New South Wales Consolidated Acts

CROWN LANDS ACT 1989 - SECT 138

138 Certain land may be declared to be Crown land

(1) If any land was or is, before or after the commencement of this section:

(a) acquired by compulsory process for any public purpose and vested in a Minister of the Crown on behalf of the Crown by or under the authority of an Act,

(b) acquired by or on behalf of the Crown by gift or otherwise, or

(c) acquired by compulsory process and vested in a public authority, or otherwise acquired by or vested in a public authority, by or under the authority of an Act,

the Minister may, by notification in the Gazette, declare the land to be Crown land.

(2) The declaration may be limited to the surface of the land or to the surface and to such depth below the surface as is stated in the notification.

(3) A declaration may not be made in respect of land vested in or acquired by or on behalf of a public authority without the consent of the public authority.

(4) A declaration:

(a) may contain provisions relating to the discontinuation or continuation of any interests affecting the land, and

(b) has effect according to its tenor.

(5) In this section:
"public authority" means:

(a) the Water Administration Ministerial Corporation,

(b) a council as defined in the Local Government Act 1993 ,

(c) a livestock health and pest authority,

(d) a reserve trust established under Part 5, or

(e) a public body declared by the Minister, by order published in the Gazette, to be a public authority for the purposes of this section.