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Western Lands Amendment Bill 2008 No , 2008 A Bill for An Act to amend the Western Lands Act 1901 as a result of a statutory review under section 3B of that Act; and for other purposes.
Clause 1 Western Lands Amendment Bill 2008 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Western Lands Amendment Act 2008. 3 2 Commencement 4 (1) This Act commences on the date of assent to this Act, subject to 5 subsection (2). 6 (2) Schedule 2 [24] commences on a day to be appointed by proclamation. 7 3 Amendment of Western Lands Act 1901 No 70 8 The Western Lands Act 1901 is amended as set out in Schedules 1 and 2. 9 4 Amendment of other Acts and instruments 10 Each Act and instrument listed in Schedule 3 is amended as set out in 11 that Schedule. 12 5 Repeal of Western Lands Amendment Act 2002 No 68 13 The Western Lands Amendment Act 2002 is repealed. 14 6 Repeal of Act 15 (1) This Act is repealed on the day following the day on which all of the 16 provisions of this Act have commenced. 17 (2) The repeal of this Act does not, because of the operation of section 30 18 of the Interpretation Act 1987, affect any amendment made by this Act. 19 Page 2
Western Lands Amendment Bill 2008 Principal amendments Schedule 1 Schedule 1 Principal amendments 1 (Section 3) 2 [1] Section 2 Objects of Act 3 Insert ", and to facilitate new land uses and development opportunities for land 4 in the Western Division" after "Western Division" in section 2 (a). 5 [2] Section 2 (f) 6 Insert ", having regard to both the indigenous and non-indigenous cultural 7 heritage of the Western Division" after "Western Division". 8 [3] Section 3 Definitions 9 Omit the definition of Local Land Board from section 3 (1). Insert instead: 10 Local Land Board means a local land board constituted under the 11 Crown Lands Act 1989. 12 [4] Section 8B Western Lands Advisory Council 13 Omit "14" from section 8B (2). Insert instead "15". 14 [5] Section 8B (2) (f) 15 Insert "Climate Change and" before "the Environment". 16 [6] Section 8B (2) (g) and (g1) 17 Omit section 8B (2) (g). Insert instead: 18 (g) one is to be appointed to represent the interests of the 19 Minister for Primary Industries, and 20 (g1) one is to be appointed to represent the interests of the 21 Minister for Mineral Resources, and 22 [7] Section 9 Power to establish administrative districts 23 Omit section 9 (2)(7). 24 [8] Sections 9A, 10 and 10A 25 Omit the sections. 26 Page 3
Western Lands Amendment Bill 2008 Schedule 1 Principal amendments [9] Sections 18A and 18B 1 Omit the sections. Insert instead: 2 18A Condition of fencing 3 (1) The Commissioner may from time to time, by order in writing, 4 direct that: 5 (a) the boundaries of any leased land, or any specified part of 6 those boundaries, or 7 (b) any specified part or parts of leased land, 8 be fenced within such period, and with such kind of fencing, as is 9 specified in the order. 10 (2) An order under subsection (1) (a) may apportion the costs of 11 complying with the order between the lessee of the leased land 12 concerned and the owner or lessee of any adjoining land along the 13 boundaries of that land. 14 (3) The order is to be served on the lessee of the leased land and, in 15 the case of an order that apportions costs as referred to in 16 subsection (2), on the owner or lessee of the adjoining land. 17 (4) Each lease is subject to a condition that the lessee will comply 18 with the requirements of any order in force under this section in 19 relation to the fencing of the leased land. 20 (5) An order under this section may authorise the erection or use as 21 a boundary fence of any fence that, although not on a boundary, 22 will in the Commissioner's opinion serve the purposes of a 23 boundary fence. 24 (6) An appeal lies to a local land board against any order under this 25 section. 26 Note. Pursuant to section 26 of the Crown Lands Act 1989, a party to 27 proceedings on an appeal under this section may appeal to the Land and 28 Environment Court against the local land board's decision on the appeal. 29 18B Recovery of contributions from adjoining landowners 30 (1) This section applies in circumstances in which an order under 31 section 18A (1) (a) apportions the costs of complying with the 32 order between two or more persons, as referred to in section 33 18A (2). 34 (2) If, in complying with the order, a person incurs costs in excess of 35 his or her due proportion under the order, the person may recover 36 the excess, as a debt in a court of competent jurisdiction, from any 37 other person or persons to whom the order apportions the costs. 38 Page 4
