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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 follows over four years of engagement with the community on the future of Crown land and the new Crown land legislation. The process included a Parliamentary Inquiry into Crown land, public consultation and targeted discussions with stakeholders.

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.

Commencement in 2018

It is anticipated that the new legislation will commence in early 2018. This will enable sufficient time to inform and engage with stakeholders and customers with an interest in Crown land, as well as prepare the required policies and systems to support the implementation of the Act.

Prior to commencement of the new legislation, a Community Engagement Strategy and Regulations must 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 (CLLMA).

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

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

The 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 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 this Act is included in the following factsheets:

Crown Land Management Act 2016

On 9 November 2016 the NSW Parliament passed the Crown Land Management Act 2016 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 factsheets:

Enhanced community engagement

The Crown Land Management Act 2016 proposes significant improvements to how the community is engaged and involved in the management of Crown land.

The Act introduces the requirement for a Community Engagement Strategy to be developed and adhered to for key decisions concerning Crown land.

The types of Crown land decisions that will be covered by the strategy include certain sales, leases, licences, changes to the reserve purpose, revocations of reserves and entry into plans of management.

The Government will engage with community and stakeholders during the development of the Community Engagement Strategy in 2017.  This will include publicly exhibiting a copy of the proposed strategy for at least 28 days and inviting submissions. The Strategy will be finalised and approved by the Minister for Lands prior to the expected commencement of the new legislation in early 2018.

Further details of the Strategy are included in: Community engagement: a new way forward (PDF, 1727.95 KB)

Regulations

Regulations are currently being developed to support the operation of the new legislation.

Draft regulations, together with a Regulatory Impact Statement assessing the direct and indirect benefits and costs of the proposed regulations, are expected to be exhibited for public comment mid-2017.

Recognising and protecting the values of commons

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 Crown Land Management Act 2016 (the Act). This proposal did not proceed in the Act that was passed last year due to concerns from certain stakeholders, including a number of commons trusts.

The proposal for commons was rethought 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:

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.

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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