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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Land and Other Legislation
Amendment Bill 2007
Queensland
Land and Other Legislation Amendment
Bill 2007
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 2 Amendment of Acquisition of Land Act 1967
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
4 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 18
5 Amendment of s 12 (Effect of gazette resumption notice) . . . . . . 19
6 Insertion of new s 12B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
12B Particular land may be dedicated as road . . . . . . . . . 19
Part 3 Amendment of Integrated Planning Act 1997
7 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
8 Amendment of sch 8 (Assessable development and
self-assessable development) . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
9 Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 20
Part 4 Amendment of Land Act 1994
10 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
11 Amendment of s 8 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 22
12 Amendment of s 14 (Governor in Council may grant land) . . . . . 22
13 Amendment of s 15 (Governor in Council may lease land) . . . . . 22
14 Amendment of s 16 (Deciding appropriate tenure) . . . . . . . . . . . 23
15 Amendment of s 17 (Granting land to the State) . . . . . . . . . . . . . 23
16 Replacement of s 18 (Governor in Council may exchange
land) ..................................... 24
18 Exchanging land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
17 Amendment of s 23 (Reservation for public purposes) . . . . . . . . 24
18 Insertion of new s 23A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
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Land and Other Legislation Amendment Bill 2007
23A Floating reservation on plan of subdivision . . . . . . . . 25
19 Amendment of s 24 (Disposal of reservations no longer needed) 26
20 Amendment of s 25 (Disposal of reservations by sale) . . . . . . . . 27
21 Insertion of new s 26A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
26A Disposal of redundant reservation . . . . . . . . . . . . . . . 27
22 Amendment of s 30 (Object) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
23 Replacement of s 31 (Dedication and adjustment of reserves) . . 28
Subdivision 1 Reserves generally
31 Dedication of reserve . . . . . . . . . . . . . . . . . . . . . . . . . 28
31A Changing boundaries of reserve . . . . . . . . . . . . . . . . 29
31B Changing community purpose . . . . . . . . . . . . . . . . . . 29
31C Applying for dedication or adjustment of reserve . . . . 30
31D Notice of proposal to dedicate or adjust reserve . . . . 30
31E Submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
31F Notice of registration of action in relation to reserve . 32
24 Amendment of s 33 (Revocation of reserves) . . . . . . . . . . . . . . . 32
25 Replacement of s 34 (Revocation of reserve cancels
appointments, leases and permits) . . . . . . . . . . . . . . . . . . . . . . . 32
34 Applying to revoke dedication of reserve . . . . . . . . . . 33
34A Notice of proposal to revoke dedication of reserve . . 33
34B Submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
34C Removal of interests before revocation . . . . . . . . . . . 34
34D Registration revokes dedication of reserve. . . . . . . . . 34
34E Notice of revocation . . . . . . . . . . . . . . . . . . . . . . . . . . 35
34F Effect of revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
34G Person to give up possession. . . . . . . . . . . . . . . . . . . 36
34H Dealing with improvements . . . . . . . . . . . . . . . . . . . . 36
Subdivision 2 Operational reserves
34I Applying for deed of grant . . . . . . . . . . . . . . . . . . . . . 37
34J Notice of proposal to issue deed of grant . . . . . . . . . . 37
34K Submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
34L Removal of interests before grant. . . . . . . . . . . . . . . . 38
34M Registration of deed of grant revokes reservation
and setting apart . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
34N Notice of registration of deed of grant . . . . . . . . . . . . 38
34O Effect of revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
26 Amendment of s 35 (Use for community purposes of land
granted in trust) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
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Land and Other Legislation Amendment Bill 2007
27 Amendment of s 36 (Amalgamating land with common
purposes) .................................... 40
28 Amendment of s 37 (Removing area from deed of grant in trust) 41
29 Amendment of s 38 (Cancelling a deed of grant in trust) . . . . . . . 41
30 Insertion of new ss 38A38G . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
38A Applying for additional community purpose,
amalgamation or cancellation. . . . . . . . . . . . . . . . . . . 41
38B Notice of proposal to add community purpose,
amalgamate land or cancel . . . . . . . . . . . . . . . . . . . . 42
38C Submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
38D Notice of registration of action . . . . . . . . . . . . . . . . . . 43
38E Effect of cancellation . . . . . . . . . . . . . . . . . . . . . . . . . 44
38F Person to give up possession. . . . . . . . . . . . . . . . . . . 45
38G Dealing with improvements . . . . . . . . . . . . . . . . . . . . 45
31 Insertion of new s 42A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
42A Amalgamating unallocated State land with existing
deeds of grant in trust. . . . . . . . . . . . . . . . . . . . . . . . . 46
32 Amendment of s 43 (Only Parliament may delete land from or
cancel an existing deed of grant in trust) . . . . . . . . . . . . . . . . . . . 46
33 Amendment of s 44 (Appointing trustees) . . . . . . . . . . . . . . . . . . 46
34 Amendment of s 45 (Details of trustees) . . . . . . . . . . . . . . . . . . . 47
35 Amendment of s 48 (Trustees to give information and allow
inspection of records) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
36 Amendment of s 50 (Vacation of office by trustee). . . . . . . . . . . . 48
37 Amendment of s 51 (Removal of trustees) . . . . . . . . . . . . . . . . . . 48
38 Amendment of s 52 (General powers of trustee) . . . . . . . . . . . . . 48
39 Insertion of new s 53A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
53A State trustee powers and delegation . . . . . . . . . . . . . 49
40 Amendment of s 55 (Power to surrender) . . . . . . . . . . . . . . . . . . 50
41 Insertion of new ss 55A55H . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
55A Applying to surrender . . . . . . . . . . . . . . . . . . . . . . . . . 50
55B Notice of proposal to approve surrender . . . . . . . . . . 50
55C Submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
55D Registration surrenders deed of grant in trust . . . . . . 51
55E Notice of surrender. . . . . . . . . . . . . . . . . . . . . . . . . . . 52
55F Effect of surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
55G Person to give up possession on surrender . . . . . . . . 53
55H Dealing with improvements . . . . . . . . . . . . . . . . . . . . 53
42 Amendment of s 57 (Trustee leases) . . . . . . . . . . . . . . . . . . . . . . 54
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Land and Other Legislation Amendment Bill 2007
43 Amendment of s 58 (Other transactions relating to trustee
leases) ....................................... 54
