New South Wales Consolidated Acts

WESTERN LANDS ACT 1901 - SECT 43B

43B Power to withdraw for public purposes

(1) The Minister may, by notification published in the Gazette, withdraw from lease (whether the lease was granted or issued before or after the commencement of this section) any land required for any purpose for the time being declared by the Minister, by notification in the Gazette, to be a public purpose within the meaning of this section.

(2) Upon withdrawal of land from a lease under this section, the rent of the lease shall be reduced in proportion to the area withdrawn.

(3) Land withdrawn from a lease under this section may be dealt with in accordance with this Act or the Crown Lands Acts.

(4) Compensation is payable for land withdrawn from a lease under this section, subject to the conditions attaching to the lease or the provisions applying to the lease.

(5) The provisions of the Land Acquisition (Just Terms Compensation) Act 1991 relating to the payment of compensation for land acquired by compulsory process apply, with such modifications as may be prescribed, to the payment of compensation under this section.