New South Wales Consolidated Acts

WESTERN LANDS ACT 1901 - SECT 18E

18E Subsisting leases: extension

(1) The holder of a lease may apply in the approved form and prescribed manner to have such lease extended to a lease in perpetuity.
The application shall be accompanied by the prescribed fee.
If a certificate of title has issued in respect of the lease it shall be forwarded with the application.

(1A) The Minister may, in the Minister’s absolute discretion, refuse to grant any such application.
No other provision of this Act shall be construed so as to prejudice or affect the generality of this subsection.

(2) The Minister on the recommendation of the local land board may grant the application as to the whole or part of the land in the lease.
The following provisions shall apply in respect of every such application:

(a) an application under this section shall not be entertained where the granting of the same appears to be contrary to the public interest or to be otherwise undesirable,

(c) an application shall not be granted in respect of such part of the land comprised in the lease as is:

(i) reserved from sale, lease or licence under any Act-unless the Minister so approves,

(ii) within a State forest or timber or forest reserve-unless the Forestry Commission so approves,

(iii) within an area over which, by virtue of the provisions of the Mining Act 1992 or any instrument under that Act, an authority or claim, or a particular authority or claim, under that Act cannot be granted or registered-unless the Director-General of the Department of Mineral Resources so approves,

(f) an application may be withdrawn with the consent of the Minister and upon payment of the costs incurred in dealing with the application.

(4) Where an application under subsection (1) has been granted as to part only of the land comprised in the lease:

(a) separate leases shall be created under section 28A for such part and for the residue of the land comprised in the lease, and any person having an interest in the original lease shall be deemed to have an equivalent interest whether by way of mortgage or otherwise in the new leases,

(b) the new leases shall commence on the date upon which the application under subsection (1) is granted and the term of the lease for such residue shall be the balance of the term of the lease subsisting at that date,

(c) the lease for the residue of the land shall, subject to this section, be held subject to the conditions appertaining to the lease at the date of the said application,

(d) the cost of any necessary survey shall be paid by the holder in the manner and at the time prescribed and upon default of payment the leases shall become liable to forfeiture.

(5) A lease in perpetuity granted in pursuance of this section shall, in addition to the conditions appertaining to the lease at the date of the application under subsection (1), be subject to such terms and conditions of improvement and maintenance thereof including water supply and the destruction of rabbits, wild dogs and other noxious animals as the Minister after report by the local land board may consider necessary to reasonably increase the carrying capacity of the land, and may impose when granting the application.

(6) All leases held in the same interest shall be included in one application.