas of community land, all or part of one of those areas becomes critical habitat:
(a)  the plan of management ceases, as from the date the declaration took effect, to apply to that area, and
(b)  a plan of management must be prepared and adopted by the council for that area, and
(c)  the plan of management so prepared and adopted must comply with subsection (3).

36B   Community land comprising the habitat of threatened species

(1)  In this section:

recovery plan means a recovery plan under Part 4 of the Threatened Species Conservation Act 1995 or Division 5 of Part 7A of the Fisheries Management Act 1994.

relevant Director means:

(a)  in relation to a recovery plan under Part 4 of the Threatened Species Conservation Act 1995 or a threat abatement plan under Part 5 of that Act, the Director-General of National Parks and Wildlife, and
(b)  in relation to a recovery plan or a threat abatement plan under Division 5 of Part 7A of the Fisheries Management Act 1994, the Director of NSW Fisheries.

threat abatement plan means a threat abatement plan under Part 5 of the Threatened Species Conservation Act 1995 or Division 5 of Part 7A of the Fisheries Management Act 1994.

(2)  For the purposes of this section, land is directly affected by a recovery plan or threat abatement plan only if the plan concerned requires measures specified in the plan to be taken by a specified council on or in respect of the land.
(3)  A plan of management adopted in respect of an area of community land, all or part of which is directly affected by a recovery plan or threat abatement plan, is to apply to that area only, and not to other areas of land.
(4)  A plan of management to be adopted for an area of community land, all or part of which is directly affected by a recovery plan or threat abatement plan:
(a)  must state that the land, or the relevant part, is so affected, and
(b)  must, in complying with section 36 (3) (a), categorise the land, or the relevant part, as a natural area, and
(c)  must, in complying with section 36 (3) (b), (c) and (d), identify objectives, performance targets and other matters that:
(i)  take account of the council’s obligations under the recovery plan or threat abatement plan in relation to the land, and
(ii)  are otherwise consistent with the objects of the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994, as the case requires, and
(iii)  incorporate the core objectives prescribed under section 36 in respect of community land categorised as a natural area, and
(d)  must:
(i)  when public notice is given of the draft plan under section 38, be sent (or a copy must be sent) by the council to the relevant Director, and
(ii)  incorporate any matter specified by the relevant Director in relation to the land, or the relevant part.
(5)  If, after the adoption of a plan of management applying to just one area of community land, all or part of that area becomes directly affected by a recovery plan or threat abatement plan:
(a)  the plan of management is taken to be amended, as from the date the declaration took effect, to categorise the land or the relevant part as a natural area, and
(b)  the council must amend the plan of management (and, in doing so, the provisions of subsection (4) (a), (c) and (d) apply to the amendment of the plan of management in the same way as they apply to the adoption of a plan of management), and
(c)  until the plan of management has been amended as required by paragraph (b):
(i)  the use of the land must not be varied, except to the extent necessary to further the objects of the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994, as the case requires, or in order to give effect to the core objectives prescribed under section 36 in respect of community land categorised as a natural area, or to terminate the use, and
(ii)  no lease, licence or other estate may be granted in respect of the land.
(6)  If, after the adoption of a plan of management applying to several areas of community land, all or part of one of those areas becomes directly affected by a recovery plan or threat abatement plan:
(a)  the plan of management ceases, as from the date the declaration took effect, to apply to that area, and
(b)  a plan of management must be prepared and adopted by the council for that area, and
(c)  the plan of management so prepared and adopted must comply with subsection (4).

