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New Crown Land Legislation

New Legislation

The NSW Government has delivered new legislation to underpin the management of the state’s vast and important Crown Estate, following the passing of the Crown Land Management Act 2016 and the Crown Land Legislation Amendment Act 2017.

This means that everything to do with the management and improvement of Crown land in NSW is now all in one new, consolidated, modern piece of legislation.

This new framework will ensure that the Crown Estate continues to support and generate significant social, environmental and cultural benefits to the people of NSW.

The framework consolidates seven pieces of legislation into one harmonised and clear piece of legislation. Complexity and duplication will be reduced and community involvement in Crown land improved.

The new legislation implements reforms identified through the comprehensive review of Crown land management.

More information about how we will work with you to deliver improved management of Crown land is included in the following fact sheets:

Commencement in 2018

It is anticipated that the new legislation will commence in early 2018.

Prior to commencement of the new legislation, we will inform and engage with customers who have an interest in Crown land and a Community Engagement Strategy will be prepared.

In the meantime, all current legislation remains in place. Crown land will continue to be administered in accordance with existing legislation. There are no changes for existing reserve trusts, lessees, licence holders or others with an interest in Crown land.

Further information will be provided throughout 2017 as we track towards commencement of the new legislation.

Crown Land Legislation Amendment Act 2017

On 10 May 2017 the NSW Parliament passed the Crown Land Legislation Amendment Act 2017 (CLLA Act).

The Act makes changes required to certain legislation that deal with Crown land as a consequence of the Crown Land Management Act 2016 (CLM Act). The changes do not alter the intent of the CLM Act but will ensure all legislation is consistent and correctly references the new Crown land legislation.

The CLLA Act completes the consolidation process that began with the CLM Act by incorporating relevant provisions of the Public Reserves Management Fund Act 1987 into CLM Act. Financial support for improving Crown reserves across NSW will continue under the newly named and more flexible “Crown Reserves Improvement Fund”.

The CLLA Act also updates the provisions for Crown roads in the Roads Act 1993 in accordance with the recommendations of the Crown Lands Management Review and subsequent community consultation. Key changes include simplifying the process for closing and selling Crown roads and more flexible payment options for land owners wanting to buy Crown roads on their properties.

The CLLA Act removes the requirement for the Minister for Lands to approve the closure of council roads. This is a positive outcome for local councils as it will remove inefficiencies and double handling. Stringent safeguards are in place to ensure a closure of a council road is appropriate and does not deny access to a property, including thorough consultation and notification requirements.

More information about the CLLA Act is included in the following fact sheets:

Crown Land Management Act 2016

On 9 November 2016 the NSW Parliament passed the Crown Land Management Act 2016 (CLM Act) which will deliver modern, streamlined and transparent management of the state’s vast Crown lands.

More information about this Act is included in the following fact sheets:

Regulations

Draft regulations, together with a regulatory impact statement, which assesses the direct and indirect benefits and costs of the proposed regulations, are now publicly available for comment.

Public exhibition has been extended until 1 October 2017.

Submissions can be made online, via email or in printed form. Visit the Draft Crown Land Management Regulation 2017 public exhibition page to view the draft legislation and to find out how to make a submission.

More information about the regulations is included in the following documents:

Recognising and protecting the values of commons

The Government has considered the views of the community and commons trusts, and decided to retain the existing legislation governing the management of common in NSW.

The future of commons was the focus of consultation conducted earlier this year to ensure that their values are protected and their historical significance is recognised in the new Crown land legislation. View a map of commons in NSW.

The 2014 Crown Land Legislation White Paper proposed that the Commons Management Act 1989 would be repealed and consolidated into the new CLM Act. This proposal did not proceed due to concerns from certain stakeholders, including a number of Commons Trusts.

The proposal for commons was amended in response to the concerns raised. An updated proposal was exhibited to stakeholders, including Commons Trusts.

The updated proposal was exhibited during January and February 2017 and a report is now available summarising the submissions received and the key issues raised.

More information about the submissions can be found here:

Commons in NSW will continue to be administered under the Commons Management Act 1989.

More information?

If you’d like more information about the review, or to get in touch with the department, please email us or call on 1300 886 235.

 
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