Western Lands Amendment Bill 2008 Principal amendments Schedule 1 (3) In any proceedings for recovery of such a debt, the certificate of 1 the Commissioner as to the making and contents of the order is 2 evidence of the matters set out in the certificate. 3 [10] Section 18C Local land board's decision as to fencing 4 Omit the section. 5 [11] Part 9C, heading 6 Omit "and rights of way". Insert instead ", rights of way and easements". 7 [12] Section 35QA 8 Insert after section 35Q: 9 35QA Public roads over freehold land 10 The Minister may create public roads over freehold land by 11 acquiring the land under Part 12 of the Roads Act 1993 and 12 dedicating the land so acquired as a public road under Part 2 of 13 that Act. 14 [13] Part 9C, Division 3 15 Insert after Division 2 of Part 9C: 16 Division 3 Easements to maintain Border Fences 17 35UA Definitions 18 In this Division: 19 Border Fence means the Queensland Border Fence, or the South 20 Australian Border Fence, within the meaning of the Wild Dog 21 Destruction Act 1921. 22 fenced portion of the State boundary means: 23 (a) so much of the boundary between New South Wales and 24 Queensland as extends west from a point at latitude 25 29° 0 0 South, longitude 144° 34 1.6 East, for a 26 distance of approximately 349 kilometres to the 27 intersection of the New South Wales, Queensland and 28 South Australia State boundaries, and 29 (b) so much of the boundary between New South Wales and 30 South Australia as extends north from a point at latitude 31 31° 1 37.4 South, longitude 141° 0 0 East, for a distance 32 of approximately 257 kilometres to the intersection of the 33 New South Wales, Queensland and South Australia State 34 boundaries. 35 Page 5
Western Lands Amendment Bill 2008 Schedule 1 Principal amendments fencing easement means an easement created under section 1 35UB. 2 Wild Dog Destruction Board means the Wild Dog Destruction 3 Board constituted under the Wild Dog Destruction Act 1921. 4 35UB Fencing easements to be created 5 (1) This section applies to land situated within the prescribed 6 distance of the fenced portion of the State boundary. 7 (2) The Minister may, by notice published in the Gazette, declare 8 that the following easements are vested in the Wild Dog 9 Destruction Board over land to which this section applies: 10 (a) an easement for repairs in relation to the Border Fences, 11 (b) a right of access in relation to the Border Fences, 12 (c) such other easements as are appropriate to the maintenance 13 of those fences and that right of access. 14 (3) The power conferred on the Minister by subsection (2) may only 15 be exercised in relation to freehold land with the consent of each 16 person having an estate or interest in that land. 17 (4) On publication of the notice, each easement specified in the 18 notice is vested in the Wild Dog Destruction Board to the extent 19 to which it was not so vested immediately before publication. 20 (5) If, by the operation of subsection (4), an easement over land 21 under the provisions of the Real Property Act 1900 becomes 22 vested in the Wild Dog Destruction Board, the Board must 23 forthwith make a request to the Registrar-General under section 24 46C of the Real Property Act 1900 in relation to the easement. 25 (6) On receipt of a request under section 46C of the Real Property 26 Act 1900 in relation to any such easement, the Registrar-General 27 may record, in any folio of the Register kept under that Act for 28 land affected by the creation of the easement, such particulars as 29 the Registrar-General considers appropriate. 30 (7) Section 89 of the Conveyancing Act 1919 does not apply to an 31 easement created under this section. 32 (8) In this section, prescribed distance means 100 metres or such 33 greater distance (not exceeding 200 metres) as the regulations 34 may specify in relation to the whole or any part of the fenced 35 portion of the State boundary. 36 Page 6
