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 Lands Amendment Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Western Lands Act 1901 No 70 2
Schedules
1 Amendments with respect to public roads and rights of way 3
2 Amendments with respect to rent 7
3 Amendments with respect to Western Lands Advisory
Council 15
4 Miscellaneous amendments 22
5 Amendments by way of statute law revision 33
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, , 2002
New South Wales
Western Lands Amendment Bill 2002
Act No , 2002
An Act to amend the Western Lands Act 1901 with respect to the recognition of
public and other roads, the assessment of annual rents and the constitution and
functions of a Western Lands Advisory Council; 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 Western Lands Amendment Bill 2002
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Western Lands Amendment Act 2002.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Western Lands Act 1901 No 70
The Western Lands Act 1901 is amended as set out in Schedules 15.
Page 2
Western Lands Amendment Bill 2002
Amendments with respect to public roads and rights of way Schedule 1
Schedule 1 Amendments with respect to public roads
and rights of way
(Section 3)
[1] Part 9C
Insert after Part 9B:
Part 9C Public roads and rights of way
Division 1 Public roads
35Q Minister may dedicate public roads
(1) The Minister may, by notice published in the Gazette, withdraw
from lease, for the purpose of its being dedicated as a public
road, any land that, in the Minister's opinion, is being used by
the public as a road.
(2) Having withdrawn land from lease by means of a notice
referred to in subsection (1), the Minister may, pursuant to
section 12 of the Roads Act 1993, dedicate that land as a public
road.
(3) No compensation is payable to any person with respect to any
loss or damage arising from the operation of this section.
(4) This section applies to land comprised in a lease granted or
issued before the commencement of this section, but does not
apply to a lease granted or issued after that commencement.
Division 2 Rights of way
35R Definitions
In this Division:
beneficiary, in relation to a special easement, means:
(a) any lessee of land benefited by the easement, or
Page 3
Western Lands Amendment Bill 2002
Schedule 1 Amendments with respect to public roads and rights of way
(b) any other person or body in whose favour the easement
has been created as referred to in section 88A of the
Conveyancing Act 1919.
special easement means an easement created under
section 35S.
35S Minister may create easements for right of way
(1) The Minister may, by instrument lodged with the
Registrar-General (a Minister's request), request the
Registrar-General to create the following easements over land
within the Western Division that, in the Minister's opinion, is
being used as a road or track:
(a) an easement in the nature of a right of way,
(b) such other easements as are appropriate to the
construction and maintenance of a right of way.
(2) Such a request:
(a) may not be made with respect to freehold land, and
(b) may only be made with respect to land held under a
lease on the application of the lessee or lessees of that
land.
(3) A Minister's request is to be made by reference to a plan that
is registered or recorded under Division 3 of Part 23 of the
Conveyancing Act 1919.
(4) On receiving a Minister's request, the Registrar-General may
make such recordings in the Register kept under the Real
Property Act 1900 as are appropriate to give effect to the
request.
(5) No duty is payable under the Duties Act 1997 in respect of a
Minister's request.
(6) Sections 88A and 181A of the Conveyancing Act 1919 apply
to a Minister's request.
Page 4
Western Lands Amendment Bill 2002
Amendments with respect to public roads and rights of way Schedule 1
(7) An easement referred to in section 88A of the Conveyancing
Act 1919 may be created not only in favour of a public
authority referred to in that section but also in favour of such
other persons or bodies as may be specified in that regard by
the plan referred to in subsection (3), in which case any
reference in that section to a public authority extends to any
person or body so specified.
(8) As soon as practicable after a special easement is created, the
Minister must cause notice of that fact to be given to:
(a) each beneficiary of the easement, and
(b) each lessee of land over which the easement is in force.
(9) Section 89 of the Conveyancing Act 1919 does not apply to a
special easement.
(10) Neither the creation of a special easement in respect of any land
held under a lease, nor a lessee's request for the creation of a
special easement in respect of any such land, is to be regarded:
(a) as a breach of any contractual provision prohibiting,
restricting or regulating the lessee's right to deal with
the land, or
(b) as giving rise to any remedy by a party to any legal
instrument, or as causing or permitting the termination
of any legal instrument, because of the creation of the
easement or the making of the request.
(11) This section applies to land held under a lease granted or issued
before the commencement of this section, but does not apply to
land held under a lease granted or issued after that
commencement.
35T Minister may extinguish special easements
(1) On the application of:
(a) each beneficiary of a special easement, and
(b) in the case of a special easement over land held under a
lease, each lessee of the land,
the Minister may, by instrument lodged with the
Registrar-General (a Minister's request), request the
Registrar-General to release the easement.
Page 5
Western Lands Amendment Bill 2002
Schedule 1 Amendments with respect to public roads and rights of way
(2) On receiving a Minister's request, the Registrar-General may
make such recordings in the Register kept under the Real
Property Act 1900 as are appropriate to give effect to the
request.
(3) No duty is payable under the Duties Act 1997 in respect of a
Minister's request.
(4) As soon as practicable after a special easement is released
under this section, the Minister must cause notice of that fact to
be given to:
(a) each former beneficiary of the easement, and
(b) each lessee of land over which the easement was
formerly in force.
35U Mediation of disputes as to easements
(1) If there is a dispute between two or more lessees of land over
a proposal to create or release a special easement, either of
them may apply to a local land board for mediation of the
dispute.
