Council CONNECT May 2018 19 Property The Crown Land Management Act enables the Minister to appoint a council to be a Crown land manager for specified dedicated or reserved Crown land. Following the appointment, the council (known as a council manager) is authorised to classify and manage the Crown land as if it were public land within the meaning of the Local Government Act, but it must do so in accordance with the Crown Land Management Act. This means that the council manager may manage its Crown land as if it were community or operational land. As a rule, the council manager must manage its Crown land as if it were community land. For that purpose, it has the same functions as under the Local Government Act in relation to community land, including the leasing and licensing of the land. The council manager must assign the Crown land to one or more of the categories of community land listed in section 36 of the Local Government Act and must prepare and adopt a plan of management for the land in accordance with the Local Government Act. The preparation and adoption of the plan of management must take place within 3 years after the commencement of the Crown Land Management Act. Councils can do this by amending an existing plan of management so that it applies to the Crown land or by adopting a new plan of management for the Crown land. If the Crown land is a public reserve, the council manager must manage it as such under the Local Government Act. A council manager can only classify Crown land as operational with the written consent of the Minister. In such cases, the council has the same functions as under the Local Government Act in relation to operational land. However, this does not allow the council manager to sell or dispose of the land without the Minister’s written consent. Vesting of Crown land in councils The most significant change to vesting provisions effected by the Crown Land Management Act is that if Crown land is subject to a claim under the Aboriginal Land Rights Act 1983, the Minister may not vest that land in councils without the written consent of the Local and NSW Aboriginal Land Councils. The provisions regarding the vesting of Crown land in councils commenced when the Crown Land Management Act received royal assent on 14 November 2016. The Crown Land Management Act enables the Minister, by a council vesting notice published in the Gazette, to vest specified transferable Crown land in a council. Transferable Crown land means dedicated, reserved or any other Crown land, but does not include: >  land dedicated, reserved or declared to be a wildlife refuge under the National Parks and Wildlife Act 1974 or >  land that is required by another Act to be used for a particular purpose. The Minister may only vest Crown land in a council if the following 4 conditions are met: >  the land is wholly located within the local government area of the council > the council has agreed to the vesting >  the vesting has received the written consent of the Local and NSW Aboriginal Land Councils if the land is subject to a claim under the Aboriginal Land Rights Act 1983 >  the Minister is satisfied that the land is suitable for local use. The Crown Land Management Act will bring the management of Crown land by councils under the Local Government Act, providing a largely single framework for the management of Crown and community land.