New South Wales Consolidated Acts New South Wales Consolidated Acts(Parts 2, 3 of Schedule 2)
In this Schedule:
"lease" means a perpetual lease or a term lease.
(1) The holder of a lease holds the land comprised in the lease subject to any recordings on the folio of the Register created in respect of it and the provisions of this Act and the Principal Act.
(2) The holder of a lease shall:(a) comply with any provisions, conditions or covenants recorded on the folio of the Register created in respect of it,(b) comply with the requirements of any law relating to the use or management of the land leased,(c) comply with any conditions attaching to a Minister’s consent given in respect of the land, and(d) if there are any improvements on the land in the course of 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 those improvements insured against fire and any other prescribed risks with an insurer approved by the Minister.
(3) The holder of a lease shall not:(a) degrade the land leased,(b) without the Minister’s consent, extract any material in or on the land (not being material required by the holder for building or other purposes on the land or on contiguous land leased from the Crown by the holder),(c) without the Minister’s consent, take any timber on the land, other than:(i) timber taken under the authority of a clearing licence issued under the Forestry Act 1916 , or(ii) timber required by the holder for building or other purposes on the land or on contiguous land leased from the Crown by the holder, or(d) interfere with or obstruct any person authorised by law to cut timber on, or remove timber or materials from, the land or prevent such a person from using any gate or means of access provided by the person.
(4) A lease is held subject to the rights of the public or stock to use roads or travelling stock, camping or other reserves within the land leased.
(5) A Minister’s consent required under this clause:(a) may be given or refused at the Minister’s absolute discretion, and(b) may be given unconditionally or subject to conditions (including conditions requiring payments by way or royalty or otherwise).
(6) In this clause:
"material" includes gravel, sand, loam, stone, clay, shells and other prescribed material but does not include minerals within the meaning of the Mining Act 1992 .
"timber" includes the products of growing or dead timber, trees, shrubs and vegetable growth of economic value.