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New South Wales
Crown Lands Legislation Amendment
Bill 2005
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crown Lands Act 1989 No 6 2
4 Amendment of Crown Lands (Continued Tenures) Act 1989
No 7 2
5 Amendment of other legislation 2
Schedule 1 Amendment of Crown Lands Act 1989 3
Schedule 2 Amendment of Crown Lands (Continued Tenures) Act 1989 36
Schedule 3 Amendment of other legislation 41
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2005
New South Wales
Crown Lands Legislation Amendment
Bill 2005
Act No , 2005
An Act to amend the Crown Lands Act 1989 and other legislation to make further
provision with respect to the administration and management of Crown land; and for
other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Crown Lands Legislation Amendment Bill 2005
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crown Lands Legislation Amendment Act 2005.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Crown Lands Act 1989 No 6
The Crown Lands Act 1989 is amended as set out in Schedule 1.
4 Amendment of Crown Lands (Continued Tenures) Act 1989 No 7
The Crown Lands (Continued Tenures) Act 1989 is amended as set out
in Schedule 2.
5 Amendment of other legislation
Each Act and Regulation specified in Schedule 3 is amended as set out
in that Schedule.
Page 2
Crown Lands Legislation Amendment Bill 2005
Amendment of Crown Lands Act 1989 Schedule 1
Schedule 1 Amendment of Crown Lands Act 1989
(Section 3)
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
authorised inspector means a person appointed under
section 168B.
government agency means any public authority, and includes:
(a) a government department or State owned corporation, and
(b) a rural lands protection board,
but does not include a local council or a reserve trust within the
meaning of Part 5.
travelling stock reserve has the same meaning as in the Rural
Lands Protection Act 1998.
[2] Section 3 (1), definition of "Department"
Omit the definition. Insert instead:
Department means the Department of Lands.
[3] Section 3 (1), definition of "holding"
Omit "a yearly lease,".
[4] Section 34 Powers of Minister in relation to Crown land
Omit section 34 (7).
[5] Section 34A
Insert after section 34:
34A Special provisions relating to Minister's powers over Crown
reserves
(1) Despite any other provision of this Act, the Minister may grant a
lease, licence or permit in respect of, or an easement or
right-of-way over, a Crown reserve for the purposes of any
facility or infrastructure or for any other purpose the Minister
thinks fit. Any such lease, licence, permit, easement or
right-of-way is referred to in this section as a relevant interest.
(2) The following provisions apply in relation to the granting of a
relevant interest:
(a) the Minister is to consult the following persons or bodies
before granting the relevant interest:
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Crown Lands Legislation Amendment Bill 2005
Schedule 1 Amendment of Crown Lands Act 1989
(i) the person or body managing the affairs of the
reserve trust (if any) appointed under Part 5 as
trustee of the Crown reserve that is the subject of the
relevant interest,
(ii) if the Crown reserve is being used or occupied by,
or is being administered by, a government agency--
the Minister to whom that agency is responsible,
(b) if the Crown reserve is to be used or occupied under the
relevant interest for any purpose other than the declared
purpose (as defined in section 112A) of the reserve--the
Minister is to specify, by notice published in the Gazette,
the purposes for which the Crown reserve is to be used or
occupied under the relevant interest,
(c) the Minister is not to grant the relevant interest unless the
Minister:
(i) is satisfied that it is in the public interest to grant the
instrument, and
(ii) has had due regard to the principles of Crown land
management.
(3) Failure to comply with subsection (2) (a) does not affect the
validity of the relevant interest concerned.
(4) The proceeds from a relevant interest are to be applied as directed
by the Minister.
(5) Without limiting subsection (4), any such direction by the
Minister may include any of the following:
(a) a direction that the proceeds (or part of the proceeds) be
paid to the Consolidated Fund or to the Public Reserves
Management Fund constituted under the Public Reserves
Management Fund Act 1987,
(b) in the case of a relevant interest granted in respect of a
Crown reserve for which a reserve trust has been appointed
as trustee under Part 5--a direction that the proceeds (or
part of the proceeds) be paid to the reserve trust or to
another reserve trust,
(c) in the case of a relevant interest granted in respect of a
travelling stock reserve under the care, control and
management of a rural lands protection board--a direction
that the proceeds (or part of the proceeds) be paid to that
rural lands protection board,
Page 4
Crown Lands Legislation Amendment Bill 2005
Amendment of Crown Lands Act 1989 Schedule 1
(d) in the case of a Crown reserve referred to in subsection (2)
(a) (ii)--a direction that the proceeds (or part of the
proceeds) be paid to the relevant government agency.
(6) The provisions of:
(a) Division 3 apply in relation to a lease granted under this
section, and
(b) Division 4 apply in relation to a licence granted under this
section, and
(c) Division 5 apply in relation to an easement granted under
this section as though the easement was granted or created
under that Division, and
(d) Division 6 apply in relation to a permit granted under this
section as though the permit was granted under that
Division.
Accordingly, in relation to the granting of a relevant instrument,
a reference in Divisions 36 to Crown land includes a reference
to a Crown reserve.
(7) In this section:
Crown reserve means land that is, or is part of, a reserve within
the meaning of Part 5, and includes:
(a) land within a travelling stock reserve, or
(b) land within any other reserves for public purposes under
the control of trustees or other authorities.
[6] Section 39 Effect of recording in Register
Insert at the end of the section:
Note. Section 183A applies in relation to a condition that is subject to a
recording referred to in this section.
[7] Section 45
Omit the section. Insert instead:
45 Licences
(1) Without limiting section 34B, a licence may authorise the use or
occupation of Crown land for such purposes as the Minister
thinks fit.
(2) A licence may be granted for such term as the Minister thinks fit.
Page 5
Crown Lands Legislation Amendment Bill 2005
Schedule 1 Amendment of Crown Lands Act 1989
(3) Subject to section 49, the Minister may grant a licence for any
purpose over Crown land that is the subject of a lease granted
under this Part or the Crown Lands (Continued Tenures) Act
1989, but only with the consent of the lessee.
[8] Section 47 Revocation of licences
Insert at the end of the section:
(2) Compensation is not payable on the revocation of a licence even
if the licence is revoked before the expiration of its term.
[9] Section 48
Omit the section. Insert instead:
48 Restrictions on transfer of licences
(1) A licence may be transferred only if:
(a) the conditions of the licence permit the licence to be
transferred, and
(b) the licence specifies a parcel of land that benefits from the
licence (the benefited land), and
(c) the licence is transferred to the owner or holder of the
benefited land.
(2) If the licence is, at any time, held by a person who is not the
owner or holder of the benefited land, the Minister may revoke
the licence without notice. Compensation is not payable on the
revocation of the licence.
[10] Section 48A
Insert after section 48:
48A Sublicences
(1) The holder of a licence may, with the consent of the Minister,
grant a sublicence but only if the conditions of the licence permit
the granting of the sublicence.
(2) A sublicence is subject to such conditions as the Minister thinks
fit to impose.
(3) A sublicence is not transferable.
Page 6
Crown Lands Legislation Amendment Bill 2005
Amendment of Crown Lands Act 1989 Schedule 1
[11] Part 4A
Insert after Part 4:
Part 4A Restrictions and covenants imposed on
land
77A Restrictions and covenants relating to protection of the
environment and other significant values
(1) The Minister may, in connection with the sale of Crown land
under Part 4 or the grant of an application to purchase land that is
the subject of a holding within the meaning of the Crown Lands
(Continued Tenures) Act 1989, impose on the land, on behalf of
the Crown, such restrictions on use or public positive covenants
as the Minister considers appropriate for any one or more of the
following purposes:
(a) protecting the environment,
(b) protecting or managing natural resources,
(c) protecting cultural, heritage or other significant values of
the land or any item or work on the land.
(2) Any such restriction or public positive covenant is to be imposed
in accordance with section 88D or 88E of the Conveyancing Act
1919 (as appropriate), and that Act applies in respect of the
restriction or public positive covenant.
Note. See also section 183A which applies in relation to a restriction on
use or public positive covenant imposed as referred to in this section.
(3) Without limiting subsection (1), any such restriction or public
positive covenant extends to:
(a) any separate lots created by a subsequent subdivision of
the land to which the restriction or covenant relates, and
(b) any separate titles created as a result of a separate dealing
(as referred to in section 77B) in relation to the land.
(4) In relation to a restriction or covenant imposed as referred to in
this section, the Minister may, on behalf of the Crown, exercise
the functions of a prescribed authority under sections 88D and
88E of the Conveyancing Act 1919.
