New South Wales Consolidated Acts New South Wales Consolidated Acts(Parts 1-3, 5 of Schedule 2, clause 6 of Part 1, clause 4 of Part 2 of Schedule 7)
This Schedule applies to land comprised in any holding only if:
(a) specific provision to that effect is elsewhere made by or under this Act, or
(b) the folio of the Register created in respect of the land contains a reference to this Schedule or a reference to a provision which by this Act is taken to be a reference to this Schedule.
(1) A holder may not, without the Minister’s approval, subdivide land to which this Schedule applies.
(2) An application for approval shall be made as prescribed.
(3) The applicant shall meet all costs incurred in dealing with the application.
(4) The Minister may refuse the application or, with the consent of the Water Administration Ministerial Corporation, approve the subdivision either unconditionally or conditionally.
(5) A condition of an approval also has effect as a condition attaching to any holding resulting from the subdivision that is a holding to which the condition relates.
(6) The Minister may make such consequential alterations to the conditions or purpose of a subdivided holding as the Minister considers are necessary as a result of the subdivision.
(1) The Minister may exclude from a subdivision any areas required for roads of access to the subdivided portions.
(2) Excluded areas are, on approval being given to the subdivision, surrendered to the Crown free from any right to compensation.
(1) In this clause:
"rent base", in respect of a lease the rent of which is not subject to redetermination, means the amount used as the basis for adjusting the rent in line with movements in the Consumer Price Index.
(2) The Minister may apportion:(a) any purchase price, instalments of purchase money, rent or other money payable in respect of a subdivided holding, or(b) any rent base for a subdivided holding,to each portion of the subdivided holding in a way that to the Minister seems appropriate.
(3) If a part of a rent base apportioned under subclause (2) to a portion of a lease is less than $100, that part of the rent base is increased to $100.
(4) A part of a purchase price apportioned under subclause (2) to a portion of a subdivided holding shall be taken, for the purposes of clause 11 of Part 1 of Schedule 7 or clause 9 (4) of Part 2 of Schedule 7 (adjustment of purchase price in line with Consumer Price Index), to have been the purchase price of the portion as at the commencement of the clause.
(5) A part of a rent base apportioned under subclause (2) to a portion of a lease (or such a part of a rent base as increased under subclause (3)) shall be taken, for the purposes of clause 5 of Schedule 5 (adjustment of certain rents in line with Consumer Price Index), to have been the annual rent of the portion as at the commencement of the clause.
(6) The annual rent of a portion of a subdivided lease (as apportioned under subclause (2)) is, if it is less than the amount that would have been payable had the portion always been a separate lease subject to a rent base ascertained in respect of it under this clause, increased to that amount.
(7) This clause does not apply in respect of the determination of the annual rent of a portion of a subdivided lease if Part 1A of this Act applies in respect of the rent of the lease.
(1) This clause applies in respect of the determination of the annual rent of a portion of a subdivided lease if Part 1A of this Act applies in respect of the rent of the lease.
(2) If a subdivided lease is subject to redetermination, the Minister may determine the rent in respect of each portion of the subdivided lease.
(3) If a subdivided lease is not subject to redetermination, the Minister may apportion the rent and rent base for the subdivided lease to the portions of the leases as the Minister considers appropriate.
(4) A part of a rent base apportioned to a portion of a lease under this clause is taken, for the purpose of section 4D, to have been the annual rent of the portion of the lease as at the last due date occurring before 1 July 2004. The annual rent of the portion of the lease is to be determined accordingly.
On approval being given to a subdivision of a holding each portion of the subdivided holding shall be held and be transferable as a separate holding of the same kind as the subdivided holding.
If a certificate has been issued under clause 8 of Part 1 or clause 6 of Part 2 of Schedule 3 (removal of restrictions on transfer) (as in force before its amendment by the Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997 ) in respect of:
(a) land formerly comprised in an irrigation farm purchase or in an incomplete purchase of an irrigation farm lease, being land not exceeding 2 hectares in area to which no water rights are attached,
(b) land formerly comprised in a non-irrigable purchase or in an incomplete purchase of a non-irrigable lease, being land declared by the Minister to be non-farming land, or
(c) land formerly comprised in a town land purchase or in an incomplete purchase of a town land lease, being land in respect of which any conditions relating to improvements have been complied with,the approval of the Minister is not required to any subsequent subdivision of the land.