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Contents (1993 - 30)
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Local Government Act 1993 No 30
Current version for 25 June 2019 to date (accessed 15 October 2019 at 05:46)
Chapter 6 Part 2 Division 3
Division 3 Miscellaneous
47G   Public hearings
(1)  In this section, public hearing means any public hearing required to be arranged under this Part.
(2)  The person presiding at a public hearing must not be:
(a)  a councillor or employee of the council holding the public hearing, or
(b)  a person who has been a councillor or employee of that council at any time during the 5 years before the date of his or her appointment.
(3)  Not later than 4 days after it has received a report from the person presiding at the public hearing as to the result of the hearing, the council must make a copy of the report available for inspection by the public at a location within the area of the council.
48   Responsibility for certain public reserves
(1)  Except as provided by section 2.22 of the Crown Land Management Act 2016, a council has the control of:
(a)  public reserves that are not under the control of or vested in any other body or persons and are not held by a person under lease from the Crown, and
(b)  public reserves that the Governor, by proclamation, places under the control of the council.
(2)  If any doubt arises as to whether any land comes within the operation of this section, or as to the boundaries of a public reserve, the Governor may, by proclamation, determine the matter.
49   Public reserves and drainage reserves dedicated on subdivision, transfer or conveyance
(1)  On the registration by the Registrar-General of a plan on which land is marked with the words “public reserve”, or of a transfer or conveyance to a council of land identified in the transfer or conveyance as being for use as a public reserve, the land is dedicated as a public reserve and vests in the council for an estate in fee simple.
(2)  If the land so dedicated is under the Real Property Act 1900, the Registrar-General, on registration of the plan or transfer, must create a folio of the Register under that Act for the estate of the council in the land and record in the folio, by reference to this section or otherwise, that the land is dedicated as a public reserve.
(3)  On the registration by the Registrar-General of a plan on which land is marked with the words “drainage reserve”, or of a transfer or conveyance to a council of land identified in the transfer or conveyance as being for use as a drainage reserve, the land vests in the council for an estate in fee simple and is held by the council for drainage purposes.
(4)  This section does not apply to a subdivision of land the plan of which was approved by the council before 15 June 1964.
50   Public garden and recreation space and drainage reserves provided for in subdivisions approved before 15.6.1964
(1)  This section applies to a subdivision of land the plan of which was approved by the council:
•  in the case of public garden and recreation space—before 15 June 1964
•  in the case of drainage reserves—after 24 November 1922 and before 15 June 1964.
Note.
 15 June 1964 is the date of commencement of the Local Government and Conveyancing (Amendment) Act 1964. 24 November 1922 is the date of commencement of the Local Government (Validation and Amendment) Act 1922.
(2)  If a subdivision made provision for public garden and recreation space, the council may direct:
(a)  that the space be conveyed or transferred to the council, or
(b)  because the space is adjacent to land reserved or dedicated for the purpose of public recreation under the Crown Land Management Act 2016 or to a public park that is not vested in the council, that the space be surrendered to the Crown.
Public garden and recreation space surrendered to the Crown is taken to be Crown land.
(3)  If a subdivision made provision for a drainage reserve, the council may direct that the reserve be conveyed or transferred to the council.
(4)  Instead of directing that land be conveyed or transferred to it, the council may publish a notice in the Gazette notifying that the land is vested in it.
(5)  On publication of the notice, the land vests in the council for an estate in fee simple and is taken:
•  in the case of public garden and recreation space—to be dedicated as a public reserve
•  in the case of drainage reserves—to be held by the council for drainage purposes.
(6)  When creating a folio of the Register under the Real Property Act 1900 for public garden and recreation space vested in the council under this section, the Registrar-General must record in the folio, by reference to this section or otherwise, that the land is dedicated as a public reserve.
51   Use of land held for drainage purposes
Land that is held by council for drainage purposes may be used for any other purpose that is not inconsistent with its use for drainage purposes, subject to the Environmental Planning and Assessment Act 1979 and any environmental planning instrument applying to the land.
52   Effect of sec 28 of the Environmental Planning and Assessment Act 1979
This Part is not a regulatory instrument for the purposes of section 28 of the Environmental Planning and Assessment Act 1979.
Note.
 Section 28 of the Environmental Planning and Assessment Act 1979 empowers an environmental planning instrument to provide that, to the extent necessary to enable development to be carried out in accordance with such an instrument or with a consent granted under that Act, a regulatory instrument (an Act, rule, regulation, by-law, ordinance, proclamation, agreement, covenant or instrument by or under whatever authority made) is not to apply to the development. Section 52 prevents section 28 of that Act from removing any of the controls imposed by this Part.
53   The council’s land register
(1)  A council is required to keep a register of all land vested in it or under its control.
(2)  The register must include the following:
•  the name (if any) by which the land is known
•  the address or location of the land
•  the reference to title of the land
•  the name of the owner of the land
•  whether or not the land is Crown land
•  the classification under this Part of the land
•  whether or not there is a plan of management for the land
•  the zoning (if any) of the land under an environmental planning instrument
•  particulars of any agreement (including any lease or licence) entered into by the council with respect to the land.
54   Certificate as to classification of land
(1)  A person may apply to the council for a certificate as to the classification of any public land.
(2)  The application must be in the approved form and be accompanied by the approved fee.
(3)  The council is to issue a certificate to the applicant stating the classification of the public land as at the date of the certificate.
(4)  The production of the certificate is taken for all purposes to be conclusive proof of the matter certified.
54A   Community land to be described in common terms
Any public notice given by a council with respect to a parcel of community land must describe the land by reference to its common description (such as its address, or the name by which it is generally known) whether or not the notice also describes the land by reference to a more formal legal description.
54B   Transfer of certain institutional private trust land
(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 Division 6 of Part 2 of Schedule 7 to the Crown Land Management Act 2016.
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.