New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 19)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of:Schedule 1 to the Crown Lands and Irrigation Legislation Amendment (Transfer Restrictions) Act 1997Schedule 1 to the Crown Lands and Irrigation Legislation Amendment (Removal of Transfer Restrictions) Act 1997Schedule 2 to the Crown Lands Legislation Amendment (Budget) Act 2004Crown Lands Legislation Amendment Act 2005
(2) Such a provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which such a provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this
Part:
"amending Act" means the Crown Lands and Irrigation Legislation Amendment
(Transfer Restrictions) Act 1997 .
An application for a certificate from the Minister made under clause 10 of Part 1 of Schedule 3 that was not determined before the repeal of that clause by Schedule 1 [9] to the amending Act is taken to be an application made under clause 8 of Part 1 of Schedule 3 as amended by Schedule 1 [7] and [8] to the amending Act.
In this Part:
"amending Act" means the Crown Lands and Irrigation Legislation Amendment
(Removal of Transfer Restrictions) Act 1997 .
An application for consent made under clause 4 of Part 1 of Schedule 3 that was not determined before the amendment of clause 5 of Part 1 of Schedule 3 by Schedule 1 [21] to the amending Act is to be dealt with under clause 5 of Part 1 of Schedule 3 as so amended.
On commencement of the amending Act, any reference to Part 1 or 2 of Schedule 3 on a folio of the Register created in respect of an incomplete purchase or land formerly comprised in an incomplete purchase ceases to have effect in respect of that purchase or land.
Note: See also Part 4 of Schedule 8 to the Principal Act.
In
this Part:
"amending Act" means the Crown Lands Legislation Amendment (Budget) Act 2004 .
"lease" means a perpetual lease, special lease, term lease or Commonwealth
lease.
(1) Part 1A of this Act, as inserted by the amending Act, applies to the rent of a lease in respect of any due date that occurs on or after 1 July 2004 (whether or not the rent was paid in advance before that date).
(2) This clause is subject to Part 4 of Schedule 8 to the Principal Act.Note: Part 4 of Schedule 8 to the Principal Act provides for the phasing-in of minimum rent provisions.
(1) Schedule 7A, as inserted by the amending Act, extends to an application to purchase that was made, but not approved by the Minister, before 1 July 2004.
(2) Part 1B of this Act, as inserted by the amending Act, extends to an incomplete purchase that had effect immediately before 1 July 2004.
(3) This clause, as substituted by the Crown Lands Legislation Amendment Act 2005 , is taken to have commenced on 1 July 2004.
(1) This clause applies if the purchase price (whether with or without interest added) of an incomplete purchase is, immediately before 1 July 2004, payable by annual instalments and Part 1B of this Act (as inserted by the amending Act) applies in respect of the instalments.
(2) For the purposes of Part 1B:(a) the minimum annual instalment is taken, in respect of any due date occurring on or after 1 July 2004 and before 1 July 2005, to be $200, and(b) the minimum annual instalment is taken, in respect of any due date occurring on or after 1 July 2005 and before 1 July 2006, to be $300.
(3) For avoidance of doubt, in respect of a due date occurring on or after 1 July 2006, the minimum annual instalment is to be determined as provided by Part 1B.
(1) This clause applies if the purchase price (whether with or without interest added) of an incomplete purchase is, immediately before 1 July 2004, payable by half-yearly instalments and Part 1B of this Act (as inserted by the amending Act) applies in respect of the instalments.
(2) For the purposes of Part 1B:(a) the minimum half-yearly instalment is taken, in respect of any due date occurring on or after 1 July 2004 and before 1 July 2005, to be $100, and(b) the minimum half-yearly instalment is taken, in respect of any due date occurring on or after 1 July 2005 and before 1 July 2006, to be $150.
(3) For avoidance of doubt, in respect of a due date occurring on or after 1 July 2006, the minimum half-yearly instalment is to be determined as provided by Part 1B.
(1) If any additional amount of rent or of an instalment is payable in respect of a lease or incomplete purchase as a consequence of the amendments made to this Act by the amending Act, that additional amount does not become due and payable until the date notified to the holder of the lease or purchaser (as appropriate), by the Minister as being the due date in respect of such additional amount.Note: Accordingly, interest does not become payable in respect of such additional amounts under section 148 of the Principal Act until the holder is notified of the additional amount payable.
(2) Subclause (1) ceases to have effect on 1 July 2005.
In this Part:
"amending Act" means the Crown Lands Legislation Amendment Act 2005 .
The amendments made to clause 12 of Schedule 5 by the amending Act apply in relation to determinations or redeterminations of rent by the Minister whether before or after the commencement of those amendments.
The amendments made to Schedules 7 and 7A by the amending Act extend to applications to purchase land that were made, but not approved by the Minister, before the commencement of those amendments.