Emergency notice

This policy is current as at 02/10/2020 12:54am, AEST. Please refer to policy library website (https://education.nsw.gov.au/policy-library) for an updated version.

Surplus Land Sale to non-Government Schools Policy

A restrictive covenant to prevent the use of surplus school land and/or facilities for non-government school purposes will only be applied in specific circumstances where it is deemed appropriate, and will require the approval of the Minister for Education.

  1. Policy statement
    1. Legislation governing schools states that the Minister may 'in the case of land that is no longer required for the purpose it was acquired, grant a lease or license of the land or sell or exchange the land'.
    2. Where the Minister has approved the sale of surplus school land and/or facilities, restrictions are not to be placed on the land by way of a restrictive and/or public positive covenant to prevent its use for non-government school purposes.
    3. Individual cases may arise where the sale of school land and/or facilities with a restrictive and/or public positive covenant registered on the property title, to prevent use for non-government school purposes, is considered appropriate. In such cases, the Minister will determine the merits of the sale based on the Sale of Surplus School Land/Facilities Guidelines.
  2. Audience and applicability
    1. This policy applies to the sale of all surplus Department of Education school land and/or facilities.
  3. Context
    1. Closed school sites and vacant land will be sold unencumbered. A restrictive and/or public positive covenant preventing use of the land and/or facilities for non-government school purposes can be applied in specific circumstances, with the approval of the Minister.
    2. The sale of any site to another NSW Government agency will be completed without any restriction being placed on the property title.
    3. A direct sale to council is permitted, but only if council intends to use the property for community purposes.
    4. Surplus residential properties (former teachers’ residences) will be sold unencumbered.
  4. Responsibilities and delegations
    1. Executive Directors, School Performance
      • Responsible for obtaining the Minister’s approval for the closure of a school and for the site to be declared surplus to educational requirements, if appropriate.
      • Responsible for determining whether a restrictive and/or public positive covenant should apply to the sale of surplus school land and/or facilities to prevent their use for non-government school purposes.
    2. School Infrastructure NSW – infrastructure planning division
      • Responsible for providing Executive Directors with information and advice on the need, short and long term, for educational facilities in the area.
      • Responsible for obtaining the Minister’s approval for a closed school site already declared surplus to educational requirements to be disposed of.
      • Responsible for obtaining the Minister’s approval for vacant land to be declared surplus to educational requirements, in conjunction with the local asset planners, and for it to be disposed of.
  5. Monitoring and review
    1. School Infrastructure NSW is responsible for monitoring the implementation of this policy and reviewing its effectiveness, at least every three years.
  6. Contact
    1. Policy issues relating to the Surplus Land Sale to non-Government Schools Policy should be directed to the Executive Director, Infrastructure Planning on 0418 753 902.
    2. Operational and implementation issues should be directed to the Local Asset Management unit on 132 779.

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