44 Amendment of s 60 (Trustee permits) . . . . . . . . . . . . . . . . . . . . . 55
45 Amendment of s 63 (Rent to be charged) . . . . . . . . . . . . . . . . . . 56
46 Amendment of s 64 (Minister may dispense with approval) . . . . . 56
47 Amendment of s 74 (Minister may start winding-up) . . . . . . . . . . 57
48 Amendment of s 78 (Winding-up may continue after revocation,
cancellation or sale) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
49 Replacement of s 94 (Dedication of road by gazette notice) . . . . 58
94 Dedication of road . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
50 Insertion of new s 97A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
97A Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
51 Amendment of s 98 (Closure of road by gazette notice) . . . . . . . 59
52 Replacement of s 99 (Application to close road) . . . . . . . . . . . . . 59
99 Application to close road . . . . . . . . . . . . . . . . . . . . . . 59
53 Amendment of s 100 (Public notice of closure) . . . . . . . . . . . . . . 60
54 Replacement of ch 3, pt 2, divs 4 and 5 . . . . . . . . . . . . . . . . . . . . 61
Division 4 Permanently closed roads
108 Permanent closure of road . . . . . . . . . . . . . . . . . . . . . 61
109 Closed road may be dealt with as lot or
amalgamated with adjoining land . . . . . . . . . . . . . . . . 61
109A Simultaneous opening and closing of roads--deed
of grant ................................ 62
109B Simultaneous opening and closure of roads--trust
land or lease land . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
109C Buying or leasing land if closed road amalgamated
with adjoining land . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
55 Renumbering of ch 3, pt 2, div 6 (Building of roads in State
developments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
56 Amendment of s 115 (Conditions of sale) . . . . . . . . . . . . . . . . . . 65
57 Insertion of new s 120A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
120A Applying for interest in land without competition . . . . 65
58 Amendment of s 122 (Deeds of grant of unallocated State
land) ...................................... 66
59 Amendment of s 127 (Reclaimed land) . . . . . . . . . . . . . . . . . . . . 66
60 Amendment of s 129 (Lease for significant development) . . . . . . 66
61 Insertion of new s 130A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
130A Change of financial and managerial capabilities of
lessee of lease for significant development . . . . . . . . 67
62 Amendment of s 136 (Conditions of offer and lease) . . . . . . . . . . 69
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63 Insertion of new s 138A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
138A Restriction on commencement of lease or permit . . . 70
64 Amendment of s 144 (Division applies only to leases for
grazing and agriculture) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
65 Replacement of s 153 (Leases must be used for purpose
issued) ....................................... 71
153 Lease must state its purpose . . . . . . . . . . . . . . . . . . . 71
66 Amendment of s 154 (Minister may approve additional
purposes) ................................... 71
67 Amendment of s 155 (Length of term leases) . . . . . . . . . . . . . . . 72
68 Insertion of new ss 155A155E . . . . . . . . . . . . . . . . . . . . . . . . . . 72
155A Extending particular term leases for a term of up to
40 years ............................... 73
155B Extending particular term leases for a term of up to
50 years .............................. 73
155C Registering and taking of effect of extension . . . . . . . 74
155D Power to reduce term of extended term lease . . . . . . 75
155E Provisions about reduction . . . . . . . . . . . . . . . . . . . . . 75
69 Insertion of new s 157A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
157A Chief executive's approval required for renewal . . . . . 76
70 Amendment of s 158 (Application to renew lease) . . . . . . . . . . . . 76
71 Amendment of s 159 (Issues the Minister must consider) . . . . . . 77
72 Insertion of new s 159A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
159A Provisions for decision about most appropriate
form of tenure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
73 Amendment of s 160 (Written notice of Minister's decision). . . . . 79
74 Insertion of new s 160A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
160A Land management agreement condition for
particular offers ........................ 79
75 Replacement of s 162 (Acceptance of offer) . . . . . . . . . . . . . . . . 80
162 Issuing of new lease . . . . . . . . . . . . . . . . . . . . . . . . . . 80
162A Conditions imposed on particular new leases . . . . . . 80
76 Insertion of new s 165A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
165A Chief executive's approval required for conversion. . . 81
77 Amendment of s 166 (Application to convert lease) . . . . . . . . . . . 81
78 Amendment of s 167 (Issues the Minister must consider) . . . . . . 82
79 Amendment of s 168 (Written notice of Minister's decision). . . . . 83
80 Insertion of new s 168A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
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168A Land management agreement for new perpetual
lease ............................... 84
81 Amendment of s 169 (Conditions of freehold offer) . . . . . . . . . . . 84
82 Amendment of s 170 (Purchase price if deed of grant offered) . . 84
83 Replacement of s 172 (Acceptance of offer) . . . . . . . . . . . . . . . . 85
172 Issuing of new tenure . . . . . . . . . . . . . . . . . . . . . . . . . 85
84 Insertion of new s 173A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
173A Short term extension . . . . . . . . . . . . . . . . . . . . . . . . . 86
85 Amendment, relocation and renumbering of s 175 (Forest
entitlement areas). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
86 Relocation and renumbering of s 176 (Effect of resumption of
forest entitlement area). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
87 Insertion of new ch 4, pt 3, divs 47. . . . . . . . . . . . . . . . . . . . . . . 86
Division 4 Subdividing leases
175 When lease may be subdivided . . . . . . . . . . . . . . . . . 86
176 Application to subdivide . . . . . . . . . . . . . . . . . . . . . . . 87
176A General provisions for deciding application . . . . . . . . 87
176B Criteria for deciding application . . . . . . . . . . . . . . . . . 88
176C Specific grounds for refusal . . . . . . . . . . . . . . . . . . . . 88
176D Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
176E Appeal against refusal . . . . . . . . . . . . . . . . . . . . . . . . 89
176F Acceptance of subdivision offer . . . . . . . . . . . . . . . . . 89
176G Issuing of new leases . . . . . . . . . . . . . . . . . . . . . . . . . 89
176H Restriction on transferring new leases . . . . . . . . . . . . 89
176I Power to waive fees if chief executive requested
application ............................ 90
Division 5 Amalgamating leases
176J When leases may be amalgamated . . . . . . . . . . . . . . 90
176K Application to amalgamate . . . . . . . . . . . . . . . . . . . . . 90
176L General provisions for deciding application . . . . . . . . 91
176M Criteria for deciding application . . . . . . . . . . . . . . . . . 91
176N Roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
