Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Crown Lands Act 1989 (the principal Act) to
extend the provisions relating to the granting of special purpose leases to land within
the Eastern and Central Division of New South Wales. The Western and Crown
Lands Amendment (Special Purpose Leases) Act 2008 inserted provisions into the
principal Act to facilitate the granting of special purpose leases in relation to land
within the Western Division of New South Wales.

Special purpose leases are able to co-exist with certain other tenures and allow for
the establishment of renewable energy generators (such as wind farms) over land that
is leased for other purposes (such as grazing purposes). While most of the land may
remain available for such other purposes, any particular part of it (other than the site
of a dwelling-house or other significant improvement) could become the site of a
renewable energy generator. However, in the case of land that is already the subject
of some other tenure, it is only possible to grant a special purpose lease with the
consent of the holder of that tenure.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

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Explanatory note page 2

Crown Lands Amendment (Special Purpose Leases) Bill 2009
Explanatory note
Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.

Clause 3 amends the principal Act to enable the Minister to declare any land within
the Western Division or the Eastern and Central Division to be a development district
for the purposes of the provisions relating to special purpose leases. The Act
currently allows such a declaration only in respect of land within the Western
Division. Such a declaration must designate an approved purpose for which a special
purpose lease may be granted over land in a development district. Approved
purposes include the construction and operation of facilities to harness energy and
convert it into electricity and such other purposes as are approved by proclamation.

Clause 3 also makes a consequential amendment.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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