(5) Section 88D (9) of the Conveyancing Act 1919 does not apply in
respect of any interest in the land acquired by the purchaser of the
land before the restriction or public positive covenant takes effect
and, accordingly, does not prevent the enforcement of the
restriction or covenant. A reference in this subsection to a
Page 7
Crown Lands Legislation Amendment Bill 2005
Schedule 1 Amendment of Crown Lands Act 1989
purchaser includes a reference to a mortgagee (or a person
claiming through a mortgagee) or any other person claiming
through the purchaser.
(6) This section does not limit the Minister's power under Division 2
of Part 4 to include conditions in a contract of sale of Crown land.
77B Imposition of covenants relating to subdivision or separate
dealings
(1) The Minister may, in connection with the sale of Crown land
under Part 4 or the grant of an application to purchase land that is
the subject of a holding under the Crown Lands (Continued
Tenures) Act 1989, impose on the land, on behalf of the Crown,
such covenants as the Minister considers appropriate for the
purpose of preventing or restricting:
(a) the subdivision of the land, or
(b) any dealing in relation to the land (referred to in this
section as a separate dealing) that would result in the
separate ownership of multiple lots previously contained
in a single holding or of any subsequent grouping of those
lots.
(2) Any such covenant is to be imposed as a restriction on the use of
the land in accordance with section 88D or 88E of the
Conveyancing Act 1919 (as appropriate), and that Act applies in
relation to the covenant. For that purpose, a subdivision or
separate dealing is taken to be a use of the land.
Note. See also section 183A which applies in relation to a covenant
imposed as referred to in this section.
(3) Without limiting the operation of subsection (1), a covenant
imposed as referred to in this section extends to any subsequent
dealings in relation to the land (including any subsequent
separate dealings of the land or any subsequent subdivision of the
separate lots created by a subdivision approved by the Minister).
(4) The Registrar-General must not, except with the consent of the
Minister, register:
(a) a plan of subdivision that is the subject of a covenant
(imposed as referred to in this section) for the purpose of
preventing or restricting the subdivision, or
(b) a separate dealing in relation to land that is the subject of a
covenant (imposed as referred to in this section) for the
purpose of preventing or restricting the separate dealing.
(5) A consent authority (within the meaning of the Environmental
Planning and Assessment Act 1979) must not grant consent under
Page 8
Crown Lands Legislation Amendment Bill 2005
Amendment of Crown Lands Act 1989 Schedule 1
Part 4 of that Act to the subdivision of land that is the subject of
a covenant (imposed as referred to in this section) preventing or
restricting subdivision except with the consent of the Minister.
(6) The Minister may, in relation to land that is the subject of a
covenant imposed as referred to in this section:
(a) consent to the subdivision of, or separate dealing in
relation to, the land, and
(b) consent to the registration of a plan of subdivision or
separate dealing in relation to the land.
Note. See clauses 9 (2) and 10 (2) of Schedule 7A to the Crown Lands
(Continued Tenures) Act 1989 which require the Minister to obtain the
concurrence of relevant Ministers in certain circumstances.
(7) If any such consent is given, the covenant concerned is to be
varied accordingly.
(8) In relation to a covenant imposed as referred to in this section, the
Minister may, on behalf of the Crown, exercise the functions of a
prescribed authority under sections 88D and 88E of the
Conveyancing Act 1919.
(9) Section 88D (9) of the Conveyancing Act 1919 does not apply in
respect of any interest in the land acquired by the purchaser of the
land before the covenant takes effect and, accordingly, does not
prevent the enforcement of the covenant. A reference in this
subsection to a purchaser includes a reference to a mortgagee (or
a person claiming through a mortgagee) or any other person
claiming through the purchaser.
(10) This section does not limit the Minister's power under Division 2
of Part 4 to include conditions in a contract of sale of Crown land.
[12] Section 92 Reserve trusts
Omit section 92 (6). Insert instead:
(6) The affairs of a reserve trust are to be managed:
(a) by the Minister, or
(b) if a trust board is appointed under section 93--by the trust
board, or
(c) if a corporation is appointed under section 95--by the
corporation, or
(d) if an administrator is appointed under section 117--by the
administrator.
(6A) In this Division, a reference to a reserve trust manager is a
reference to any such trust board, corporation or administrator.
Page 9
Crown Lands Legislation Amendment Bill 2005
Schedule 1 Amendment of Crown Lands Act 1989
(6B) More than one reserve trust manager may be appointed to
manage the affairs of a reserve trust in different respects, or in
relation to different parts of the reserve, as determined by, and in
accordance with the arrangements (if any) determined by, the
Minister.
(6C) If more than one reserve trust manager is appointed in relation to
a reserve trust in accordance with subsection (6B), each reserve
trust manager has the function of managing the reserve trust only
to the extent to which it has been appointed and is, for the
purposes of this or any other Act or law, taken to be the reserve
trust manager to that extent only.
[13] Section 95 Appointment of corporation to manage reserve trust
Insert "(including the Ministerial Corporation)" after "corporation" in section
95 (1) (c).
[14] Section 95 (2A) and (2B)
Insert after section 95 (2):
(2A) A corporation may be appointed as the manager of a reserve trust
for such term as may be specified in the notification of
appointment or by any subsequent notification.
(2B) The term of office of a corporation that has been appointed as the
manager of a reserve trust may be extended by the Minister from
time to time by a further notification in the Gazette.
[15] Section 96 Vacation of office by corporate manager
Insert at the end of section 96 (1) (b):
, or
(c) it completes a term of office and is not re-appointed.
[16] Section 96 (3)
Insert after section 96 (2):
(3) If a corporation, whether appointed before or after the
commencement of this subsection, is removed from office by the
Minister as the manager of a reserve trust, no compensation is
payable to the corporation because of the corporation ceasing to
hold office.
Page 10
Crown Lands Legislation Amendment Bill 2005
Amendment of Crown Lands Act 1989 Schedule 1
[17] Section 96A
Insert after section 96:
96A Performance management for reserve trust managers
(1) The Minister may, in such manner as the Minister considers
appropriate, require reserve trust managers to report to the
Minister on their performance in managing reserves and on such
other matters as the Minister considers appropriate.
(2) Any such requirement may specify:
(a) the intervals at which reserve trust managers are to report
to the Minister, and
(b) the performance management criteria against which the
performance of reserve trust managers is to be assessed by
the Minister.
[18] Section 97A
Insert after section 97:
97A Delegation of functions by reserve trust managers
A reserve trust manager may, with the approval of the Minister,
delegate any of its functions as reserve trust manager to any other
person or body.
[19] Section 98A
Insert after section 98:
98A Responsibility for certain reserves
(1) This section applies to a reserve that is a public reserve within the
meaning of the Local Government Act 1993 (other than a public
reserve referred to in section 48 (1) (b) of that Act).
(2) The Minister may, by notification in the Gazette, declare that any
reserve to which this section applies is for the time being under
the care, control and management of the Minister.
(3) Accordingly, the council does not have control of the reserve as
provided by section 48 of the Local Government Act 1993.
Page 11
Crown Lands Legislation Amendment Bill 2005
Schedule 1 Amendment of Crown Lands Act 1989
(4) If the Minister, by later notification in the Gazette, revokes a
notification under subsection (2) in relation to a reserve, section
48 of the Local Government Act 1993 is taken to apply in relation
to the reserve.
(5) A reference in this section to a reserve includes a reference to any
part of a reserve.
[20] Section 102A
Insert after section 102:
102A Minister's consent not required for certain leases, licences or
easements
(1) This section applies to a reserve trust managed by a council that
has been appointed under section 95.
(2) Despite any other provision of this Part, a reserve trust to which
this section applies is not required to obtain the Minister's
consent under section 102 to grant a lease or licence in respect of
land comprising the whole or any part of the reserve for which the
reserve trust has been appointed as trustee, or to grant an
easement in connection with any such lease or licence (a related
easement), if:
(a) the reserve trust has been authorised by the Minister, by
notice in writing, to grant the lease, licence or related
easement without the Minister's consent, and
(b) the lease, licence or related easement is granted in
accordance with the Minister's authorisation, and
(c) the reserve trust complies with the requirements of the
Minister's authorisation and the provisions of this section.
