Category Archives: crown land management | native title

Overview of Proposed 2018 Native Title Reforms

In November 2018, the Commonwealth Attorney-General’s Department and the Minister for Indigenous Affairs released exposure draft legislation which proposed reforms to the native title system under the Native Title Act 1993 (Cth). The two exposure drafts, the Native Title Amendment … Continue reading

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Changes to the Roads Act by the new Crown Lands Legislation

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‘, … Continue reading

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Transitional Arrangements for Councils as Reserve Trust Managers

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not yet in force will commence operation on 1 July 2018 and the existing Crown Lands Act 1989 (‘Former Act’) will be repealed on that day.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 … Continue reading

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An Overview of the Crown Land Legislation Amendment Act 2017

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 The majority of the CLLA Act will commence on the day when the Crown Lands Act 1989 is repealed by the Crown Land Management Act … Continue reading

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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 … Continue reading

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Plans of management could permit private function centres on Crown reserves

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 … Continue reading

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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 … Continue reading

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Native Title Declared over NSW North Coast Land by Federal Court

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 … Continue reading

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State Government legislates to protect ‘secondary use tenures’ of reserve Crown land

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 … Continue reading

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