New South Wales Consolidated Acts

CROWN LANDS ACT 1989 - SECT 77

77 Effect of vesting

(1) On land being vested in a council by a notification under section 76:

(a) the land shall be taken to have been acquired under the Local Government Act 1993 and to have been classified as community land under that Act,

(b) any dedication or reservation is revoked to the extent to which it affects the land,

(c) a provision for forfeiture or reverter in respect of any breach or non-performance of a condition, trust or proviso:

(i) contained in a Crown grant, or

(ii) contained or referred to in a folio of the Register created in respect of the land,

shall be taken to have been released by the Crown to the extent to which it affects the land,

(d) if a person was trustee of all or any part of the land immediately before the notification took effect, the person ceases to be such a trustee, and

(e) any by-laws that, immediately before the notification took effect, applied to all or any of the land are repealed in so far as they applied to the land.

(2) If, by the operation of section 125, a lease of, or a licence in respect of, land vested in a council under section 76 is taken to have been granted by the council, the lease or licence continues in force and shall be taken to have been granted:

(a) if the council granted the lease or licence in its capacity as trustee of the reserve-by the council otherwise than in that capacity, or

(b) in any other case-by the council,

despite any condition of the lease or licence and despite section 109, any Act or any other law.

(3) The revocation of a dedication or reservation in respect of any land under subsection (1) does not effect a revocation of a Crown grant or certificate of title issued, or a folio of the Register created, in respect of that land.