When the Crown Land Management Act 2016 (CLM Act) commenced in full on 1 July 2018, provisions relating to Crown roads and public roads in the Roads Act 1993 (Roads Act) were amended. Significantly, the Roads Act now distinguishes between ‘council public roads‘,…
The provisions of the Crown Land Management Act 2016 (‘CLM Act’) which are not yet in force will commence operation on 1 July 2018 and the existing Crown Lands Act 1989 (‘Former Act’) will be repealed on that day. The CLM…
The Crown Land Legislation Amendment Act 2017 (‘CLLA’) was assented to on 17 May, 2017. The majority of the CLLA Act will commence on the day when the Crown Lands Act 1989 is repealed by the Crown Land Management Act…
Vesting of Crown Lands in Councils
The new Crown Lands Management Act 2016 (CLM Act), which will eventually repeal the Crown Lands Act 1989, received royal assent on 14 November 2016. The majority of its provisions are not yet in effect. However provisions regarding the vesting of…
The Land and Environment Court in the recent case of Friends of King Edward Park Inc v Newcastle City Council (No 2) [2015] NSWLEC 76 found that a commercial function centre proposed to be used for private events such as…
Compulsory Acquisition of Reserve Trust Land
Tempe Recreation (D.500215 & D.1000502) Reserve Trust v Sydney Water Corporation [2013] NSWLEC 221, is the first case to consider s106A of the Crown Lands Act 1989 (CL Act) which relates to the compulsory acquisition of reserve trust land under the…
17 years of arduous legal argument and conciliation came to conclusion on 2 December 2013 with the consent determination of the Bandjalang peoples’ claim by Jagot J in the Federal Court in Bandjalang People No 1 & 2 v Attorney General…
Interests such as leases, licences and permits granted over reserve Crown land, referred to as ‘secondary use tenures’, have received legislative reinforcement following the commencement of the Crown Lands Amendment (Multiple Land Use) Act 2013 on 27 November 2013. The Act, which amends…