(3) The Minister's authorisation:
(a) may relate to any specified reserve (or class of reserves)
for which the reserve trust has been appointed as trustee or
generally to all reserves for which it has been appointed as
trustee, and
(b) may specify the circumstances in which a lease, licence or
related easement may be granted by the reserve trust
without the Minister's consent, and
(c) may apply generally in relation to the reserve trust or may
be limited in its application by reference to specified
exceptions or factors, and
(d) is subject to such terms and conditions as the Minister
considers appropriate.
Page 12
Crown Lands Legislation Amendment Bill 2005
Amendment of Crown Lands Act 1989 Schedule 1
(4) Without limiting subsection (3), the Minister may, in authorising
a reserve trust to grant leases, licences or related easements
without the Minister's consent:
(a) specify the purposes, and the terms and conditions, of any
such lease, licence or easement, and
(b) limit the term of any such lease, licence or easement, and
(c) require the reserve trust to follow certain procedures in
relation to the granting of any such lease, licence or
easement, including procedures for public notice and
consultation, procedures for tendering and procedures for
dealing with objections to the proposed lease, licence or
easement, and
(d) require the reserve trust to provide the Minister with such
information as may be required by the Minister before or
after any such lease, licence or easement is granted, and
(e) require the reserve trust to submit any proposal for such a
lease, licence or easement to the Minister before it is
granted, and
(f) require the reserve trust to indemnify the Crown against
any liability or claim for compensation that may arise as a
result of the granting of any such lease, licence or
easement.
(5) A reserve trust must, within 14 days of granting a lease, licence
or related easement in accordance with the Minister's
authorisation under this section, notify the Minister of the grant
and the terms of the lease, licence or easement.
(6) The Minister may, in making any decision in relation to an
authorisation under this section, take into account such matters as
the Minister thinks appropriate, including the performance of the
council in managing:
(a) the affairs of the reserve trust or any other reserve trust that
the council is managing or has previously managed, or
(b) any public land within the meaning of the Local
Government Act 1993.
(7) The Minister may, for the purposes of this section, request any
information about a council, including information about a
council's performance, from the Minister administering the
Local Government Act 1993 and that Minister is authorised to
provide any such information.
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Crown Lands Legislation Amendment Bill 2005
Schedule 1 Amendment of Crown Lands Act 1989
(8) Nothing in this section authorises a reserve trust to sell or
mortgage land, or to grant a lease, licence or related easement for
a term exceeding 21 years, without the consent of the Minister
under section 102.
(9) An authorisation by the Minister under this section may be varied
or revoked by the Minister at any time by notice in writing given
to the reserve trust concerned.
(10) Any lease, licence or easement granted by a reserve trust:
(a) without the Minister's consent under section 102, or
(b) otherwise than in accordance with the Minister's
authorisation under this section,
has no effect except in such cases as the Minister may determine.
(11) For the purposes of the Residential Parks Act 1998, a lease or
licence granted by a reserve trust as provided by this section is
taken to be a lease or licence to which the Minister has given
consent.
[21] Section 112A
Insert before section 112:
112A Definitions
In this Division:
additional purpose, in relation to a reserve, means any purpose
that is additional to:
(a) the declared purpose of the reserve, or
(b) any purpose authorised by the Minister under section 121A
in relation to the reserve.
declared purpose, in relation to land comprising a reserve, means
the public purpose for which the land has been dedicated or
reserved under this Part, and includes any purpose or use
permitted under, or in connection with, the declared purpose.
[22] Section 112 Preparation of draft plan of management
Insert ", including a draft plan that would, if adopted, authorise the reserve to
be used for an additional purpose" after "reserve" in section 112 (1).
Page 14
Crown Lands Legislation Amendment Bill 2005
Amendment of Crown Lands Act 1989 Schedule 1
[23] Section 112 (5)(10)
Insert after section 112 (4):
(5) Without limiting subsection (4), the Minister may, in directing a
reserve trust to prepare a draft plan of management, direct the
reserve trust to consider including an additional purpose as part
of the draft plan.
(6) If, in relation to a draft plan of management prepared by a reserve
trust, the reserve trust proposes that the reserve is to be used for
an additional purpose, the reserve trust is to advise the Minister
of the proposal.
(7) Without limiting subsection (4), the Minister may, in the case of
a draft plan of management that would, if adopted, authorise the
reserve to be used for an additional purpose, require the draft plan
to specify or deal with the following matters:
(a) the condition of the reserve (including the condition of any
buildings or other improvements on the reserve),
(b) the existing use of the reserve (including the existing use
of any buildings or other improvements on the reserve),
(c) the nature and scale of the proposed additional purpose,
(d) the nature, scale and term of any lease, licence or other
arrangement that is intended to be granted or entered into
in relation to the additional purpose,
(e) any submissions made in relation to the draft plan as a
result of the consultation process and public exhibition
requirements under section 113.
(8) In the case of a reserve that is being used or occupied by, or is
being administered by, a government agency, the Minister may
not cause, or direct, to be prepared a draft plan of management
that would, if adopted, authorise the reserve to be used for an
additional purpose unless the Minister has consulted with the
Minister to whom that agency is responsible.
(9) Failure to comply with subsection (8) does not affect the validity
of the draft plan if adopted by the Minister under section 114.
(10) The Minister may, at any stage in the preparation of a draft plan
of management referred to in subsection (5) or (6), direct the
reserve trust to cease the preparation of the draft plan.
Page 15
Crown Lands Legislation Amendment Bill 2005
Schedule 1 Amendment of Crown Lands Act 1989
[24] Section 113 Referral and exhibition of draft plans
Insert after section 113 (3):
(4) In the case of a draft plan of management that would, if adopted,
authorise a reserve to be used for an additional purpose, the
Minister may, in addition to any of the other requirements of this
section, require the reserve trust, by notice in writing:
(a) to consult on the draft plan with such persons or bodies as
may be specified in the notice, and
(b) to exhibit the draft plan in accordance with the notice.
[25] Section 114 Adoption of plan of management
Insert after section 114 (1):
(1A) In the case of a plan of management that authorises a reserve to
be used for an additional purpose, the Minister may, without
limiting subsection (1), adopt the plan subject to the reserve trust
complying with such conditions as the Minister thinks fit to
impose.
(1B) Without limiting the conditions that the Minister may impose
under subsection (1A), the Minister may impose a condition
requiring the reserve trust to indemnify the Crown against any
liability or claim for compensation that may arise as a result of
the reserve being used for the additional purpose specified in the
plan.
(1C) In determining whether to adopt a plan of management that
authorises a reserve to be used for an additional purpose, the
Minister is to have regard to the following:
(a) the declared purpose of the reserve,
(b) the compatibility of the proposed additional purpose with
the declared purpose,
(c) the principles of Crown land management,
(d) the public interest.
[26] Section 114 (3)
Insert after section 114 (2):
(3) If a plan of management is adopted authorising a reserve to be
used for an additional purpose specified in the plan, the reserve
may be used for the additional purpose specified in the plan.
Page 16
Crown Lands Legislation Amendment Bill 2005
Amendment of Crown Lands Act 1989 Schedule 1
[27] Section 117 Appointment of administrator
Omit section 117 (1). Insert instead:
(1) The Minister may, by notification in the Gazette, appoint an
administrator to manage the affairs of a reserve trust.
[28] Section 118 Functions of administrator
Omit the section.
[29] Section 121 Liability of reserve trust, members and other persons
Omit section 121 (2). Insert instead:
(2) If a reserve trust is managed by a corporation, the corporation is
jointly and severally liable with the reserve trust:
(a) for any liability of the reserve trust, or
(b) if the corporation is managing the affairs of the reserve
trust with another person or body in accordance with
section 92 (6B), for the liability of the reserve trust to the
extent only that the liability relates to the functions of the
corporation as the manager of the reserve trust.
[30] Section 121A
Insert before section 121:
121A Minister may authorise reserve to be used for additional purpose
(1) In this section, declared purpose has the same meaning as in
section 112A.
(2) The Minister may, by order published in the Gazette, authorise a
reserve specified in the order to be used for a purpose that is
additional to the declared purpose of the reserve.
(3) The Minister may not authorise a reserve to be used for any such
additional purpose unless the Minister is satisfied that:
(a) the additional purpose is compatible with the declared
purpose of the reserve, and
(b) the use of the reserve for the additional purpose is
consistent with the principles of Crown land management,
and
(c) it is in the public interest for the reserve to be used for the
additional purpose.
