New South Wales Consolidated Acts

CROWN LANDS ACT 1989 - SECT 112

112 Preparation of draft plan of management

(1) The Minister may cause a draft plan of management to be prepared for a reserve, including a draft plan that would, if adopted, authorise the reserve to be used for an additional purpose.

(2) A reserve trust may with the Minister’s consent, and if the Minister so directs shall, prepare a draft plan of management for the reserve.

(3) If the Minister directs a reserve trust to prepare a draft plan of management, the reserve trust shall:

(a) prepare it within the time directed by the Minister, and

(b) forward a copy of it to the Minister.

(4) A draft plan of management prepared by a reserve trust shall include provision for such matters as the Minister requires.

(5) Without limiting subsection (4), the Minister may, in directing a reserve trust to prepare a draft plan of management, direct the reserve trust to consider including an additional purpose as part of the draft plan.

(6) If, in relation to a draft plan of management prepared by a reserve trust, the reserve trust proposes that the reserve is to be used for an additional purpose, the reserve trust is to advise the Minister of the proposal.

(7) Without limiting subsection (4), the Minister may, in the case of a draft plan of management that would, if adopted, authorise the reserve to be used for an additional purpose, require the draft plan to specify or deal with the following matters:

(a) the condition of the reserve (including the condition of any buildings or other improvements on the reserve),

(b) the existing use of the reserve (including the existing use of any buildings or other improvements on the reserve),

(c) the nature and scale of the proposed additional purpose,

(d) the nature, scale and term of any lease, licence or other arrangement that is intended to be granted or entered into in relation to the additional purpose,

(e) any submissions made in relation to the draft plan as a result of the consultation process and public exhibition requirements under section 113.

(8) In the case of a reserve that is being used or occupied by, or is being administered by, a government agency, the Minister may not cause, or direct, to be prepared a draft plan of management that would, if adopted, authorise the reserve to be used for an additional purpose unless the Minister has consulted with the Minister to whom that agency is responsible.

(9) Failure to comply with subsection (8) does not affect the validity of the draft plan if adopted by the Minister under section 114.

(10) The Minister may, at any stage in the preparation of a draft plan of management referred to in subsection (5) or (6), direct the reserve trust to cease the preparation of the draft plan.