Schedule 3 Amendment of other legislation
(Section 5)
3.1 Crown Lands Regulation 2000
Insert after clause 44 (b):(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.
3.2 Hay Irrigation Act 1902 No 57
Insert after section 19C:19D Application of Part 4A of the Crown Lands Act 1989
(1) Part 4A of the Crown Lands Act 1989 applies to and in respect of the sale of land by the Ministerial Corporation under section 19A of this Act in the same way as that Part applies to the sale of Crown land by the Minister administering the Crown Lands Act 1989 under Part 4 of that Act.(2) Accordingly, a reference in Part 4A of the Crown Lands Act 1989:(a) to Crown land is taken to include a reference to land within the Area, and(b) to the Minister is, in relation to land within the Area, taken to include a reference to the Ministerial Corporation.
3.3 Local Government Act 1993 No 30
[1] Section 48 Responsibility for certain public reserves
Omit “A council” from section 48 (1).Insert instead “Except as provided by section 98A of the Crown Lands Act 1989, a council”.
Insert after section 54A:54B Transfer of private trust land under Trustees of Schools of Arts Enabling Act 1902
(1) In this section:assets means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.
institution has the same meaning as in the Trustees of Schools of Arts Enabling Act 1902.
liabilities means any liabilities, debts or obligations (whether present or future and whether vested or contingent).
private trust land means any land reserved, dedicated or granted under any Act or instrument, or otherwise held, for the purposes of an institution, but does not include any such land if it is Crown land (or land otherwise vested in the Crown) or was Crown land (or land otherwise vested in the Crown) before being reserved, dedicated, granted or held for the purposes of an institution.
rights means any rights, powers, privileges or immunities (whether present or future and whether vested or contingent).
trustees of private trust land means the majority of the trustees for the time being of that land.
(2) A council and the trustees of private trust land may enter into an agreement for the land to be transferred to the council.(3) Any such agreement may contain provisions relating to the purposes for which the land is to be used after it is transferred.(4) The trustees may enter into any such agreement to transfer private trust land, and the agreement has effect, despite the terms and provisions of any Act, deed, reservation, dedication, grant or other instrument relating to the land.(5) Land that is transferred to a council under such an agreement is:(a) freed and discharged from any trusts, estates, interests, reservations dedications, conditions, restrictions and provisions affecting the land, and(b) to be used and managed by the council as community land.(6) Subsection (5) (a) is subject to any agreement entered into by the council under this section for the transfer of the land.(7) In preparing a draft plan of management in relation to any land transferred to it under this section, the council must, in addition to the other requirements under Division 2:(a) advise the Minister that it is preparing the draft plan, and(b) take into account the purposes for which the land was reserved, dedicated, granted or held as an institution, and(c) comply as far as practicable with the agreement entered into between the trustees of the private trust land concerned and the council, and(d) before giving public notice of the draft plan in accordance with section 38, consult with such persons or bodies as the council considers appropriate or as the Minister directs.(8) On the transfer of any private trust land to a council under this section, the following provisions have effect:(a) any assets, rights or liabilities in relation to the land, or in relation to the trustees of the land in their capacity as trustees, become the assets, rights or liabilities of the council,(b) all proceedings relating to those assets, rights and liabilities that were commenced by or against the trustees before the transfer are taken to be proceedings pending by or against the council,(c) any act, matter or thing done or omitted to be done in relation to those assets, rights and liabilities by, to or in respect of the trustees before the transfer is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted to be done by, to or in respect of the council.
3.4 National Parks and Wildlife Act 1974 No 80
Omit “Division 7” from the definition of conservation agreement in section 5 (1).Insert instead “Division 12”.
