New South Wales Consolidated Acts New South Wales Consolidated Acts(Sections 6-13)
(Section 6)
In this Part:
"incomplete purchase" does not include a purchase made after the commencement
of this Part or a tenure derived from any such purchase.
In a folio of the Register relating to an incomplete purchase or to land formerly comprised in an incomplete purchase:
(a) a reference to an Act repealed by the Principal Act shall be taken to be a reference to the Principal Act and this Act,
(d) a reference to section 146, 146B or 257 of the Crown Lands Consolidation Act 1913 or to section 3 of the Closer Settlement (Amendment) Act 1918 shall be taken to be a reference to Schedule 4 (subdivision of holdings),
(e) a reference to section 235A of the Crown Lands Consolidation Act 1913 shall be taken to be a reference to section 172 (land with boundaries to lakes, roads etc) of the Principal Act,
(f) a reference to section 12 of the Closer Settlement (Amendment) Act 1919 shall be taken to be a reference to clause 3 (payments generally),
(g) a reference to section 136L of the Crown Lands Consolidation Act 1913 shall be taken to be a reference to Division 5 of Part 4 of the Principal Act (easements),
(h) a reference to section 142 of the Crown Lands Consolidation Act 1913 in relation to restrictions on land use shall be taken to be a reference to clause 7 (restrictions on use-certain land in special land districts),
(i) a reference to section 147 of the Crown Lands Consolidation Act 1913 shall be taken to be a reference to Part 6 of the Principal Act (forfeiture of holdings), and
(j) a reference to section 109 (3), 183 (1) or 184 (1) (h) of the Crown Lands Consolidation Act 1913 shall be taken to be a reference to that provision as continued by clause 17 (4) of Schedule 8 to the Principal Act (payment of cost of deferred surveys).
(1) The balance of purchase money and any other money payable under the provisions of an Act repealed by the Principal Act or under section 28B or 28BB of the Western Lands Act 1901 (as in force before the commencement of this clause) in respect of an incomplete purchase are, subject to this Act, payable under this Act as if those provisions were contained in this Act.
(2) An amount shown as payable in the records of the Department in respect of an incomplete purchase is, unless the contrary is proved, payable in the manner and at the time indicated in those records.
(3) If:(a) money is payable to the Crown in respect of an incomplete purchase by half-yearly or annual instalments, and(b) the annual rate of interest payable on the money would, but for this subclause, be less than 8 per cent,the annual rate of interest so payable is, from the commencement of this clause, increased to 8 per cent.
(4) If the interest rate in respect of money payable to the Crown is increased, the Minister may adjust the half-yearly or annual instalments so that the total amount owing is paid over the same or a longer period.
(5) If the purchase price (whether with or without interest added) of an incomplete purchase is, immediately before the commencement of this clause, payable by annual instalments of less than $100, the annual instalments are increased to $100 as from that commencement.Note: See Part 1B of this Act in relation to minimum instalments on certain purchases after 1 July 2004.
(6) If the balance of purchase money and interest owing in respect of an incomplete purchase is at any time less than the amount to which an instalment is increased under subclause (5), the balance only is payable.
(7) If:(a) the purchase price for an incomplete purchase, or(b) any other amount payable in respect of the incomplete purchase,without the interest added, is payable by equal annual instalments over a period, the Minister may vary the manner of payment so that the purchase price or other amount, with the interest added, is payable by equal annual instalments over the same or a longer period.
(8) The balance of purchase money in respect of a conditional purchase taken up before 10 August 1875 which has not been brought under the instalment system is payable in full on the first due date for payment of interest occurring after the commencement of this clause.
(9) On the subdivision of land in an incomplete purchase to which Schedule 4 does not apply the Minister may apportion to each portion of the subdivided land, in a way that to the Minister seems appropriate, the purchase money and any other amounts payable in respect of the incomplete purchase.
