New South Wales Consolidated Acts New South Wales Consolidated Acts(Parts 2, 3 and 5 of Schedule 2)
This Part applies to land comprised in a perpetual lease, a term lease or a special lease but only if:
(a) the folio of the Register created in respect of the land contains a reference to this Part or a reference to a provision which by this Act is to be taken to be a reference to this Part, or
(1) Land to which this Part applies may not be transferred, leased, subleased, assigned or otherwise dealt with without the written consent of the Minister.
(2) Subclause (1) does not apply to:(a) a mortgage or discharge of mortgage, or(c) a transfer to a Minister on behalf of the Crown, or to a public authority, of land comprised in a perpetual lease.
(3) In this clause:
"public authority" means:(a) a council within the meaning of the Local Government Act 1993 , or(b) a public body declared by the Minister, by order published in the Gazette, to be a public authority for the purposes of this clause.
A transfer, lease, sublease, conveyance, assignment or other dealing in contravention of this Part is not valid for any purpose.
An application for consent shall be made as prescribed.
(1) The Minister has discretion to give or refuse consent to a dealing with land to which this Part applies.
(1) A holder of land to which this Part applies may apply to the Minister for the issue of a certificate that the land may be transferred or otherwise dealt with without the consent of the Minister.
(2) Such a certificate may be issued by the Minister if the land is of a prescribed class or if the land has a dwelling on it and:(a) does not exceed 4 050 square metres in area,(b) was made available for the erection of a dwelling, or(c) is a parcel within the meaning of the Strata Schemes (Freehold Development) Act 1973 .
(5) If the Minister issues a certificate under this clause in respect of any land, the Minister’s consent is not required to any subsequent transfer of, or other dealing with, the land.
(6) The effect of the issue of a certificate shall be recorded by the Registrar-General in the Register.
(7) In this clause:
"holder" includes a mortgagee in possession.
This Part applies to land comprised in a holding but only if:
(a) the folio of the Register created in respect of the land contains a reference to a provision which by this Act is taken to be a reference to this Part, or
(1) Land to which this Part applies shall not be transferred without the written consent of the Minister.
(2) Subclause (1) does not apply to:(a) a mortgage or discharge of mortgage, or(b) a transfer to a Minister on behalf of the Crown, or to a public authority, of land comprised in a perpetual lease.
(3) In this clause:
"public authority" means:(a) a council within the meaning of the Local Government Act 1993 , or(b) a public body declared by the Minister, by order published in the Gazette, to be a public authority for the purposes of this clause.
A transfer in contravention of this Part is not valid for any purpose.
An application for consent shall be made as prescribed.
(1) The Minister has discretion to give or refuse consent to any transfer of land to which this Part applies.
(2) If the Minister is satisfied that a certificate that the land may be transferred without consent would, on application, be issued under clause 6, the Minister may, instead of giving consent, issue such a certificate as if an application for removal of restrictions had been made.
(1) A holder of land to which this Part applies may apply to the Minister for a certificate that the land may be transferred without the consent of the Minister.
(2) A certificate shall not be issued in respect of the land comprised in a perpetual lease that is a week-end lease unless the land does not exceed 4 050 square metres in area and a dwelling is erected on the land.
(4) A certificate shall be issued if the land was sold subject to a condition requiring the erection of a dwelling on the land and the Minister is satisfied that the dwelling has been erected or has waived compliance with the condition.
(5) A certificate shall also be issued if the land:(a) is comprised in a town land lease,and there are no special conditions relating to improvements applying to the land or, if there are, the Minister is satisfied that they have been complied with.
(6) If the Minister issues a certificate under this clause in respect of any land, the Minister’s consent is not required to any subsequent transfer of the land.
(7) The effect of the issue of a certificate shall, on application, be recorded by the Registrar-General in the Register.