New South Wales Consolidated Acts

WESTERN LANDS ACT 1901 - SECT 10C

10C Minister may deal with matters by agreement

(1) In this section, "determine" includes redetermine, assess, inquire into, report upon, recommend and any other prescribed act or proceeding.

(2) Where:

(a) by or under this Act, it is provided that a local land board shall determine any matter, and

(b) the applicant or lessee who would be affected by the determination, if made, agrees in writing to the Minister’s dispensing with that determination or determining that matter in a specified manner,

the Minister may, without the holding of a hearing, dispense with that determination or determine that matter in the specified manner, as the case may be.

(3) Where, in the opinion of the Minister, any person other than an applicant or a lessee would be directly affected by a determination by a local land board of any matter, if made, the Minister shall not take any action under subsection (2) in relation to the determination unless that person agrees in writing to that action being taken.

(4) Where the Minister dispenses with a determination as referred to in subsection (2) in relation to a matter:

(a) the local land board shall be deemed to have no jurisdiction in the matter, and

(b) any requirement to refer matters to the local land board shall, in so far as it would, but for this subsection, apply to the matter, be deemed to be repealed.

(5) Where the Minister determines a matter under subsection (2), the local land board shall be deemed to have no jurisdiction in the matter and the Minister’s determination shall have the same effect as if it were a determination of the local land board.

(6) Where the Minister:

(a) dispenses with a determination as referred to in subsection (2) in relation to a matter, or

(b) determines a matter under subsection (2),

and the Minister would, but for this subsection, be prohibited from doing a thing in relation to the matter, except after receiving a recommendation or report from a local land board, the Minister may do the thing notwithstanding that no such report or recommendation is received.

(7) Where the Minister has determined a matter under subsection (2) with the agreement of a person or persons whose agreement is necessary to enable the Minister to make the determination, the Minister may, if that person agrees or those persons agree in writing to the Minister’s reversing the determination or to the Minister’s altering or amending the determination in a specified manner, reverse, alter or amend in accordance with the agreement the determination so made and, thereupon, the provisions of subsections (5) and (6) cease to apply to the determination so made but apply to the determination as reversed, altered or amended in accordance with this subsection.

(8) This section does not apply to matters arising under Part 6.