(2) Attendance at, and participation in, proceedings on the
application are voluntary.
(3) The local land board is to use its best endeavours to bring the
parties to the proceedings to a resolution of the dispute.
(4) Each party to the proceedings is to bear his or her own costs
with respect to the proceedings.
(5) Testimony given, and documents tendered, in the proceedings
are not admissible as evidence in any other proceedings before
any court or tribunal.
(6) A local land board, and parties to proceedings before a local
land board, have the same protections and immunities in
relation to proceedings brought before the local land board
under this section as a Local Court, and parties to proceedings
before a Local Court, have in relation to civil proceedings
brought before the Local Court.
[2] Schedule 1 (as renumbered by Schedule 5 [21])
Omit ", roads, or tracks," from paragraph (e).
Page 6
Western Lands Amendment Bill 2002
Amendments with respect to rent Schedule 2
Schedule 2 Amendments with respect to rent
(Section 3)
[1] Section 10C Minister may deal with matters by agreement
Insert after section 10C (7):
(8) This section does not apply to matters arising under Part 6.
[2] Part 6
Omit the Part. Insert instead:
Part 6 Rent payable under leases
Division 1 Preliminary
19 Definitions
In this Part:
financial year means the year commencing 1 July.
intensive agriculture includes irrigated farming, feedlot
farming, aquaculture, pisciculture and any other activity
declared by the regulations to be intensive agriculture.
rehabilitation means any activity that results in an
improvement in the condition and functioning of the natural
environment.
rural holding means the aggregate of all lands:
(a) that are held by the same person under one or more rural
leases, and
(b) that, in the opinion of the Commissioner, comprise a
single holding,
regardless of whether or not the lands are contiguous with each
other.
rural lease means any lease of a kind declared under
section 27D to be a rural lease for the purposes of this Part.
Page 7
Western Lands Amendment Bill 2002
Schedule 2 Amendments with respect to rent
scaling factor, for any financial year, means the scaling factor
determined by the regulations for that year or, if no such factor
is determined, the scaling factor determined by the regulations
for the previous financial year.
urban lease means any lease of a kind declared under
section 27D to be an urban lease for the purposes of this Part,
and includes any lease that is not declared under that section to
be either a rural lease or an urban lease.
Division 2 Rural holdings
20 Annual rent
(1) Annual rent is to be calculated for a rural holding as follows:
Annual rent = Base rent + Cultivation charge + Intensive
agriculture charge Rehabilitation rebate
(2) If the regulations prescribe a minimum annual rent that is
greater than the rent so calculated, the annual rent is to be the
minimum rent so prescribed.
21 Calculation of base rent
Base rent referred to in section 20 (1) is to be calculated for a
rural holding as follows:
Base rent = S × [(A1 × k1) + (A2 × k2) + (A3 × k3)
+ (A4 × k4) + (A5 × k5) + (A6 × k6) + (A7 × k7)]
where:
S represents the scaling factor for the financial year to which
the rent relates.
A1 represents 1,000 hectares or (for a rural holding of less than
1,000 hectares) the number of hectares in the holding, and k1
represents an amount of money per hectare prescribed by the
regulations for the first 1,000 hectares of a rural holding.
A2 represents 4,000 hectares or (for a rural holding of less than
5,000 hectares) the number of hectares in the holding in excess
of 1,000, and k2 represents an amount of money per hectare
prescribed by the regulations for the second to the fifth 1,000
hectares (inclusive) of a rural holding.
Page 8
Western Lands Amendment Bill 2002
Amendments with respect to rent Schedule 2
A3 represents 5,000 hectares or (for a rural holding of less than
10,000 hectares) the number of hectares in the holding in
excess of 5,000, and k3 represents an amount of money per
hectare prescribed by the regulations for the sixth to the tenth
1,000 hectares (inclusive) of a rural holding.
A4 represents 10,000 hectares or (for a rural holding of less than
20,000 hectares) the number of hectares in the holding in
excess of 10,000, and k4 represents an amount of money per
hectare prescribed by the regulations for the eleventh to the
twentieth 1,000 hectares (inclusive) of a rural holding.
A5 represents 10,000 hectares or (for a rural holding of less
than 30,000 hectares) the number of hectares in the holding in
excess of 20,000, and k5 represents an amount of money per
hectare prescribed by the regulations for the twenty-first to the
thirtieth 1,000 hectares (inclusive) of a rural holding.
A6 represents 20,000 hectares or (for a rural holding of less
than 50,000 hectares) the number of hectares in the holding in
excess of 30,000, and k6 represents an amount of money per
hectare prescribed by the regulations for the thirty-first to the
fiftieth 1,000 hectares (inclusive) of a rural holding.
A7 represents the number of hectares in a rural holding in
excess of 50,000, and k7 represents an amount of money per
hectare prescribed by the regulations for each hectare in the
holding after the fifty-thousandth.
22 Calculation of cultivation charge
The cultivation charge referred to in section 20 (1) is to be
calculated for a rural holding as follows:
Cultivation charge = S × [(TC × k8) + (PC × k9)]
where:
S represents the scaling factor for the financial year to which
the rent relates.
TC represents the number of hectares in the holding on which
cultivation is permitted under this Act for a limited period of
time pursuant to a consent under section 18DA, and k8
represents an amount of money per hectare prescribed by the
regulations for such land.