176O Specific grounds for refusal . . . . . . . . . . . . . . . . . . . . 92
176P Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
176Q Appeal against refusal . . . . . . . . . . . . . . . . . . . . . . . . 93
176R Acceptance of amalgamation offer . . . . . . . . . . . . . . . 93
176S Issuing of amalgamated lease . . . . . . . . . . . . . . . . . . 93
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176T Power to waive fees if chief executive requested
application ............................. 93
Division 6 Land management agreements
176U Making and registration of agreement about land
management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
176V Purposes of a land management agreement . . . . . . . 94
176W Content of land management agreement . . . . . . . . . . 95
176X Reviewing land management agreement . . . . . . . . . . 95
Division 7 Miscellaneous provisions
176Y Part does not affect amounts owing relating to lease. 95
176Z When payment obligations end if lease ends under
part ................................ 96
176ZA Overpayments relating to former lease . . . . . . . . . . . 96
88 Amendment of ch 4, pt 4 hdg (Permits) . . . . . . . . . . . . . . . . . . . . 96
89 Amendment of s 177 (Chief executive may issue permit) . . . . . . 96
90 Insertion of new ss 177A177D . . . . . . . . . . . . . . . . . . . . . . . . . . 97
177A Applying for permit . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
177B Notice of intention to issue permit . . . . . . . . . . . . . . . 97
177C Submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
177D Notice of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
91 Replacement of s 180 (Cancellation or surrender of permit) . . . . 99
180 When permit may be cancelled or surrendered . . . . . 99
180A Applying to cancel or surrender permit. . . . . . . . . . . . 99
180B Notice of proposal to cancel or approve surrender. . . 99
180C Submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
180D When cancellation or surrender is effective . . . . . . . . 101
180E Notice about cancellation or surrender. . . . . . . . . . . . 101
180F Effect of cancellation or surrender . . . . . . . . . . . . . . . 101
180G Permittee to give up possession on cancellation or
surrender ............................ 102
180H Dealing with improvements . . . . . . . . . . . . . . . . . . . . 102
92 Amendment of s 181 (Rent periods) . . . . . . . . . . . . . . . . . . . . . . 102
93 Amendment of s 183 (Rent payable generally) . . . . . . . . . . . . . . 102
94 Amendment of s 183A (Rent payable in special cases) . . . . . . . . 103
95 Insertion of new s 183AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
183AA Protection against particular undue rental
increases .......................... 103
96 Amendment of s 185 (Development and Investigation
concessions) ................................ 105
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97 Amendment of s 190 (When rent is owing) . . . . . . . . . . . . . . . . . 105
98 Amendment of s 192 (Deferral of rent and instalment
payments for hardship) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
99 Amendment of s 195 (Penalty interest on outstanding rent and
instalments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
100 Amendment of s 196 (Minister may take action for
non-payment) ................................ 106
101 Amendment of s 197 (Notice of intention to cancel). . . . . . . . . . . 106
102 Amendment of s 198 (Minister may reinstate if payment made) . 107
103 Insertion of new ch 5, pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Part 1A Future conservation areas
198A Management principles . . . . . . . . . . . . . . . . . . . . . . . 107
198B Protection of reservation for future conservation
area ............................. 108
104 Replacement of ch 5, pt 2, div 1 hdg (General conditions) . . . . . 108
Division 1 General mandatory conditions
198C Operation of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
198D Mandatory conditions need not be registered . . . . . . 109
105 Amendment of s 199 (Duty of care condition) . . . . . . . . . . . . . . . 109
106 Insertion of new s 199A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
199A Land may be used only for tenure's purpose . . . . . . . 109
107 Replacement of ch 5, pt 2, div 2 hdg (Other conditions) . . . . . . . 110
Division 2 Imposed conditions
202A Operation of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
202B Imposed condition must be registered . . . . . . . . . . . . 110
108 Amendment of s 203 (Typical conditions). . . . . . . . . . . . . . . . . . . 110
109 Replacement of ch 5, pt 2, div 3 hdg (Changing conditions) . . . . 111
110 Replacement of s 210 (Changing conditions) . . . . . . . . . . . . . . . 111
210 Power to change imposed condition of lease,
licence or permit by agreement . . . . . . . . . . . . . . . . . 111
111 Replacement of s 211 (Conditions must be reviewed) . . . . . . . . . 112
211 Reviewing imposed conditions of lease . . . . . . . . . . . 112
112 Amendment of s 212 (Minister may change conditions after
review) ....................................... 112
113 Replacement of ss 213 and 214. . . . . . . . . . . . . . . . . . . . . . . . . . 113
213 Obligation to perform conditions. . . . . . . . . . . . . . . . . 113
Division 5 Remedial action
214 Minister's power to give remedial action notice . . . . . 114
214A Steps required before giving remedial action notice. . 115
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214B Appeal against decision to give remedial action
notice ............................. 116
214C Additional condition of lease or licence to take
required remedial action. . . . . . . . . . . . . . . . . . . . . . . 116
214D Failure to comply with remedial action notice. . . . . . . 116
214E Power to reduce term of lease or impose additional
conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
214F Provisions about reduction or additional conditions . . 117
114 Amendment of s 234 (When lease may be forfeited) . . . . . . . . . . 118
115 Amendment of ch 5, pt 4, div 2 hdg (Forfeiture of leases,
generally) ..................................... 118
116 Replacement of s 234A (Non-application of div 2) . . . . . . . . . . . . 118
234A Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
117 Amendment of s 235 (Notice of forfeiture for outstanding
amounts) ..................................... 119
118 Amendment of s 236 (Minister's options if amount unpaid) . . . . . 119
119 Insertion of new ch 5, pt 4, div 2A hdg and s 237A . . . . . . . . . . . 119
Division 2A Forfeiture of leases by referral to court
237A Application of div 2A. . . . . . . . . . . . . . . . . . . . . . . . . . 119
120 Amendment of s 238 (Application to the court for forfeiture) . . . . 120
121 Amendment of s 239 (Governor in Council's options if court
decides on forfeiture) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
122 Omission of s 240 (Publication of notice of forfeiture) . . . . . . . . . 121
123 Amendment of ch 5, pt 4, div 3, hdg (Forfeiture of leases for
repeated convictions for vegetation clearing offences). . . . . . . . . 121
124 Omission of s 240E (Publication of notice of forfeiture) . . . . . . . . 121
125 Insertion of new ch 5, pt 4, div 3A . . . . . . . . . . . . . . . . . . . . . . . . 121
Division 3A Sale of lease instead of forfeiture
Subdivision 1 Sale by lessee
240E Sale by lessee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