(10) Despite the other provisions of this clause but without affecting any liability to make a payment due but unpaid before the commencement of this clause:(a) any instalment of the value of timber treatment under the Crown Lands (West Bogan Settlers) Improvements Relief Act 1943 , and(b) the interest on such an instalment,that but for this subclause would be payable after that commencement in respect of an incomplete purchase are waived.
(1) This clause supplements clause 3 in relation to incomplete purchases in special land districts.
(2) In clause 3 (1) the reference to the provisions of an Act repealed by the Principal Act includes a reference to section 18A of the Irrigation Act 1912 (repealed by the Miscellaneous Acts (Crown Lands) Amendment Act 1989 ).
(3) In clause 3 (2) the reference to the Department includes, in relation to an incomplete purchase in a special land district, a reference to the Water Administration Ministerial Corporation, the Department of Water Resources and the State Bank.
(4) In clause 3 (3) and (4) a reference to the Crown includes, in relation to an incomplete purchase in a special land district, a reference to:(a) the Water Administration Ministerial Corporation and the Department of Water Resources, and(b) the State Bank or, if another person or body is prescribed for the purposes of this paragraph, that other person or body.
(5) If:(a) by virtue of clause 3 (1) a provision of an Act repealed by the Principal Act applies to an incomplete purchase in a special land district,(b) there is a reference to the State Bank in the provision, and(c) a person or body other than the State Bank is prescribed for the purposes of this paragraph,the reference to the State Bank shall be read as a reference to that other person or body.
(6) If the purchase price (whether with or without interest added) of an incomplete purchase in a special land district is, immediately before the commencement of this clause, payable by half-yearly instalments of less than $50, the half-yearly instalments are increased to $50 as from that commencement.Note: See Part 1B of this Act in relation to minimum half-yearly instalments on certain purchases after 1 July 2004.
(7) If, in respect of an incomplete purchase in a special land district, the balance of purchase money and interest owing is at any time less than the amount to which an instalment is required to be increased under subclause (6), the balance only is payable.
(8) If, in respect of an incomplete purchase in a special land district:(a) the purchase price or any other amount payable (without the interest added) is payable by equal half-yearly instalments over a period, or(b) the purchase price or any other amount payable (with the interest added) is payable by equal half-yearly instalments over a period,the Minister may vary the manner of payment so that the purchase price or other amount, with the interest added, is payable by equal annual instalments over the same or a longer period.
(1) In this clause, a reference to a transfer does not include a reference to a change of ownership arising by way of:(a) a devise under a will,(b) the taking of an interest under an intestacy,(c) survivorship of a joint tenant,(d) a discharge of mortgage,(e) a transfer to the Official Trustee in Bankruptcy,(f) a transfer by order of the Family Court or under a provision of the Family Law Act 1975 of the Commonwealth (other than a transfer to a person who is not a party to, or a child of, the marriage), or(g) a transfer by order of any other court (other than a transfer effected under a writ of execution) if the Minister has directed that this clause is not to apply to the transfer.
(2) On the recording in a folio of the Register of the first transfer of the whole or a part of an incomplete purchase after the commencement of this clause, all money owing to the Crown in respect of the holding (whether or not payable by instalments which have not then become due) becomes due and payable.
(3) An amount due under this clause and unpaid is payable by the holder for the time being of the incomplete purchase.
(4) An amount due under this clause bears interest at the following rates from the date the amount becomes due to the date of payment:(a) for the first 3 months-a rate which is the same as the rate for the time being applying to the payment of the purchase money for the holding,(b) after that-the rate for the time being prescribed for the purposes of this paragraph.
(5) Action to forfeit an incomplete purchase may not be taken in respect of non-payment of an amount due under this clause earlier than 3 months after the due date for payment.
(1) The holder of an incomplete purchase has an estate in fee simple in the land comprised in the purchase subject to any recordings in the folio of the Register created in respect of it and to the provisions of this Act, the Principal Act and, if the purchase is in the Western Division, the Western Lands Act 1901 .