36C   Community land containing significant natural features

(1)  This section applies to community land that is the subject of a resolution by the council that declares that the land, being the site of:
(a)  a known natural, geological, geomorphological, scenic or other feature that is considered by the council to warrant protection or special management considerations, or
(b)  a wildlife corridor,
is land to which this section applies.
(2)  A plan of management adopted in respect of an area of community land, all or part of which is land to which this section applies, is to apply to that area only, and not to other areas of land.
(3)  A plan of management to be adopted for an area of community land, all or part of which is land to which this section applies:
(a)  must state that the land, or the relevant part, is land to which this section applies, and the reason why, and
(b)  must, in complying with section 36 (3) (a), categorise the land, or the relevant part, as a natural area, and
(c)  must, in complying with section 36 (3) (b), (c) and (d), identify objectives, performance targets and other matters that:
(i)  are designed to protect the area, and
(ii)  take account of the existence of the features of the site identified by the council’s resolution, and
(iii)  incorporate the core objectives prescribed under section 36 in respect of community land categorised as a natural area.
(4)  If, after the adoption of a plan of management applying to just one area of community land, all or part of that area becomes the subject of a resolution of the kind described in subsection (1):
(a)  the plan of management is taken to be amended, as from the date the declaration took effect, to categorise the land or the relevant part as a natural area, and
(b)  the council must amend the plan of management (and in doing so, the provisions of subsection (3) (a) and (c) apply to the amendment of the plan of management in the same way as they apply to the adoption of a plan of management), and
(c)  until the plan of management has been amended as required by paragraph (b):
(i)  the use of the land must not be varied, except to the extent necessary to protect the features of the site identified in the council’s resolution or in order to give effect to the core objectives prescribed under section 36 in respect of community land categorised as a natural area, or to terminate the use, and
(ii)  no lease, licence or other estate may be granted in respect of the land.
(5)  If, after the adoption of a plan of management applying to several areas of community land, all or part of one of those areas becomes the subject of a resolution of the kind described in subsection (1):
(a)  the plan of management ceases, as from the date the declaration took effect, to apply to that area, and
(b)  a plan of management must be prepared and adopted by the council for that area, and
(c)  the plan of management so prepared and adopted must comply with subsection (3).

36D   Community land comprising area of cultural significance

(1)  This section applies to community land that is the subject of a resolution by the council that declares that, because of the presence on the land of any item that the council considers to be of Aboriginal, historical or cultural significance, the land is an area of cultural significance for the purposes of this Part.
(2)  A plan of management adopted in respect of an area of land, all or part of which is land to which this section applies, is to apply to that land only, and not to other areas.
(3)  A plan of management to be adopted for an area of community land, all or part of which consists of land to which this section applies:
(a)  must state that the land, or the relevant part, is an area of cultural significance, and
(b)  must, in complying with section 36 (3) (a), categorise the land, or the relevant part, as an area of cultural significance, and
(c)  must, in complying with section 36 (3) (b), (c) and (d), identify objectives, performance targets and other matters that:
(i)  are designed to protect the area, and
(ii)  take account of the existence of the features of the site identified by the council’s resolution, and
(iii)  incorporate the core objectives prescribed under section 36 in respect of community land categorised as an area of cultural significance, and
(d)  must:
(i)  when public notice is given of it under section 38, be sent (or a copy must be sent) by the council to the Director-General of National Parks and Wildlife, and
(ii)  incorporate any matter specified by the Director-General of National Parks and Wildlife in relation to the land, or the relevant part.
(4)  If, after the adoption of a plan of management applying to just one area of community land, all or part of that area becomes the subject of a resolution of the kind described in subsection (1):
(a)  the plan of management is taken to be amended, as from the date the declaration took effect, to categorise the land or the relevant part as an area of cultural significance, and
(b)  the council must amend the plan of management (and in doing so, the provisions of subsection (3) (a), (c) and (d) apply to the amendment of the plan of management in the same way as they apply to the adoption of a plan of management), and
(c)  until the plan of management has been amended as required by paragraph (b):
(i)  the use of the land must not be varied, except to the extent necessary to protect any item identified in the council’s resolution or in order to give effect to the core objectives prescribed under section 36 in respect of community land categorised as an area of cultural significance, or to terminate the use, and
(ii)  no lease, licence or other estate may be granted in respect of the land.
(5)  If, after the adoption of a plan of management applying to several areas of community land, all or part of one of those areas becomes the subject of a resolution of the kind described in subsection (1):
(a)  the plan of management ceases, as from the date the declaration took effect, to apply to that area, and
(b)  a plan of management must be prepared and adopted by the council for that area, and
(c)  the plan of management so prepared and adopted must comply with subsection (3).

