New South Wales Consolidated Acts

WESTERN LANDS ACT 1901 - SECT 28BB

28BB Purchase of land held under certain leases

(1) This section applies to any of the following leases (other than a lease that has become liable to forfeiture):

(a) a lease for residential, business, motel, community or other such purposes, but not for grazing or pastoral purposes (either alone or in combination with other purposes),

(b) a lease for agricultural or mixed farming purposes, being a lease that was originally granted for those purposes, where:

(i) the lease was granted before 23 December 1996, or

(ii) the lease was granted on or after 23 December 1996, and the granting of the lease is a past act, or

(iii) the lease was granted on or after 23 December 1996 in respect of land in respect of which an earlier lease for grazing or pastoral purposes had previously been granted, where the granting of the earlier lease is a past act, or

(iv) the lease was granted on or after 23 December 1996 in respect of land that had been the subject of a previous exclusive possession act,

(c) a lease for agricultural or mixed farming purposes, being a lease that was originally granted for grazing or pastoral purposes, but was subsequently altered, pursuant to section 18J, to a lease for agricultural or mixed farming purposes, where:

(i) the alteration occurred before 23 December 1996, or

(ii) the alteration occurred on or after 23 December 1996, and is a past act, or

(iii) the alteration occurred on or after 23 December 1996, and the land the subject of the lease had previously been the subject of an earlier lease for grazing or pastoral purposes, where the granting of the earlier lease is a past act, or

(iv) the alteration occurred on or after 23 December 1996, and the land the subject of the lease had been the subject of a previous exclusive possession act,

where "previous exclusive possession act" and "past act" have the meanings given to them by sections 23B and 228, respectively, of the Native Title Act 1993 of the Commonwealth.

(2) The holder of a lease may apply to purchase:

(a) the whole or a part of the land comprised in the lease, or

(b) as 1 purchase, the whole or a part of the land comprised in 2 or more adjoining leases,

and Schedule 4 then applies.