(2) The holder of an incomplete purchase shall:(a) comply with any provisions, conditions or covenants recorded in the folio of the Register created for the holding,(b) comply with the requirements of any law relating to the use or management of the land being purchased, and(c) if there are on the land any improvements being purchased from the Crown:(i) maintain those improvements in good order and repair, and(ii) if required by the Minister to do so-keep the improvements insured against fire and any other prescribed risks with an insurer approved by the Minister.
(3) The holder of an incomplete purchase shall not do, permit or suffer anything that will materially degrade the land being purchased.
Land comprised or formerly comprised in an incomplete purchase in a special land district shall not be used to plant:
(a) an area of orchard or vineyard to a greater extent than 5 000 square metres or, if some other area is specified in the conditions attached to the land, that other area,
(b) any fruit trees, vines or plantings or a specified class of fruit trees, vines or plantings, or
(c) an area of fruit trees, vines or plantings, or an area of a specified class of fruit trees, vines or plantings, in excess of a specified area,if a condition to that effect was attached to the land immediately before the commencement of this clause (unless the planting is in accordance with an approval or consent given as provided by the condition).
(Section 7)
In a folio of the Register relating to a perpetual lease:
(a) a reference to an Act repealed by the Principal Act shall be taken to be a reference to the Principal Act and this Act,
(b) a reference to:(i) section 101, 129, 265, 272 or 274 of the Crown Lands Consolidation Act 1913 or to a provision of any of those sections,(ii) section 145A of the Crown Lands Consolidation Act 1913 or to a provision of that section so far as it relates to irrigation farm leases or non-irrigable leases,(iii) section 11 of the Closer Settlement Amendment (Conversion) Act 1943 or to a provision of that section (other than subsection (1A)),(iv) section 10 of the Returned Soldiers Settlement Act 1916 or to a provision of that section, or(v) section 20 of the Prickly-pear Act 1924 or to a provision of that section,in relation to restrictions on dealings shall be taken to be a reference to Part 1 of Schedule 3 (transfer restrictions),
(c) a reference to:(i) section 145A of the Crown Lands Consolidation Act 1913 or to a provision of that section so far as it relates to town land leases, or(ii) section 274A of the Crown Lands Consolidation Act 1913 or to a provision of that section,shall be taken to be a reference to Part 2 of Schedule 3 (transfer restrictions),
(d) a reference to section 146 or 257 of the Crown Lands Consolidation Act 1913 or to section 21B of the Prickly-pear Act 1924 shall be taken to be a reference to Schedule 4 (subdivision of holdings),
(e) a reference to section 142D of the Crown Lands Consolidation Act 1913 in relation to restrictions on land use shall be taken to be a reference to clause 6 (restrictions on use-certain land in special land districts),
(f) a reference to section 147 of the Crown Lands Consolidation Act 1913 shall be taken to be a reference to Part 6 of the Principal Act (forfeiture of holdings),
(g) a reference to section 235A of the Crown Lands Consolidation Act 1913 shall be taken to be a reference to section 172 (land with boundaries to lakes, roads etc) of the Principal Act,
(h) a reference to section 12 of the Closer Settlement (Amendment) Act 1919 shall be taken to be a reference to clause 2 of Schedule 5 (payment of rent etc), and
(i) a reference to section 109 (3), 183 (1) or 184 (1) (h) of the Crown Lands Consolidation Act 1913 shall be taken to be a reference to that provision as continued by clause 17 (4) of Schedule 8 to the Principal Act (payment of cost of deferred surveys).
Schedule 5 applies to and in respect of the rent and other money payable in respect of a perpetual lease.
Schedule 6 applies to and in respect of perpetual leases.
(1) Land held under perpetual lease (other than land in a special land district) may be purchased under the provisions of Part 1 of Schedule 7.
(2) Land held under perpetual lease in a special land district may be purchased under Part 2 of Schedule 7.
(3) This clause does not apply to land within the Western Division which was held under a homestead selection or grant under the Crown Lands Acts immediately before the commencement of this clause.
