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Legislation Amendment (Transfer
Restrictions) Bill 1997
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
In relation to both irrigation and non-irrigation area land there are provisions
for removal of these transfer restrictions in certain circumstances. For
example, restrictions on some small areas of land and on some non-farming
land (generally small areas) may be removed on payment of a nominal fee.
However, in regard to non-irrigation area land the restrictions may also be
removed from large areas (farming or non-farming) on payment of an amount
equivalent to 3 per cent of the land value.
Provisions relating to transfer restrictions on irrigation area lands are
contained in the Crown Lands (Continued Tenures) Act 1989, the Hay
Irrigation Act 1902 and the Wentworth Irrigation Act 1890.
The object of this Bill is to amend those Acts:
*
to allow transfer restrictions to be removed from large areas of
irrigation area land in the same way as they may be removed from
large areas of non-irrigation area land, and
*
to extend the provisions for the removal of transfer restrictions from
some small areas of irrigation area land (2 hectares or less), on
payment of a nominal fee, to all small areas of irrigation area land.
The Bill also:
*
amends those Acts to remove a requirement for the Minister (or the
Lands Administration Ministerial Corporation) to take into account a
spouse's land when determining whether or not a proposed transfer of
land will result in a person holding land substantially in excess of a
home maintenance area, and
*
amends the Crown Lands (Continued Tenures) Act 1989 to remove
prohibitions on corporations and trustees acquiring certain land
(generally farming land) in irrigation areas, and
*
amends the Hay Irrigation Act 1902 and the Wentworth Irrigation Act
1890 to bring the provisions in those Acts relating to transfer
restrictions into line with the transfer restriction provisions in the
Crown Lands (Continued Tenures) Act 1989.
Clause 2 provides that the proposed Act commences on a day or days to be
appointed by proclamation.
Clause 3 is a formal provision that gives effect to the amendments to the
Crown Lands (Continued Tenures) Act 1989 contained in Schedule l .
Clause 4 is a formal provision that gives effect to the amendments to the
Hay Irrigation Act 1902 contained in Schedule 2.
Clause 5 is a formal provision that gives effect to the amendments to the
Wentworth Irrigation Act 1890 contained in Schedule 3.
Explanatory note page 2
Schedule 1
Amendment of Crown Lands (Continued
Tenures) Act 1989
Removal of transfer restrictions from land in irrigation areas
Items [4], [5] and [7][10] amend Schedule 3 to the Act to allow transfer
restrictions to be removed from large areas of irrigation area land in the same
way as they may be removed from large areas of non-irrigation area land (in
the Act, irrigation area land is referred to as land in a special land district).
Taking into account a spouse's land
Item [6] removes a requirement for the Minister to take into account a
spouse's land when determining whether or not a proposed transfer of land
will result in a person holding land substantially in excess of a home
maintenance area.
Statutory corporations and trustees
Items [2], [3] and [12] remove prohibitions on corporations and trustees
acquiring certain land in irrigation areas.
Other amendments
Items [l] and [13] insert savings and transitional provisions.
Item [l l ] is a consequential amendment.
Schedule 2
Amendment of Hay Irrigation Act 1902
Transfer restrictions
Item [l] repeals a section relating to transfer restrictions.
Item [2] inserts a new Part (sections 2028) on the lines of Schedule 3
(Transfer restrictions) to the Crown Lands (Continued Tenures) Act 1989, as
to be amended by the proposed Act. Sections 27 and 28 relate to the removal
of transfer restrictions from land within the Hay irrigation area.
Other amendments
Item [3] is a consequential amendment.
Items [4] and [5] insert savings and transitional provisions.
Explanatory note page 3
Schedule 3
Amendment of Wentworth Irrigation Act 1890
Transfer restrictions
Item [2] repeals a section relating to transfer restrictions.
Item [3] inserts a new Part (sections 2331) on the lines of Schedule 3
(Transfer restrictions) to the Crown Lands (Continued Tenures) Act 1989, as
to be amended by the proposed Act. Sections 30 and 31 relate to the removal
of transfer restrictions from land within the Wentworth irrigation area.
Other amendments
Item [l] is a statute law revision amendment.
Item [4] is a consequential amendment.
Items [5] and [6] insert savings and transitional provisions.
Explanatory note page 4