New South Wales Consolidated Acts

CROWN LANDS ACT 1989 - SECT 36

36 Conditions that may be included in contracts of sale

(1) The Minister may include in a contract of sale of Crown land, or impose in connection with the grant of an application to purchase land that is the subject of a holding within the meaning of the Crown Lands (Continued Tenures) Act 1989 , such conditions as the Minister determines including, but without being limited to:

(a) a condition for or with respect to the erection of a building on the land by the purchaser within a specified period,

(b) a condition for or with respect to an option or right for the Minister to repurchase the land on behalf of the Crown, or

(c) both of the conditions referred to in paragraphs (a) and (b).

(2) Without affecting the generality of subsection (1), conditions relating to the option or right of repurchase may:

(a) confer the option or right if the purchaser has failed to comply with a condition,

(b) confer the option or right if the purchaser wishes to sell or otherwise dispose of the land before the expiration of a specified period,

(c) require the purchaser to pay to the Minister an amount determined in a specified manner if the Minister does not exercise the option or right, and

(d) provide for the determination of the repurchase price.

(3) A condition included in a contract of sale of land does not merge in the transfer of title to the land on completion of the sale.

(4) The Registrar-General shall, at the request of the Minister, make in the Register a recording to signify:

(a) that land specified in the request is held subject to a condition, or

(b) that such a recording has ceased to have effect.

(5) The Minister shall not make a request under subsection (4) (a) except for the purpose of ensuring compliance with the conditions in the contract of sale under which the land was sold, but the Registrar-General is not concerned to inquire whether any such request has been made for the purpose.