Page 9
Western Lands Amendment Bill 2002
Schedule 2 Amendments with respect to rent
PC represents the number of hectares in the holding on which
cultivation is permitted under this Act indefinitely:
(a) pursuant to a lease for the purpose of agriculture,
grazing and agriculture combined or mixed farming or
any similar purpose or purposes, or
(b) pursuant to a consent under section 18DA,
and k9 represents an amount of money per hectare prescribed
by the regulations for such land.
23 Calculation of intensive agriculture charge
The intensive agriculture charge referred to in section 20 (1) is
to be calculated for a rural holding as follows:
Intensive agriculture charge = S × (IA × k10)
where:
S represents the scaling factor for the financial year to which
the rent relates.
IA represents the number of hectares in the holding which are,
in the opinion of the Commissioner, being used for or in
connection with intensive agriculture, and k10 represents an
amount of money per hectare prescribed by the regulations for
such land.
24 Calculation of rehabilitation rebate
The rehabilitation rebate referred to in section 20 (1) is to be
calculated for a rural holding as follows:
Rehabilitation rebate = S × [(TR × k11) + (PR × k12)]
where:
S represents the scaling factor for the financial year to which
the rent relates.
TR represents the number of hectares in the holding on which,
in the opinion of the Commissioner, managed rehabilitation is
being carried out on a temporary basis (that is, for a period of
10 years or less), and k11 represents an amount of money per
hectare prescribed by the regulations for such land.
Page 10
Western Lands Amendment Bill 2002
Amendments with respect to rent Schedule 2
PR represents the number of hectares in the holding on which,
in the opinion of the Commissioner, managed rehabilitation is
being carried out on a permanent basis (that is, for a period of
more than 10 years), and k12 represents an amount of money
per hectare prescribed by the regulations for such land.
25 Assessment of annual rent
(1) As soon as practicable after 1 April in each year, the
Commissioner must cause an assessment to be made of the
annual rent payable for each rural holding for the financial year
commencing next 1 July.
(2) In making such an assessment, the Commissioner is to have
regard to the circumstances of each rural holding as at 1 April
in that year.
(3) The Commissioner must cause written notice of the assessment
for each rural holding to be served on the owner of the holding
as soon as practicable after the assessment is made.
(4) For the purposes of section 36C, the due date for payment of
the annual rent for a rural holding is 1 July of the financial year
for which the rent is payable.
26 Review of assessment by local land board
(1) If the owner of a rural holding is dissatisfied with any of the
following decisions of the Commissioner with respect to an
assessment of annual rent for specified land:
(a) a decision that the land is or is not a single holding,
(b) a decision that cultivation is or is not permitted under
this Act on the whole or any part of the land,
(c) a decision that the whole or any part of the land is or is
not being used for or in connection with intensive
agriculture,
(d) a decision that managed rehabilitation is or is not being
carried out on the whole or any part of the land,
the owner may apply to the local land board for a review of the
decision.
Page 11
Western Lands Amendment Bill 2002
Schedule 2 Amendments with respect to rent
(2) The making of an application for such a review does not stay
the owner's obligation to pay the annual rent to which the
application relates.
(3) Subject to section 27, the decision of the local land board has
effect as if it were the decision of the Commissioner.
27 Appeal to Land and Environment Court
(1) Either the owner of a rural holding or the Commissioner may
appeal to the Land and Environment Court against a decision
of the local land board under section 26.
(2) The making of an appeal does not stay the owner's obligation
to pay the annual rent to which the appeal relates.
27A Ministerial guidelines
(1) The Minister may, by order published in the Gazette, establish
guidelines with respect to the assessment of annual rents for
rural holdings.
(2) Before establishing any such guidelines, the Minister must
consult with the Western Lands Advisory Council.
(3) In determining for the purposes of this Part:
(a) whether land is or is not a single rural holding, or
(b) whether cultivation is or is not permitted under this Act
on the whole or any part of a rural holding, or
(c) whether the whole or any part of a rural holding is or is
not being used for or in connection with intensive
agriculture, or
(d) whether managed rehabilitation is or is not being carried
out on the whole or any part of a rural holding, or
(e) any other matter relevant to the assessment of annual
rent for a rural holding,
regard must be had to any guidelines in force under this section.
Page 12
Western Lands Amendment Bill 2002
Amendments with respect to rent Schedule 2
Division 3 Urban leases
27B Annual rent
(1) Annual rent is to be calculated for an urban lease as follows:
Annual rent = LV × p
where:
LV represents the land value (within the meaning of the
Valuation of Land Act 1916) of the land comprised in the urban
lease.
p represents a percentage prescribed by the regulations with
respect to the class of land to which the urban lease belongs.
(2) If the regulations prescribe a minimum annual rent that is
greater than the rent so calculated, the annual rent is the
minimum rent so prescribed.
(3) The regulations may prescribe different classes of urban lease
for the purposes of this section and different percentages in
relation to each class of urban lease so prescribed.
27C Assessment of annual rent
(1) As soon as practicable after 1 April in each year, the
Commissioner must cause an assessment to be made of the
annual rent payable for each urban lease for the financial year
commencing next 1 July.
(2) In making such an assessment, the Commissioner is to have
regard to the land value of each urban lease as at 1 April in that
year.
(3) The Commissioner must cause written notice of the assessment
for each urban lease to be served on the holder of the lease as
soon as practicable after the assessment is made.
