New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Western and Crown Lands Amendment
(Special Purpose Leases) Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Western Lands Act 1901 No 70 2
4 Amendment of Crown Lands Act 1989 No 6 2
5 Amendment of Forestry Act 1916 No 55 2
6 Repeal of Act 2
Schedule 1 Amendment of Western Lands Act 1901 3
Schedule 2 Amendment of Crown Lands Act 1989 8
b2008-046-18.d14
New South Wales
Western and Crown Lands Amendment
(Special Purpose Leases) Bill 2008
No , 2008
A Bill for
An Act to amend the Western Lands Act 1901 and the Crown Lands Act 1989 with
respect to the establishment of development districts and the granting of special
purpose leases in the Western Division; and for other purposes.
Clause 1 Western and Crown Lands Amendment (Special Purpose Leases) Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Western and Crown Lands Amendment (Special Purpose 3
Leases) Act 2008. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Amendment of Western Lands Act 1901 No 70 7
The Western Lands Act 1901 is amended as set out in Schedule 1. 8
4 Amendment of Crown Lands Act 1989 No 6 9
The Crown Lands Act 1989 is amended as set out in Schedule 2. 10
5 Amendment of Forestry Act 1916 No 55 11
The Forestry Act 1916 is amended by inserting after the words "Second 12
Schedule" in paragraph (a) of the definition of landholder in section 30 13
the words "(not being a special purpose lease within the meaning of 14
Division 3A of Part 4 of the Crown Lands Act 1989 or Part 9E of the 15
Western Lands Act 1901)". 16
6 Repeal of Act 17
(1) This Act is repealed on the day following the day on which this Act 18
commences. 19
(2) The repeal of this Act does not, because of the operation of section 30 20
of the Interpretation Act 1987, affect any amendment made by this Act. 21
Page 2
Western and Crown Lands Amendment (Special Purpose Leases) Bill 2008
Amendment of Western Lands Act 1901 Schedule 1
Schedule 1 Amendment of Western Lands Act 1901 1
(Section 3) 2
[1] Section 2A Application of Crown Lands Act 1989 3
Insert after section 2A (4): 4
(5) This section is subject to section 35XC (6). 5
Note. That subsection provides that a lease granted under section 35XC 6
(a special purpose lease) is subject to the provisions of the Crown 7
Lands Act 1989 and is not subject to any provision of this Act (other than 8
Part 9E). 9
[2] Section 3 Definitions 10
Omit the definition of Crown lands from section 3 (1). Insert instead: 11
Crown land has the same meaning as in the Crown Lands Act 12
1989. 13
[3] Section 3 (3) 14
Insert after section 3 (2): 15
(3) Notes included in this Act do not form part of this Act. 16
[4] Part 9E 17
Insert after Part 9D: 18
Part 9E Development districts and special purpose 19
leases 20
35XA Definitions 21
In this Part: 22
designated purpose, in relation to a development district, means 23
a purpose designated for the district under section 35XB as a 24
purpose for which a special purpose lease may be granted over 25
land in that district. 26
development has the same meaning as in the Environmental 27
Planning and Assessment Act 1979. 28
development district means land the subject of a declaration 29
under section 35XB. 30
general purpose lease means any lease, other than a special 31
purpose lease, to which the provisions of this Act apply. 32
Page 3
Western and Crown Lands Amendment (Special Purpose Leases) Bill 2008
Schedule 1 Amendment of Western Lands Act 1901
significant improvement means any substantial building, dam, 1
reservoir, contour bank, graded bank, levee, water disposal area, 2
tree plantation, soil conservation work or other valuable work or 3
structure. 4
special purpose lease means a lease granted under section 35XC. 5
35XB Development districts 6
(1) The Minister may, by notification in the Gazette, declare any land 7
to be a development district for the purposes of this Part. 8
(2) Such a declaration must designate the purposes for which a 9
special purpose lease may be granted over land in the 10
development district established by the declaration. 11
(3) A purpose may not be designated under subsection (2) unless it is 12
an approved purpose. 13
(4) The following purposes are approved for the purposes of 14
subsection (3): 15
(a) the construction and operation of facilities for the 16
harnessing of energy from any source (including the sun or 17
wind) and its conversion into electrical energy, 18
(b) such other purposes as may be approved by a proclamation 19
under section 44B (4) (b) of the Crown Lands Act 1989. 20
(5) The Minister may, by notification in the Gazette, alter the 21
boundaries of, or abolish, any development district or, subject to 22
subsections (3) and (4), vary the designated purposes for the 23
district. 24
(6) A special purpose lease is not affected merely because the whole 25
or any part of the land over which it is granted ceases to be in a 26
development district as a result of a notification referred to in 27
subsection (5). 28
35XC Minister may grant special purpose leases 29
(1) The Minister may, in accordance with section 34 or 34A of the 30