36DA   Location of places and items of Aboriginal significance may be kept confidential

(1)  This section applies to draft and adopted plans of management for areas of community land, all or part of which consist of land to which section 36D applies.
(2)  A council may resolve (at the request of any Aboriginal person traditionally associated with the land concerned or on the council’s own initiative) to keep confidential such parts of a draft or adopted plan of management to which this section applies as would disclose the nature and location of a place or an item of Aboriginal significance.
(3)  Despite any other provision of this Act (including sections 38, 39 and 43) or any other law, councillors and council employees are not to disclose that part of a draft or adopted plan of management that is the subject of a resolution of confidentiality under subsection (2), except with the consent of the council.
(4)  A draft or adopted plan of management that is the subject of a resolution of confidentiality under subsection (2) must contain a note stating that the whole of the plan is affected by the resolution or identifying the parts that are so affected.
(5)  A council proposing to prepare a draft plan of management to which this section applies must (in accordance with the regulations) consult with the appropriate Aboriginal communities regarding public access to, and use of, information concerning any places or items of Aboriginal significance on the land concerned.

36E   Core objectives for management of community land categorised as a natural area

The core objectives for management of community land categorised as a natural area are:
(a)  to conserve biodiversity and maintain ecosystem function in respect of the land, or the feature or habitat in respect of which the land is categorised as a natural area, and
(b)  to maintain the land, or that feature or habitat, in its natural state and setting, and
(c)  to provide for the restoration and regeneration of the land, and
(d)  to provide for community use of and access to the land in such a manner as will minimise and mitigate any disturbance caused by human intrusion, and
(e)  to assist in and facilitate the implementation of any provisions restricting the use and management of the land that are set out in a recovery plan or threat abatement plan prepared under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994.

36F   Core objectives for management of community land categorised as a sportsground

The core objectives for management of community land categorised as a sportsground are:
(a)  to encourage, promote and facilitate recreational pursuits in the community involving organised and informal sporting activities and games, and
(b)  to ensure that such activities are managed having regard to any adverse impact on nearby residences.

36G   Core objectives for management of community land categorised as a park

The core objectives for management of community land categorised as a park are:
(a)  to encourage, promote and facilitate recreational, cultural, social and educational pastimes and activities, and
(b)  to provide for passive recreational activities or pastimes and for the casual playing of games, and
(c)  to improve the land in such a way as to promote and facilitate its use to achieve the other core objectives for its management.

36H   Core objectives for management of community land categorised as an area of cultural significance

(1)  The core objectives for management of community land categorised as an area of cultural significance are to retain and enhance the cultural significance of the area (namely its Aboriginal, aesthetic, archaeological, historical, technical or research or social significance) for past, present or future generations by the active use of conservation methods.
(2)  Those conservation methods may include any or all of the following methods:
(a)  the continuous protective care and maintenance of the physical material of the land or of the context and setting of the area of cultural significance,
(b)  the restoration of the land, that is, the returning of the existing physical material of the land to a known earlier state by removing accretions or by reassembling existing components without the introduction of new material,
(c)  the reconstruction of the land, that is, the returning of the land as nearly as possible to a known earlier state,
(d)  the adaptive reuse of the land, that is, the enhancement or reinforcement of the cultural significance of the land by the introduction of sympathetic alterations or additions to allow compatible uses (that is, uses that involve no changes to the cultural significance of the physical material of the area, or uses that involve changes that are substantially reversible or changes that require a minimum impact),
(e)  the preservation of the land, that is, the maintenance of the physical material of the land in its existing state and the retardation of deterioration of the land.
(3)  A reference in subsection (2) to land includes a reference to any buildings erected on the land.

36I   Core objectives for management of community land categorised as general community use

The core objectives for management of community land categorised as general community use are to promote, encourage and provide for the use of the land, and to provide facilities on the land, to meet the current and future needs of the local community and of the wider public:
(a)  in relation to public recreation and the physical, cultural, social and intellectual welfare or development of individual members of the public, and
(b)  in relation to purposes for which a lease, licence or other estate may be granted in respect of the land (other than the provision of public utilities and works associated with or ancillary to public utilities).