(4) For the purposes of section 36C, the due date for payment of
the annual rent for an urban lease is 1 July of the financial year
for which the rent is payable.
Page 13
Western Lands Amendment Bill 2002
Schedule 2 Amendments with respect to rent
Division 4 Miscellaneous
27D Classification or leases as rural or urban leases
The Minister may, by order published in the Gazette, declare
that a lease of a specified kind is either a rural lease or an urban
lease for the purposes of this Part.
27E Concessional rent
(1) The Minister:
(a) may waive, reduce or remit the whole or any part of the
annual rent that would otherwise be payable by a lessee
under this Part, and
(b) may postpone payment, for up to 10 years, of the whole
or any part of the annual rent payable by a lessee under
this Part,
in respect of such classes of lessees or classes of lands as are
prescribed by the regulations.
(2) The total amount of rent waived or remitted by the Minister in
each rental year (but not rent reduced or postponed in relation
to debt management) are to be published:
(a) in the Department's annual report under the Annual
Reports (Departments) Act 1985 for the financial year
concerned, and
(b) in the Treasurer's budget papers for the following
financial year.
[3] Section 28A Granting of leases after 1989 amending Act
Insert after section 28A (1):
(1A) If the Minister makes an order under subsection (1) (f) with
respect to a particular lease purpose, the Minister must also
make an order under section 27D declaring that a lease for that
purpose is either a rural lease or an urban lease for the purposes
of Part 6.
[4] Section 28B Extension of term of lease
Omit section 28B (4).
Page 14
Western Lands Amendment Bill 2002
Amendments with respect to Western Lands Advisory Council Schedule 3
Schedule 3 Amendments with respect to Western
Lands Advisory Council
(Section 3)
[1] Sections 8B and 8C
Insert after section 8A:
8B Western Lands Advisory Council
(1) There is to be a Western Lands Advisory Council.
(2) The Western Lands Advisory Council is to have 14 members
appointed by the Minister, and of whom:
(a) four are to be appointed to represent lessees in the
Western Division:
(i) 2 being nominees of the Western Division
Council of the NSW Farmers' Association, and
(ii) one being the nominee of The Pastoralists'
Association of West Darling, and
(iii) one being a person who is independent of each
of the associations referred to in subparagraphs
(i) and (ii), and
(b) two are is to be appointed to represent the interests of
local councils, each being a nominee of the Western
Division Group of the Shires Association of NSW, and
(c) two are to be appointed to represent the interests of
Aboriginal people, of whom one is to be appointed on
the nomination of the New South Wales Aboriginal
Land Council, and
(d) one is to be appointed on the nomination of the Nature
Conservation Council of New South Wales to represent
the interests of environment protection groups, and
(e) one is to be appointed to represent the interests of
catchment management boards, and
(f) one is to be appointed to represent the interests of the
Minister for the Environment, and
Page 15
Western Lands Amendment Bill 2002
Schedule 3 Amendments with respect to Western Lands Advisory Council
(g) one is to be appointed to represent the interests of the
Minister for Agriculture, and
(h) one is to be the Commissioner, and
(i) one is to be appointed as an independent chairperson for
the Council.
(3) Each of the members referred to in subsection (2) (a)(e) must
be a person who, in the Minister's opinion, has a current or
recent connection with, or has a relevant interest in, the
Western Division.
(4) If a candidate to represent the interests of any person or body
is not duly nominated as referred to in subsection (2), the
Minister may appoint any person to represent those interests
without the need for nomination.
(5) The regulations may make provision with respect to
qualifications for appointment as a member of the Western
Lands Advisory Council.
(6) Schedule 5 has effect with respect to the constitution and
procedure of the Western Lands Advisory Council.
8C Functions of Western Lands Advisory Council
(1) The principal functions of the Western Lands Advisory Council
are as follows:
(a) to advise the Minister on matters relevant to the objects
of this Act,
(b) to advise the Minister on matters affecting the
administration of the Western Division,
(c) to consult with persons and bodies having an interest in
any matter affecting the administration of the Western
Division.
(2) The Western Lands Advisory Council has such other functions
as are conferred or imposed on it by or under this or any other
Act or law.
(3) For the purpose of exercising its functions, the Western Lands
Advisory Council may consult with, and receive submissions
from, other persons and bodies.
Page 16
Western Lands Amendment Bill 2002
Amendments with respect to Western Lands Advisory Council Schedule 3
[2] Schedule 5
Insert after Schedule 4 (as renumbered by Schedule 5 [24]):
Schedule 5 Provisions with respect to constitution
and procedure of Western Lands
Advisory Council
(Section 8B)
Part 1 Constitution
1 Acting chairperson
(1) The Minister may, from time to time, appoint a person to act in
the office of chairperson during the illness or absence of a
chairperson, and the person, while so acting, has all the
functions of the chairperson and is taken to be the chairperson.
(2) The Minister may, at any time, remove a person from an office
to which the person has been appointed under this clause.
(3) For the purposes of this clause, a vacancy in the office of
chairperson is taken to be an absence from office of the
chairperson.
2 Term of office
Subject to this Schedule, a member of the Western Lands
Advisory Council holds office for 3 years, but is eligible (if
otherwise qualified) for re-appointment.
3 Remuneration
A member of the Western Lands Advisory Council is entitled
to be paid such remuneration (including travelling and
subsistence allowances) as the Minister may from time to time
determine in respect of the member.