Schedule 7A has effect.
(1) The Minister may, on application by the holder of a perpetual lease, add vacant Crown land to the lease.
(2) On the addition of the land to the lease, the lease becomes, in respect of the added land, subject to such rent and conditions as are determined by the Minister.
(3) The Minister shall cause particulars of the addition to be notified in the Gazette.
(4) The Registrar-General may create such folios of, and make such recordings in, the Register as are in the Registrar-General’s opinion necessary to give effect to the addition.
(5) Land may not be added to a lease under this clause unless the Minister is satisfied that the land has been assessed under Part 3 of the Principal Act.
Land comprised in an irrigation farm lease or a non-irrigable lease shall not be used to plant:
(a) an area of orchard or vineyard to a greater extent than 5 000 square metres or, if some other area is specified in the conditions attached to the land, that other area,
(b) any fruit trees, vines or plantings or a specified class of fruit trees, vines or plantings, or
(c) an area of fruit trees, vines or plantings, or an area of a specified class of fruit trees, vines or plantings, in excess of a specified area,if a condition to that effect was attached to the land immediately before the commencement of this clause (unless the planting is in accordance with an approval or consent given as provided by the condition).
(Section 8)
In a folio of the Register relating to a term lease:
(a) a reference to an Act repealed by the Principal Act shall be taken to be a reference to the Principal Act and this Act,
(b) a reference to:(i) section 265, 272 or 274 of the Crown Lands Consolidation Act 1913 or to a provision of any of those sections, or(ii) section 20 of the Prickly-pear Act 1924 or to a provision of that section,in relation to restrictions on dealings shall be taken to be a reference to Part 1 of Schedule 3 (transfer restrictions),
(c) a reference to section 257 of the Crown Lands Consolidation Act 1913 or to section 21B of the Prickly-pear Act 1924 shall be taken to be a reference to Schedule 4 (subdivision of holdings),
(d) a reference to section 235A of the Crown Lands Consolidation Act 1913 shall be taken to be a reference to section 172 (land with boundaries to lakes, roads etc) of the Principal Act, and
(e) a reference to section 109 (3), 183 (1) or 184 (1) (h) of the Crown Lands Consolidation Act 1913 shall be taken to be a reference to that provision as continued by clause 17 (4) of Schedule 8 to the Principal Act (payment of cost of deferred surveys).
Schedule 5 applies to and in respect of the rent and other money payable in respect of a term lease.
Schedule 6 applies to and in respect of term leases.
A holder who, with the consent of the Minister, remains in possession of land after the expiration of a term lease, does so as a tenant from month to month:
(a) at a rent per month equal to one-twelfth of the yearly rent, and
(b) subject to the conditions,applicable to the lease immediately before its expiration.
Land held under a term lease may be purchased under Part 1 of Schedule 7.
(Section 10)
In a folio of the Register relating to a special lease:
(a) a reference to the Crown Lands Consolidation Act 1913 shall be taken to be a reference to the Principal Act and this Act,
(b) a reference:(i) in relation to restrictions on dealings-to section 75A or 75B of the Crown Lands Consolidation Act 1913 or to a provision of either of those sections, or(ii) to clause (12) of Regulation 106 of the Crown Lands Regulations ,shall be taken to be a reference to Part 1 of Schedule 3 (transfer restrictions),
(c) a reference to section 257 of the Crown Lands Consolidation Act 1913 shall be taken to be a reference to Schedule 4 (subdivision of holdings), and
(d) a reference to section 235A of the Crown Lands Consolidation Act 1913 shall be taken to be a reference to section 172 (land with boundaries to lakes, roads etc) of the Principal Act.
Schedule 5 applies to and in respect of the rent and any other money payable in respect of a special lease.
(1) Subject to this Act and the Principal Act, a special lease remains subject to the conditions to which it was subject immediately before the commencement of this clause.
