NSW Government Introduces Bill for Major Reform of Crown Land Management

Thursday 20 October 2016 @ 10.50 a.m. | Legal Research

The NSW Government has introduced the Crown Land Management Bill 2016 into the Legislative Council.  The Bill is the result of a lengthy review conducted by the Government into the NSW Crown lands system, including a white paper released in 2014 (see TimeBase’s earlier article), a parliamentary inquiry and an Audit Office report into the sale and leasing of Crown land.  The Bill significantly reforms Crown land legislation, by repealing a number of Acts and consolidating the provisions into one piece of legislation.  The Government has announced it will introduce a second bill dealing with consequential amendments to legislation in 2017.

The reforms have attracted significant public attention, with the white paper receiving over 600 submissions and the parliamentary inquiry receiving more than 350 submissions.

Introducing the Bill into the Council, Minister for Primary Industries and Minister for Lands and Water Niall Blair said the bill was “a package of landmark reforms”:

“This bill aims to fundamentally improve the management of Crown land and ensure the Crown estate continues to provide significant social, economic, environmental and cultural heritage benefits to the people of this State. It demonstrates the Government's commitment to protect and preserve Crown land for future generations…

The bill creates a single modern legislative framework for Crown land which will be easier to understand and increase community involvement in major decisions about it.”

The Bill will also add land to the current Crown land system, including land vested in the Crown an dedicated for a public purpose and land currently under the Hay Irrigation Act 1902 and the Wentworth Irrigation Act 1890, as well as the Orange Show Ground.

Principal Reforms

According to the Explanatory Memorandum, the principal reforms introduced in the new Bill include:

  • dedicated or reserved Crown land will no longer be vested in reserve trusts... and the Minister will, instead, be able to appoint Crown land managers for dedicated or reserved Crown land
  • the Minister will be able to create statutory land managers for appointment as Crown land managers…
  • better governance structures and conduct requirements will be introduced for Crown land managers and their boards…
  • the Minister will be able to issue Crown land management rules for the management of dedicated or reserved Crown land…
  • the Minister will be required to approve community engagement strategies for certain dealings or other action affecting Crown land …
  • the terms and conditions of certain holdings will be permitted to deal with particular matters …in a way that is different from default provisions for those matters set out in the proposed Act
  • the determination and redetermination of rent for holdings over Crown land will be rationalised and simplified…
  • the holder of a holding or permit will be required to pay any rent or other amount due to the Crown before the holder can transfer it to another person
  • a local council that is appointed as a Crown land manager of dedicated or reserved Crown land will be able to manage the land in accordance with the provisions of the Local Government Act 1993 applicable to community land …
  • the Minister will be able to transfer Crown land to local councils if the land is of local (and not State) significance
  • special provisions will be introduced to protect native title rights and interests…
  • the current land assessment programme established by the Crown Lands Act 1989 will be discontinued
  • more flexible arrangements will be introduced for the sale, use and leasing of Crown land in the Western Division …
  • modern and robust provisions will be introduced for investigating compliance with, and enforcing, the proposed Act and holdings granted under it…
  • the Minister will be required to approve 10-year State strategic plans for Crown land based on draft plans prepared and submitted for approval by the Secretary of the Department of Industry, Skills and Regional Development…

Legislation to be Repealed

Acts to be repealed under the new regime include:

  • Commons Management Act 1989
  • Crown Lands Act 1989
  • Crown Lands (Continued Tenures) Act 1989
  • Hay Irrigation Act 1902
  • Irrigation Areas (Reduction of Rents) Act 1974
  • Murrumbidgee Irrigation Areas Occupiers Relief Act 1934
  • Orange Show Ground Act 1897
  • Trustees of Schools of Arts Enabling Act 1902
  • Wentworth Irrigation Act 1890
  • Western Lands Act 1901

The Bill is awaiting Second Reading Debate in the Legislative Council.

TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.

Sources:

Crown Land Management Bill 2016, Explanatory Memorandum and Second Reading Speech - available from TimeBase's LawOne service

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