36J   Core objectives for management of community land categorised as bushland

The core objectives for management of community land categorised as bushland are:
(a)  to ensure the ongoing ecological viability of the land by protecting the ecological biodiversity and habitat values of the land, the flora and fauna (including invertebrates, fungi and micro-organisms) of the land and other ecological values of the land, and
(b)  to protect the aesthetic, heritage, recreational, educational and scientific values of the land, and
(c)  to promote the management of the land in a manner that protects and enhances the values and quality of the land and facilitates public enjoyment of the land, and to implement measures directed to minimising or mitigating any disturbance caused by human intrusion, and
(d)  to restore degraded bushland, and
(e)  to protect existing landforms such as natural drainage lines, watercourses and foreshores, and
(f)  to retain bushland in parcels of a size and configuration that will enable the existing plant and animal communities to survive in the long term, and
(g)  to protect bushland as a natural stabiliser of the soil surface.

36K   Core objectives for management of community land categorised as wetland

The core objectives for management of community land categorised as wetland are:
(a)  to protect the biodiversity and ecological values of wetlands, with particular reference to their hydrological environment (including water quality and water flow), and to the flora, fauna and habitat values of the wetlands, and
(b)  to restore and regenerate degraded wetlands, and
(c)  to facilitate community education in relation to wetlands, and the community use of wetlands, without compromising the ecological values of wetlands.

36L   Core objectives for management of community land categorised as an escarpment

The core objectives for management of community land categorised as an escarpment are:
(a)  to protect any important geological, geomorphological or scenic features of the escarpment, and
(b)  to facilitate safe community use and enjoyment of the escarpment.

36M   Core objectives for management of community land categorised as a watercourse

The core objectives for management of community land categorised as a watercourse are:
(a)  to manage watercourses so as to protect the biodiversity and ecological values of the instream environment, particularly in relation to water quality and water flows, and
(b)  to manage watercourses so as to protect the riparian environment, particularly in relation to riparian vegetation and habitats and bank stability, and
(c)  to restore degraded watercourses, and
(d)  to promote community education, and community access to and use of the watercourse, without compromising the other core objectives of the category.

36N   Core objectives for management of community land categorised as foreshore

The core objectives for management of community land categorised as foreshore are:
(a)  to maintain the foreshore as a transition area between the aquatic and the terrestrial environment, and to protect and enhance all functions associated with the foreshore’s role as a transition area, and
(b)  to facilitate the ecologically sustainable use of the foreshore, and to mitigate impact on the foreshore by community use.

37   Requirements of plans of management for community land that is not owned by the council

A plan of management for community land that is not owned by the council:
(a)  must identify the owner of the land, and
(b)  must state whether the land is subject to any trust, estate, interest, dedication, condition, restriction or covenant, and
(c)  must state whether the use or management of the land is subject to any condition or restriction imposed by the owner, and
(d)  must not contain any provisions inconsistent with anything required to be stated by paragraph (a), (b) or (c).

38   Public notice of draft plans of management

(1)  A council must give public notice of a draft plan of management.
(2)  The period of public exhibition of the draft plan must be not less than 28 days.
(3)  The public notice must also specify a period of not less than 42 days after the date on which the draft plan is placed on public exhibition during which submissions may be made to the council.
(4)  The council must, in accordance with its notice, publicly exhibit the draft plan together with any other matter which it considers appropriate or necessary to better enable the draft plan and its implications to be understood.

39   Notice to owner of draft plan of management

(1)  Before giving public notice of a draft plan of management in accordance with section 38, the council must forward a copy of the draft plan to the person who owns or controls the land if the land is not owned by the council.
(2)  The council must include in the draft plan any provisions that may properly be required by the person who owns or controls the land.