Western Lands Amendment Bill 2008 Principal amendments Schedule 1 35UC Compensation 1 (1) A person who has an estate or interest in any freehold land over 2 which a fencing easement is created, or who, but for this Act, 3 would have had such an estate or interest, is entitled to receive 4 compensation from the Crown in respect of the creation of the 5 easement. 6 (2) The Land Acquisition (Just Terms Compensation) Act 1991 7 applies (with such modifications as may be prescribed by the 8 regulations) to the payment of any such compensation as if the 9 creation of the fencing easement were effected by an acquisition 10 notice under that Act. 11 (3) If there is any disagreement between the Crown and any person 12 claiming compensation under this section as to the amount of 13 compensation, the claim may be heard and disposed of in 14 accordance with section 24 of the Land and Environment Court 15 Act 1979. 16 (4) No compensation is payable to any person in relation to any loss 17 or damage arising from the creation of a fencing easement over 18 land other than freehold land. 19 35UD Fencing easements may be extinguished 20 (1) The Minister may, by notice published in the Gazette, declare 21 that any fencing easement that is vested in the Wild Dog 22 Destruction Board is extinguished. 23 (2) On publication of the notice, each fencing easement specified in 24 the notice is extinguished to the extent to which it subsisted 25 immediately before publication. 26 (3) On receipt of a request under section 46C of the Real Property 27 Act 1900 in relation to any fencing easement extinguished under 28 this section, the Registrar-General may record, in any folio of the 29 Register kept under that Act for land affected by the 30 extinguishment of the easement, such particulars as the 31 Registrar-General considers appropriate. 32 Note. For example, it may be necessary to extinguish one easement in 33 order to replace it with another with different terms. 34 35UE Notice to be given of creation or extinguishment of fencing 35 easements 36 As soon as practicable after a fencing easement is created or 37 extinguished under this Division, the Minister must cause notice 38 of that fact to be given to each owner (in relation to freehold land) 39 Page 7
Western Lands Amendment Bill 2008 Schedule 1 Principal amendments or lessee or licensee (in relation to land other than freehold land) 1 of land affected by the creation or extinguishment of the 2 easement. 3 35UF Fencing easements not dutiable 4 No duty is payable under the Duties Act 1997 in respect of the 5 creation or extinguishment of a fencing easement under this 6 Division. 7 35UG Division not to apply to national parks etc 8 This Division does not apply to or in respect of land reserved 9 under the National Parks and Wildlife Act 1974. 10 [14] Schedule 2 Applicable provisions of the Crown Lands Act 1989 11 Insert at the end of the matter under the heading "Part 2 Administration": 12 Division 2 (Local land boards)--the whole Division. 13 [15] Schedule 3 Savings, transitional and other provisions 14 Insert at the end of clause 1AAA (1): 15 Western Lands Amendment Act 2008 16 [16] Schedule 3, Part 3 17 Insert after Part 2: 18 Part 3 Provisions consequent on enactment of 19 Western Lands Amendment Act 2008 20 12 Definition 21 In this Part, the 2008 amending Act means the Western Lands 22 Amendment Act 2008. 23 13 Local land boards 24 (1) Each local land board established under section 9, as in force 25 immediately before its amendment by the 2008 amending Act, is 26 taken to be a local land board constituted under section 20 of the 27 Crown Lands Act 1989. 28 (2) The person who, immediately before section 9 was amended by 29 the 2008 amending Act, was the Chairperson of Local Land 30 Boards under that section is taken to have been appointed as a 31 Chairperson of Local Land Boards under section 19 (1) of the 32 Crown Lands Act 1989. 33 Page 8