4 Vacancy in office of appointed member
(1) The office of a member of the Western Lands Advisory
Council becomes vacant if the member:
Page 17
Western Lands Amendment Bill 2002
Schedule 3 Amendments with respect to Western Lands Advisory Council
(a) dies, resigns or is removed from office, or
(b) is absent from 4 consecutive meetings of the Council of
which reasonable notice has been given to the member,
unless:
(i) the Council has granted the member leave to be
absent from those meetings, or
(ii) within 4 weeks after the last of those meetings,
the member is excused by the Council for
having been absent from those meetings, or
(c) becomes bankrupt, applies to take the benefit of any law
for the relief of bankrupt or insolvent debtors,
compounds with his or her creditors or makes an
assignment of his or her remuneration for their benefit,
or
(d) becomes a mentally incapacitated person, or
(e) is convicted in New South Wales of an offence that is
punishable by imprisonment for 12 months or more or
is convicted elsewhere than in New South Wales of an
offence that, if committed in New South Wales, would
be an offence so punishable.
(2) The Minister may remove a member of the Western Lands
Advisory Council from office at any time.
5 Filling of vacancy in office of member
If the office of a member of the Western Lands Advisory
Council becomes vacant, a person is, subject to this Act, to be
appointed to fill the vacancy.
6 Disclosure of pecuniary interests
(1) A member of the Western Lands Advisory Council who has a
direct or indirect pecuniary interest:
(a) in a matter that is being considered, or is about to be
considered, at a meeting of the Council, or
(b) in a thing being done or about to be done by the
Council,
must, as soon as possible after the relevant facts have come to
the member's knowledge, disclose the nature of the interest at
a meeting of the Council.
Page 18
Western Lands Amendment Bill 2002
Amendments with respect to Western Lands Advisory Council Schedule 3
(2) A disclosure at such a meeting that the member:
(a) is a member, or is in the employment, of a specified
company or other body, or
(b) is a partner, or is in the employment, of a specified
person, or
(c) has some other specified interest relating to a specified
company or other body or a specified person,
is taken to be a sufficient disclosure of the nature of the interest
in any matter or thing relating to that company or other body or
to that person that may arise after the date of the disclosure.
(3) The Western Lands Advisory Council must cause particulars of
any disclosure made under subclause (1) or (2) to be recorded
in a book kept for the purpose, and that book must be open at
all reasonable hours to the inspection, free of charge, of any
person.
(4) After a member has, or is deemed to have, disclosed the nature
of an interest in any matter or thing under subclause (1) or (2),
the member must not, unless the Minister otherwise
determines:
(a) be present during any deliberation, or take part in any
decision, of the Western Lands Advisory Council with
respect to that matter, or
(b) exercise any functions under this Act with respect to
that thing,
as the case requires.
(5) A contravention of this clause does not invalidate any decision
of the Western Lands Advisory Council or the exercise of any
function under this Act.
(6) A reference in this clause to a meeting of the Western Lands
Advisory Council includes a reference to a meeting of any of
its committees.
Page 19
Western Lands Amendment Bill 2002
Schedule 3 Amendments with respect to Western Lands Advisory Council
7 Effect of certain other Acts
(1) Part 2 of the Public Sector Management Act 1988 does not
apply to or in respect of the appointment of a member of the
Western Lands Advisory Council and the office of such a
member is not, for the purposes of any Act, an office or place
of profit under the Crown.
(2) If by or under any other Act provision is made:
(a) requiring a person who is the holder of a specified office
to devote the whole of his or her time to the duties of
that office, or
(b) prohibiting the person from engaging in employment
outside the duties of that office,
that provision does not operate so as to disqualify the person
from holding that office and also the office of a member of the
Western Lands Advisory Council, or from accepting and
retaining any remuneration payable to the person under this
Part as such a member.
Part 2 Procedure
8 General procedure
Except as otherwise provided by this Act or the regulations:
(a) meetings of the Western Lands Advisory Council are to
be held at such times and places as are fixed by the
chairperson, and
(b) the procedure for the convening of meetings and for the
conduct of business at those meetings is to be as
determined by the chairperson.
9 Quorum
A majority of the members of the Western Lands Advisory
Council constitutes a quorum.
Page 20
Western Lands Amendment Bill 2002
Amendments with respect to Western Lands Advisory Council Schedule 3
10 Presiding member
The chairperson (or, in the absence of the chairperson, a
member appointed by the members then present) is to preside
at a meeting of the Western Lands Advisory Council.
11 Decisions
(1) At any meeting of the Western Lands Advisory Council, all
members present are to strive for consensus in reaching
decisions.
(2) However, a decision by the Western Lands Advisory Council
has effect if it is supported by a majority of the votes cast at a
meeting at which a quorum is present.
12 Record of proceedings
(1) The presiding member at a meeting of the Western Lands
Advisory Council must cause a record of the proceedings at the
meeting to be made.
(2) Records made for the purposes of this clause may be destroyed
after the expiry of the period prescribed by the regulations.
13 Authentication of documents
Any document requiring authentication by the Western Lands
Advisory Council is sufficiently authenticated if it is signed by:
(a) the member who presided at the meeting that dealt with
the proceedings with respect to which the document was
prepared, or
(b) in the absence of that member, any other member who
was present at that meeting.
