Local Government Act 1993 No 30
Current version for 1 July 2020 to date (accessed 5 August 2020 at 09:53)
Chapter 6 Part 2
Part 2 Public land
Note.
 This Part requires all land vested in a council (except a road or land to which the Crown Land Management Act 2016 applies) to be classified as either “community” or “operational”.
The classification will generally be achieved by a local environmental plan but may, in some circumstances, be achieved by resolution of the council (see sections 31, 32 and 33).
The purpose of classification is to identify clearly that land which should be kept for use by the general public (community) and that land which need not (operational). The major consequence of classification is that it determines the ease or difficulty with which land may be alienated by sale, leasing or some other means.
Community land must not be sold (except in the limited circumstances referred to in section 45(4)). Community land must not be leased or licensed for more than 21 years and may only be leased or licensed for more than 5 years if public notice of the proposed lease or licence is given and, in the event that an objection is made to the proposed lease or licence, the Minister’s consent is obtained. No such restrictions apply to operational land.
Classification or reclassification of land does not affect any estate or interest a council has in the land.
Community land would ordinarily comprise land such as a public park. Operational land would ordinarily comprise land held as a temporary asset or as an investment, land which facilitates the carrying out by a council of its functions or land which may not be open to the general public, such as a works depot or a council garage.
The use and management of community land is to be regulated by a plan of management. Until a plan of management is adopted, the nature and use of the land must not change.
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)
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 Chief Executive of the Office of Environment and Heritage, 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 Secretary of the Department of Industry, Skills and Regional Development.
(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 Chief Executive of the Office of Environment and Heritage under section 146 of the Threatened Species Conservation Act 1995 or any decision of the Secretary of the Department of Industry, Skills and Regional Development 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 Chief Executive of the Office of Environment and Heritage, 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 Secretary of the Department of Industry, Skills and Regional Development.
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 Chief Executive of the Office of Environment and Heritage, and
(ii)  incorporate any matter specified by the Chief Executive of the Office of Environment and Heritage 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, Crown managed land 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 30 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.