The Minister's power to grant licences under s 34 of the Crown Lands Act 1989 (NSW) does not extend to granting licences for purposes inconsistent with the terms of a reservation under s 87. A grazing licence over land reserved for public recreation is invalid. The scope of the power depends on the terms of the restraint imposed by the reservation (purpose), not on the actual or potential use of the land under the licence (activity). Even on a test of incompatibility, a grazing licence requiring fencing and permitting private stock-grazing is inconsistent with a reservation for public recreation. Licences and permissive occupancies granted over Crown reserves for purposes differing from the purpose of reservation may be vulnerable to challenge.
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