Western Lands Amendment Bill 2008 Principal amendments Schedule 1 (3) A person who, immediately before section 9 was amended by the 1 2008 amending Act, was a member of a local land board under 2 that section is taken to have been appointed as a member of that 3 board under section 20 of the Crown Lands Act 1989 and, unless 4 he or she sooner vacates office, continues in office for the balance 5 of the term for which he or she was originally appointed. 6 (4) Subject to this Act, proceedings that were commenced before any 7 such local land board before section 9 was amended by the 2008 8 amending Act are to be disposed of in accordance with the 9 relevant provisions of the Crown Lands Act 1989. 10 14 Term of appointment of members of Western Lands Advisory 11 Council 12 The amendment made by the 2008 amending Act to clause 2 of 13 Schedule 5 does not apply to the term of office of any member of 14 the Western Lands Advisory Council who was appointed before 15 the commencement of that amendment. 16 15 Application of section 18A 17 (1) Section 18A, as substituted by the 2008 amending Act, extends 18 to leases granted or issued, and to fences erected, before the 19 commencement of that section. 20 (2) Any determination, exemption, allowance or authorisation that, 21 immediately before section 18A was substituted by the 2008 22 amending Act, was in force under that section is taken to be an 23 order to the same effect under that section, as so substituted. 24 [17] Schedule 5 Provisions with respect to constitution and procedure of 25 Western Lands Advisory Council 26 Omit "holds office for 3 years" from clause 2. 27 Insert instead "holds office for such term (not exceeding 3 years) as is 28 specified in the member's instrument of appointment". 29 Page 9
Western Lands Amendment Bill 2008 Schedule 2 Miscellaneous amendments Schedule 2 Miscellaneous amendments 1 (Section 3) 2 [1] Section 3 Definitions 3 Omit "Part 2 of the Public Sector Management Act 1988" wherever occurring 4 in the definitions of Assistant Commissioner and Commissioner in section 5 3 (1). 6 Insert instead "Chapter 1A of the Public Sector Employment and Management 7 Act 2002". 8 [2] Section 3 (1), definition of "Department" 9 Omit the definition. Insert instead: 10 Department means the Department of Lands. 11 [3] Section 3 (1), definition of "Leased land" 12 Insert in alphabetical order: 13 Leased land means land held under a lease granted or issued 14 under this Act. 15 [4] Section 3 (1), definition of "Western Division" 16 Omit the definition. Insert instead: 17 Western Division has the same meaning as it has in the Crown 18 Lands Act 1989. 19 [5] Section 3B Review of Act 20 Omit the section. 21 [6] Section 11 Appointment of staff 22 Omit "Public Sector Management Act 1988". 23 Insert instead "Public Sector Employment and Management Act 2002". 24 [7] Section 18CC 25 Omit the section. Insert instead: 26 18CC Recovery of debts 27 Money due to the Crown under this Act may be recovered, as a 28 debt, in any court of competent jurisdiction. 29 Page 10
Western Lands Amendment Bill 2008 Miscellaneous amendments Schedule 2 [8] Section 18D Provisions governing leases 1 Omit "granted or issued either before or after the passing of the Western Lands 2 (Amendment) Act of 1905" from section 18D (1). 3 [9] Section 18D (1) 4 Renumber paragraphs (i)(x) as paragraphs (a)(i), and subparagraphs (a)(f) 5 of paragraph (iv) as subparagraphs (i)(vi), respectively. 6 [10] Section 18DA Cultivation of certain land 7 Omit "whether granted or issued before or after the day appointed and notified 8 under section 2 (3) of the Western Lands (Leases and Productivity Schemes) 9 Amendment Act 1979" from section 18DA (1). 