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Local Government Act 1993 No 30
Current version for 8 January 2019 to date (accessed 27 June 2019 at 03:58)
Division 1 Classification and reclassification of public land
25 All public land must be classified
All public land must be classified in accordance with this Part.
26 What are the classifications?
There are 2 classifications for public land—“community” and “operational”.Note.On the commencement of this Part, certain land that is vested in or under the control of a council is taken to have been classified as community land by the operation of clause 6 of Schedule 7.
27 How are the classifications made?
(1) The classification or reclassification of public land may be made by a local environmental plan.(2) The classification or reclassification of public land may also be made by a resolution of the council under section 31, 32 or 33.
28 Forwarding of planning proposals to Minister for Planning
(1) A council may not forward a planning proposal to the Minister for Planning under section 56 of the Environmental Planning and Assessment Act 1979 which includes a proposal to classify or reclassify public land that is not owned by the council unless the council has obtained the consent of the owner to the proposed classification or reclassification of public land.(2) A local environmental plan that classifies or reclassifies public land may apply to one or more areas of public land.
29 Public hearing into reclassification
(1) A council must arrange a public hearing under section 57 of the Environmental Planning and Assessment Act 1979 in respect of a planning proposal under Part 3 of that Act to reclassify community land as operational land, unless a public hearing has already been held in respect of the same matter as a result of a determination under section 56 (2) (e) of that Act.(2) A council must, before making any resolution under section 32, arrange a public hearing in respect of any proposal to reclassify land as operational land by such a resolution.
30 Reclassification of community land as operational
(1) A local environmental plan that reclassifies community land as operational land may make provision to the effect that, on commencement of the plan, the land, if it is a public reserve, ceases to be a public reserve, and that the land is by operation of the plan discharged from any trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except for:(a) any reservations that except land out of a Crown grant relating to the land, and(b) reservations of minerals (within the meaning of the Crown Land Management Act 2016).(2) A provision referred to in subsection (1) has effect according to its tenor, but only if the Governor has, before the making of the local environmental plan, approved of the provision.
31 Classification of land acquired after 1 July 1993
(1) This section applies to land that is acquired by a council after the commencement of this Division, other than:(a) land to which the Crown Lands Act 1989 or the Crown Land Management Act 2016 applied before the acquisition and continues to apply after the acquisition, and(b) land that is acquired for the purpose of a road.(2) Before a council acquires land, or within 3 months after it acquires land, a council may resolve (in accordance with this Part) that the land be classified as community land or operational land.(2A) Any land acquired by a council that is not classified under subsection (2) is, at the end of the period of 3 months referred to in that subsection, taken to have been classified under a local environmental plan as community land.(2B) While the land remains unclassified:(a) the land may not be used for any purpose other than that for which it was being used immediately before it was acquired, and(b) the council may not dispose of any interest in the land.(3) A council must not resolve under this section that land be classified as operational land if:(a) the land is classified as community land immediately before its acquisition, or(b) the resolution would be inconsistent with any other Act, the terms of any trust applying to the land or the terms of any instrument executed by the donor or transferor of the land.
32 Reclassification of land dedicated under sec 94 of the Environmental Planning and Assessment Act 1979
(1) A council may resolve that land dedicated in accordance with a condition imposed under section 94 of the Environmental Planning and Assessment Act 1979 is to be reclassified as operational land.(2) A council may make such a resolution only if it is satisfied that the land has been found to be unsuitable for the provision, extension or augmentation of public amenities and public services because of any one or more of the following:• the size of the land• the shape of the land• the topography of the land• the location of the land• the difficulty of providing public access to the land.(3) The council must specify in the resolution the grounds on which it is satisfied the land is unsuitable.(4) Before making the resolution, the council must give public notice of the resolution. The public notice must specify a period of not less than 28 days during which submissions may be made to the council.(5) The net proceeds of sale by a council of any land dedicated in accordance with a condition imposed under section 94 of the Environmental Planning and Assessment Act 1979 must be dealt with under that section as if those net proceeds were a monetary contribution paid instead of the dedication.
33 Reclassification of operational land as community land
(1) A council may resolve that public land classified as operational land is to be reclassified as community land.(2) (Repealed)
34 Public notice to be given of classification or reclassification by council resolution
(1) A council must give public notice of a proposed resolution to classify or reclassify public land.(2) The public notice must include the terms of the proposed resolution and a description of the public land concerned.(3) The public notice must specify a period of not less than 28 days during which submissions may be made to the council.(4) (Repealed)