New South Wales Consolidated Acts

WESTERN LANDS ACT 1901 - SECT 18G

18G Dealings in leased land

(1) Land held under a lease:

(a) in the case of land under the Real Property Act 1900 , may not be transferred, and

(b) in the case of any other land, may not be conveyed,

except with the consent of the Minister.

(2) A conveyance effected in contravention of subsection (1) (b) is void for all purposes.

(3) In the case of land:

(a) that has an area of not more than 4,050 square metres, and

(b) that is the subject of a lease for residential, business, motel, community or other such purposes,

the Minister may, by notice published in the Gazette, declare that consent to the transfer or conveyance of the land is not required under this section.

(4) If any land to which such a notice relates is land under the Real Property Act 1900 , the Registrar-General must make an appropriate recording in respect of that land in the Register kept under that Act.

(5) Subsections (1) and (2) do not apply to:

(a) any transfer of a sublease or mortgage, or

(b) any conveyance effected for the purpose of creating, assigning or extinguishing a sublease, mortgage or easement, or

(c) any land the subject of a notice referred to in subsection (3).

(6) The following provisions apply to the subleasing of land held under a lease (the "head lease"):

(a) the sublease must specify the purpose for which the land may be used under the sublease, being a purpose that is consistent with the purpose for which the land may be used under the head lease,

(b) the head lessee must notify the Commissioner of the granting of the sublease within 28 days after it is granted,

(c) the head lessee must take all reasonable steps to ensure that the sublessee complies with the requirements of this Act and the conditions of the head lease with respect to the land.

(6A) Subsection (6) does not prevent the sublease of land held under a head lease, with the consent of the Minister, for the purposes of enabling the carrying out of a filming project, and such a sublease may be granted, despite any provision of the head lease or this Act relating to the purposes for which the land may be used.

(6B) The head lessee under subsection (6A) may grant a licence over land that is held under the head lease to enable the carrying out of a filming project (within the meaning of the Local Government Act 1993 ), but only with the consent of the Minister and on such terms and conditions as the Minister determines.

(6C) Subsection (6B) does not require the consent of the Minister if the use of the land for the purpose of a filming project is authorised by the head lease or is generally consistent with the purposes for which the land may be used under the head lease.

(6D) The head lessee must notify the Commissioner of the granting of a licence without the consent of the Minister as referred to in subsection (6C) within 28 days after it is granted.

(6E) A head lessee who grants a licence under subsection (6B) or as referred to in subsection (6C) must take all reasonable steps to ensure that the licensee complies with the requirements of this Act and the conditions of the head lease with respect to the land.

(6F) Consent may be given to the grant of a licence under subsection (6B) that will enable the carrying out of a filming project (within the meaning of the Local Government Act 1993 ), and the licence may be granted, despite any provision to the contrary in the head lease.

(7) Land held under a lease under this Act may not be transferred or conveyed for the purpose of creating a forestry right (within the meaning of section 87A of the Conveyancing Act 1919 ) that consists in whole or in part of a carbon sequestration right otherwise than in accordance with Part 9D of this Act.