A new piece of legislation concerning the management of Crown land was assented to in November 2016 which now allows the Crown to vest land in local Councils by way of a gazette. Some provisions of the Crown Land Management Act 2016 (NSW) (CLM Act) came into force on 16 November 2016. Although many of the provisions in the CLM Act have not yet come into force, one major part of the legislation that is in force is the empowerment provided to the NSW Government to vest certain Crown land to Council.
What land can be vested?
The CLM Act prescribes that the type of Crown land able to be vested in Councils is that which has not yet been ‘declared or reserved’. Further, the land must not be declared as being a ‘wildlife refuge’ or be required to be used for some specific purpose under any legislation. In other words, it must be simply Crown land that serves no special purpose.