New South Wales Consolidated Acts

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Classification of land acquired after 1 July 1993

31 Classification of land acquired after 1 July 1993

(1) This section applies to land that is acquired by a council after the commencement of this Division, other than--
(a) land to which the Crown Lands Act 1989 or the Crown Land Management Act 2016 applied before the acquisition and continues to apply after the acquisition, and
(b) land that is acquired for the purpose of a road.
(2) Before a council acquires land, or within 3 months after it acquires land, a council may resolve (in accordance with this Part) that the land be classified as community land or operational land.
(2A) Any land acquired by a council that is not classified under subsection (2) is, at the end of the period of 3 months referred to in that subsection, taken to have been classified under a local environmental plan as community land.
(2B) While the land remains unclassified--
(a) the land may not be used for any purpose other than that for which it was being used immediately before it was acquired, and
(b) the council may not dispose of any interest in the land.
(3) A council must not resolve under this section that land be classified as operational land if--
(a) the land is classified as community land immediately before its acquisition, or
(b) the resolution would be inconsistent with any other Act, the terms of any trust applying to the land or the terms of any instrument executed by the donor or transferor of the land.

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