Subdivision 2 Sale by mortgagee
Subdivision 3 Sale by local government
240G Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
240H Notice of approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
240I Sale of lease. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
Subdivision 4 Sale by chief executive
240J Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . 123
240K Notice that chief executive may sell . . . . . . . . . . . . . . 124
240L Entry into possession and sale . . . . . . . . . . . . . . . . . 124
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Land and Other Legislation Amendment Bill 2007
240M Transition to sale agreement . . . . . . . . . . . . . . . . . . . 125
240N Advice about entering transition to sale agreement . . 126
240O Making and registration of transition to sale
agreement ........................... 128
240P Auction or sale of lease . . . . . . . . . . . . . . . . . . . . . . . 128
240Q Disposal of proceeds of sale . . . . . . . . . . . . . . . . . . . 129
240R Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 130
126 Replacement of ch 5, pt 4, div 4 hdg (Effect of forfeiture) . . . . . . 130
127 Insertion of new s 240S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
240S Notice of forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
128 Amendment of s 241 (Effect of forfeiture). . . . . . . . . . . . . . . . . . . 131
129 Amendment of s 243 (Improvements on forfeited lease) . . . . . . . 131
130 Amendment of s 244 (Sale by mortgagee instead of forfeiture) . . 131
131 Amendment of s 246 (Application of division) . . . . . . . . . . . . . . . 132
132 Amendment of s 249 (Payment by the State for improvements) . 132
133 Insertion of new ch 5, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Part 6 Protection of monitoring sites
252 Prohibition on interfering with monitoring marker or
device .............................. 133
253 Evidentiary provision for proceedings under s 252 . . 133
134 Amendment of s 275 (Registers comprising land registry) . . . . . 134
135 Amendment of s 276 (Registers to be kept by chief executive) . . 134
136 Insertion of new s 277A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
277A Registration of document evidencing tenure . . . . . . . 134
137 Amendment of s 278 (Particulars that must be recorded) . . . . . . 135
138 Replacement of s 279 (Recording issue and end of tenures) . . . 135
279 Registration of land management agreements and
transition to sale agreements . . . . . . . . . . . . . . . . . . . 135
139 Amendment of s 286B (Requiring plan of survey to be lodged) . . 136
140 Amendment of s 287 (Registered documents must comply with
particular requirements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
141 Amendment of s 290F (Plan of subdivision may be registered) . . 136
142 Insertion of new s 290FA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
290FA Taking effect of plan of subdivision. . . . . . . . . . . . . . . 136
143 Amendment of s 290J (Requirements for registration of plan of
subdivision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
144 Replacement of s 290K (Particulars to be recorded on
registration of plan). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
290JA Dedication of public use land in plan . . . . . . . . . . . . . 139
11
Land and Other Legislation Amendment Bill 2007
290JB Access for public use land . . . . . . . . . . . . . . . . . . . . . 139
290K Particulars to be recorded when registered plan
takes effect ........................... 140
145 Amendment of s 294 (Chief executive may require public
notice to be given of certain proposed action) . . . . . . . . . . . . . . . 140
146 Amendment of s 294B (Building management statement may
be registered) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
147 Omission of s 296 (Tenure document to be returned to land
registry) ...................................... 141
148 Amendment of s 299 (When a document is registered) . . . . . . . . 141
149 Insertion of new s 299A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
299A No registration in absence of required approval or
consent of Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
150 Omission of s 312 (Substitute document) . . . . . . . . . . . . . . . . . . 142
151 Insertion of new s 318A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
318A Minister may lodge mandatory standard terms
document ........................... 142
152 Insertion of new s 320A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
320A Conflict with mandatory standard terms document . . 143
153 Amendment of s 321 (Withdrawal or cancellation of
standard terms document) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
154 Amendment of s 322 (Requirements for transfers) . . . . . . . . . . . 143
155 Insertion of new s 322A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
322A Severing joint tenancy by transfer . . . . . . . . . . . . . . . 144
156 Amendment of s 325 (Effect of registration of transfer) . . . . . . . . 145
157 Insertion of new s 326A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
326A Disclosure of information to proposed transferee of
lease or licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
158 Replacement of s 327 (Surrender of lease or deed of grant) . . . . 146
327 Absolute surrender of deed of grant . . . . . . . . . . . . . . 146
327A Surrender of lease . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
327B Applying to surrender . . . . . . . . . . . . . . . . . . . . . . . . . 147
327C Notice of proposal to approve surrender of lease. . . . 147
327D Submissions against proposal to approve surrender . 148
327E Registration surrenders lease . . . . . . . . . . . . . . . . . . 148
327F Notice of surrender. . . . . . . . . . . . . . . . . . . . . . . . . . . 148
327G Effect of surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
327H Person to give up possession on surrender . . . . . . . . 149
327I Dealing with improvements . . . . . . . . . . . . . . . . . . . . 149
12
Land and Other Legislation Amendment Bill 2007
159 Amendment of s 328 (Surrender of subleases) . . . . . . . . . . . . . . 150
160 Amendment of s 329 (Notice of surrender needed) . . . . . . . . . . . 150
161 Amendment of s 330 (Requirements for effective surrender). . . . 150
162 Amendment of s 332 (Subleases require Minister's approval) . . . 151
163 Replacement of s 333 (General authority to sublease) . . . . . . . . 151
333 General authority to lessee for particular dealings . . . 151
164 Amendment of s 334 (When subleasing is totally prohibited). . . . 152
165 Amendment of s 334A (Application to sub-subleases). . . . . . . . . 152
166 Insertion of new ch 6, pt 4, div 3A . . . . . . . . . . . . . . . . . . . . . . . . 153
Division 3A Mediation for disputes about terms of
particular subleases
339A Application of div 3A. . . . . . . . . . . . . . . . . . . . . . . . . . 153
339B Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
167 Amendment of s 346 (Sale of mortgaged lease) . . . . . . . . . . . . . 155
168 Omission of ch 6, pt 4, divs 5 and 6 . . . . . . . . . . . . . . . . . . . . . . . 155
169 Amendment of s 358 (Changing deeds of grant--change in
description or boundary of land). . . . . . . . . . . . . . . . . . . . . . . . . . 155
170 Insertion of new s 358C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
358C Correction of minor error in deed of grant . . . . . . . . . 156