40   Adoption of plans of management

(1)  After considering all submissions received by it concerning the draft plan of management, the council may decide to amend the draft plan or to adopt it without amendment as the plan of management for the community land concerned.
(2)  If the council decides to amend the draft plan it must either:
(a)  publicly exhibit the amended draft plan in accordance with the provisions of this Division relating to the public exhibition of draft plans, or
(b)  if it is of the opinion that the amendments are not substantial, adopt the amended draft plan without public exhibition as the plan of management for the community land concerned.
(2A)  If a council adopts an amended plan without public exhibition of the amended draft plan, it must give public notice of that adoption, and of the terms of the amended plan of management, as soon as practicable after the adoption.
(3)  The council may not, however, proceed to adopt the plan until any public hearing required under section 40A has been held in accordance with section 40A.

40A   Public hearing in relation to proposed plans of management

(1)  The council must hold a public hearing in respect of a proposed plan of management (including a plan of management that amends another plan of management) if the proposed plan would have the effect of categorising, or altering the categorisation of, community land under section 36 (4).
(2)  However, a public hearing is not required if the proposed plan would merely have the effect of altering the categorisation of the land under section 36 (5).
(3)  A council must hold a further public hearing in respect of the proposed plan of management if:
(a)  the council decides to amend the proposed plan after a public hearing has been held in accordance with this section, and
(b)  the amendment of the plan would have the effect of altering the categorisation of community land under section 36 (4) from the categorisation of that land in the proposed plan that was considered at the previous public hearing.

41   Amendment of plans of management

A council may amend a plan of management adopted under this Division by means only of a plan of management so adopted.

42   Revocation and cessation of plans of management

(1)  A plan of management for community land may be revoked by a plan of management adopted under this Division by the council.
(2)  A plan of management ceases to apply to land if:
(a)  the land is reclassified as operational land, or
(b)  in the case of land that is not owned by the council—the land ceases to be controlled by the council.

43   Public availability of plans of management

A plan of management must be available for public inspection at, and purchase from, the office of the council during ordinary office hours.

44   Use of community land pending adoption of plan of management

Pending the adoption of a plan of management for community land, the nature and use of the land must not be changed.

45   What dealings can a council have in community land?

(1)  A council has no power to sell, exchange or otherwise dispose of community land.
(2)  A council may grant a lease or licence of community land, but only in accordance with this Division.
(3)  A council may grant any other estate in community land to the extent permitted by this Division or under the provisions of another Act.
Note. The word estate has a wide meaning. See the Interpretation Act 1987, section 21 (1).
(4)  This section does not prevent a council from selling, exchanging or otherwise disposing of community land for the purpose of enabling that land to become, or be added to, a Crown reserve or to become, or be added to, land that is reserved or dedicated under the National Parks and Wildlife Act 1974.

46   Leases, licences and other estates in respect of community land—generally

(1)  A lease, licence or other estate in respect of community land:
(a)  may be granted for the provision of public utilities and works associated with or ancillary to public utilities, or
(a1)  may be granted for the purpose of providing pipes, conduits or other connections under the surface of the ground for the connection of premises adjoining the community land to a facility of the council or other public utility provider, or
(b)  may be granted, in accordance with an express authorisation in the plan of management and such provisions of the plan of management as apply to the granting of the lease, licence or other estate:
(i)  for a purpose prescribed by subsection (4), or for a purpose prescribed by any of sections 36E to 36N as a core objective of the categorisation of the land concerned, or
(ii)  for a purpose prescribed by the regulations, if the plan of management applies to several areas of community land, or
(iii)  for a short-term, casual purpose prescribed by the regulations, or
(iv)  for a residential purpose in relation to housing owned by the council, or
(v)  (Repealed)
(c)  may be granted in order to allow a filming project to be carried out, whether or not the project is in accordance with the plan of management or is consistent with the core objectives of the categorisation of the land concerned,
but may not otherwise be granted.
(2)  Despite subsection (1), a lease, licence or other estate in respect of community land may be granted for a purpose mentioned in subsection (1) (b) only if the purpose for which it is granted is consistent with the core objectives, as prescribed in this Part, of its categorisation.
(3)  A council must not grant a lease or licence for a period (including any period for which the lease or licence could be renewed by the exercise of an option) exceeding 21 years.
(4)  The following purposes are prescribed for the purposes of subsection (1) (b) (i):
(a)  the provision of goods, services and facilities, and the carrying out of activities, appropriate to the current and future needs within the local community and of the wider public in relation to any of the following:
(i)  public recreation,
(ii)  the physical, cultural, social and intellectual welfare or development of persons,
(b)  the provision of public roads.
(5)  Purposes prescribed by subsection (4) in relation to the matters mentioned in subsection (4) (a) (ii) include, but are not limited to, maternity welfare centres, infant welfare centres, kindergartens, nurseries, child care centres, family day-care centres, surf life saving clubs, restaurants or refreshment kiosks.
(5A)  A council must grant an application under subsection (1) (c) for a lease, licence or other estate in respect of community land in order to allow a filming project to be carried out on the land unless:
(a)  the community land is land referred to in section 47AA (1), or
(b)  the plan of management for the land expressly prohibits use of the land for the purposes of filming projects, or
(c)  the council is satisfied that there are exceptional circumstances that warrant refusal of the application.
(5B)  Before refusing an application on a ground referred to in subsection (5A) (c), the council must consider whether any concerns it has could be addressed by imposing conditions on the grant.
(5C)  If the council refuses an application, it must:
(a)  inform the applicant in writing of its decision as soon as practicable after it is made, and
(b)  give the applicant reasons in writing for its decision within 3 business days after it is made.
(6)  A plan of management is void to the extent that it purports to authorise the grant of a lease, licence or other estate in contravention of this section.