(4) The Minister is to consult the following persons or bodies before
making an order under this section in relation to a reserve:
Page 17
Crown Lands Legislation Amendment Bill 2005
Schedule 1 Amendment of Crown Lands Act 1989
(a) the person or body managing the affairs of the reserve trust
(if any) appointed as trustee for the reserve,
(b) if the reserve is being used or occupied by, or is being
administered by, a government agency--the Minister to
whom that agency is responsible.
(5) Failure to comply with subsection (4) does not affect the validity
of the order.
(6) An order under this section may relate to any number of reserves
or to a specified group of reserves.
[31] Section 122 Reports etc by reserve trust
Insert "by the regulations or as may be required by the Minister by notice in
writing to the reserve trust" after "prescribed" wherever occurring in section
122 (1).
[32] Section 122A
Insert after section 122:
122A Financial year of reserve trust
The financial year of a reserve trust is the year commencing on
1 July unless otherwise specified by the Minister.
[33] Section 138 Certain land may be declared to be Crown land
Omit paragraph (c) of the definition of public authority in section 138 (5).
Insert instead:
(c) a rural lands protection board,
[34] Part 7, Division 1A
Insert after Division 1:
Division 1A Transfer or vesting of certain land to or in
Crown
138A Definitions
In this Division:
institution has the same meaning as in the Trustees of Schools of
Arts Enabling Act 1902.
private trust land means any land (other than public trust land)
reserved, dedicated or granted under any Act or instrument, or
otherwise held, for the purposes of an institution.
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public trust land means any land reserved, dedicated or granted
under any Act or instrument, or otherwise held, for the purposes
of an institution and which:
(a) is Crown land (or land otherwise vested in the Crown), or
(b) was Crown land (or land otherwise vested in the Crown)
before being reserved, dedicated, granted or held for the
purposes of an institution.
trustees of private trust land or public trust land means the
majority of the trustees for the time being of that land.
138B Transfer of private trust land to Crown by agreement with trustees
(1) The Minister and the trustees of private trust land may enter into
an agreement for the land to be transferred to the Crown.
(2) Any such agreement may specify a purpose for which the land is
to be used after it is transferred to the Crown.
(3) The trustees may enter into any such agreement to transfer
private trust land, and the agreement has effect, despite the terms
and provisions of any Act, deed, reservation, dedication, grant or
other instrument relating to the land.
(4) The Minister is to comply as far as practicable with the
agreement.
138C Vesting of public trust land in Crown by agreement with trustees
(1) The Minister and the trustees of public trust land may enter into
an agreement for the land to be vested in the Crown.
(2) Any such agreement may specify a purpose for which the land is
to be used after it is vested in the Crown.
(3) The trustees may enter into any such agreement for the vesting of
public trust land in the Crown, and the agreement has effect,
despite the terms and provisions of any Act, deed, reservation,
dedication, grant or other instrument relating to the land.
(4) The Minister is to comply as far as practicable with the
agreement.
(5) If an agreement is entered into under this section, the Minister
may, by notification in the Gazette, vest the land in the Crown.
(6) If the notification specifies a public purpose for which the land is
to be reserved (being a public purpose for the purposes of section
87), the land is, on publication of the notification, taken to be
reserved under Part 5 for that purpose.
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138D Revocation of reservation or dedication of public trust land
(1) The Minister may, by notification in the Gazette:
(a) revoke the reservation or dedication of any public trust
land, and
(b) vest the land in the Crown.
(2) If the notification specifies a public purpose for which the land is
to be reserved (being a public purpose for the purposes of section
87), the land is, on publication of the notification, taken to be
reserved under Part 5 for that purpose.
138E Consultation in relation to transfer or vesting of land
(1) The Minister may, before any private trust land is transferred to,
or any public trust land is vested in, the Crown under this
Division:
(a) cause an advertisement of the proposed transfer or vesting
to be published in a newspaper circulating in the area in
which the land is situated, and
(b) cause a notice of the proposed transfer or vesting to be
placed in or on the land, and
(c) refer the matter to a local land board for a report.
(2) Any such advertisement or notice may invite submissions on the
proposed transfer or vesting to be made to the Minister within
such time as is specified in the advertisement or notice.
(3) The Minister is to take into account any submissions received on
the proposed transfer or vesting, and any local land board report
on the matter, before deciding to proceed with the proposed
transfer or vesting.
138F Effect of transfer or vesting of land
(1) Any land that is transferred to, or vested in, the Crown under this
Division:
(a) becomes Crown land, and
(b) is freed and discharged from any trusts, estates, interests,
reservations, dedications, conditions, restrictions and
provisions affecting the land.
(2) Subsection (1) (b) is subject to sections 138B (4) and 138C (4).
(3) Any land that is vested in the Crown under this Division is vested
without the need for any further conveyance, transfer,
assignment, assurance or declaration.
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(4) If any land that is transferred to, or vested in, the Crown under
this Division is reserved for a public purpose, the reservation
does not operate to reserve the land for the purposes of an
institution under the Trustees of Schools of Arts Enabling Act
1902.
(5) On the transfer or vesting of any private trust land or public trust
land to or in the Crown under this Division, the following
provisions have effect:
(a) any assets, rights or liabilities in relation to the land, or in
relation to the trustees of the land in their capacity as
trustees, become the assets, rights or liabilities of the
Crown,
(b) all proceedings relating to those assets, rights and
liabilities that were commenced by or against the trustees
before the transfer or vesting are taken to be proceedings
pending by or against the Crown,
(c) any act, matter or thing done or omitted to be done in
relation to those assets, rights and liabilities by, to or in
respect of the trustees before the transfer or vesting is (to
the extent to which that act, matter or thing has any force
or effect) taken to have been done or omitted to be done by,
to or in respect of the Crown.
(6) In this section:
assets means any legal or equitable estate or interest (whether
present or future and whether vested or contingent) in real or
personal property of any description (including money), and
includes securities, choses in action and documents.
liabilities means any liabilities, debts or obligations (whether
present or future and whether vested or contingent).
rights means any rights, powers, privileges or immunities
(whether present or future and whether vested or contingent).
138G Provisions relating to assessment of transferred or vested land
(1) Any private trust land or public trust land may be assessed under
Part 3 before the land is transferred to, or vested in, the Crown
under this Division even though the land is not Crown land at the
time when the assessment is carried out.
(2) An assessment under Part 3 is not required in relation to the
reservation of any land transferred to or vested in the Crown
under this Division if the Minister is satisfied that the public
purpose (if any) for which the land is to be reserved is the same,
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or substantially the same, as the purpose for which the land was
reserved, dedicated, granted or held, or otherwise used, before
being transferred or vested under this Division.
[35] Section 140 Removal of conditions etc
Insert at the end of the section:
(2) This section is subject to clauses 9 (2) and 10 (2) of Schedule 7A
to the Crown Lands (Continued Tenures) Act 1989.
[36] Section 141B General provisions applicable to CPI adjustment
Omit the section.
[37] Section 142 Objections and appeals against determinations or
redeterminations of rent
Insert at the end of section 142 (1) (a):
, and
(a1) a redetermination of rent under Division 3A, and
[38] Section 142 (8A)
Insert after section 142 (8):
(8A) A redetermination of rent under Division 3A takes effect from the
date of the redetermination even if an objection or appeal has
been lodged.
[39] Section 143 Determination or redetermination of rent--principles
Insert at the end of the section:
(2) Despite subsection (1), if the Independent Pricing and Regulatory
Tribunal makes a recommendation in relation to the rent of any
such lease, licence or enclosure permit (or class of any such lease,
licence or enclosure permit), the Minister may:
(a) in redetermining the rent of any lease or licence that is the
subject of the recommendation, or
(b) in determining or redetermining the rent of any enclosure
permit that is the subject of the recommendation,
apply the recommendation.
(3) If the recommendation of the Independent Pricing and
Regulatory Tribunal is applied by the Minister in determining or
redetermining the rent concerned, the local land board and the
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Land and Environment Court are, despite subsection (1), to apply
the recommendation in determining any appeal against the
Minister's decision.
(4) This section also applies in relation to the redetermination under
Division 3A of the rent of a licence or enclosure permit.
[40] Part 7, Division 3A
Insert after Division 3:
Division 3A Redetermination and adjustment of rents for
licences and enclosure permits
143A Application of Division
(1) This Division applies to any licence under this Act, or enclosure
permit within the meaning of Division 6 of Part 4, that is subject
to the payment of any rent.