171 Amendment of s 359 (Correcting or cancelling deeds of grant) . . 156
172 Amendment of s 360 (Governor in Council may change
leases) ...................................... 156
173 Insertion of new ss 360A360F . . . . . . . . . . . . . . . . . . . . . . . . . . 158
360A Minister may change term leases, other than State
leases, or perpetual leases . . . . . . . . . . . . . . . . . . . . 158
360B Minister may change State lease . . . . . . . . . . . . . . . . 159
360C Applying to amend description of lease . . . . . . . . . . . 159
360D Notice of proposal to amend lease. . . . . . . . . . . . . . . 160
360E Submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
360F Notice of registration of amendment of lease. . . . . . . 161
174 Amendment of s 361 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . 162
175 Amendment of s 372 (End and continuation of easements) . . . . 162
176 Insertion of new s 373AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
373AA Particular matters about easements and permit land. 162
177 Amendment of s 383 (Power of attorney) . . . . . . . . . . . . . . . . . . . 163
178 Insertion of new s 389B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
389B Effect on writ of execution of transfer after sale by
chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
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Land and Other Legislation Amendment Bill 2007
179 Insertion of new ch 6, pt 4, div 11A . . . . . . . . . . . . . . . . . . . . . . . 163
Division 11A Caveats
Subdivision 1 Caveats generally
389C Requirements of caveats . . . . . . . . . . . . . . . . . . . . . . 164
389D Lodging caveat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
389E Notifying caveat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
389F Effect of lodging caveat . . . . . . . . . . . . . . . . . . . . . . . 165
389G Withdrawing caveat . . . . . . . . . . . . . . . . . . . . . . . . . . 166
389H Removing caveat . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
389I Cancelling caveat . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
389J Further caveat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
389K Notices to the caveator. . . . . . . . . . . . . . . . . . . . . . . . 167
Subdivision 2 Chief executive's caveat
389L Chief executive may prepare and register caveat. . . . 167
180 Amendment of s 390A (Special provision for transport land) . . . . 169
181 Insertion of new s 390B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
390B Particular dealing with rail land. . . . . . . . . . . . . . . . . . 169
182 Insertion of new s 391A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
391A General provision about approvals . . . . . . . . . . . . . . . 170
183 Amendment of s 392 (Delegation by Minister) . . . . . . . . . . . . . . . 170
184 Amendment of s 393 (Delegation by chief executive) . . . . . . . . . 171
185 Replacement of s 394 (Committee of review) . . . . . . . . . . . . . . . 171
394 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
394A Ministerial guidelines about what constitutes a good
condition for lease land. . . . . . . . . . . . . . . . . . . . . . . . 172
186 Amendment of s 400 (Power to enter land, generally) . . . . . . . . . 172
187 Amendment of s 404 (No trespassing). . . . . . . . . . . . . . . . . . . . . 173
188 Insertion of new ss 405A and 405B . . . . . . . . . . . . . . . . . . . . . . . 173
405A Exercise of chief executive's powers under division . . 173
405B Occupation fee for unlawful occupation by offeree
until grant of tenure. . . . . . . . . . . . . . . . . . . . . . . . . . . 174
189 Amendment of s 406 (Notice to person to leave land, remove
structures etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
190 Insertion of new ch 7, pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
Part 2A General provisions for applications
420A Application of pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . 175
420B Application guidelines. . . . . . . . . . . . . . . . . . . . . . . . . 175
420C Requirements for making an application . . . . . . . . . . 176
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Land and Other Legislation Amendment Bill 2007
420D Refusal of frivolous or vexatious applications. . . . . . . 176
420E Request to applicant about application . . . . . . . . . . . 177
420F Refusing application for failure to comply with
request ............................ 177
420G Particular criteria generally not exhaustive. . . . . . . . . 178
420H Particular grounds for refusal generally not
exhaustive ........................ 178
420I General power to impose conditions . . . . . . . . . . . . . 178
191 Insertion of new s 441A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
441A Requirement for making conditional offers . . . . . . . . . 179
192 Amendment of s 442 (Lapse of offer) . . . . . . . . . . . . . . . . . . . . . . 179
193 Amendment of s 468 (Existing leases continue) . . . . . . . . . . . . . 180
194 Amendment of ch 8, pt 5, div 1, hdg (Occupation licences and
permits) ....................................... 180
195 Replacement of s 481 (Cancellation or surrender of
occupation licence) .............................. 180
481 Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
481A Absolute surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
481B Application to cancel or surrender . . . . . . . . . . . . . . . 181
481C Notice of proposal to cancel or surrender . . . . . . . . . 182
481D Submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
481E Registration cancels occupation licence . . . . . . . . . . 183
481F Registration surrenders occupation licence . . . . . . . . 184
481G Notice of cancellation or absolute surrender . . . . . . . 184
481H Effect of cancellation or absolute surrender . . . . . . . . 184
481I Person to give up possession on cancellation or
absolute surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
481J Improvements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
196 Insertion of new ch 8, pt 5, div 1A, hdg . . . . . . . . . . . . . . . . . . . . 186
197 Amendment of s 495 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . 186
198 Amendment of s 503B (Definitions) . . . . . . . . . . . . . . . . . . . . . . . 186
199 Insertion of new ch 9, pt 1D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
Part 1D Transitional provisions for Land and Other
Legislation Amendment Act 2007
521E Divesting and vesting trust land . . . . . . . . . . . . . . . . . 186
521F Existing leases exempted from particular
amendments ......................... 187
521G Offer of additional area . . . . . . . . . . . . . . . . . . . . . . . . 187
521H Forfeiture for outstanding amount. . . . . . . . . . . . . . . . 187
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Land and Other Legislation Amendment Bill 2007
521I Requirements for plan of subdivision . . . . . . . . . . . . . 187
521J Non-application of s 299A to particular documents . . 188
521K Application made before commencement . . . . . . . . . 188
521L Continuance of power to substitute particular
tenure or registered documents . . . . . . . . . . . . . . . . . 188
521M Permits to occupy and unallocated State land . . . . . . 188
521N Dealing with disputes under particular subleases . . . 188
521O Exclusion of imposed condition reviews for
particular leases ...................... 189
200 Amendment of sch 1 (Community purposes) . . . . . . . . . . . . . . . . 189