14 First meeting
The first meeting of the Western Lands Advisory Council is to
be called by the Minister in such manner as the Minister
considers appropriate.
Page 21
Western Lands Amendment Bill 2002
Schedule 4 Miscellaneous amendments
Schedule 4 Miscellaneous amendments
(Section 3)
[1] Section 2
Omit the section. Insert instead:
2 Objects of Act
The objects of this Act are as follows:
(a) to establish an appropriate system of land tenure for the
Western Division,
(b) to regulate the manner in which land in the Western
Division may be dealt with,
(c) to provide for the establishment of a formal access
network, by means of roads and rights of way, in the
Western Division,
(d) to establish the rights and responsibilities of lessees and
other persons with respect to the use of land in the
Western Division,
(e) to ensure that land in the Western Division is used in
accordance with the principles of ecologically
sustainable development referred to in section 6 (2) of
the Protection of the Environment Administration Act
1991,
(f) to promote the social, economic and environmental
interests of the Western Division,
(g) to make other provision for the effective integration of
land administration and natural resource management in
the Western Division.
Page 22
Western Lands Amendment Bill 2002
Miscellaneous amendments Schedule 4
[2] Section 3B
Insert after section 3A:
3B Review of Act
(1) The Minister is to review this Act to determine whether the
policy objectives of the Act remain valid and whether the terms
of the Act remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as practicable after the
period of 5 years from the date of assent to the Western Lands
Amendment Act 2002.
(3) A report on the outcome of the review is to be tabled in each
House of Parliament within 12 months after the end of the
period of 5 years.
[3] Section 8A
Omit the section. Insert instead:
8A Delegation by Commissioner
The Commissioner may delegate to:
(a) any officer of the Department, or
(b) any public or local authority,
the exercise or performance of any of the Commissioner's
powers, authorities, duties or functions, other than this power
of delegation.
[4] Section 12A
Omit the section. Insert instead:
12A Delegation by Minister
The Minister may delegate to:
(a) any officer of the Department, or
(b) any public or local authority,
the exercise or performance of any of the Minister's powers,
authorities, duties or functions, other than this power of
delegation.
Page 23
Western Lands Amendment Bill 2002
Schedule 4 Miscellaneous amendments
[5] Section 18
Omit the section. Insert instead:
18 General conditions of lease
Each lease must contain:
(a) the covenants, reservations and exemptions set out in
Schedule 1, or
(b) such of those covenants, reservations and exemptions as
the Minister considers applicable to the lease.
[6] Section 18G
Omit the section. Insert instead:
18G Dealings in leased land
(1) Land held under a lease:
(a) in the case of land under the Real Property Act 1900,
may not be transferred, and
(b) in the case of any other land, may not be conveyed,
except with the consent of the Minister.
(2) A conveyance effected in contravention of subsection (1) (b) is
void for all purposes.
(3) In the case of land:
(a) that has an area of not more than 4,050 square metres,
and
(b) that is the subject of a lease for residential, business,
motel, community or other such purposes,
the Minister may, by notice published in the Gazette, declare
that consent to the transfer or conveyance of the land is not
required under this section.
(4) If any land to which such a notice relates is land under the Real
Property Act 1900, the Registrar-General must make an
appropriate recording in respect of that land in the Register kept
under that Act.
Page 24
Western Lands Amendment Bill 2002
Miscellaneous amendments Schedule 4
(5) Subsections (1) and (2) do not apply to:
(a) any transfer of a sublease or mortgage, or
(b) any conveyance effected for the purpose of creating,
assigning or extinguishing a sublease, mortgage or
easement, or
(c) any land the subject of a notice referred to in subsection
(3).
(6) The following provisions apply to the subleasing of land held
under a lease (the head lease):
(a) the sublease must specify the purpose for which the land
may be used under the sublease, being a purpose that is
consistent with the purpose for which the land may be
used under the head lease,
(b) the head lessee must notify the Commissioner of the
granting of the sublease within 28 days after it is
granted,
(c) the head lessee must take all reasonable steps to ensure
that the sublessee complies with the requirements of this
Act and the conditions of the head lease with respect to
the land.
[7] Section 28BA Forfeiture of lease
Omit "section 50 applies in relation to the determination in the same way
as it applies in relation to a determination referred to in that section" from
section 28BA (1).
Insert instead "the lease is liable to be forfeited".
[8] Section 28BB Purchase of land held under certain leases
Omit section 28BB (1). Insert instead:
(1) This section applies to any of the following leases (other than
a lease that has become liable to forfeiture):
(a) a lease for residential, business, motel, community or
other such purposes, but not for grazing or pastoral
purposes (either alone or in combination with other
purposes),
Page 25
Western Lands Amendment Bill 2002
Schedule 4 Miscellaneous amendments
(b) a lease for agricultural or mixed farming purposes, being
a lease that was originally granted for those purposes,
where:
(i) the lease was granted before 23 December 1996,
or
(ii) the lease was granted on or after 23 December
1996, and the granting of the lease is a past act,
or
(iii) the lease was granted on or after 23 December
1996 in respect of land in respect of which an
earlier lease for grazing or pastoral purposes had
previously been granted, where the granting of
the earlier lease is a past act, or
(iv) the lease was granted on or after 23 December
1996 in respect of land that had been the subject
of a previous exclusive possession act,
(c) a lease for agricultural or mixed farming purposes, being
a lease that was originally granted for grazing or pastoral
purposes, but was subsequently altered, pursuant to
section 18J, to a lease for agricultural or mixed farming
purposes, where:
(i) the alteration occurred before 23 December
1996, or
(ii) the alteration occurred on or after 23 December
1996, and is a past act, or
(iii) the alteration occurred on or after 23 December
1996, and the land the subject of the lease had
previously been the subject of an earlier lease for
grazing or pastoral purposes, where the granting
of the earlier lease is a past act, or
(iv) the alteration occurred on or after 23 December
1996, and the land the subject of the lease had
been the subject of a previous exclusive
possession act,
where previous exclusive possession act and past act have the
meanings given to them by sections 23B and 228, respectively,
of the Native Title Act 1993 of the Commonwealth.