Crown Lands Act 1989, lease any Crown land within a 31
development district for the purpose of enabling development for 32
a designated purpose to be carried out on that land. 33
(2) Despite subsection (1), a lease may not be granted under this 34
section in respect of any land the subject of: 35
(a) a mining lease under the Mining Act 1992, or 36
Page 4
Western and Crown Lands Amendment (Special Purpose Leases) Bill 2008
Amendment of Western Lands Act 1901 Schedule 1
(b) a production lease under the Petroleum (Onshore) Act 1
1991, 2
except with the consent of the Minister administering the Act 3
concerned. 4
(3) The maximum term for which a lease may be granted under this 5
section (including the period of any option to renew) is 100 years. 6
(4) Crown land that is the subject of a general purpose lease may be 7
leased under this section, but only with the written consent of the 8
lessee under the general purpose lease. 9
(5) A written consent given for the purposes of subsection (4) by the 10
lessee under a general purpose lease is irrevocable and binds each 11
successor in title to the land the subject of that lease. 12
(6) A lease granted under this section is subject to the provisions of 13
the Crown Lands Act 1989 and is not subject to any provision of 14
this Act (other than this Part). 15
35XD Provisions applicable to general purpose lease over land subject 16
to special purpose lease 17
(1) The following provisions apply to a general purpose lease over 18
land the subject of a special purpose lease, regardless of the order 19
in which those leases were granted: 20
(a) the general purpose lease is (or remains) a lease even 21
though it does not confer (or no longer confers) exclusive 22
possession on the lessee under that lease, 23
(b) the general purpose lease is taken to include a condition 24
prohibiting the lessee under that lease from doing anything 25
that has the effect of restricting or impeding the lessee 26
under the special purpose lease from exercising the rights 27
conferred by that lease, 28
(c) the general purpose lease is taken to include a further 29
condition: 30
(i) prohibiting the lessee under that lease from carrying 31
out development for the purposes of any 32
dwelling-house, garden or significant improvement 33
on any land to which both leases apply except with 34
the written consent of the lessee under the special 35
purpose lease, and 36
(ii) prohibiting the lessee under the special purpose 37
lease from unreasonably withholding any such 38
consent. 39
Page 5
Western and Crown Lands Amendment (Special Purpose Leases) Bill 2008
Schedule 1 Amendment of Western Lands Act 1901
(2) Any sublease of a general purpose lease is taken to include the 1
conditions that, pursuant to this section, are taken to be included 2
in the general purpose lease. 3
35XE Provisions applicable to special purpose lease over land subject 4
to general purpose lease 5
(1) The following provisions apply to a special purpose lease over 6
land the subject of a general purpose lease, regardless of the order 7
in which those leases were granted: 8
(a) the special purpose lease is (or remains) a lease even 9
though it does not confer (or no longer confers) exclusive 10
possession on the lessee under that lease, 11
(b) the special purpose lease is taken to include a condition 12
prohibiting the lessee under that lease from exercising any 13
of the rights conferred by that lease over any part of the 14
land held under the general purpose lease: 15
(i) on which, or within 200 metres of which, is situated 16
any dwelling-house, or 17
(ii) on which, or within 50 metres of which, is situated 18
any garden, or 19
(iii) on which is situated any significant improvement, 20
except with the written consent of the lessee under the 21
general purpose lease. 22
(2) A written consent given for the purposes of subsection (1) (b) by 23
the lessee under a general purpose lease is irrevocable and binds 24
each successor in title to the land the subject of that lease. 25
(3) The provisions of subsection (1) (b) (i) and (ii) do not prevent the 26
lessee under the special purpose lease from travelling along any 27
road or track that is within 200 metres or 50 metres, respectively, 28
of a dwelling-house or garden referred to in those subparagraphs. 29
(4) A special purpose lease over land the subject of a general purpose 30
lease may include conditions agreed to between each of the 31
lessees under those leases. 32
(5) Any sublease of a special purpose lease is taken to include the 33
conditions that, pursuant to this section, are included, or taken to 34
be included, in the special purpose lease. 35
(6) Any condition of the kind referred to in subsection (4): 36
(a) that is included in a special purpose lease over land the 37
subject of a general purpose lease, or 38
Page 6
Western and Crown Lands Amendment (Special Purpose Leases) Bill 2008
Amendment of Western Lands Act 1901 Schedule 1
(b) that, pursuant to subsection (5), is taken to be included in 1
a sublease of a special purpose lease over land the subject 2
