New South Wales Bills Explanatory Notes New South Wales Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
FISHERIES AND OYSTER FARMS (OYSTER LEASES)
AMENDMENT BILL 1998
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
This Bill is cognate with the Real Property (Oyster Leases) Amendment Bill 1990.
The objects of this Bill are:
(a) to regulate the creation of mortgages and charges over oyster leases; and
(b) to require dealings concerning certain leaseholds that have been brought
under the provisions of the Real Property Act 1900 to be carried out in
accordance with that Act.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a proclaimed
day or days.
Clause 3 is a formal provision that gives effect to the Schedule of amendments.
SCHEDULE 1 - AMENDMENTS
Mortgages and charges over oyster leases: Minister's consent required
Schedule 1 (1) inserts a new section 70 into the Principal Act, requiring the
consent of the Minister to be obtained before a mortgage or charge is created over
an oyster lease and before the exercise of any right of entry into possession, leasing
or foreclosure by a mortgagee or chargee.
Schedule 1 (4) inserts a new section 89 into the Principal Act, for the purpose of
requiring dealings with oyster leases to be effected in accordance with the Real
Property Act 1900 if the land comprised in the oyster lease has been brought under
the provisions of that Act.
Schedule 1 (2) and (3) amend sections 74 and 83 of the Principal Act so as to
provide that the notification of certain rights of way over oyster reserves, and any
declaration of a public oyster reserve (or the revocation of such a declaration) only
have effect in relation to Torrens title land when an appropriate entry is made in the
Register of Land Titles.
2