Page 26
Western Lands Amendment Bill 2002
Miscellaneous amendments Schedule 4
[9] Section 35N Agreements relating to betterment schemes
Insert ", conservation, environmental protection or monitoring" after
"productivity" in section 35N (1).
[10] Section 43B Power to withdraw for public purposes
Omit "(not exceeding 80 hectares)" from section 43B (1).
[11] Section 49 Offences
Omit section 49 (1) (f).
[12] Section 50
Omit the section. Insert instead:
50 Appeal to Land and Environment Court against forfeiture of
leases
(1) A lessee may appeal to the Land and Environment Court
against any declaration of forfeiture made under section 129 of
the Crown Lands Act 1989 (as adopted by Schedule 2).
(2) Subject to any order of the Land and Environment Court, the
making of the appeal does not stay the effect of the declaration.
[13] Schedule 1 (as renumbered by Schedule 5 [21])
Omit paragraph (c). Insert instead:
(c) To carry out the control of noxious weeds (within the
meaning of the Noxious Weeds Act 1993) as directed by
the Director-General of the Department of Agriculture,
by the Minister administering that Act or by an
authorised officer within the meaning of that Act.
[14] Schedule 2 (as renumbered by Schedule 5 [22])
Omit "for residential, business, motel, community or similar purposes,"
from the matter relating to Division 1 of Part 4 of the Crown Lands
Act 1989.
Insert instead "the subject of a lease to which section 28BB of the Western
Lands Act 1901 applies,".
Page 27
Western Lands Amendment Bill 2002
Schedule 4 Miscellaneous amendments
[15] Schedule 2 (as renumbered by Schedule 5 [22])
Insert at the end of the matter relating to Division 2 of Part 4 of the Crown
Lands Act 1989:
, except that it is to be read as including the following
provision:
40A Land use to be consistent with ecologically
sustainable development
The Minister is not to sell land within the
Western Division unless satisfied that the use of
the land for the purposes for which the purchaser
proposes to purchase the land is ecologically
sustainable.
[16] Schedule 2 (as renumbered by Schedule 5 [22])
Insert at the end of the matter relating to Division 4 of Part 4 of the Crown
Lands Act 1989:
and the Division is taken to include the following provision:
50A Licences may be granted over land subject to
Western Lands lease
The Minister may grant a licence for any
purpose over land the subject of a lease granted
under the Western Lands Act 1901, but only
with the consent of the lessee of that land.
[17] Schedule 2 (as renumbered by Schedule 5 [22])
Omit the matter relating to Division 5 of Part 4 of the Crown Lands
Act 1989.
Insert instead:
Division 5 (Easements)--the whole Division, except
paragraphs (a) and (b) of the definition of prescribed land in
section 51.
Page 28
Western Lands Amendment Bill 2002
Miscellaneous amendments Schedule 4
[18] Schedule 2 (as renumbered by Schedule 5 [22])
Insert "leases granted under the Western Lands Act 1901 and" after "but
only in respect of" in the matter relating to Part 6 of the Crown Lands
Act 1989.
[19] Schedule 3 (as renumbered by Schedule 5 [23])
Insert before Part 1A:
Part 1 Preliminary
1AAA Savings and transitional regulations
(1) The regulations may contain provisions of a savings or
transitional nature consequent on the enactment of the
following Acts:
Western Lands Amendment Act 2002
(2) Such a provision may, if the regulations so provide, take effect
from the date of assent to the Act concerned or a later day.
(3) To the extent to which such a provision takes effect from a date
that is earlier than the date of its publication in the Gazette, the
provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other
than the State or an authority of the State), the rights of
that person existing before the date of that publication,
or
(b) to impose liabilities on any person (other than the State
or an authority of the State) in respect of anything done
or omitted to be done before the date of that publication.
Page 29
Western Lands Amendment Bill 2002
Schedule 4 Miscellaneous amendments
[20] Schedule 3 (as renumbered by Schedule 5 [23])
Insert after Part 1D:
Part 2 Provisions consequent on enactment of
Western Lands Amendment Act 2002
4 Definitions
In this Part:
the 2002 amending Act means the Western Lands Amendment
Act 2002.
the amended Schedule, followed by a number, means the
corresponding Schedule to this Act, as amended by the 2002
amending Act.
5 Conditions under section 18
The substitution of section 18 by the 2002 amending Act does
not limit or otherwise affect the conditions of any lease granted
before the substitution of that section.
6 Transfers under section 18G
Nothing in the Crown Lands Act 1989 (as applied by the
amended Schedule 2) affects any dealing for which a consent
had been given under section 18G before the substitution of
that section by the 2002 amending Act.