(2) The rent of any such licence or enclosure permit is subject to
redetermination by the Minister in accordance with this Division
despite:
(a) any term or condition to which the licence or permit is
subject, or
(b) any other provision of this Act.
143B Minister may redetermine rents for licences and enclosure permits
(1) The Minister may, as provided by this section, redetermine the
rent payable in respect of a licence or enclosure permit to which
this Division applies.
(2) A redetermination of the rent of a licence or enclosure permit is
to be made in respect of each rent review date.
(3) The rent review dates for a licence or enclosure permit are as
follows:
(a) if the effective date of the last redetermination of the rent
of the licence or enclosure permit was not more than
3 years before the commencement of this section:
(i) the first rent review date is the first due date in
respect of the rent occurring on or after the
commencement of this section that is not less than
3 years after the effective date of that
redetermination (or such later due date as may be
determined by the Minister), and
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(ii) thereafter, rent review dates fall on the third
anniversary of the previous rent review date,
(b) if paragraph (a) does not apply or if there has been no
redetermination of the rent of the licence or enclosure
permit:
(i) in the case of a licence or enclosure permit in force
before the commencement of this section:
(A) the first rent review date is the first due date
in respect of the rent occurring on or after the
commencement of this section (or such later
due date as may be determined by the
Minister), and
(B) thereafter, rent review dates fall on the third
anniversary of the previous rent review date,
or
(ii) in the case of a licence or enclosure permit that
commences on or after the commencement of this
section:
(A) the first rent review date is the first due date
in respect of the rent occurring not less than
3 years after the commencement of the
licence or enclosure permit (or such other due
date as may be determined by the Minister),
and
(B) thereafter, rent review dates fall on the third
anniversary of the previous rent review date.
(4) A redetermination of rent in respect of the first rent review date
for a licence or enclosure permit under this section:
(a) may be made at any time before the first rent review date
or within 6 months after the first rent review date, and, if
so made, takes effect on the first rent review date, and
(b) may be made more than 6 months after the first rent review
date but, if so made, takes effect from the date of the
redetermination.
(5) A redetermination of rent in respect of any other rent review date
for a licence or enclosure permit under this section:
(a) may be made within 6 months before or after a rent review
date and, if so made, takes effect on the rent review date,
and
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(b) may be made more than 6 months after a rent review date
but, if so made, takes effect from the date of the
redetermination.
(6) Despite subsections (2) and (3), the Minister may redetermine the
rent of a licence or enclosure permit to which this Division
applies on an annual basis, or at such other intervals as the
Minister determines, starting from such date as the Minister
thinks fit.
143C Adjustment of rent in line with Consumer Price Index
(1) In this section:
existing licence or permit means a licence or enclosure permit in
force immediately before the commencement of this section.
mid-term redetermination of rent is a redetermination of rent that
takes effect on any date other than the due date for the rent.
minimum rent has the same meaning as in Division 2A.
new licence or permit means a licence or enclosure permit that
commences after the commencement of this section.
(2) The rent of a licence or enclosure permit at a due date that is the
effective date of a redetermination of the rent of the licence or
permit, or that is the next due date after a mid-term
redetermination of the rent of the licence or permit, is:
(a) the rent as so redetermined, or
(b) if the minimum rent at that due date exceeds the rent as so
redetermined--the minimum rent.
(3) The rent of a licence or enclosure permit at any other due date is:
(a) the CPI adjusted rent at that due date or, if the Minister so
determines, the rent as redetermined under subsection (2),
or
(b) if the minimum rent at that due date exceeds the CPI
adjusted rent, the minimum rent.
(4) The CPI adjusted rent is to be determined in accordance with the
following formula:
C
R = A × ---
-
D
where:
R represents the CPI adjusted rent.
A represents the determined rent, being:
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(a) in the case of an existing licence or permit--the rent as at
the last due date before the commencement of this section,
or as at the effective date of the last redetermination of rent
to take effect on or before the due date, whichever is later,
or
(b) in the case of a new licence or permit--the rent set as at the
commencement of the licence or permit, or as at the
effective date of the last redetermination of rent to take
effect on or before the due date, whichever is later.
C represents the Consumer Price Index number for the last
quarter for which such a number was published before the due
date for the rent.
D represents the Consumer Price Index number for the last
quarter for which such a number:
(a) in the case of an existing licence or permit--was published
before the last due date before the commencement of this
section, or as at the effective date of the last
redetermination of rent to take effect on or before the due
date, whichever is later, or
(b) in the case of a new licence or permit--was published
before the commencement of the licence or permit, or as at
the effective date of the last redetermination of rent to take
effect on or before the due date, whichever is later.
(5) Despite subsections (2) and (3), if a mid-term redetermination of
rent is made, the rent as so redetermined may be charged, on a pro
rata basis, in respect of the period commencing on the date the
redetermination takes effect and ending on the next due date in
respect of the rent, and the rent payable may be adjusted by the
Minister as appropriate (even if the rent in respect of that period
has already been paid in advance).
(6) The operation of this section in respect of the rent of a licence or
enclosure permit is not a redetermination of the rent for the
purposes of this Act.
143D Division does not apply in respect of Western Division
(1) Subject to this section, this Division does not apply in respect of
licences or enclosure permits situated in the Western Division.
(2) The regulations may apply the provisions of this Division, with
or without modification, in respect of licences or enclosure
permits situated in the Western Division.
(3) If the regulations apply the provisions of this Division in respect
of licences or enclosure permits situated in the Western Division,
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the regulations may modify the application of any other provision
of this Act in respect of those licences or enclosure permits.
[41] Section 148 Interest on arrears
Omit "3 months after the due date" from section 148 (1).
Insert instead "28 days (or such other period as may be prescribed by the
regulations) after the due date".
[42] Part 7, Division 5A
Insert after Division 5:
Division 5A Powers to enter and inspect land and to
obtain information
168A Definitions
In this Division:
Crown Lands Acts includes the Hay Irrigation Act 1902.
Crown tenure means any of the following:
(a) a holding,
(b) an enclosure permit,
(c) a Commonwealth lease,
(d) a lease under the Hay Irrigation Act 1902,
(e) any lease or licence granted in respect of a reserve within
the meaning of Part 5.
landholder means any person who, whether by reason of
ownership or otherwise, is in lawful occupation or possession, or
has lawful management or control, of private land or land that is
the subject of, or is comprised in, a Crown tenure.
private land means any land (other than Crown land) that:
(a) is subject to a restriction on use (including a restriction
relating to subdivision or separate dealing) or public
positive covenant imposed, or taken to have been imposed,
by the Minister under Part 4A whether before or after the
commencement of this Division, or
(b) is held subject to a recorded condition (whether recorded
before or after the commencement of this Division).
recorded condition means a condition to which a recording under
section 36 (4) (a), 37 (2) (a) or 38 (a) relates.
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168B Appointment of authorised inspectors
(1) The Minister may appoint any member of staff of the Department
or of any other government agency, or of a local council, as an
authorised inspector for the purposes of this Division.
(2) The authority of an authorised inspector may be limited by the
relevant instrument of appointment to the functions specified in
the instrument of appointment.
(3) An authorised inspector cannot exercise the functions of an
authorised inspector under this Division unless the inspector is in
possession of an identification card issued by the
Director-General.
(4) In the course of exercising the functions of an authorised
inspector under this Division, the inspector must, if requested to
do so by any person who is subject to the exercise of the function,
produce the inspector's identification card to the person.
168C Powers of entry and inspection in relation to land
(1) An authorised inspector may:
(a) enter any land that is the subject of a Crown tenure for the
purpose of determining whether the landholder is
complying with:
(i) the terms and conditions of the tenure, or
(ii) any of the requirements of the Crown Lands Acts
that apply in relation to the land, and
(b) enter any private land, at any reasonable time, for the
purpose of:
(i) monitoring or reviewing the effectiveness of the
measures imposed by the restriction on use or
covenant, or by the recorded condition, to or in
respect of which the land is subject, or
(ii) determining whether the landholder is complying
with the restriction on use or covenant, or the
recorded condition, to or in respect of which the
land is subject, and
(c) enter any other land owned or occupied by a landholder for
the purpose of gaining access to land that is the subject of
a Crown tenure, or is private land, owned or occupied by
that landholder.
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(2) An authorised inspector may enter land under subsection (1) only
if:
(a) the landholder consents, or
(b) the Director-General has authorised the entry onto the
land.
