New South Wales Consolidated Regulations
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BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 129
Classification and reclassification of public land as operational land
129 Classification and reclassification of public land as operational land
(1) The public land described in Schedule 7 is classified, or reclassified, as
operational land for the purposes of the Local Government Act 1993 , subject
to this clause.
(2) Land described in Part 1 of Schedule 7-- (a) to the
extent (if any) that the land is a public reserve, does not cease to be a
public reserve, and
(b) continues to be affected by any trusts, estates,
interests, dedications, conditions, restrictions or covenants by which it was
affected before its classification, or reclassification, as the case requires,
as operational land.
(3) Land described in Columns 1 and 2 of Part 2 of
Schedule 7, to the extent (if any) that it is a public reserve, ceases to be a
public reserve on the commencement of the relevant amending plan and, by the
operation of that plan, is discharged from all trusts, estates, interests,
dedications, conditions, restrictions and covenants affecting the land or any
part of the land except those (if any) specified for the land in Column 3 of
Part 2 of Schedule 7.
(4) In this clause,
"the relevant amending plan" , in relation to land described in Part 2 of
Schedule 7, means the local environmental plan that inserted the description
of the land into that Part.
(5) Before the relevant amending plan inserted
the description of land into Part 2 of Schedule 7, the Governor approved of
subclause (3) applying to the land.
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