7 Forfeitures under section 50
If notice of the proposed forfeiture of a lease had been served
on a lessee under section 50 before the repeal of that section by
the 2002 amending Act:
(a) that section continues to apply, and
(b) the provisions of Part 6 of the Crown Lands Act 1989
(as applied by the amended Schedule 2) do not apply,
to the forfeiture of the lease.
Page 30
Western Lands Amendment Bill 2002
Miscellaneous amendments Schedule 4
8 Application of Schedule 1
The amended Schedule 1 applies to leases granted before its
amendment by the 2002 amending Act in the same way as it
applies to leases granted after its amendment.
9 Application of Schedule 2
(1) The amended Schedule 2 applies to matters arising before its
amendment by the 2002 amending Act in the same way as it
applies to matters arising after its amendment.
(2) However, in its application to a lease granted before the
commencement of the Western Lands (Amendment) Act 1989,
the powers of forfeiture conferred by section 129 of the Crown
Lands Act 1989 (as applied by the amended Schedule 2) are
exercisable only in accordance with the terms of the lease.
10 Continuation of former rents
(1) This clause applies to any lease for which a rental period had
begun, but not ended, on the commencement of Schedule 2 to
the 2002 amending Act.
(2) If the annual rent payable for a rural holding or urban lease
under the new Part 6 (as inserted by Schedule 2 to the 2002
amending Act) is greater than the sum of the rents payable for
the relevant lease or leases under the old Part 6 (as in force
immediately before the commencement of that Schedule), the
annual rent for that lease or those leases for the remainder of
the current rental period is the sum of the rents payable under
the old Part 6.
(3) For the purposes of this clause, current rental period means
the rental period under section 19C (as in force immediately
before the commencement of Schedule 2 to the 2002 amending
Act) and, if that period expires after that commencement
otherwise than on 30 June in any year, includes the further
period up to the end of the following 30 June.
11 Application of section 28BB and Schedule 4
The provisions of section 28BB and the amended Schedule 4
apply to leases granted before the commencement of their
amendment by the 2002 amending Act in the same way as they
apply to leases granted after their amendment.
Page 31
Western Lands Amendment Bill 2002
Schedule 4 Miscellaneous amendments
[21] Schedule 4 (as renumbered by Schedule 5 [24])
Insert after clause 3 (2):
(3) The Minister may not grant an application in relation to land
the subject of a lease for any purpose unless satisfied that the
continued use of the land for that purpose is ecologically
sustainable.
[22] Schedule 4 (as renumbered by Schedule 5 [24])
Omit clauses 14 and 15.
Page 32
Western Lands Amendment Bill 2002
Amendments by way of statute law revision Schedule 5
Schedule 5 Amendments by way of statute law
revision
(Section 3)
[1] Section 1
Omit the section. Insert instead:
1 Name of Act
This Act is the Western Lands Act 1901.
[2] Section 2A Application of Crown Lands Act 1989
Omit "Schedule B" wherever occurring. Insert instead "Schedule 2".
[3] Section 2B Savings, transitional and other provisions
Omit "Schedule C". Insert instead "Schedule 3".
[4] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
Department means the Department of Land and Water
Conservation.
[5] Section 11 Appointment of staff
Omit "Public Service Act 1979".
Insert instead "Public Sector Management Act 1988".
[6] Part 3
Omit the Part.
[7] Section 18CC Minister may sue for money
Omit "the Minister for Natural Resources to bring under that name, and".
Insert instead "the Minister to bring,".
Page 33
Western Lands Amendment Bill 2002
Schedule 5 Amendments by way of statute law revision
[8] Section 18DA Cultivation of certain land
Omit "the Commons Regulation Act 1898 or the Pastures Protection Act
1934 from the definition of occupier in section 18DA (2).
Insert instead "the Commons Management Act 1989 or the Rural Lands
Protection Act 1998".
[9] Section 18GA
Omit the section.
[10] Section 18H
Omit the section.
[11] Section 28BB Purchase of land held under certain leases
Omit "Schedule D" from section 28BB (2). Insert instead "Schedule 4".
[12] Part 8
Omit the Part.
[13] Section 33A Surrender
Insert "18FA or" after "section" in section 33A (1) (b).
[14] Section 33A (2), (2A) and (2B)
Omit the subsections. Insert instead:
(2) A person who holds land under a lease as trustee, executor or
administrator may surrender the lease under this section as if a
power to that effect were included in the Act or instrument
pursuant to which he or she so acts.
[15] Section 35B
Omit the section.
[16] Section 35K Transfers under legal process etc
Omit section 35K (1).
Page 34
Western Lands Amendment Bill 2002
Amendments by way of statute law revision Schedule 5
[17] Section 35M
Omit the section.
[18] Section 44 Power to withdraw for settlement
Omit section 44 (2) (c).
[19] Section 44 (3)
Omit ", but the provisions of section 31 shall apply upon any such
redisposal".
[20] Section 45
Omit the section.
[21] Schedule A
Renumber as Schedule 1.
[22] Schedule B Applicable provisions of the Crown Lands Act 1989
Renumber as Schedule 2.
[23] Schedule C Savings, transitional and other provisions
Renumber as Schedule 3.
[24] Schedule D Provisions relating to purchases of certain leased land
Renumber as Schedule 4.
Page 35
[Index] [Search] [Download] [Related Items] [Help]