201 Insertion of new sch 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
Schedule 1A Provisions that include mandatory conditions
for tenures
202 Amendment of sch 2 (Original decisions). . . . . . . . . . . . . . . . . . . 191
203 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 192
Part 5 Amendment of Land Title Act 1994
204 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
205 Amendment of s 10 (Form of instruments). . . . . . . . . . . . . . . . . . 202
206 Amendment of s 50 (Requirements for registration of plan of
subdivision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
207 Amendment of s 51 (Dedication of public use land in plan) . . . . . 202
208 Amendment of s 54A (Building management statement may be
registered) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203
209 Amendment of s 189A (Payment to compensated mortgagee) . . 203
Part 6 Amendment of Survey and Mapping Infrastructure Act 2003
210 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203
211 Amendment of s 32 (Authority for cadastral surveyor to act for
another in particular circumstances) . . . . . . . . . . . . . . . . . . . . . . 204
Part 7 Amendment of Surveyors Act 2003
212 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
213 Amendment of s 75 (Carrying out a cadastral survey) . . . . . . . . . 205
214 Insertion of new s 188A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
188A Board may make guidelines . . . . . . . . . . . . . . . . . . . . 205
215 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 206
Part 8 Amendment of Transport Infrastructure Act 1994
216 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
217 Insertion of new s 477A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
477A Power to deal with particular land. . . . . . . . . . . . . . . . 207
16
Land and Other Legislation Amendment Bill 2007
Part 9 Amendment of Vegetation Management Act 1999
218 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
219 Insertion of new pt 2, div 4, sdiv 1 hdg . . . . . . . . . . . . . . . . . . . . . 207
220 Insertion of new pt 2, div 4, sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . 208
Subdivision 2 Declarations by chief executive
19E Request for declaration . . . . . . . . . . . . . . . . . . . . . . . 208
19F Making declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
19G Particular criteria for declaration. . . . . . . . . . . . . . . . . 209
19H Code for clearing of vegetation. . . . . . . . . . . . . . . . . . 210
19I Amendment of management plan . . . . . . . . . . . . . . . 211
19J When management plan stops having effect . . . . . . . 211
19K Recording of declared areas and management
plans ............................. 211
19L Ending declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
19M Information to be available for inspection . . . . . . . . . . 212
221 Amendment of s 20B (When chief executive may make
property map of assessable vegetation) . . . . . . . . . . . . . . . . . . . 213
222 Amendment of s 20E (When maps may be revoked) . . . . . . . . . . 213
223 Amendment of s 22A (Particular vegetation clearing
applications may be assessed) . . . . . . . . . . . . . . . . . . . . . . . . . . 214
224 Amendment of s 22C (Modifying Planning Act effect of appeal
rights on ongoing applications (assessment manager)). . . . . . . . 214
225 Amendment of s 22D (Modifying Planning Act effect of appeal
rights on ongoing applications (concurrence agency)). . . . . . . . . 215
226 Insertion of new pt 6, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
Division 4 Transitional provision for Land and Other
Legislation Amendment Act 2007
84 Existing appeals under s 22C. . . . . . . . . . . . . . . . . . . 215
227 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 216
2007
A Bill
for
An Act to amend the Land Act 1994, and for other purposes
s1 18 s4
Land and Other Legislation Amendment Bill 2007
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Land and Other Legislation 4
Amendment Act 2007. 5
Clause 2 Commencement 6
This Act, other than the following provisions, commences on 7
a day to be fixed by proclamation-- 8
· sections 61, 62 and 166; 9
· section 199, to the extent it inserts section 521N. 10
Part 2 Amendment of Acquisition of 11
Land Act 1967 12
Clause 3 Act amended in pt 2 13
This part amends the Acquisition of Land Act 1967. 14
Clause 4 Amendment of s 2 (Definitions) 15
Section 2, definition land, from `fee simple,'-- 16
omit, insert-- 17
`fee simple, including fee simple in trust under the Land Act 18
1994, but does not include a freeholding lease under that 19
Act.'. 20
s5 19 s6
Land and Other Legislation Amendment Bill 2007
Clause 5 Amendment of s 12 (Effect of gazette resumption notice) 1
Section 12(4), from `and may,'-- 2
omit, insert-- 3
`and may, having regard to the purpose for which it was 4
taken-- 5
(a) be dedicated, under the Land Act 1994, as a reserve 6
under the trusteeship of the constructing authority or as 7
a road; or 8
(b) be granted or leased, under the Land Act 1994, to the 9
constructing authority; or 10
(c) be dealt with under another Act.'. 11
Clause 6 Insertion of new s 12B 12
After section 12A-- 13
insert-- 14
`12B Particular land may be dedicated as road 15
`(1) This section applies if land taken under this Act for the 16
purpose of roads vests in a constructing authority for an estate 17
in fee simple. 18
`(2) The land may be dedicated as a road by recording a dedication 19
notice for the land in the freehold land register. 20
`(3) If the registrar of titles receives a dedication notice for the 21
land, the registrar must register the notice. 22
`(4) The registration of the dedication notice, without anything 23
further, opens the road for the Land Act 1994. 24
`(5) In this section-- 25
dedication notice, for land, see the Land Act 1994, schedule 26
6.'. 27
s7 20 s9
Land and Other Legislation Amendment Bill 2007
Part 3 Amendment of Integrated 1
Planning Act 1997 2
Clause 7 Act amended in pt 3 3
This part amends the Integrated Planning Act 1997. 4
Clause 8 Amendment of sch 8 (Assessable development and 5
self-assessable development) 6
(1) Schedule 8, part 1, table 4, item 1A(c), after `lot'-- 7
insert-- 8
`, other than indigenous land,'. 9
(2) Schedule 8, part 1, table 4, items 1A(c)(i), 1B(b)(i) and 10
1C(b)(i), `under the Standard Building Regulation'-- 11
omit. 12
(3) Schedule 8, part 1, table 4, item 1A-- 13
insert-- 14
`(ca) to the extent necessary for building residences on 15
indigenous land, and any reasonably associated building 16
or structure, for Aboriginal or Torres Strait Islander 17
inhabitants of the land or persons providing educational, 18
health, police or other community services for the 19
inhabitants if the building of the residences-- 20
(i) is building work for which a development permit 21
for a building development application has been 22
issued; or 23
(ii) is building work mentioned in part 2, table 1, item 24
1; or 25
(iii) is development to which chapter 5, part 6 applies; 26
or'. 27
Clause 9 Amendment of sch 10 (Dictionary) 28
(1) Schedule 10, definition essential management, paragraph (a), 29
`fence or road'-- 30
s 10 21 s 10
Land and Other Legislation Amendment Bill 2007
omit, insert-- 1
`fence, road or vehicular track'. 2
(2) Schedule 10, definition essential management, paragraph (e), 3
before `watering'-- 4
insert-- 5
`vehicular tracks,'. 6
(3) Schedule 10, definition forest practice, paragraph 1, after 7
`freehold land'-- 8