(3) An authorised inspector may, while on any land that the inspector
has entered under subsection (1) (a) or (b):
(a) conduct such investigations, make such inquiries,
examinations and inspections, and take such samples and
recordings (including photographs), as the inspector
considers necessary, and
(b) require the landholder or any other person to produce to the
inspector any records or documents that may relate to any
of the purposes for which the inspector may enter land, and
(c) require the landholder or any other person to provide such
reasonable assistance and facilities as may be requested by
the inspector to exercise the inspector's functions under
this section.
(4) A person may accompany an authorised inspector and take all
reasonable steps to assist an inspector in the exercise of the
inspector's functions under this section if the inspector is of the
opinion that the person is capable of providing assistance to the
inspector in the exercise of those functions.
(5) An authorised inspector is not entitled to enter any part of
premises used only for residential purposes except with the
consent of the landholder.
(6) A person who, without reasonable excuse:
(a) obstructs an authorised inspector in the exercise of the
inspector's functions under this section, or
(b) fails or refuses to comply with a requirement made by an
authorised inspector under this section,
is guilty of an offence.
Maximum penalty: 100 penalty units.
(7) For the purposes of subsection (6), obstruct includes delay,
threaten or hinder.
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168D Power to obtain information
(1) In this section:
relevant information means any information about:
(a) a possible contravention of the Crown Lands Acts or the
regulations under any of the Crown Lands Acts, or
(b) any other matter relating to a purpose for which an
authorised inspector may enter land under section 168C (1)
(a) or (b).
(2) The Director-General may, by notice in writing served on a
person, require the person:
(a) to give to an authorised inspector, orally or in writing
signed by the person (or, if the person is a corporation, by
a competent officer) and within the time and in the manner
specified in the notice, any relevant information of which
the person has knowledge, or
(b) to produce to an authorised inspector, in accordance with
the notice, any document containing relevant information.
(3) An authorised inspector may inspect a document produced in
response to such a notice and may make copies of, or take
extracts or notes from, the document.
(4) A person must not, without reasonable excuse:
(a) fail to comply with such a notice to the extent that the
person is capable of complying with it, or
(b) in purported compliance with such a notice, give
information or an answer to a question, or produce a
document, knowing that it is false or misleading in a
material particular.
Maximum penalty: 100 penalty units.
(5) A person is not excused from giving information, answering
questions or producing documents under this section on the
ground that the information, answers or documents may tend to
incriminate the person.
(6) Any information or document obtained from a natural person
under this section is not admissible against the person in criminal
proceedings other than proceedings for an offence under this
section.
168E Arrangements with other government agencies
(1) The Director-General may enter into an arrangement with the
head of any government agency, or with a local council, for a
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member of staff of the government agency or council to exercise
the powers of an authorised inspector under this Division.
(2) A member of staff of a government agency or local council who
exercises any such powers in accordance with such an
arrangement is taken to be an authorised inspector for the
purposes of this Act.
[43] Section 178 Certificate evidence as to authorised persons and
inspectors
Insert at the end of the section:
(2) A certificate signed by the Director-General and certifying that a
named person is, or was at a stated time or during a stated period,
an authorised inspector is, in any legal proceedings, admissible as
evidence of the matters certified.
[44] Section 180B
Insert after section 180A:
180B GST may be added to certain amounts
(1) If GST is payable in respect of any sale, rent or other matter under
the Crown Lands Acts (including any fee charged under section
180A), the amount payable under the Crown Lands Acts in
respect of the sale, rent or other matter may be increased to cover
the cost of GST payable.
(2) In this section, Crown Lands Acts includes the Hay Irrigation
Act 1902.
[45] Section 181A
Insert after section 181:
181A General provisions applicable to CPI adjustment
(1) This section applies in respect of a provision of this Act that
provides for the adjustment of an amount by reference to the
Consumer Price Index (a CPI adjustment provision).
(2) If a CPI adjustment provision requires regard to be had to a
Consumer Price Index number published before a due date in
respect of rent, regard may be had to the last Index number so
published before a notice or invoice of the rent payable by the
person liable to pay the rent is sent to the person concerned.
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(3) If the Australian Statistician publishes a Consumer Price Index
number in respect of a particular quarter after the notice or
invoice is sent:
(a) except as provided by paragraph (b)--the publication of
the later Index number is to be disregarded, or
(b) if the Minister so directs--regard is to be had to the later
and not to the earlier Index number.
(4) If the Australian Statistician publishes a Consumer Price Index
number in respect of a particular quarter in substitution for a
Consumer Price Index number previously published in respect of
that quarter:
(a) except as provided by paragraph (b)--the publication of
the later Index number is to be disregarded, or
(b) if the Minister so directs--regard is to be had to the later
and not to the earlier Index number.
(5) If the reference base for the Consumer Price Index is changed,
regard is to be had only to Index numbers published in terms of
the new reference base or to Index numbers converted to the new
reference base in accordance with an arithmetical conversion
factor specified by the Australian Statistician.
(6) An adjustment under a CPI adjustment provision is to be made to
the nearest whole dollar.
[46] Section 183A
Insert after section 183:
183A Application of Environmental Planning and Assessment Act 1979
(1) In this section:
prescribed instrument means:
(a) a condition to which a recording under section 36 (4) (a),
37 (2) (a) or 38 (a) relates, or
(b) a restriction on use or public positive covenant imposed in
accordance with Part 4A.
(2) For the purposes of section 28 of the Environmental Planning
and Assessment Act 1979:
(a) a prescribed instrument is taken to be a regulatory
instrument, and
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(b) the Minister is responsible for the administration of such a
regulatory instrument.
Note. Section 28 of the Environmental Planning and Assessment Act
1979 allows an environmental planning instrument to suspend the
operation of a regulatory instrument for the purpose of enabling
development to be carried out. Such a suspension cannot be given effect
to without the concurrence in writing of the Minister responsible for the
administration of the regulatory instrument.
(3) In relation to any particular prescribed instrument, a provision of
an environmental planning instrument made under section 28 of
the Environmental Planning and Assessment Act 1979 and in
force:
(a) immediately before the commencement of this section, or
(b) immediately before the prescribed instrument takes effect,
does not affect the operation of the prescribed instrument unless
the provision is subsequently amended to expressly affect the
operation of the prescribed instrument.
[47] Section 184A
Insert after section 184:
184A Compensation not payable
(1) No compensation is payable by or on behalf of the Crown
because of the enactment or operation of the amendments made
to the Crown Lands Acts, or to any other Act, by any of the
following Acts, or as a consequence of that enactment or
operation:
(a) the Crown Lands Legislation Amendment (Budget) Act
2004,
(b) the Crown Lands Legislation Amendment Act 2005.
(2) The operation of those amendments is not to be regarded as a
breach of contract.
(3) In this section:
compensation includes damages or any other form of monetary
compensation.
the Crown means the Crown within the meaning of the Crown
Proceedings Act 1988, and includes an officer of the Department.
[48] Schedule 8 Savings, transitional and other provisions
Insert at the end of clause 25 (1):
Crown Lands Legislation Amendment Act 2005
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[49] Schedule 8, clause 44
Omit the clause.
[50] Schedule 8, Part 5
Insert after Part 4:
Part 5 Provisions consequent on Crown Lands
Legislation Amendment Act 2005
45 Definition
In this Part:
amending Act means the Crown Lands Legislation Amendment
Act 2005.
46 Application of Part 4A
Part 4A (as inserted by the amending Act) extends to an
application to purchase land that is the subject of a holding under
the Crown Lands (Continued Tenures) Act 1989 that was made,
but not approved by the Minister, before the commencement of
that Part.
47 Saving of existing restrictions on use and covenants
(1) Any restriction on use (including a restriction relating to
subdivision or separate dealing) or public positive covenant
imposed by the Minister in accordance with Part 4 of Schedule
7A to the Crown Lands (Continued Tenures) Act 1989 (and in
force immediately before the repeal of that Part by the amending
Act), referred to in this clause as an existing instrument, is taken
to be a restriction on use or public positive covenant imposed by
the Minister in accordance with Part 4A of this Act (as inserted
by the amending Act).
(2) Anything done for the purposes of, or in connection with, the
recording or implementation of an existing instrument before the
commencement of Part 4A of this Act that would have been
validly done had the amendments made by the amending Act
been in force when it was done is validated.
48 Performance management in relation to reserve trust managers
Section 96A (as inserted by the amending Act) extends to reserve
trust managers appointed before the commencement of that
section.
