New South Wales Consolidated Acts

FORESTRY ACT 1916 - SECT 16A

16A Exchange of land dedicated as State forest

(1) Subject to this section, and notwithstanding anything contained in any Act, the Minister may, on behalf of the Crown and the commission, enter into an agreement for the sale or other disposal of land dedicated as State forest subject to the sale of other land, or of an interest in other land, to the Crown for the purpose of a State forest or for access thereto.

(2) An agreement entered into under subsection (1) may contain such provisions, stipulations, covenants, terms and conditions as the Minister thinks fit and, without limiting the generality of the foregoing provisions of this subsection, may make provision for and with respect to:

(a) the addition to an existing holding, to be held as part thereof, of the land sold or otherwise disposed of on behalf of the Crown, or the tenure upon which it is to be held under an Act relating to the disposal of land vested in the Crown,

(b) the price, value, capital value, rent, or capital value and rent, attributable to the land sold or otherwise disposed of on behalf of the Crown and, where appropriate, the price payable for land, or an interest in land, sold to the Crown,

(c) the surrender to the Crown, before land dedicated as State forest is compulsorily acquired for the purpose of giving effect to the agreement, of any estate or interest in that land,

(d) the giving, taking or retention of possession, pending implementation of the agreement, of land affected by the agreement, and the terms and conditions thereof,

(e) the receipt by the commission of moneys otherwise payable to the Crown under the agreement.

(3) The Minister shall not enter into an agreement under subsection (1) unless the Minister is satisfied that:

(a) execution of the proposed agreement has been recommended by the commission,

(b) the Minister administering the provisions of an Act, other than this Act, relating to dealings with land vested in the Crown has approved the proposed agreement in so far as it relates to the grant of or other dealing with land that, pursuant to the agreement, is to be held subject to those provisions and in so far as it relates to the terms and conditions upon which it is to be so held,

(c) a copy of the proposed agreement has, where it provides for the sale or other disposal of dedicated land that exceeds 20 hectares in area, been laid before both Houses of Parliament, and

(d) where compliance with paragraph (c) is required:

(i) that notice has not been given in either House of Parliament within fifteen sitting days after a copy of the proposed agreement has been laid before it, of a motion that the agreement be not entered into, or

(ii) where any such notice is given, that the motion pursuant thereto has been withdrawn or defeated.

(4) Subsection (3) shall not operate to prevent the Minister from entering into an agreement by reason only that the parties thereto differ from those specified in a proposed agreement, relating to the same lands, that the Minister is authorised to enter into.

(5) No party to an agreement purporting to be made pursuant to subsection (1) or person claiming an estate or interest in any land the subject of such an agreement, nor the Registrar-General or other person registering or certifying title to land the subject of such an agreement, shall be bound to inquire:

(a) whether subsection (3) has been complied with in relation to the agreement, or

(b) whether the Minister is authorised to give effect to the agreement by an assurance of land vested in the Minister as constructing authority.

(6) Where an agreement entered into under subsection (1) provides for the doing or execution of any act, matter or thing pursuant to an Act other than this Act and the doing or execution of the act, matter or thing would not, but for this subsection, be authorised by that other Act, the doing or execution of that act, matter or thing shall be deemed to be so authorised, and any other act, matter or thing for which the agreement provides may be done or executed without any further authority than this Act.

(7) A failure to comply with subsection (3) in respect of an agreement shall not invalidate the agreement or anything done thereunder.