insert-- 9
`or indigenous land'. 10
(4) Schedule 10, definition forest practice, paragraph 2, `road 11
construction and maintenance'-- 12
omit, insert-- 13
`construction and maintenance of roads or vehicular tracks'. 14
(5) Schedule 10, definition routine management, paragraph (a)-- 15
omit, insert-- 16
`(a) to establish a necessary fence, road or vehicular track if 17
the maximum width of clearing for the fence, road or 18
track is 10m; or'. 19
(6) Schedule 10, definition routine management, paragraph (b), 20
from `for establishing' to `roads'-- 21
omit, insert-- 22
`to construct necessary built infrastructure other than contour 23
banks, fences, roads or vehicular tracks'. 24
Part 4 Amendment of Land Act 1994 25
Clause 10 Act amended in pt 4 26
This part amends the Land Act 1994. 27
s 11 22 s 13
Land and Other Legislation Amendment Bill 2007
Clause 11 Amendment of s 8 (Definitions) 1
Section 8, heading, after `Definitions'-- 2
insert-- 3
`for pt 4'. 4
Clause 12 Amendment of s 14 (Governor in Council may grant land) 5
(1) Section 14(1), after `land'-- 6
insert-- 7
`, an operational reserve or rail land'. 8
(2) Section 14-- 9
insert-- 10
`(4) A grant of rail land under subsection (1) may be made only to 11
the State.'. 12
Clause 13 Amendment of s 15 (Governor in Council may lease land) 13
(1) Section 15, heading-- 14
omit, insert-- 15
`15 Leasing land'. 16
(2) Section 15(1), `Governor in Council'-- 17
omit, insert-- 18
`Minister'. 19
(3) Section 15(1), (2), (3) and (4)-- 20
renumber as section 15(2), (4), (5) and (6). 21
(4) Section 15-- 22
insert-- 23
`(1) The Governor in Council may issue a freeholding lease 24
following an application to convert a lease made under section 25
166(1). 26
`(3) However, a lease in perpetuity of unallocated State land may 27
be granted only if-- 28
s 14 23 s 15
Land and Other Legislation Amendment Bill 2007
(a) under a provision of an Act, other than this Act, a 1
perpetual lease must be issued over the unallocated State 2
land; or 3
Example of a provision of an Act for paragraph (a)-- 4
Transport Infrastructure Act 1994, section 105J(4) and (5) 5
(b) under a provision of this Act, the Minister may issue a 6
perpetual lease; or 7
Example of a provision of this Act for paragraph (b)-- 8
section 17(2) 9
(c) the Minister considers the lease is in the interests of the 10
State.'. 11
Clause 14 Amendment of s 16 (Deciding appropriate tenure) 12
(1) Section 16(5)-- 13
renumber as section 16(6). 14
(2) Section 16-- 15
insert-- 16
`(5) This section does not apply to a grant of rail land in fee simple 17
to the State.'. 18
Clause 15 Amendment of s 17 (Granting land to the State) 19
(1) Section 17, from `may--'-- 20
omit, insert-- 21
`may grant unallocated State land, an operational reserve or 22
rail land in fee simple to the State.'. 23
(2) Section 17-- 24
insert-- 25
`(2) The Minister may lease unallocated State land to the State for 26
either a term of years or in perpetuity.'. 27
s 16 24 s 17
Land and Other Legislation Amendment Bill 2007
Clause 16 Replacement of s 18 (Governor in Council may exchange 1
land) 2
Section 18-- 3
omit, insert-- 4
`18 Exchanging land 5
`(1) The Governor in Council, by agreement with a registered 6
owner, or the holder of a native title interest in land, may grant 7
unallocated State land in exchange for all or part of the 8
freehold land or the native title interest. 9
Note-- 10
A deed of grant issued because of an exchange of land is issued under 11
section 358. 12
`(2) The Governor in Council, by agreement with a lessee of a 13
freeholding lease, may grant a freeholding lease over 14
unallocated State land in exchange for all or part of the 15
freeholding lease. 16
Note-- 17
A freeholding lease amended because of an exchange of land is 18
amended under section 360(1)(d). 19
`(3) The Minister, by agreement with a lessee of a term lease, 20
other than a State lease, or a perpetual lease, or the holder of a 21
native title interest in land, may lease unallocated State land 22
for a term of years or in perpetuity in exchange for all or part 23
of the lease or the native title interest. 24
Note-- 25
A term or perpetual lease amended because of an exchange of land is 26
amended under section 360A(2)(c). 27
`(4) A power under this section may be exercised only if the 28
State's equity in land would not be reduced.'. 29
Clause 17 Amendment of s 23 (Reservation for public purposes) 30
Section 23-- 31
insert-- 32
`(3) Despite subsections (1) and (2), a reservation for a future 33
conservation area-- 34
s 18 25 s 18
Land and Other Legislation Amendment Bill 2007
(a) may only be contained in a lease; and 1
(b) must identify the particular land reserved. 2
`(4) A reservation for a future conservation area may be made only 3
if the NCA department has given the Minister-- 4
(a) a map showing the required particulars for a map of the 5
area; or 6
(b) a description of the boundary of the area by reference to 7
Map Grid of Australia 1994 coordinates and zone 8
references for the area.'. 9
Clause 18 Insertion of new s 23A 10
After section 23-- 11
insert-- 12
`23A Floating reservation on plan of subdivision 13
`(1) A person seeking to have a plan of subdivision registered in 14
relation to the land contained in a deed of grant, deed of grant 15
in trust or lease may apply to the Minister for the allocation of 16
a floating reservation to some or all of the lots created by the 17
plan. 18
`(2) In making a decision for subsection (1), the Minister-- 19
(a) must have regard to the purpose of the reservation, the 20
likely future use of the land and where the reservation is 21
most likely to be needed; and 22
Example-- 23
If the reservation is for road purposes, the Minister will have 24
regard to where the road is most likely to be needed. 25
(b) may have regard to information and advice obtained in 26
the way the Minister considers appropriate. 27
Example-- 28
If the reservation is for road purposes, the Minister might decide 29
to seek advice from the chief executive of the department in 30
which the Transport Infrastructure Act 1994 is administered. 31
`(3) If the reservation is contained in a deed of grant or freeholding 32
lease, and the Minister is satisfied that all or part of the 33
s 19 26 s 19
Land and Other Legislation Amendment Bill 2007
reservation is no longer needed, the reservation, to the extent 1
it is no longer needed, may be dealt with under section 24. 2
`(4) If the reservation is contained in a deed of grant in trust, or in 3
a lease other than a freeholding lease, and the Minister is 4
satisfied that all or part of the reservation is no longer needed, 5
the reservation, to the extent it is no longer needed, may be 6
dealt with under section 26A. 7
`(5) Written notice of the Minister's decision for subsection (1) 8
and the reasons for the decision must be given to the 9
applicant. 10
`(6) The applicant may appeal against the Minister's decision.'. 11
Clause 19 Amendment of s 24 (Disposal of reservations no longer 12
needed) 13
(1) Section 24(1), after `a deed of grant'-- 14
insert-- 15
`or freeholding lease'. 16
(2) Section 24(1), after `the deed of grant'-- 17
insert-- 18
`or the lessee of the lease'. 19
(3) Section 24(2), after `registered owner'-- 20
insert-- 21
`or lessee'. 22
(4) Section 24-- 23
insert-- 24
`(3) Land in a reservation may be sold under subsection (1) only if 25
the registered owner or lessee has applied to the Minister to 26
