New South Wales Consolidated Acts

WESTERN LANDS ACT 1901 - SECT 18D

18D Provisions governing leases

(1) The following provisions shall govern all leases and the holders of such leases, namely:

(a) No lease other than a special lease for that purpose shall confer any right to remove material from the leased land or to prevent the entry and removal of material by authorised persons.

(b) A lessee may take from land under the lease such timber and other material for building and other purposes on the land or on any contiguous land held in the same interest as may reasonably be required by the lessee.

(c) No lessee shall prevent any persons duly authorised in that behalf from cutting or removing timber or material or from searching for any mineral within the land under lease.

(d) A lessee shall take such measures as the Commissioner may direct to protect the land under lease and, without affecting the generality of the foregoing, the Commissioner may direct the lessee:

(i) to prevent the use by stock of any part of the land for such periods as the Commissioner considers necessary and to erect fencing for that purpose,

(ii) to prevent the overstocking of the land,

(iii) to prevent any part of the land being used for such agricultural practices of such types and for such periods as the Commissioner considers necessary,

(iv) to foster and cultivate edible shrubs and plants on the land,

(v) to preserve trees, scrub and vegetative cover on the land, and

(vi) to take such measures to protect the land (including measures to prevent soil erosion or other damage to the land) as the Commissioner of the Soil Conservation Service may recommend.

(e) A lessee shall not overstock or permit or allow to be overstocked the said land, and the decision of the Commissioner as to what constitutes overstocking shall be final.

(f) A lessee shall not erect a building on the land under lease (not being land in an area within the meaning of the Local Government Act 1993 ) except with the prior approval of the Commissioner and in accordance with any condition to which the approval is subject.

(g) A lessee shall, if the Commissioner so directs, erect gates on public roads on the land under lease.

(h) A lessee shall carry out such repairs to improvements on the land under lease as the Commissioner may direct.

(i) A lessee shall furnish such returns and statements as the Commissioner may from time to time require on any matter connected with the land under lease or any other land (whether within or outside the Western Division) in which the lessee has an interest.

(2) To the extent that the provisions of this section are inconsistent with those of a conservation agreement entered into under the National Parks and Wildlife Act 1974 , this section does not apply to a lease relating to land subject to that agreement.