Dedicated land and reserves

Pursuant to the Crown Lands Act 1989 the Minister may publish a notice in the Government Gazette to:

  • dedicate Crown land for a public purpose, see s80 Crown Lands Act 1989
  • add Crown land to any land dedicated under the Act, see s81 Crown Lands Act 1989
  • reserve Crown land for a public purpose, see s87 Crown Lands Act 1989
  • add Crown land to any land reserved under the Act, see s88 Crown Lands Act 1989
  • establish a Reserve Trust
  • appoint a manager to preside over the Reserve Trust and
  • revoke a dedication or reservation of land.

The State Lands Services may lodge a Request form 11R to create a folio of the Register for the dedicated or reserved land.

The folio for dedicated or reserved land for which a Reserve Trust has been established will show the Reserve Trust in the First Schedule and notifications in the Second Schedule will refer to:

  • reservation of minerals, see s171 Crown Lands Act 1989
  • the dedication or reservation, and purpose and
  • "The Land Is A Reserve Within The Meaning Of Part 5 Of The Crown Lands Act 1989, And The Consent Of The Minister Is Required To Sale, Lease, Easement, Mortgage or Licence - See Section 102".

The folio for dedicated land for which a Reserve Trust is not established will show the registered proprietor in the First Schedule and include a notification referring to the dedication in the Second Schedule.  LPI should be contacted where a title contains a notification in the Second Schedule referring to a dedication and there is no reference to restrictions on dealings, eg s102 Crown Lands Act 1989.  Amendment action may be necessary to include the restrictions on the title.

The folio for reserved land for which a Reserve Trust has not been established will show "The State of New South Wales" in the First Schedule and notifications in the Second Schedule will refer to:

  • reservation of minerals, see s171 Crown Lands Act 1989
  • the reservation and purpose and
  • "The Land Is A Reserve Within The Meaning Of Part 5 Of The Crown Lands Act 1989, And The Consent Of The Minister Is Required To Sale, Lease, Easement, Mortgage or Licence - See Section 102".

Reserve Trust

A Reserve Trust may be established and be appointed to manage dedicated or reserved land pursuant to the Government Gazette notice.  The Reserve Trust is constituted as:

  • a corporation (s95 Crown Lands Act 1989)
  • a trust board (s93 Crown Lands Act 1989) or
  • an administrator (s117 Crown Lands Act 1989),

and may deal with the dedicated or reserved land depending upon restrictions and provisions recorded on the title.  The Reserve Trust will take the corporate name as set out in the Government Gazette notice and does not have an ACN.

Where a Reserve Trust is established by publication of a notice in the Government Gazette after the creation of a folio for reserved land in the name of "The State of New South Wales", that Reserve Trust is entitled to become the registered proprietor pursuant to s46C Real Property Act 1900 by lodging a Record New Registered Proprietor form 04RP.

When a Reserve Trust transfers the land with the consent of the Minister, all notifications referring to the dedication or reserve are removed, see s104 Crown Lands Act 1989.

A dealing involving a Reserve Trust may be executed:

  • under the seal of the trust
  • by the corporation managing the trust in a manner similar to that for a company or
  • by a Local Council.

Where the name of the Reserve Trust as shown on the Register and the name of the managing corporation or Local Council executing the dealing are not identical, evidence of the appointment is required.

Revocation of dedicated land or reserve

The Minister may publish a notice in the Government Gazette to revoke a dedication, see s84 Crown Lands Act 1989, or revoke the whole or part of a reservation, see s90 Crown Lands Act 1989, of land.  The relevant authority may lodge a Request form 11R together with advice of the revocation and a copy of the Gazette notice.  The certificate of title is not required.

Staff processing information

Reserve Trusts

The dealing must be accepted for lodgment and a requisition will be raised by SD6.

Removal of a dedication for religious purposes

A Request (Form 11R) referring to the appropriate legislation must be lodged to remove a dedication for religious purposes. The applicant must be the religious body. The certificate of title is required.
Where the land is also affected by a Crown Land Reserve notification the Request to remove the dedication for religious purposes must be accompanied by a letter from the Minister or a letter from Crown Lands on behalf of the Minister administering the Crown Lands Act stating that the land is not affected by a reserve within the meaning of Part 5 Crown Lands Act 1989.

Staff processing information

Submit to SD31