(2) The holder of a special lease which has been brought under the provisions of the Real Property Act 1900 holds the land comprised in the lease subject to any recordings on the folio of the Register created in respect of it and to the provisions of this Act and the Principal Act.
(3) The holder of a special lease shall comply with any conditions to which the lease is subject and with any provisions, conditions or covenants recorded on the folio of the Register created in respect of it.
(4) A condition of a special lease which provides for the determination of a matter by a local land board (other than a determination which is, in effect, a review of a decision of the Minister) shall be read as providing for the determination of the matter by the Minister.
(5) If a condition of a special lease or any law provides for an appeal against any such determination of a local land board, the condition or law shall be read as providing for an appeal against a determination of the Minister.
(6) If a condition of a special lease provides for the exercise of a function by a specified officer, the function may, with the authority of the Minister, be exercised by another officer.
(1) The holder of a special lease for a term of years (other than a special lease granted over an expired conditional lease, the holder of which had failed to apply for extension of the term of the lease) may, during the currency of the lease:(a) apply to the Minister to purchase the land leased, or(b) apply to the Minister for a new lease of the land,under the provisions of the Principal Act.
(2) The Minister has an absolute discretion to grant or refuse an application.
Land held under a special lease in perpetuity or a special lease for a term of years granted over an expired conditional lease (the holder of which had failed to apply for extension of the term of the lease) may be purchased under Part 1 of Schedule 7.
The holder of a special lease for a term who, with the consent of the Minister, remains in possession of land after the expiration of the special lease, does so as a tenant from month to month:
(a) at a rent per month equal to one-twelfth of the yearly rent, and
(b) subject to the conditions,applicable to the lease immediately before its expiration.
(Section 11)
(1) The rent, royalty, security deposit and any other money payable under the provisions of an Act repealed by the Principal Act in respect of a permissive occupancy are, subject to this Act and the Principal Act, payable under this Act as if those provisions were contained in this Act.
(2) Subject to this Act and the Principal Act, any amount shown as payable in the records of the Department in respect of a permissive occupancy is, unless the contrary is proved, payable in the manner and at the time indicated in those records.
(3) The rent of a permissive occupancy is payable in advance.
(1) The rent of a permissive occupancy may be redetermined by the Minister at any time.
(2) A redetermination of rent takes effect from the first due date that is not earlier than 3 months after notice of the redetermination has been given by the Minister to the holder.
(3) Clauses 11 and 12 of Schedule 5 apply to a redetermination of the rent of a permissive occupancy in the same way as they apply to the redetermination of the rent of a lease.
(1) The Minister may from time to time review the amount of royalty payable, and the amount of any security deposited, in respect of a permissive occupancy.
(2) If the Minister is of the opinion that the amount of the royalty or security should be changed the Minister shall serve a notice to that effect on the holder.
(3) The amount of the royalty or security changes as provided by the notice with effect from a date stated for the purpose in the notice.
(1) Subject to this Act and the Principal Act, a permissive occupancy remains subject to the conditions to which it was subject immediately before the commencement of this clause.
(2) A condition of a permissive occupancy which provides for the determination of a matter by a local land board shall be read as providing for the determination of the matter by the Minister.
(3) If a condition of a permissive occupancy or any law provides for an appeal against any such determination of a local land board, the condition or law shall be read as providing for an appeal against a determination of the Minister.
(4) If a condition of a permissive occupancy provides for the exercise of a function by a specified officer, the function may, with the authority of the Minister, be exercised by another officer.
A permissive occupancy is terminable at will by the Minister.
(Section 13)
This Part applies to leases to the Commonwealth under section 69A of the Crown Lands Consolidation Act 1913 .
Any condition of a lease to the Commonwealth which provides for the redetermination or reappraisement of the rent by a local land board shall be read as providing for the redetermination of the rent by the Minister.
Clauses 11 and 12 of Schedule 5 apply to a redetermination or reappraisement of the rent of a lease to the Commonwealth in the same way as they apply to the redetermination of the rent of a lease within the meaning of Schedule 5.