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49 Determination or redetermination of rents
The amendments made to section 143 by the amending Act apply
in relation to determinations or redeterminations of rent by the
Minister whether before or after the commencement of those
amendments.
50 GST payable on certain amounts
Section 180B (as inserted by the amending Act) extends to
matters arising before the commencement of that section if GST
is payable in respect of the matter and anything done with respect
to the addition of GST that would have been validly done had that
section been in force when it was done is validated.
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Schedule 2 Amendment of Crown Lands (Continued Tenures) Act 1989
Schedule 2 Amendment of Crown Lands (Continued
Tenures) Act 1989
(Section 4)
[1] Section 3 Definitions
Omit the definition of Department from section 3 (1). Insert instead:
Department means the Department of Lands.
[2] Section 4A Application of Part
Insert after section 4A (1):
(1A) Section 4C also applies in respect of a permissive occupancy,
other than a permissive occupancy situated in the Western
Division.
[3] Section 4A (2)
Insert "The regulations may also apply the provisions of section 4C, with or
without modification, in respect of permissive occupancies situated in the
Western Division." after "the Western Division."
[4] Section 4A (3)
Insert "or permissive occupancy" after "lease".
[5] Section 4B Definitions
Omit the note at the end of the section.
[6] Section 4C Adjustment of annual rent in line with Consumer Price
Index--rent subject to redetermination
Omit section 4C (1). Insert instead:
(1) The annual rent of a lease (except a lease the rent of which is not
subject to redetermination) or permissive occupancy at a due date
that is the effective date of a redetermination of the rent of the
lease or permissive occupancy, or that is the next due date after a
mid-term redetermination of the rent of the lease or permissive
occupancy, is:
(a) the rent as so redetermined, or
(b) if the minimum rent at that due date exceeds the rent as so
redetermined, the minimum rent.
[7] Section 4C (2) and (5)
Insert "or permissive occupancy" after "lease" wherever occurring.
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Crown Lands Legislation Amendment Bill 2005
Amendment of Crown Lands (Continued Tenures) Act 1989 Schedule 2
[8] Schedule 5 Rent etc
Insert after clause 12 (1):
(1A) Despite subclause (1), if the Independent Pricing and Regulatory
Tribunal makes a recommendation in relation to the rent of a
lease (or any class of lease), the Minister may, in redetermining
the rent of any lease that is the subject of the recommendation,
apply the recommendation.
(1B) If the recommendation of the Independent Pricing and
Regulatory Tribunal is applied by the Minister in redetermining
the rent concerned, the local land board and the Land and
Environment Court are, despite subclause (1), to apply the
recommendation in determining any appeal against the
Minister's decision.
[9] Schedule 7 Purchase of land held under lease
Insert after clause 5 (4) of Part 1:
(4A) Despite subclause (4), if the Minister, in connection with the
grant of an application to purchase land, imposes a restriction on
use or public positive covenant in accordance with Part 4A of the
Principal Act, the land remains vested in the Crown, or otherwise
held on behalf of the Crown, until such time as the restriction on
use or public positive covenant has been recorded on the relevant
folio of the Register.
[10] Schedule 7, Part 2, clause 3 (4A)
Insert after clause 3 (4):
(4A) Despite subclause (4), if the Minister, in connection with the
grant of an application to purchase land, imposes a restriction on
use or public positive covenant in accordance with Part 4A of the
Principal Act, the land remains vested in the Crown, or otherwise
held on behalf of the Crown, until such time as the restriction on
use or public positive covenant has been recorded on the relevant
folio of the Register.
[11] Schedule 7A Purchase of perpetual leases--special arrangements
Omit Part 4.
[12] Schedule 7A, clause 9 Consultation and concurrence requirements in
relation to certain leases
Insert "in accordance with Part 4A of the Principal Act" after "covenants" in
clause 9 (1) (b).
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Crown Lands Legislation Amendment Bill 2005
Schedule 2 Amendment of Crown Lands (Continued Tenures) Act 1989
[13] Schedule 7A, clause 9 (2)
Omit the subclause. Insert instead:
(2) If, in relation to the purchase of land comprised in a lease to
which this Schedule applies, a covenant preventing or restricting
subdivision is imposed by the Minister in accordance with
section 77B of the Principal Act, the Minister is required to
obtain the concurrence of each relevant Minister before:
(a) consenting to the subdivision of the land, or
(b) releasing, varying, rescinding or revoking any such
covenant, or
(c) granting concurrence under section 28 (4) of the
Environmental Planning and Assessment Act 1979 in
relation to a provision of an environmental planning
instrument that affects the operation of any such covenant.
[14] Schedule 7A, clause 10
Insert after clause 9:
10 Concurrence requirements in relation to national parks,
wilderness areas and other prescribed land
(1) This clause applies to any lease to which this Schedule applies
that:
(a) adjoins or abuts, or is within 100 metres of, land reserved
or dedicated under the National Parks and Wildlife Act
1974, or
(b) is within, or comprises or contains, or is part of, or adjoins
or abuts, or is within 100 metres of:
(i) a wilderness area within the meaning of the
Wilderness Act 1987, or
(ii) land that is for the time being identified as
wilderness under that Act, or
(c) comprises or contains land prescribed by the regulations.
(2) In relation to land comprised in a lease to which this clause
applies, the Minister is required to obtain the concurrence of each
relevant Minister (as referred to in clause 9) before:
(a) releasing, varying, rescinding or revoking a covenant that
has been imposed on the land, or
(b) approving any act, matter or thing that would, but for the
approval, contravene any such covenant, or
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Crown Lands Legislation Amendment Bill 2005
Amendment of Crown Lands (Continued Tenures) Act 1989 Schedule 2
(c) granting concurrence under section 28 (4) of the
Environmental Planning and Assessment Act 1979 in
relation to a provision of an environmental planning
instrument that affects the operation of a covenant that has
been imposed on the land.
(3) In this clause:
covenant means a restriction on use or public positive covenant
imposed in accordance with Part 4A of the Principal Act.
[15] Schedule 8 Savings and transitional provisions
Insert at the end of clause 1 (1):
Crown Lands Legislation Amendment Act 2005
[16] Schedule 8, Part 4, clause 9
Omit the clause. Insert instead:
9 Application of changes to purchase and instalment provisions
(1) Schedule 7A, as inserted by the amending Act, extends to an
application to purchase that was made, but not approved by the
Minister, before 1 July 2004.
(2) Part 1B of this Act, as inserted by the amending Act, extends to
an incomplete purchase that had effect immediately before 1 July
2004.
(3) This clause, as substituted by the Crown Lands Legislation
Amendment Act 2005, is taken to have commenced on 1 July
2004.
[17] Schedule 8, clause 13
Omit the clause.
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Crown Lands Legislation Amendment Bill 2005
Schedule 2 Amendment of Crown Lands (Continued Tenures) Act 1989
[18] Schedule 8, Part 5
Insert after Part 4:
Part 5 Provisions consequent on enactment of
Crown Lands Legislation Amendment Act
2005
14 Definition
In this Part:
amending Act means the Crown Lands Legislation Amendment
Act 2005.
15 Determination or redetermination of rents
The amendments made to clause 12 of Schedule 5 by the
amending Act apply in relation to determinations or
redeterminations of rent by the Minister whether before or after
the commencement of those amendments.
16 Applications to purchase land held under lease
The amendments made to Schedules 7 and 7A by the amending
Act extend to applications to purchase land that were made, but
not approved by the Minister, before the commencement of those
amendments.
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Crown Lands Legislation Amendment Bill 2005
Amendment of other legislation Schedule 3
Schedule 3 Amendment of other legislation
(Section 5)
3.1 Crown Lands Regulation 2000
Clause 44 Rebates of rent
Insert after clause 44 (b):
(c) an owner or occupier of residential property that is
accessible only by water and whose holding contains a
structure that is used for the purposes of obtaining access
to the property and is not used for any commercial
purpose,
(d) a local council whose holding is used to provide facilities,
without charge, for the benefit of the general community.
3.2 Hay Irrigation Act 1902 No 57
Section 19D
Insert after section 19C:
19D Application of Part 4A of the Crown Lands Act 1989
(1) Part 4A of the Crown Lands Act 1989 applies to and in respect of
the sale of land by the Ministerial Corporation under section 19A
of this Act in the same way as that Part applies to the sale of
Crown land by the Minister administering the Crown Lands Act
1989 under Part 4 of that Act.
