New South Wales Consolidated Acts

WESTERN LANDS ACT 1901 - SECT 28A

28A Granting of leases

(1) The Minister may, in such manner as the Minister determines, dispose of Crown land by way of a lease for:

(a) grazing, or

(b) agriculture, or

(c) agriculture and grazing combined, or

(d) mixed farming, or

(e) a purpose similar to a purpose referred to in paragraphs (a)-(d), or

(e1) the use of land for the purposes of carbon sequestration within the meaning of section 87A of the Conveyancing Act 1919 (including for plantation purposes), or for any such purpose combined with any one or more of the other purposes referred to in this subsection, or

(f) any other purpose declared by the Minister, by order published in the Gazette and for the time being in force, to be a purpose for which a lease may be granted under this section.

(1A) If the Minister makes an order under subsection (1) (f) with respect to a particular lease purpose, the Minister must also make an order under section 27D declaring that a lease for that purpose is either a rural lease or an urban lease for the purposes of Part 6.

(1B) The purposes listed in subsection (1) (a)-(e1) do not limit the purposes for which a declaration may be made under subsection (1) (f).

(2) A disposal of Crown land under this section may be effected on such terms and conditions determined by the Minister as are not inconsistent with this section or with section 18E.

(3) A lease granted under this section may be:

(a) a lease in perpetuity, or

(b) a lease for a term not exceeding 40 years.

(4) The rent of a lease to be granted under this section may not be determined at auction or by tender if it is a lease for a purpose referred to in subsection (1) (a)-(e).

(5) Any money consideration (other than rent) for a lease disposed of under this section at auction or by tender is payable on such terms and conditions as are determined by the Minister.

(6) If tenders are invited for a lease under this section, they shall be considered by a tender board consisting of the Commissioner as Chairperson and 2 persons nominated by the Minister.

(7) The tender board shall report to the Minister on the tenders considered by it and the Minister may, but need not, accept any tender, whether or not it is the highest tender.

(8) An application for a lease made before the commencement of this section and not finally dealt with before that commencement shall be dealt with as an application made under this section for the granting of the lease.

(9) In this section:
"commencement", in relation to this section, means the insertion of this section by the Western Lands (Amendment) Act 1989 .