This Act may be cited as the Crown Lands Act 1989.
This Act commences on a day or days to be appointed by proclamation.
(1) In this Act:authorised inspector means a person appointed under section 168B.
Commonwealth lease means a lease to which Part 8 of Schedule 2 to the Crown Lands (Continued Tenures) Act 1989 applies.
Consumer Price Index means the Consumer Price Index (All Groups Index) for Sydney published by the Australian Statistician.
Consumer Price Index number, in relation to a quarter, means the number for that quarter appearing in the Consumer Price Index.
Crown land means land that is vested in the Crown or was acquired under the Closer Settlement Acts as in force before their repeal, not in either case being:
(a) land dedicated for a public purpose, or(b) land that has been sold or lawfully contracted to be sold and in respect of which the purchase price or other consideration for the sale has been received by the Crown.Crown Lands Acts means:
(a) the Acts repealed by section 2 of the Crown Lands Act of 1884 (except Act 22 Victoria No 17 and Act 23 Victoria No 4),(b) the Acts repealed by the Crown Lands Consolidation Act 1913,(c) the Acts repealed by this Act,(d) the provisions of the Prickly-pear Act 1924 referred to in clause 5 (1) of Schedule 1 to the Prickly Pear Act 1987,(e) the provisions of the Crown Lands (Amendment) Act 1932 repealed by the Miscellaneous Acts (Crown Lands) Amendment Act 1989,(f) the Crown Lands (Continued Tenures) Act 1989, and(g) this Act.Department means the Land and Property Management Authority.
Director-General means the Chief Executive of the Department.
Eastern and Central Division—see section 4 (2).
filming project has the same meaning as in the Local Government Act 1993.
government agency means any public authority, and includes:
(a) a government department or State owned corporation, and(b) a livestock health and pest authority,but does not include a local council or a reserve trust within the meaning of Part 5.holding means:
(a) an incomplete purchase, a perpetual lease, a term lease, a special lease or a permissive occupancy under the Crown Lands (Continued Tenures) Act 1989, or(b) a lease or licence under this Act.irrigation area means an irrigation area constituted under the Wentworth Irrigation Act 1890, the Murrumbidgee Irrigation Act 1910 or the Irrigation Act 1912.
land district means a land district referred to in section 8 (1), or established under section 8 (1A) or (2), and includes:
(a) an administrative district established under section 9 of the Western Lands Act 1901, and(b) a development district declared under section 44B of this Act or section 35XB of the Western Lands Act 1901.local land board, in applying a provision in which the expression occurs, means the local land board constituted under section 20 for the land district in which is situated the land in relation to which the provision applies.
Lord Howe Island has the same meaning as Island has in the Lord Howe Island Act 1953.
mineral means:
(a) in relation to land not in a special land district, any substance prescribed as a mineral for the purposes of this Act, or(b) in relation to land in a special land district, mineral within the meaning of the Mining Act 1992.Ministerial Corporation means the Lands Administration Ministerial Corporation constituted by section 13.
public purpose, in relation to a provision of this Act, means any purpose for the time being declared by the Minister, by notification in the Gazette, to be a public purpose for the purposes of that provision.
regulations includes regulations under the Crown Lands (Continued Tenures) Act 1989.
special land district means a special land district declared under section 8.
the Register means the Register kept under the Real Property Act 1900.
travelling stock reserve has the same meaning as in the Rural Lands Protection Act 1998.
Western Division—see section 4 (2A).
(2) Crown land does not cease to be Crown land just because of the creation in respect of it of a folio of the Register in the name of “The State of New South Wales”.(3) In this Act:(a) a reference to a function includes a reference to a power, authority and duty, and(b) a reference to the exercise of a function includes, in relation to a duty, a reference to the performance of the duty.(4) Notes included in this Act do not form part of this Act.