46A   Means of granting leases, licences and other estates

(1)  A plan of management is to specify, in relation to the community land to which it applies, any purposes for which a lease, licence or other estate may be granted only by tender in accordance with Division 1 of Part 3.
(2)  Nothing in this section precludes a council from applying a tender process in respect of the grant of any particular lease, licence or estate.
(3)  A lease or licence for a term exceeding 5 years may be granted only by tender in accordance with Division 1 of Part 3, unless it is granted to a non-profit organisation.

47   Leases, licences and other estates in respect of community land—terms greater than 5 years

(1)  If a council proposes to grant a lease, licence or other estate in respect of community land for a period (including any period for which the lease, licence or other estate could be renewed by the exercise of an option) exceeding 5 years, it must:
(a)  give public notice of the proposal, and
(b)  exhibit notice of the proposal on the land to which the proposal relates, and
(c)  give notice of the proposal to such persons as appear to it to own or occupy the land adjoining the community land, and
(d)  give notice of the proposal to any other person, appearing to the council to be the owner or occupier of land in the vicinity of the community land, if in the opinion of the council the land the subject of the proposal is likely to form the primary focus of the person’s enjoyment of community land.
(2)  A notice of the proposal must include:
•  information sufficient to identify the community land concerned
•  the purpose for which the land will be used under the proposed lease, licence or other estate
•  the term of the proposed lease, licence or other estate (including particulars of any options for renewal)
•  the name of the person to whom it is proposed to grant the lease, licence or other estate (if known)
•  a statement that submissions in writing may be made to the council concerning the proposal within a period, not less than 28 days, specified in the notice.
(3)  Any person may make a submission in writing to the council during the period specified for the purpose in the notice.
(4)  Before granting the lease, licence or other estate, the council must consider all submissions duly made to it.
(5)  If a person makes a submission by way of objection to the proposal, the council must not grant the lease, licence or other estate except with the Minister’s consent.
(6)  If the council applies for the Minister’s consent, it must forward with its application:
•  a copy of the plan of management for the land
•  details of all objections received and a statement setting out, for each objection, the council’s decision and the reasons for its decision
•  a statement setting out all the facts concerning the proposal to grant the lease, licence or other estate
•  a copy of the newspaper notice of the proposal
•  a statement setting out the terms, conditions, restrictions and covenants proposed to be included in the lease, licence or other estate
•  a statement setting out the manner in which and the extent to which the public interest would, in the council’s opinion, be affected by the granting of the proposed lease, licence or other estate, including the manner in which and the extent to which the needs of the area with respect to community land would, in the council’s opinion, be adversely affected by the granting of the proposed lease, licence or other estate.
(7)  On receipt of the application, the Minister must request the Director of Planning to furnish a report concerning the application within such period as the Minister specifies.
(8)  After considering the application and any report of the Director of Planning, the Minister, if satisfied that:
(a)  subsections (1), (2) and (6) have been complied with, and
(b)  such consent would not contravene section 46, and
(c)  in all the circumstances, it is desirable to grant consent,
may consent to the granting of a lease, licence or other estate in respect of the whole or part of the land to which the application relates, subject to such terms and conditions as the Minister specifies.
(8A)  On request by any person, the Minister must provide that person, within 14 days of that request, with a written statement of reasons for consenting to, or refusing to consent to, the granting of a lease, licence or other estate in accordance with subsection (8).
(9)  The Minister’s consent is conclusive evidence that the council has complied with subsections (1), (2) and (6).
(10)  For the purposes of this section, any provision made by a lease or licence, or by an instrument granting any other estate, in respect of community land, according to which the council:
(a)  would suffer a disadvantage or penalty if the same or a similar lease, licence or estate were not to be granted, for a further term, after the expiry of the current lease, licence or other estate, or
(b)  would enjoy an advantage or benefit if the same or a similar lease, licence or estate were to be so granted,
is taken to confer an option for renewal for a term equal to the further term.