of a general purpose lease, 3
is enforceable, as between the lessees and sublessees for the time 4
being under those leases, as if it were contained in a deed entered 5
into between them. 6
[5] Schedule 2 Applicable provisions of the Crown Lands Act 1989 7
Insert at the end of the matter relating to Division 1 of Part 4: 8
The references in sections 34 (7) and 34A (9) to a special purpose 9
lease are taken to extend to a special purpose lease within the 10
meaning of Part 9E of the Western Lands Act 1901. 11
Page 7
Western and Crown Lands Amendment (Special Purpose Leases) Bill 2008
Schedule 2 Amendment of Crown Lands Act 1989
Schedule 2 Amendment of Crown Lands Act 1989 1
(Section 4) 2
[1] Section 3 Definitions 3
Insert in alphabetical order in section 3 (1): 4
land district means a land district referred to in section 8 (1), or 5
established under section 8 (1A) or (2), and includes land within 6
the Western Division that is: 7
(a) a development district within the meaning of Division 3A 8
of Part 4 of this Act, and 9
(b) a development district within the meaning of Part 9E of the 10
Western Lands Act 1901. 11
[2] Section 34 Powers of Minister in relation to Crown land 12
Insert after section 34 (6): 13
(7) Crown land the subject of a special purpose lease within the 14
meaning of Division 3A may be leased under this section, but 15
only if the granting of a lease under this section is authorised by, 16
and complies with, the terms of the special purpose lease. 17
[3] Section 34A Special provisions relating to Minister's powers over Crown 18
reserves 19
Omit "Division 3" from section 34A (6) (a). 20
Insert instead "Divisions 3 and 3A". 21
[4] Section 34A (9) 22
Insert after section 34A (8): 23
(9) A Crown reserve the subject of a special purpose lease within the 24
meaning of Division 3A may be leased under this section, but 25
only if the granting of a lease under this section is authorised by, 26
and complies with, the terms of the special purpose lease. 27
[5] Part 4, Division 3A 28
Insert after Division 3 of Part 4: 29
Division 3A Development districts in the Western 30
Division and special purpose leases 31
44A Definitions 32
In this Division: 33
Page 8
Western and Crown Lands Amendment (Special Purpose Leases) Bill 2008
Amendment of Crown Lands Act 1989 Schedule 2
designated purpose, in relation to a development district, means 1
a purpose designated for the district under section 44B as a 2
purpose for which a special purpose lease may be granted over 3
land in that district. 4
development has the same meaning as in the Environmental 5
Planning and Assessment Act 1979. 6
development district means land the subject of a declaration 7
under section 44B. 8
general purpose lease means any lease, other than a special 9
purpose lease, granted under this Act or under the Crown Lands 10
(Continued Tenures) Act 1989, and includes an incomplete 11
purchase under the Crown Lands (Continued Tenures) Act 1989. 12
significant improvement means any substantial building, dam, 13
reservoir, contour bank, graded bank, levee, water disposal area, 14
tree plantation, soil conservation work or other valuable work or 15
structure. 16
special purpose lease means a lease granted under section 44C. 17
44B Development districts 18
(1) The Minister may, by notification in the Gazette, declare any land 19
within the Western Division to be a development district for the 20
purposes of this Division. 21
(2) Such a declaration must designate the purposes for which a 22
special purpose lease may be granted over land in the 23
development district established by the declaration. 24
(3) A purpose may not be designated under subsection (2) unless it is 25
an approved purpose. 26
(4) The following purposes are approved for the purposes of 27
subsection (3): 28
(a) the construction and operation of facilities for the 29
harnessing of energy from any source (including the sun or 30
wind) and its conversion into electrical energy, 31
(b) such other purposes as may be approved by proclamation 32
on the recommendation of the Minister. 33
(5) A recommendation for such a proclamation may not be made 34
unless the Minister has consulted with the Minister administering 35
the Environmental Planning and Assessment Act 1979 as to the 36
terms of the recommendation, but a proclamation is not invalid 37
merely because this requirement is not complied with. 38
Page 9
Western and Crown Lands Amendment (Special Purpose Leases) Bill 2008
Schedule 2 Amendment of Crown Lands Act 1989
(6) The Minister may, by notification in the Gazette, alter the 1
boundaries of, or abolish, any development district or, subject to 2
subsections (3) and (4), vary the designated purposes for the 3
district. 4
(7) A special purpose lease is not affected merely because the whole 5
or any part of the land over which it is granted ceases to be in a 6
development district as a result of a notification referred to in 7
subsection (6). 8
44C Minister may grant special purpose leases 9
(1) The Minister may, in accordance with section 34 or 34A, lease 10