(1) For the purposes of this Act, the State shall consist of 2 Divisions:(a) the Eastern and Central Division, and(b) the Western Division.(2) Subject to any regulations made under subsection (3), the Eastern and Central Division is:(a) such part of the State as is not within Lord Howe Island or the Western Division, and(b) the coastal waters of the State within the meaning of Part 10 of the Interpretation Act 1987 and the seabed and subsoil beneath, and the airspace above, those waters.(2A) Subject to any regulations made under subsection (3), the Western Division comprises that part of the State depicted in Lot 1901, Deposited Plan 1133899, recorded in the office of the Registrar-General.(3) The boundary between the Eastern and Central Division and the Western Division may be altered or redefined by regulation.(4) A proposed alteration or redefinition may not be given effect under subsection (3) unless:(a) a notice describing the proposal has been published as prescribed, and(b) the notice states that written objections and submissions relating to the proposal may be lodged with the Department not later than 28 days after publication of the notice.
(1) This Act applies to and in respect of:(a) the Eastern and Central Division of the State,(b) special land districts,(c) incomplete purchases of land formerly comprised in leases under the Western Lands Act 1901,(d) purchases of land formerly comprised in incomplete purchases referred to in paragraph (c), and(e) holdings created under the Crown Lands Acts and situated in the Western Division.(2) In addition, this Act applies to and in respect of land in the Western Division to the extent set out in section 2A of the Western Lands Act 1901.(3) In the application of the provisions of this Act to and in respect of purchases of land or land purchased in the Western Division, a reference to “the Crown Lands Acts” or “this Act” includes a reference to the Western Lands Act 1901.(4) This Act does not apply to or in respect of Lord Howe Island.
6 Crown land to be dealt with subject to this Act etc
Crown land shall not be occupied, used, sold, leased, licensed, dedicated or reserved or otherwise dealt with unless the occupation, use, sale, lease, licence, reservation or dedication or other dealing is authorised by this Act or the Crown Lands (Continued Tenures) Act 1989.
7 Relationship with other Acts
This Act shall not be construed so as to affect the operation of a provision of any other Act which:(a) makes special provision for any particular kind of Crown land, or(b) authorises Crown land to be disposed of or dealt with in any manner inconsistent with this Act.
(1) The Eastern and Central Division of the State is divided into land districts, as established and defined under the Crown Lands Consolidation Act 1913 immediately before its repeal.(1A) The Minister may, by notification in the Gazette, establish land districts each comprising one or more irrigation areas or former irrigation areas that are within the Western Division.(2) The Minister may, by notification in the Gazette, alter or abolish existing land districts or establish and define new land districts.(3) The Minister may, by notification in the Gazette, declare any one or more land districts (whether in the Eastern and Central Division or the Western Division) to be a special land district. As far as practicable (but without affecting the power of the Minister to alter land districts or special land districts), a special land district is to consist of land within irrigation areas or former irrigation areas.(4) The Minister may, by notification in the Gazette, alter or abolish special land districts or define new special land districts.
The Minister may, by notification in the Gazette:(a) declare Crown land to be set apart as sites for cities, towns or villages, or(b) correct or alter the design, plan or boundaries of any city, town or village set apart under the Crown Lands Acts.
The objects of this Act are to ensure that Crown land is managed for the benefit of the people of New South Wales and in particular to provide for:(a) a proper assessment of Crown land,(b) the management of Crown land having regard to the principles of Crown land management contained in this Act,(c) the proper development and conservation of Crown land having regard to those principles,(d) the regulation of the conditions under which Crown land is permitted to be occupied, used, sold, leased, licensed or otherwise dealt with,(e) the reservation or dedication of Crown land for public purposes and the management and use of the reserved or dedicated land, and(f) the collection, recording and dissemination of information in relation to Crown land.
11 Principles of Crown land management
For the purposes of this Act, the principles of Crown land management are:(a) that environmental protection principles be observed in relation to the management and administration of Crown land,(b) that the natural resources of Crown land (including water, soil, flora, fauna and scenic quality) be conserved wherever possible,(c) that public use and enjoyment of appropriate Crown land be encouraged,(d) that, where appropriate, multiple use of Crown land be encouraged,(e) that, where appropriate, Crown land should be used and managed in such a way that both the land and its resources are sustained in perpetuity, and(f) that Crown land be occupied, used, sold, leased, licensed or otherwise dealt with in the best interests of the State consistent with the above principles.