47A   Leases, licences and other estates in respect of community land—terms of 5 years or less

(1)  This section applies to a lease, licence or other estate in respect of community land granted for a period that (including any period for which the lease, licence or other estate could be renewed by the exercise of an option) does not exceed 5 years, other than a lease, licence or other estate exempted by the regulations.
(2)  If a council proposes to grant a lease, licence or other estate to which this section applies:
(a)  the proposal must be notified and exhibited in the manner prescribed by section 47, and
(b)  the provisions of section 47 (3) and (4) apply to the proposal, and
(c)  on receipt by the council of a written request from the Minister, the proposal is to be referred to the Minister, who is to determine whether or not the provisions of section 47 (5)–(9) are to apply to the proposal.
(3)  If the Minister, under subsection (2) (c), determines that the provisions of section 47 (5)–(9) are to apply to the proposal:
(a)  the council, the Minister and the Director of Planning are to deal with the proposal in accordance with the provisions of section 47 (1)–(8), and
(b)  section 47 (9) has effect with respect to the Minister’s consent.

47AA   Special provisions for leases, licences and other estates granted for filming projects

(1)  A council that proposes to grant a lease, licence or other estate in respect of community land under section 47A in order to allow a filming project to be carried out on community land:
(a)  that is critical habitat (as defined in section 36A (1)), or
(b)  that is directly affected by a recovery plan or threat abatement plan, as referred to in section 36B (2), or
(c)  that is declared to be an area of cultural significance under section 36D (1) because of the presence on the land of any item that the council considers to be of Aboriginal significance,
must, in addition to complying with section 47A, notify or advertise the proposal in the manner prescribed by the regulations for the purposes of this section.
(2)  Despite section 47A (2), a council that is of the opinion that a filming project proposed to be carried out under a lease, licence or other estate granted under section 47A will have a minor impact on the environment and on public amenity may state in the notice of the proposal required by section 47A (2) that submissions in writing may be made to the council concerning the proposal within a period, not less than 7 days, specified in the notice.
(3)  Regulations may be made for or with respect to guidelines that must be taken into consideration by councils in determining whether to grant a lease, licence or other estate in respect of community land in order to allow a filming project to be carried out on the land.

