New South Wales Consolidated Acts

FORESTRY ACT 1916 - SECT 25E

25E Restriction on granting applications to purchase land subject to prescribed leases from the Crown

(1) An application for the purchase of land held under a prescribed lease from the Crown shall not be granted if:

(a) notice in writing of the application has not been given to the commission by a prescribed officer, or

(b) where such a notice has been so given, the commission has, within a period of three months after the receipt of the notice or within such further period not exceeding three months as may, within that first-mentioned period of three months, have been notified by the commission to that prescribed officer, certified in writing to that prescribed officer that it objects to the granting of the application.

(2) Where the commission has certified in writing to a prescribed officer that it objects to the granting of an application, the application shall be deemed to have been refused.

(3) If, within the prescribed period after the commission has so certified, any land to which the certificate relates has not been dedicated as a State forest or flora reserve, the provisions of subsection (1) do not apply to any application for the purchase of the land, being an application made in respect of the land or any part thereof within twelve months after the expiration of that prescribed period.

(4) Any land to which a certificate given by the commission under subsection (1) relates shall not, during the prescribed period referred to in subsection (3), be disposed of except with the consent in writing of the commission, and a lease of any such land shall not, during that prescribed period, be granted or extended, except with such a consent.

(5) A failure to comply with the provisions of subsection (1) does not affect the validity of any title granted pursuant to an application referred to in that subsection.

(6) Subsection (1) does not apply to an application for the purchase of land leased solely for the purpose of tree-farming.

(7) If the commission does not object to the application, the commission may certify to the prescribed officer to that effect and may, if it thinks fit, certify that section 25F is not to apply to the land concerned.