Insert after section 69K:69KA Application of Environmental Planning and Assessment Act 1979
(1) For the purposes of section 28 of the Environmental Planning and Assessment Act 1979:(a) a conservation agreement is taken to be a regulatory instrument, and(b) the Minister is responsible for the administration of such a regulatory instrument.Note. Section 28 of the Environmental Planning and Assessment Act 1979 allows an environmental planning instrument to suspend the operation of a regulatory instrument for the purpose of enabling development to be carried out. Such a suspension cannot be given effect to without the concurrence in writing of the Minister responsible for the administration of the regulatory instrument.(2) In relation to any particular conservation agreement, a provision of an environmental planning instrument made under section 28 of the Environmental Planning and Assessment Act 1979 and in force:(a) immediately before the commencement of this section, or(b) immediately before the conservation agreement takes effect,does not affect the operation of the conservation agreement unless the provision is subsequently amended to expressly affect the operation of the conservation agreement.
3.5 Nature Conservation Trust Act 2001 No 10
Insert after section 38:38A Application of Environmental Planning and Assessment Act 1979
(1) For the purposes of section 28 of the Environmental Planning and Assessment Act 1979:(a) a Trust agreement is taken to be a regulatory instrument, and(b) the Minister is responsible for the administration of such a regulatory instrument.Note. Section 28 of the Environmental Planning and Assessment Act 1979 allows an environmental planning instrument to suspend the operation of a regulatory instrument for the purpose of enabling development to be carried out. Such a suspension cannot be given effect to without the concurrence in writing of the Minister responsible for the administration of the regulatory instrument.(2) In relation to any particular Trust agreement, a provision of an environmental planning instrument made under section 28 of the Environmental Planning and Assessment Act 1979 and in force:(a) immediately before the commencement of this section, or(b) immediately before the Trust agreement takes effect,does not affect the operation of the Trust agreement unless the provision is subsequently amended to expressly affect the operation of the Trust agreement.
3.6 Public Reserves Management Fund Act 1987 No 179
Section 5 Payments into Public Reserves Management Fund
Insert after section 5 (e):(e1) any money directed by the Minister to be paid into the Fund pursuant to a direction under section 34A (5) of the Crown Lands Act 1989,
3.7 Real Property Act 1900 No 25
Section 13K Conversions, purchases, extensions of term, subdivisions etc
Insert after section 13K (2):(2A) If, in connection with the sale of Crown land under Part 4 of the Crown Lands Act 1989 or the grant of an application to purchase land that is the subject of a holding within the meaning of the Crown Lands (Continued Tenures) Act 1989, the Minister administering the Crown Lands Act 1989 imposes a restriction on use or public positive covenant under Part 4A of that Act, the Registrar-General is to record the restriction on use or covenant in the relevant folio of the Register before taking any action to give effect to the sale or purchase.
3.8 Western Lands Act 1901 No 70
[1] Schedule 2 Applicable provisions of the Crown Lands Act 1989
Insert “, and section 34A except in relation to land that is the subject of a lease granted under the Western Lands Act 1901 or the Wentworth Irrigation Act 1890” after “easements” in the matter relating to Part 4.
Insert after the matter relating to Part 4:Part 4A Restrictions and covenants imposed on land
The whole Part is to apply except in relation to land that is the subject of a lease granted under the Western Lands Act 1901 or the Wentworth Irrigation Act 1890.
Insert after the matter relating to Division 1 of Part 7:Division 1A (transfer or vesting of certain land to or in Crown)—the whole Division.
Insert after the matter relating to Division 3 of Part 7:Division 3A (redetermination and adjustment of rents for licences and enclosure permits)—the whole Division, but only in respect of licences and enclosure permits granted under the Crown Lands Act 1989 and only to the extent (if any) that the regulations under that Division apply that Division in respect of those licences and enclosure permits.
Insert after the matter relating to Division 5 of Part 7:Division 5A (powers to enter and inspect land and to obtain information)—the whole Division except in relation to land that is the subject of a lease granted under the Western Lands Act 1901 or the Wentworth Irrigation Act 1890.
Omit “sections 184–186” from the matter relating to Division 7 of Part 7.Insert instead “sections 184, 185 and 186”.