47B   Lease or licence in respect of natural area

(1)  A lease, licence or other estate must not be granted, in respect of community land categorised as a natural area:
(a)  to authorise the erection or use of a building or structure that is not a building or structure of a kind prescribed by this section or the regulations, or
(b)  to authorise the erection or use of a building or structure that is not for a purpose prescribed by this section or the regulations.
(2)  A lease, licence or instrument granting any other estate is void to the extent that its provisions are inconsistent with this section.
(3)  In this section, erection of a building or structure includes rebuilding or replacement of a building or structure.
(4)  The following buildings and structures are prescribed for the purposes of subsection (1) (a):
(a)  walkways,
(b)  pathways,
(c)  bridges,
(d)  causeways,
(e)  observation platforms,
(f)  signs.
(5)  The following purposes are prescribed for the purposes of subsection (1) (b):
(a)  information kiosks,
(b)  refreshment kiosks (but not restaurants),
(c)  work sheds or storage sheds required in connection with the maintenance of the land,
(d)  toilets or rest rooms.
(6)  Despite subsection (1), a lease, licence or other estate may be granted, in respect of community land categorised as a natural area, to authorise the erection or use of any building or structure necessary to enable a filming project to be carried out, subject to the conditions prescribed by subsection (7) and the regulations.
(7)  It is a condition of any lease, licence or other estate referred to in subsection (6):
(a)  that any building or structure so erected must be temporary in nature, and
(b)  that as soon as practicable after the termination of the lease, licence or other estate:
(i)  any building or structure erected must be removed, and
(ii)  any damage to the land caused by the erection or use of a building or structure must be made good, and
(iii)  the land must be restored as nearly as possible to the condition that it was in at the time the lease, licence or other estate was granted,
at the expense of the person to whom the lease, licence or other estate was granted.

47C   Sublease of community land

(1)  In addition to any restrictions created by the lease, community land that is the subject of a lease cannot be sublet for a purpose other than:
(a)  the purpose for which, as notified under section 47 (2), the land was to be used under the lease, or
(b)  a purpose prescribed by the regulations.
(2)  A lease is void to the extent that its provisions are inconsistent with this section.

47D   Occupation of community land otherwise than by lease or licence

(1)  The exclusive occupation or exclusive use by any person of community land otherwise than in accordance with:
(a)  a lease, licence or estate to which section 47 or 47A applies, or
(b)  a sublease or other title directly or indirectly derived from the holder of such a lease, licence or estate,
is prohibited.
(2)  This section does not apply to:
(a)  the occupation or use of part of the site of a senior citizens’ centre or home or community care facility by a duly appointed manager of the centre, or
(b)  the occupation or use of community land by persons, and in circumstances, prescribed by the regulations.

47E   Development of community land

(1)  No power of a council under an environmental planning instrument to consent to the carrying out of development on community land may be delegated by the council, if:
(a)  the development involves the erection, rebuilding or replacement of a building (other than a building exempted by or under subsection (2) from the operation of this paragraph), or
(b)  the development involves extensions to an existing building that would occupy more than 10 per cent of its existing area, or
(c)  the development involves intensification, by more than 10 per cent, of the use of the land or any building on the land, or
(d)  the location of the development has not been specified in the plan of management applying to the land and the development is likely, in the opinion of the council, to be unduly intrusive to nearby residents.
(2)  The following buildings are exempt from the operation of subsection (1) (a):
(a)  toilet facilities,
(b)  small refreshment kiosks,
(c)  shelters for persons from the sun and weather,
(d)  picnic facilities,
(e)  structures (other than accommodations for spectators) required for the playing of games or sports,
(f)  playground structures,
(g)  work sheds or storage sheds,
(h)  buildings of a kind prescribed by the regulations.
(3)  An existing area referred to in subsection (1) (b) does not include the area of any awning, balcony, verandah or other thing that extends beyond the main structural outline of the building.
(4)  A delegation granted before the commencement of this section, to the extent that the delegation could not have been granted if this section had been in force at the time it was granted, is void.

47F   Dedication of community land as public road

(1)  Community land may not be dedicated as a public road under section 10 of the Roads Act 1993 unless:
(a)  the road is necessary to facilitate enjoyment of the area of community land on which the road is to be constructed or of any facility on that land, and
(b)  the council has considered means of access other than public road access to facilitate that enjoyment, and
(c)  there is a plan of management applying only to the land concerned and provision of the public road is expressly authorised in the plan of management.
(2)  Subsection (1) does not apply to:
(a)  a dedication of land for the purpose of widening an existing public road, or
(b)  a dedication of land for the purpose of other roadworks of a minor character, authorised by the plan of management applying to the land, in respect of existing roads, or
(c)  a dedication of land for the purpose of a road that is the subject of an order under Division 1 of Part 5 of the Roads Act 1993.
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