10 [11] Section 18DA (2), definition of "cultivate" 11 Omit paragraph (b). Insert instead: 12 (b) does not include any clearing of native vegetation, or 13 clearing of State protected land, to which the condition 14 referred to in section 18DB (3) applies. 15 [12] Section 18DB Condition relating to clearing native vegetation and 16 protected land 17 Omit section 18DB (2) and (3). Insert instead: 18 (2) In this section, clearing and native vegetation have the same 19 meanings as they have in the Native Vegetation Act 2003, and 20 State protected land has the same meaning as it has in clause 4 of 21 Schedule 3 to that Act. 22 (3) It is a condition of any lease to which this Act applies that any 23 native vegetation on the land the subject of the lease, and any part 24 of that land that is State protected land, must not be cleared 25 except in accordance with the Native Vegetation Act 2003 26 (including the Native Vegetation Conservation Act 1997 as 27 applied by that Act and the regulations under that Act). 28 [13] Section 18E Subsisting leases: extension 29 Omit section 18E (4A) and (4B). 30 [14] Section 18I Survey fee 31 Omit the section. 32 [15] Section 18J Conditions attaching to leases: alteration by consent 33 Omit "whether before or after the commencement of the Western Lands 34 (Amendment) Act 1934,". 35 Page 11
Western Lands Amendment Bill 2008 Schedule 2 Miscellaneous amendments [16] Section 28A Granting of leases 1 Insert after section 28A (1A): 2 (1B) The purposes listed in subsection (1) (a)(e1) do not limit the 3 purposes for which a declaration may be made under subsection 4 (1) (f). 5 [17] Section 28B Extension of term of lease 6 Omit "before or after the insertion of this section by the Western Lands 7 (Amendment) Act 1989" from section 28B (1). 8 [18] Section 35L Amendment of applications etc 9 Omit the section. 10 [19] Section 36B 11 Omit sections 36B and 36C. Insert instead: 12 36B Interest on arrears 13 (1) Any amount payable under a lease, or under this Act in relation 14 to a lease, bears interest at the rate prescribed by the regulations. 15 (2) No interest is payable if the amount is paid within 3 months after 16 the date on which payment falls due. 17 (3) The Minister may waive, postpone or remit payment of interest 18 under this section. 19 [20] Section 46 Application of Part 20 Omit section 46 (1). Insert instead: 21 (1) In this Part, a reference to a condition of a lease includes a 22 reference to any covenant, term, reservation, exception, 23 exemption, provision or prohibition attaching or applying to the 24 lease, whether by the terms of the lease or the provisions of this 25 Act or otherwise. 26 [21] Section 49 Offences 27 Omit "requirements of" wherever occurring in section 49 (1) (a1), (2) (a) and 28 (2A) (a). 29 Insert instead "prohibition in". 30 [22] Section 49 (1) (b), (c), (e), (g) and (h) 31 Omit "(iv)", "(ix)", "(vii)", "(x)" and "(viii)". 32 Insert instead "(d)", "(h)", "(f)", "(i)" and "(g)", respectively. 33 Page 12
Western Lands Amendment Bill 2008 Miscellaneous amendments Schedule 2 [23] Schedule 1, heading 1 Omit the heading to Schedule 1. Insert instead: 2 Schedule 1 General lease conditions 3 (Section 18) 4 [24] Schedule 1, paragraph (e) 5 Omit ", roads, or tracks". 6 [25] Schedule 3 Savings, transitional and other provisions 7 Insert after clause 1AAB: 8 1AAC Application of section 18D 9 Section 18D extends to leases granted or issued before the 10 commencement of the Western Lands (Amendment) Act of 1905. 11 [26] Schedule 3, clause 1ABA 12 Insert after clause 1AB: 13 1ABA Application of section 18J 14 Section 18J extends to leases granted or brought under this Act 15 before the commencement of the amending Act. 16 [27] Schedule 3, Part 1AAA 17 Insert after Part 1A: 18 Part 1AAA Provisions consequent on enactment of 19 Western Lands (Leases and Productivity 20 Schemes) Amendment Act 1979 21 1ABB Application of section 18DA 22 Section 18DA extends to leases granted or issued before the 23 commencement of that section. 24 [28] Schedule 3, clause 1AG 25 Insert after clause 1AF: 26 1AG Application of sections 28B and 28BA 27 Sections 28B and 28BA extend to leases granted under section 28 28A before the insertion of those sections by the amending Act. 29 Page 13
