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REAL PROPERTY (OYSTER LEASES) AMENDMENT BILL 1990
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The Fisheries and Oyster Farms (Oyster Leases) Amendment Bill 1990 is cognate
with this Bill.
The object of this Bill is to provide for the registration, under the Real Property
Act 1900, of oyster leases.
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
concerning oyster leases.
Clause 4 is a formal provision that gives effect to the Schedule of amendments by
way of statute law revision.
SCHEDULE 1 - AMENDMENTS CONCERNING OYSTER LEASES
Land comprised in oyster leases
Schedule 1 (3) amends Schedule 2 to the Principal Act to include a reference to
Crown lands dealt with under Part 5 of the Fisheries and Oyster Farms Act 1935 (that
is, land for the most part comprised in oyster leases). The effect is to apply section
13 of the Principal Act to those lands,' so that they may be brought under the
provisions of the Principal Act.
Schedule 1 ( 1 ) amends section 13F of the Principal Act in order to allow the
Registrar-General to record an interest in an oyster lease when the land comprised
in the lease has been brought under the provisions of the Principal Act.
Schedule 1 (2) inserts a new section 28F into the Principal Act in order to allow
the Registrar-General, when creating a folio of the Register in the name of the
holder of an
lease, to create the folio as a qualified folio so as to preserve
interests of which the Registrar-General was without notice at the time the folio was
created.
SCHEDULE 2 - AMENDMENTS BY WAY OF STATUTE LAW REVISION
The opportunity has been taken to repeal and re-enact the provisions contained
in sections 13F, 13K, 13M and 39A of the Principal Act in order to make those
provisions more explicit.
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