(2) Accordingly, a reference in Part 4A of the Crown Lands Act
1989:
(a) to Crown land is taken to include a reference to land within
the Area, and
(b) to the Minister is, in relation to land within the Area, taken
to include a reference to the Ministerial Corporation.
3.3 Local Government Act 1993 No 30
[1] Section 48 Responsibility for certain public reserves
Omit "A council" from section 48 (1).
Insert instead "Except as provided by section 98A of the Crown Lands Act
1989, a council".
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Crown Lands Legislation Amendment Bill 2005
Schedule 3 Amendment of other legislation
[2] Section 54B
Insert after section 54A:
54B Transfer of private trust land under Trustees of Schools of Arts
Enabling Act 1902
(1) In this section:
assets means any legal or equitable estate or interest (whether
present or future and whether vested or contingent) in real or
personal property of any description (including money), and
includes securities, choses in action and documents.
institution has the same meaning as in the Trustees of Schools of
Arts Enabling Act 1902.
liabilities means any liabilities, debts or obligations (whether
present or future and whether vested or contingent).
private trust land means any land reserved, dedicated or granted
under any Act or instrument, or otherwise held, for the purposes
of an institution, but does not include any such land if it is Crown
land (or land otherwise vested in the Crown) or was Crown land
(or land otherwise vested in the Crown) before being reserved,
dedicated, granted or held for the purposes of an institution.
rights means any rights, powers, privileges or immunities
(whether present or future and whether vested or contingent).
trustees of private trust land means the majority of the trustees for
the time being of that land.
(2) A council and the trustees of private trust land may enter into an
agreement for the land to be transferred to the council.
(3) Any such agreement may contain provisions relating to the
purposes for which the land is to be used after it is transferred.
(4) The trustees may enter into any such agreement to transfer
private trust land, and the agreement has effect, despite the terms
and provisions of any Act, deed, reservation, dedication, grant or
other instrument relating to the land.
(5) Land that is transferred to a council under such an agreement is:
(a) freed and discharged from any trusts, estates, interests,
reservations dedications, conditions, restrictions and
provisions affecting the land, and
(b) to be used and managed by the council as community land.
(6) Subsection (5) (a) is subject to any agreement entered into by the
council under this section for the transfer of the land.
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Crown Lands Legislation Amendment Bill 2005
Amendment of other legislation Schedule 3
(7) In preparing a draft plan of management in relation to any land
transferred to it under this section, the council must, in addition
to the other requirements under Division 2:
(a) advise the Minister that it is preparing the draft plan, and
(b) take into account the purposes for which the land was
reserved, dedicated, granted or held as an institution, and
(c) comply as far as practicable with the agreement entered
into between the trustees of the private trust land
concerned and the council, and
(d) before giving public notice of the draft plan in accordance
with section 38, consult with such persons or bodies as the
council considers appropriate or as the Minister directs.
(8) On the transfer of any private trust land to a council under this
section, the following provisions have effect:
(a) any assets, rights or liabilities in relation to the land, or in
relation to the trustees of the land in their capacity as
trustees, become the assets, rights or liabilities of the
council,
(b) all proceedings relating to those assets, rights and
liabilities that were commenced by or against the trustees
before the transfer are taken to be proceedings pending by
or against the council,
(c) any act, matter or thing done or omitted to be done in
relation to those assets, rights and liabilities by, to or in
respect of the trustees before the transfer is (to the extent
to which that act, matter or thing has any force or effect)
taken to have been done or omitted to be done by, to or in
respect of the council.
3.4 National Parks and Wildlife Act 1974 No 80
[1] Section 5 Definitions
Omit "Division 7" from the definition of conservation agreement in section
5 (1).
Insert instead "Division 12".
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Crown Lands Legislation Amendment Bill 2005
Schedule 3 Amendment of other legislation
[2] Section 69KA
Insert after section 69K:
69KA Application of Environmental Planning and Assessment Act 1979
(1) For the purposes of section 28 of the Environmental Planning
and Assessment Act 1979:
(a) a conservation agreement is taken to be a regulatory
instrument, and
(b) the Minister is responsible for the administration of such a
regulatory instrument.
Note. Section 28 of the Environmental Planning and Assessment Act
1979 allows an environmental planning instrument to suspend the
operation of a regulatory instrument for the purpose of enabling
development to be carried out. Such a suspension cannot be given effect
to without the concurrence in writing of the Minister responsible for the
administration of the regulatory instrument.
(2) In relation to any particular conservation agreement, a provision
of an environmental planning instrument made under section 28
of the Environmental Planning and Assessment Act 1979 and in
force:
(a) immediately before the commencement of this section, or
(b) immediately before the conservation agreement takes
effect,
does not affect the operation of the conservation agreement
unless the provision is subsequently amended to expressly affect
the operation of the conservation agreement.
3.5 Nature Conservation Trust Act 2001 No 10
Section 38A
Insert after section 38:
38A Application of Environmental Planning and Assessment Act 1979
(1) For the purposes of section 28 of the Environmental Planning
and Assessment Act 1979:
(a) a Trust agreement is taken to be a regulatory instrument,
and
(b) the Minister is responsible for the administration of such a
regulatory instrument.
Note. Section 28 of the Environmental Planning and Assessment Act
1979 allows an environmental planning instrument to suspend the
operation of a regulatory instrument for the purpose of enabling
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Crown Lands Legislation Amendment Bill 2005
Amendment of other legislation Schedule 3
development to be carried out. Such a suspension cannot be given effect
to without the concurrence in writing of the Minister responsible for the
administration of the regulatory instrument.
(2) In relation to any particular Trust agreement, a provision of an
environmental planning instrument made under section 28 of the
Environmental Planning and Assessment Act 1979 and in force:
(a) immediately before the commencement of this section, or
(b) immediately before the Trust agreement takes effect,
does not affect the operation of the Trust agreement unless the
provision is subsequently amended to expressly affect the
operation of the Trust agreement.
3.6 Public Reserves Management Fund Act 1987 No 179
Section 5 Payments into Public Reserves Management Fund
Insert after section 5 (e):
(e1) any money directed by the Minister to be paid into the
Fund pursuant to a direction under section 34A (5) of the
Crown Lands Act 1989,
3.7 Real Property Act 1900 No 25
Section 13K Conversions, purchases, extensions of term, subdivisions
etc
Insert after section 13K (2):
(2A) If, in connection with the sale of Crown land under Part 4 of the
Crown Lands Act 1989 or the grant of an application to purchase
land that is the subject of a holding within the meaning of the
Crown Lands (Continued Tenures) Act 1989, the Minister
administering the Crown Lands Act 1989 imposes a restriction on
use or public positive covenant under Part 4A of that Act, the
Registrar-General is to record the restriction on use or covenant
in the relevant folio of the Register before taking any action to
give effect to the sale or purchase.
3.8 Western Lands Act 1901 No 70
[1] Schedule 2 Applicable provisions of the Crown Lands Act 1989
Insert ", and section 34A except in relation to land that is the subject of a lease
granted under the Western Lands Act 1901 or the Wentworth Irrigation Act
1890" after "easements" in the matter relating to Part 4.
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Crown Lands Legislation Amendment Bill 2005
Schedule 3 Amendment of other legislation
[2] Schedule 2
Insert after the matter relating to Part 4:
Part 4A Restrictions and covenants imposed on
land
The whole Part is to apply except in relation to land that is the
subject of a lease granted under the Western Lands Act 1901 or
the Wentworth Irrigation Act 1890.
[3] Schedule 2
Insert after the matter relating to Division 1 of Part 7:
Division 1A (transfer or vesting of certain land to or in Crown)--
the whole Division.
[4] Schedule 2
Insert after the matter relating to Division 3 of Part 7:
Division 3A (redetermination and adjustment of rents for
licences and enclosure permits)--the whole Division, but only in
respect of licences and enclosure permits granted under the
Crown Lands Act 1989 and only to the extent (if any) that the
regulations under that Division apply that Division in respect of
those licences and enclosure permits.
[5] Schedule 2
Insert after the matter relating to Division 5 of Part 7:
Division 5A (powers to enter and inspect land and to obtain
information)--the whole Division except in relation to land that
is the subject of a lease granted under the Western Lands Act 1901
or the Wentworth Irrigation Act 1890.
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Crown Lands Legislation Amendment Bill 2005
Amendment of other legislation Schedule 3
[6] Schedule 2
Omit "sections 184186" from the matter relating to Division 7 of Part 7.
Insert instead "sections 184, 185 and 186".
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