Western Lands Amendment Bill 2008 Schedule 2 Miscellaneous amendments [29] Schedule 5 Provisions with respect to constitution and procedure of 1 Western Lands Advisory Council 2 Omit "Part 2 of the Public Sector Management Act 1988" from clause 7 (1). 3 Insert instead "Chapter 2 of the Public Sector Employment and Management 4 Act 2002". 5 Page 14
Western Lands Amendment Bill 2008 Amendment of other Acts and instruments Schedule 3 Schedule 3 Amendment of other Acts and 1 instruments 2 (Section 4) 3 3.1 Commons Management Act 1989 No 13 4 Section 3 Definitions 5 Omit the definition of local land board from section 3 (1). Insert instead: 6 local land board means a local land board constituted under the 7 Crown Lands Act 1989. 8 3.2 Conveyancing Act 1919 No 6 9 [1] Section 7A Current plan 10 Insert at the end of section 7A (3) (b): 11 or 12 (c) land the subject of a special purpose lease within the 13 meaning of Division 3A of Part 4 of the Crown Lands Act 14 1989 or Part 9E of the Western Lands Act 1901, 15 [2] Section 23G Exceptions to sec 23F 16 Insert after section 23G (m): 17 (n) a transaction that comprises: 18 (i) the granting of a special purpose lease within the 19 meaning of Division 3A of Part 4 of the Crown 20 Lands Act 1989 or Part 9E of the Western Lands Act 21 1901, or 22 (ii) the transfer, conveyance, sublease, variation or 23 mortgage of a leasehold interest so created. 24 3.3 Crown Lands Act 1989 No 6 25 [1] Section 3 Definitions 26 Insert in alphabetical order in section 3 (1): 27 Eastern and Central Division--see section 4 (2). 28 Lord Howe Island has the same meaning as Island has in the 29 Lord Howe Island Act 1953. 30 Western Division--see section 4 (2A). 31 Page 15
Western Lands Amendment Bill 2008 Schedule 3 Amendment of other Acts and instruments [2] Section 3 (1), definition of "land district" 1 Omit the definition. Insert instead: 2 land district means a land district referred to in section 8 (1), or 3 established under section 8 (1A) or (2), and includes: 4 (a) an administrative district established under section 9 of the 5 Western Lands Act 1901, and 6 (b) a development district declared under section 44B of this 7 Act or section 35XB of the Western Lands Act 1901. 8 [3] Section 4 Divisions of the State 9 Omit section 4 (2) (a). Insert instead: 10 (a) such part of the State as is not within Lord Howe Island or 11 the Western Division, and 12 [4] Section 4 (2A) 13 Insert after section 4 (2): 14 (2A) Subject to any regulations made under subsection (3), the 15 Western Division comprises that part of the State depicted in 16 Lot 1901, Deposited Plan 1133899, recorded in the office of the 17 Registrar-General. 18 [5] Section 5 Application of Act 19 Insert after section 5 (3): 20 (4) This Act does not apply to or in respect of Lord Howe Island. 21 3.4 Dividing Fences Act 1991 No 72 22 [1] Section 3 Definitions 23 Omit "or under the Western Lands Act 1901" from the definition of local land 24 board. 25 [2] Section 4 Determination as to "sufficient dividing fence" 26 Insert after section 4 (f): 27 (g) in the case of a dividing fence affecting land the subject of 28 a lease under the Western Lands Act 1901, any order in 29 force under section 18A of that Act. 30 Page 16
Western Lands Amendment Bill 2008 Amendment of other Acts and instruments Schedule 3 [3] Section 13 Jurisdiction of Local Court or local land board 1 Insert after section 13 (1): 2 (1A) Despite subsection (1), only a local land board has jurisdiction to 3 hear and determine matters affecting land the subject of a lease 4 under the Western Lands Act 1901. 5 3.5 Forestry Act 1916 No 55 6 Section 27 Penalty for unlawfully taking timber, products or forest 7 materials 8 Omit "18D (ii)" from section 27 (3) (b). Insert instead "18D (b)". 9 3.6 Freedom of Information Regulation 2005 10 Schedule 3 Public authorities 11 Omit "Local land board under the Western Lands Act 1901" from Part 3. 