New South Wales Consolidated Acts

WESTERN LANDS ACT 1901

- As at 25 June 2008
- Act 70 of 1901

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Objects of Act
   2A.     Application of Crown Lands Act 1989
   2B.     Savings, transitional and other provisions
   3.      Definitions
   3A.     Minister may approve forms
   3B.     Review of Act

   PART 2 - ADMINISTRATION

   4.      Western Lands Commissioner and Assistant Commissioners
   5.      Disqualification from office
           6-8. (Repealed)
   8A.     Delegation by Commissioner
   8B.     Western Lands Advisory Council
   8C.     Functions of Western Lands Advisory Council
   9.      Power to establish administrative districts
   9A.     Protection from personal liability
   10.     Board, when authorised, may deal with matters outside its district
   10A.    Minister may refer to boards for reports
   10B.    (Repealed)
   10C.    Minister may deal with matters by agreement
   11.     Appointment of staff
   12.     Right to enter on Crown lands
   12A.    Delegation by Minister
           PARTS 3, 4 - (Repealed)
           None

   PART 5 - CONDITIONS OF LEASES

   18.     General conditions of lease
   18A.    Condition of fencing
   18B.    Contribution towards fencing
   18C.    Local land board’s decision as to fencing
   18CC.   Minister may sue for money
   18D.    Provisions governing leases
   18DA.   Cultivation of certain land
   18DB.   Condition relating to clearing native vegetation and protected land
   18E.    Subsisting leases: extension
   18F.    (Repealed)
   18FA.   Subdivision of leases
   18G.    Dealings in leased land
           18GA, 18H. (Repealed)
   18I.    Survey fee
   18J.    Conditions attaching to leases: alteration by consent
   18JJ.   Minimum ages
   18K.    Creation of folio of Register not to affect conditions etc
   18L.    Removal of conditions etc

   PART 6 - RENT PAYABLE UNDER LEASES

           Division 1 - Preliminary

   19.     Definitions

           Division 2 - Rural holdings

   20.     Annual rent
   21.     Calculation of base rent
   22.     Calculation of cultivation charge
   23.     Calculation of intensive agriculture charge
   24.     Calculation of rehabilitation rebate
   25.     Assessment of annual rent
   26.     Review of assessment by local land board
   27.     Appeal to Land and Environment Court
   27A.    Ministerial guidelines

           Division 3 - Urban leases

   27B.    Annual rent
   27C.    Assessment of annual rent

           Division 4 - Miscellaneous

   27D.    Classification or leases as rural or urban leases
   27E.    Concessional rent

   PART 7 - DISPOSAL OF CROWN LANDS AVAILABLE FOR LEASE

   28.     (Repealed)
   28A.    Granting of leases after 1989 amending Act
   28B.    Extension of term of lease
   28BA.   Forfeiture of lease
   28BB.   Purchase of land held under certain leases
           28C, 28D. (Repealed)

   PART 8 - (Repealed)
   None

   PART 9 - SURRENDER OF LEASE

           32, 33. (Repealed)
   33A.    Surrender
           34, 35. (Repealed)

   PART 9A - GENERAL

   35A.    Permission to enclose roads
   35B.    (Repealed)
   35C.    Forfeited or surrendered lands may be added
           35D-35J. (Repealed)
   35K.    Transfers under legal process etc
   35L.    Amendment of applications etc
   35M.    (Repealed)
   35MA.   Notices

   PART 9B - PRODUCTIVITY SCHEMES

   35N.    Agreements relating to betterment schemes
   35O.    Advances and payments
   35P.    Remedy for default

   PART 9C - PUBLIC ROADS AND RIGHTS OF WAY

           Division 1 - Public roads

   35Q.    Minister may dedicate public roads

           Division 2 - Rights of way

   35R.    Definitions
   35S.    Minister may create easements for right of way
   35T.    Minister may extinguish special easements
   35U.    Mediation of disputes as to easements

   PART 9D - CARBON SEQUESTRATION AND RELATED FORESTRY RIGHTS

   35V.    Definitions
   35W.    Application of Part
   35X.    Granting and creation of forestry rights in respect of land held under lease

   PART 9E - DEVELOPMENT DISTRICTS AND SPECIAL PURPOSE LEASES

   35XA.   Definitions
   35XB.   Development districts
   35XC.   Minister may grant special purpose leases
   35XD.   Provisions applicable to general purpose lease over land subject to special purpose lease
   35XE.   Provisions applicable to special purpose lease over land subject to general purpose lease

   PART 10 - MISCELLANEOUS

   36.     Regulations
   36A.    Alteration of due dates for recurring payments
   36B.    Interest on arrears-leases
   36C.    Interest
   36D.    Liability of incoming holder to pay arrears
   36E.    Certificate as to amount due
           37-43A. (Repealed)
   43B.    Power to withdraw for public purposes
   44.     Power to withdraw for settlement
           44A-45. (Repealed)

   PART 11 - ENFORCEMENT PROVISIONS

   46.     Application of Part
   47.     Notice to rectify contravention
   48.     Commissioner may rectify contravention and recover costs
   49.     Offences
   50.     Appeal to Land and Environment Court against forfeiture of leases
   51.     Different proceedings may be taken for same contravention
   52.     Proceedings for offences
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5