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Crown Lands Act 1989.

Country/Territory
Australia
Territorial subdivision
New South Wales
Document type
Legislation
Date
1989 (2016)
Source
FAO, FAOLEX
Long title
An Act to provide for the administration and management of Crown land in the Eastern and Central Division of the State and to repeal the Crown Land Consolidation Act 1913, the Closer Settlement Acts and certain other Acts.
Subject
Land & soil
Keyword
Public land Lease Ownership Land tenure Transfer Right of use Data collection/reporting Access-to-information Land-use planning Indigenous peoples
Geographical area
Asia and the Pacific, Australia and New Zealand, Indian Ocean, Oceania, South Pacific
Abstract

In accordance with the division of the State into (a) Eastern and Central Division; and (b) Western Division, the Act makes provision for the administration and management of Crown land in the Eastern and Central Division of the State. Main object of this Act is to provide for: (a) a proper assessment and management of Crown land; (b) the development and conservation of Crown land; (c) the reservation or dedication of Crown land for public purposes; (d) the collection, recording and dissemination of information relevant to the above. The management of Crown land is based on the following principles: (a) environmental protection; (b) conservation of natural resources; (c) and sustainable use of Crown land. For the purpose of this Act "Crown land" means land that is vested in the Crown or was acquired under the closer Settlement Acts as in force before their repeal, except: (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 (art. 3 (1)). 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 authorized by this Act or the Crown Lands (Continued Tenures) Act 1989. As far as the administration of Crown land is concerned, Part 2 states the responsibility of the Minister with respect to the implementation of the provisions of the Act, and makes provision for the establishment, composition and powers of the Lands Administration Ministerial Corporation. According to article 30, the Minister shall formulate a programme for the assessment of Crown land, which shall consist of (a) the preparation of an inventory of Crown land; (b) assessment of the capabilities of the land; (c) the identification of suitable uses for the land and, where practicable, the preferred use or uses. In accordance with provisions of Part 4, the Minister may also: (a) sell, lease, exchange or otherwise dispose of or deal with Crown land; or (b) grant easements or rights of way over, or licences or permits in respect of, Crown land. A licence may authorize the use or occupation of Crown land for such purposes as the Minister thinks fit (div. 4 of Part 4). Division 5 regulates the creation and release of easements, the creation of easements for public access, the rights of owners or lessees of affected land. The Minister may, on application by a holder of land, grant to the holder a permit to enclose wholly or in part any road or watercourse by which the land is traversed or bounded, subject to payment of an annual rent determined by the Minister. Further provisions regard inter alia the transfer of land with an enclosure permit, the subdivision of land with which road or watercourses is enclosed, the cancellation of enclosure permit, and the variation of enclosure permit. Part 5 deals with the dedication and reservation of land. The Minister may, by notification in the Gazette, (a) dedicate Crown land for a public purpose, (b) reserve any Crown land from sale, lease or licence for future public requirements or other public purposes, (c) add Crown land to any dedicated or reserved land, (d) reserve any Crown land from sale, lease or licence. The Minister may also establish and name a reserve trust and appoint it as trustee of any one or more specified reserves or any one or more parts of a reserve and appoint a council or any other corporation to manage the affairs of a reserve trust. Further provisions establish the powers and duties of the administration, liability, etc. of the reserve trust. Part 6 states the powers of the Minister relevant to the implementation of the Act. Miscellaneous provisions concern the following: acquisition of land, acquisition of land for public purposes, withdrawal from lease or licence for public purposes, surrender of land, alteration of conditions or purposes and suspension of conditions, determination of rent, payments, postponement, waiver etc. Of payments, rebates of rent, protection of public land, offences, legal and evidentiary provisions.

Full text
English
Website
www.legislation.nsw.gov.au

References - Legislation

Implemented by

Crown Lands (General Reserves) By-law 2006.

Legislation | Australia | 2006 (2016)

Keyword: Land-use planning, Protected area, Zoning, Indigenous peoples

Source: FAO, FAOLEX

Crown Lands Regulation 2006.

Legislation | Australia | 2006 (2014)

Keyword: Public land, Authorization/permit, Right of use, Lease

Source: FAO, FAOLEX

Crown Lands Regulation 1995.

Legislation | Australia | 1995

Keyword: Public land, Authorization/permit, Right of use

Source: FAO, FAOLEX

Crown Lands Regulation 2000.

Legislation | Australia | 2000 (2001)

Keyword: Public land, Authorization/permit, Right of use, Lease

Source: FAO, FAOLEX

Crown Lands (General Reserves) By-law 2001.

Legislation | Australia | 2001 (2003)

Keyword: Land-use planning, Protected area, Zoning, Indigenous peoples

Source: FAO, FAOLEX

Crown Land Management Regulation 2018.

Legislation | Australia | 2018 (2019)

Keyword: Public land, Authorization/permit, Right of use, Lease, Royalties/fees, Indigenous peoples

Source: FAO, FAOLEX

Repealed by

Crown Land Management Act 2016.

Legislation | Australia | 2016 (2018)

Keyword: Lease, Environmental planning, Enforcement/compliance, Zoning, Indigenous peoples, Traditional rights/customary rights, Transfer, Land tenure, Land-use planning, Legal proceedings/administrative proceedings, Cultural heritage, Policy/planning, Freshwater resources management, Water rights

Source: FAO, FAOLEX