any Crown land within a development district for the purpose of 11
enabling development for a designated purpose to be carried out 12
on that land. 13
(2) Despite subsection (1), a lease may not be granted under this 14
section in respect of any land the subject of: 15
(a) a mining lease under the Mining Act 1992, or 16
(b) a production lease under the Petroleum (Onshore) Act 17
1991, 18
except with the consent of the Minister administering the Act 19
concerned. 20
(3) The maximum term for which a lease may be granted under this 21
section (including the period of any option to renew) is 100 years. 22
(4) Crown land that is the subject of a general purpose lease may be 23
leased under this section, but only with the written consent of the 24
lessee under the general purpose lease. 25
(5) A written consent given for the purposes of subsection (4) by the 26
lessee under a general purpose lease is irrevocable and binds each 27
successor in title to the land the subject of that lease. 28
44D Provisions applicable to general purpose lease over land subject 29
to special purpose lease 30
(1) The following provisions apply to a general purpose lease over 31
land the subject of a special purpose lease, regardless of the order 32
in which those leases were granted: 33
(a) the general purpose lease (not being an incomplete 34
purchase under the Crown Lands (Continued Tenures) Act 35
1989) is (or remains) a lease even though it does not confer 36
(or no longer confers) exclusive possession on the lessee 37
under that lease, 38
Page 10
Western and Crown Lands Amendment (Special Purpose Leases) Bill 2008
Amendment of Crown Lands Act 1989 Schedule 2
(b) the general purpose lease is taken to include a condition 1
prohibiting the lessee under that lease from doing anything 2
that has the effect of restricting or impeding the lessee 3
under the special purpose lease from exercising the rights 4
conferred by that lease, 5
(c) the general purpose lease is taken to include a further 6
condition: 7
(i) prohibiting the lessee under that lease from carrying 8
out development for the purposes of any 9
dwelling-house, garden or significant improvement 10
on any land to which both leases apply except with 11
the written consent of the lessee under the special 12
purpose lease, and 13
(ii) prohibiting the lessee under the special purpose 14
lease from unreasonably withholding any such 15
consent. 16
(2) Any sublease of a general purpose lease is taken to include the 17
conditions that, pursuant to this section, are taken to be included 18
in the general purpose lease. 19
44E Provisions applicable to special purpose lease over land subject 20
to general purpose lease 21
(1) The following provisions apply to a special purpose lease over 22
land the subject of a general purpose lease, regardless of the order 23
in which those leases were granted: 24
(a) the special purpose lease is (or remains) a lease even 25
though it does not confer (or no longer confers) exclusive 26
possession on the lessee under that lease, 27
(b) the special purpose lease is taken to include a condition 28
prohibiting the lessee under that lease from exercising any 29
of the rights conferred by that lease over any part of the 30
land held under the general purpose lease: 31
(i) on which, or within 200 metres of which, is situated 32
any dwelling-house, or 33
(ii) on which, or within 50 metres of which, is situated 34
any garden, or 35
(iii) on which is situated any significant improvement, 36
except with the written consent of the lessee under the 37
general purpose lease. 38
(2) A written consent given for the purposes of subsection (1) (b) by 39
the lessee under a general purpose lease is irrevocable and binds 40
each successor in title to the land the subject of that lease. 41
Page 11
Western and Crown Lands Amendment (Special Purpose Leases) Bill 2008
Schedule 2 Amendment of Crown Lands Act 1989
(3) The provisions of subsection (1) (b) (i) and (ii) do not prevent the 1
lessee under the special purpose lease from travelling along any 2
road or track that is within 200 metres or 50 metres, respectively, 3
of a dwelling-house or garden referred to in those subparagraphs. 4
(4) A special purpose lease over land the subject of a general purpose 5
lease may include conditions agreed to between each of the 6
lessees under those leases. 7
(5) Any sublease of a special purpose lease is taken to include the 8
conditions that, pursuant to this section, are included, or taken to 9
be included, in the special purpose lease. 10
(6) Any condition of the kind referred to in subsection (4): 11
(a) that is included in a special purpose lease over land the 12
subject of a general purpose lease, or 13
(b) that, pursuant to subsection (5), is taken to be included in 14
a sublease of a special purpose lease over land the subject 15
of a general purpose lease, 16
is enforceable, as between the lessees and sublessees for the time 17
being under those leases, as if it were contained in a deed entered 18
into between them. 19
Page 12
[Index] [Search] [Download] [Related Items] [Help]