New South Wales Consolidated Acts

COMMONS MANAGEMENT ACT 1989 - SECT 16

16 Trust not to enter into land transactions without the consent or authority of the Minister

(1) A trust may not enter into any transaction with respect to the land vested in it, except as provided by this Division.

(2) Subject to section 19 (4), if a trust purports to enter into a land transaction that it is not empowered to enter into, the transaction is void.

(3) A trust established for a common located in the Western Division is not empowered to enter into any transaction involving the alienation of the land vested in the trust.

(4) Subject to subsection (3), a trust may enter into a transaction in respect of land vested in it but only if:

(a) the Minister has, on the application of the trust, consented to the transaction, or

(b) the trust has a general authority from the Minister to enter into transactions of that kind,

and in either case:

(c) the transaction and the instrument that gives effect to it comply with any requirements that the Minister may have imposed in giving that consent or when granting that authority, and

(d) where appropriate, the trust has complied with subsections (6) and (7).

(5) An application referred to in subsection (4) (a) must specify full particulars of the proposed transaction.

(6) If a trust established for a common located in the Eastern and Central Division proposes to sell any of the land vested in it, it must publish in a newspaper which circulates in the area in which that land is located a notice specifying:

(a) the date of the decision to sell that land and the terms of the proposed sale, and

(b) the location of that land, and

(c) such other particulars (if any) as are prescribed.

(7) Unless the trust has a general authority from the Minister authorising it to sell land that is vested in it, a trust must publish a notice under subsection (6) not less than 14 days before the trust makes its application to the Minister for consent to the sale.

(8) On receiving an application referred to in subsection (4) (a), the Minister:

(a) may consent to the proposed transaction to which the application relates as to the whole or any part of the land concerned, or

(b) may refuse the application altogether.

(9) In consenting to a proposed transaction in accordance with subsection (8) (a), the Minister may require:

(a) the terms and conditions of the proposed transaction to be varied in such manner, and the proposed transaction to be subject to such additional terms and conditions, as the Minister considers appropriate, and

(b) the proposed transaction to be conducted in such manner and within such period as the Minister specifies in the consent.

(10) Subject to subsection (11), the Minister:

(a) may, on the application of a trust, grant to the trust a general authority in writing authorising it to enter into transactions of a specified kind with respect to the land vested in it, and

(b) may, as a condition of granting such an authority, require any such transactions:

(i) to be subject to such conditions, restrictions, reservations and covenants, and

(ii) to be carried out in such manner and within such periods,

as the Minister specifies in the authority.

(11) Subsection (10) does not extend to mortgages, charges and other encumbrances.

(12) An application referred to in subsection (10) (a) must include such particulars as may be prescribed.

(13) Even if a trust has a general authority from the Minister granted in accordance with subsection (10), the trust must not enter into a transaction involving the alienation or leasing of, or the granting of a licence over, land vested in the trust unless the consideration for entering into the transaction has been approved by the Minister.

(14) The Minister may, at any time, revoke a consent or authority given for the purposes of this section or vary its terms, but only if to do so would not prejudice the rights of third parties.

(15) A reference in this section to a licence, or a reference in this section (subsections (1) and (2) excepted) to a transaction, does not include a reference to a temporary licence.