12 Insert instead "Local land board under the Crown Lands Act 1989". 13 3.7 Local Government Act 1993 No 30 14 Section 682 Power to appear before local land boards 15 Omit "or the Western Lands Act 1901". 16 3.8 National Parks and Wildlife Act 1974 No 80 17 Section 153E 18 Insert after section 153D: 19 153E Easements to repair and maintain the Border Fence 20 (1) For the purpose of the repair and maintenance of the Border 21 Fence, the Minister may grant easements or rights of way in 22 favour of the Wild Dog Destruction Board through, on or in any 23 land reserved under this Act. 24 (2) An easement or right of way under this section may be granted 25 subject to such terms and conditions as the Minister may 26 determine. 27 (3) The Minister may from time to time revoke or vary any grant 28 under this section of an easement or right of way. 29 Page 17
Western Lands Amendment Bill 2008 Schedule 3 Amendment of other Acts and instruments (4) The Minister is required to consult the Minister administering the 1 Western Lands Act 1901 before exercising a power conferred by 2 this section. 3 (5) This section does not operate to limit a power under any other 4 section of this Part to grant easements or rights of way through, 5 on or in any land reserved under this Act. 6 (6) In this section: 7 Border Fence means the Queensland Border Fence, or the South 8 Australian Border Fence, within the meaning of the Wild Dog 9 Destruction Act 1921. 10 Wild Dog Destruction Board means the Wild Dog Destruction 11 Board constituted under the Wild Dog Destruction Act 1921. 12 3.9 Native Vegetation Regulation 2005 13 Clause 3 Definitions 14 Omit "Western Lands Act 1901" from the definition of Western Division in 15 clause 3 (1). 16 Insert instead "Crown Lands Act 1989". 17 3.10 Passenger Transport Regulation 2007 18 Clause 3 Definitions 19 Omit the definition of Western Division from clause 3 (1). Insert instead: 20 Western Division has the same meaning as it has in the Crown 21 Lands Act 1989. 22 3.11 Roads Act 1993 No 33 23 Dictionary 24 Omit "or the Western Lands Act 1901, as the case may be," from the definition 25 of local land board. 26 3.12 Rural Lands Protection Act 1998 No 143 27 Dictionary 28 Omit the definition of appropriate local land board. Insert instead: 29 appropriate local land board, in relation to any land, means the 30 local land board for the land district (within the meaning of the 31 Crown Lands Act 1989) in which the land is situated. 32 Page 18
Western Lands Amendment Bill 2008 Amendment of other Acts and instruments Schedule 3 3.13 Soil Conservation Act 1938 No 10 1 Section 3 Definitions 2 Omit "Crown Lands Consolidation Act 1913" from the definition of Local 3 land board in section 3 (1). 4 Insert instead "Crown Lands Act 1989". 5 3.14 Trees (Disputes Between Neighbours) Act 2006 No 126 6 [1] Section 11 Trees on Crown land referred to local land board 7 Omit "or section 10A of the Western Lands Act 1901" from section 11 (1). 8 [2] Section 11 (1) (b) 9 Omit "or the Western Lands Act 1901". 10 3.15 Valuation of Land Act 1916 No 2 11 Section 4 Definitions 12 Omit the definition of Western Division from section 4 (1). Insert instead: 13 Western Division has the same meaning as it has in the Crown 14 Lands Act 1989. 15 3.16 Water Act 1912 No 44 16 Section 4 Definitions 17 Omit the definition of Western Division. Insert instead: 18 Western Division has the same meaning as it has in the Crown 19 Lands Act 1989. 20 3.17 Western Lands Regulation 2004 21 [1] Part 2 Local land boards 22 Omit the Part. 23 [2] Clause 20 Interest on arrears: section 36B 24 Omit "36B (2) (d)". Insert instead "36B (1)". 25 [3] Clause 21 Interest on sums payable: section 36C 26 Omit the clause. 27 Page 19
Western Lands Amendment Bill 2008 Schedule 3 Amendment of other Acts and instruments [4] Clause 23 Survey fees: section 18E 1 Omit clause 23 (2). 2 [5] Clause 25 Fencing claims and disputes: section 18B 3 Omit the clause. 4 [6] Schedule 3 Survey fees 5 Omit the Schedule. 6 Page 20
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