New South Wales Consolidated Acts

CROWN LANDS ACT 1989 - SECT 102A

102A Minister’s consent not required for certain leases, licences or easements

(1) This section applies to a reserve trust managed by any of the following:

(a) a trust board or a corporation (other than a council) that has been appointed under section 93 or 95, but only if the land comprising the reserve for which the reserve trust has been appointed as trustee is being used, occupied or administered by a government agency (other than a livestock health and pest authority),

(b) a council that has been appointed under section 95.

(2) Despite any other provision of this Part, a reserve trust to which this section applies is not required to obtain the Minister’s consent under section 102 to grant a lease or licence in respect of land comprising the whole or any part of the reserve for which the reserve trust has been appointed as trustee, or to grant an easement in connection with any such lease or licence (a "related easement"), if:

(a) the reserve trust has been authorised by the Minister, by notice in writing, to grant the lease, licence or related easement without the Minister’s consent, and

(b) the lease, licence or related easement is granted in accordance with the Minister’s authorisation, and

(c) the reserve trust complies with the requirements of the Minister’s authorisation and the provisions of this section.

(3) The Minister’s authorisation:

(a) may relate to any specified reserve (or class of reserves) for which the reserve trust has been appointed as trustee or generally to all reserves for which it has been appointed as trustee, and

(b) may specify the circumstances in which a lease, licence or related easement may be granted by the reserve trust without the Minister’s consent, and

(c) may apply generally in relation to the reserve trust or may be limited in its application by reference to specified exceptions or factors, and

(d) is subject to such terms and conditions as the Minister considers appropriate.

(4) Without limiting subsection (3), the Minister may, in authorising a reserve trust to grant leases, licences or related easements without the Minister’s consent:

(a) specify the purposes, and the terms and conditions, of any such lease, licence or easement, and

(b) limit the term of any such lease, licence or easement, and

(c) require the reserve trust to follow certain procedures in relation to the granting of any such lease, licence or easement, including procedures for public notice and consultation, procedures for tendering and procedures for dealing with objections to the proposed lease, licence or easement, and

(d) require the reserve trust to provide the Minister with such information as may be required by the Minister before or after any such lease, licence or easement is granted, and

(e) require the reserve trust to submit any proposal for such a lease, licence or easement to the Minister before it is granted, and

(f) require the reserve trust to indemnify the Crown against any liability or claim for compensation that may arise as a result of the granting of any such lease, licence or easement.

(5) A reserve trust must, within 14 days of granting a lease, licence or related easement in accordance with the Minister’s authorisation under this section, notify the Minister of the grant and the terms of the lease, licence or easement.

(6) The Minister may, in making any decision in relation to an authorisation under this section, take into account such matters as the Minister thinks appropriate, including the performance of the trust board, corporation or council concerned in managing:

(a) the affairs of the reserve trust or any other reserve trust that the trust board, corporation or council is managing or has previously managed, or

(b) in the case of a reserve trust managed by a council-any public land within the meaning of the Local Government Act 1993 .

(7) The Minister may, for the purposes of this section, request any information about a council, including information about a council’s performance, from the Minister administering the Local Government Act 1993 and that Minister is authorised to provide any such information.

(8) Nothing in this section authorises a reserve trust to sell or mortgage land, or to grant a lease, licence or related easement for a term exceeding 21 years, without the consent of the Minister under section 102.

(9) An authorisation by the Minister under this section may be varied or revoked by the Minister at any time by notice in writing given to the reserve trust concerned.

(10) Any lease, licence or easement granted by a reserve trust:

(a) without the Minister’s consent under section 102, or

(b) otherwise than in accordance with the Minister’s authorisation under this section,

has no effect except in such cases as the Minister may determine.

(11) For the purposes of the Residential Parks Act 1998 , a lease or licence granted by a reserve trust as provided by this section is taken to be a lease or licence to which the Minister has given consent.