buy the land, and the Minister is satisfied the reservation is no 27
longer needed. 28
`(4) In making a decision under subsection (3), the Minister-- 29
(a) must have regard to the purpose of the reservation and 30
the likely future use of the land; and 31
Example-- 32
s 20 27 s 21
Land and Other Legislation Amendment Bill 2007
If the reservation is for road purposes, the Minister will have 1
regard to whether the road is likely to be needed. 2
(b) may have regard to information and advice obtained in 3
the way the Minister considers appropriate. 4
Example-- 5
If the reservation is for road purposes, the Minister might decide 6
to seek advice from the chief executive of the department in 7
which the Transport Infrastructure Act 1994 is administered.'. 8
Clause 20 Amendment of s 25 (Disposal of reservations by sale) 9
Section 25, after `registered owner'-- 10
insert-- 11
`or lessee'. 12
Clause 21 Insertion of new s 26A 13
Chapter 2, part 2-- 14
insert-- 15
`26A Disposal of redundant reservation 16
`(1) If a reservation for a public purpose in a deed of grant in trust, 17
a term lease or a perpetual lease is no longer needed for the 18
purpose, the Minister may dispose of the reservation under 19
this section. 20
`(2) The Minister disposes of the reservation by approving the 21
lodgement of a plan of subdivision that cancels the reservation 22
and incorporates the land the subject of the reservation as land 23
contained in the grant or lease. 24
`(3) If the reservation is in a deed of grant in trust, the disposal 25
must happen in conjunction with a surrender, under section 26
358(1), of the land contained in the deed of grant in trust. 27
`(4) If the reservation is in a term lease or a perpetual lease, section 28
184(6) applies in relation to any increase in the area of land in 29
the lease. 30
`(5) In this section-- 31
reservation includes part of a reservation.'. 32
s 22 28 s 23
Land and Other Legislation Amendment Bill 2007
Clause 22 Amendment of s 30 (Object) 1
Section 30-- 2
insert-- 3
`(d) enable a deed of grant to be issued over an operational 4
reserve.'. 5
Clause 23 Replacement of s 31 (Dedication and adjustment of 6
reserves) 7
Section 31-- 8
omit, insert-- 9
`Subdivision 1 Reserves generally 10
`31 Dedication of reserve 11
`(1) The Minister may dedicate unallocated State land as a reserve 12
for 1 or more community purposes. 13
`(2) However, the Minister may dedicate unallocated State land as 14
a reserve for a community purpose that is the provision of 15
services beneficial to Aboriginal people particularly 16
concerned with land or Torres Strait Islanders particularly 17
concerned with land only if the unallocated State land is 18
transferrable land. 19
`(3) The Minister may dedicate land under this section without 20
receiving an application under section 31C. 21
`(4) Land is dedicated as a reserve by registering a dedication 22
notice or plan of subdivision for the reserve. 23
`(5) The dedication notice or plan of subdivision must state the 24
community purpose for which the land is dedicated as a 25
reserve. 26
`(6) The dedication notice must also state the description of the 27
land dedicated as a reserve. 28
`(7) The dedication of a reserve takes effect on the day the 29
dedication notice or plan of subdivision for the dedication of 30
the reserve is registered. 31
s 23 29 s 23
Land and Other Legislation Amendment Bill 2007
`31A Changing boundaries of reserve 1
`(1) The Minister may change the boundaries of a reserve other 2
than a reserve dedicated for a community purpose mentioned 3
in section 31(2). 4
`(2) The Minister may change the boundaries of a reserve under 5
this section without receiving an application under section 6
31C(a). 7
`(3) The boundaries of a reserve are changed by registering an 8
adjustment notice or plan of subdivision. 9
`(4) The adjustment notice must state-- 10
(a) the reason for the change of the boundaries of the 11
reserve; and 12
(b) the amended description of the land dedicated as the 13
reserve. 14
`(5) The change of the boundaries of a reserve takes effect on the 15
day the adjustment notice or plan of subdivision for the 16
change is registered. 17
`31B Changing community purpose 18
`(1) The Minister may change the community purpose for which a 19
reserve is dedicated. 20
`(2) However, the Minister may change the community purpose 21
for which a reserve is dedicated to a purpose mentioned in 22
section 31(2) only if the reserve is transferable land. 23
`(3) Also, the Minister may change the community purpose of a 24
reserve dedicated for a purpose mentioned in section 31(2) 25
only to Aboriginal purposes or Torres Strait Islander purposes. 26
`(4) The Minister may change the community purpose for which a 27
reserve is dedicated under this section without receiving an 28
application under section 31C(b). 29
`(5) The community purpose for which a reserve is dedicated is 30
changed by registering an adjustment notice. 31
`(6) The adjustment notice must state-- 32
(a) the reason for the change of community purpose of the 33
reserve; and 34
s 23 30 s 23
Land and Other Legislation Amendment Bill 2007
(b) the changed community purpose for which the reserve is 1
dedicated. 2
`(7) The change of community purpose for which a reserve is 3
dedicated takes effect on the day the adjustment notice for the 4
change is registered. 5
`31C Applying for dedication or adjustment of reserve 6
`A person may apply to the Minister for the dedication of a 7
reserve and the trustee of a reserve may apply-- 8
(a) to change the boundaries of the reserve; or 9
(b) to change the purpose for which the reserve is dedicated. 10
`31D Notice of proposal to dedicate or adjust reserve 11
`(1) If the Minister proposes to dedicate unallocated State land as a 12
reserve, written notice of the proposal must be given to the 13
following-- 14
(a) the proposed trustee of the reserve; 15
(b) a person who made an application under section 31C, 16
other than the proposed trustee; 17
(c) each person with a registered interest in the unallocated 18
State land over which the reserve is proposed to be 19
dedicated; 20
(d) another person the Minister considers should be given 21
the notice. 22
`(2) If the Minister proposes to change the boundaries of a reserve, 23
written notice of the proposal must be given to the 24
following-- 25
(a) the trustee of the reserve; 26
(b) a person who made an application under section 31C, 27
other than the trustee; 28
(c) each person with a registered interest in the reserve; 29
(d) another person the Minister considers should be given 30
the notice. 31
s 23 31 s 23
Land and Other Legislation Amendment Bill 2007
`(3) If the Minister proposes to change the purpose for which a 1
reserve is dedicated, written notice of the proposal must be 2
given to the following-- 3
(a) the trustee of the reserve; 4
(b) a person who made an application under section 31C, 5
other than the trustee; 6
(c) each person with a registered interest in the reserve; 7
(d) another person the Minister considers should be given 8
the notice. 9
`(4) The notice must-- 10
(a) be in the approved form; and 11
(b) state the following-- 12
(i) the reason for the proposal; 13
(ii) that the person given the notice may make a 14
submission against the proposal to the Minister; 15
(iii) that the submission must be made in the approved 16
form; 17
(iv) the closing day for the submission; 18
(v) the place where or the way the submission must be 19
lodged. 20
`31E Submissions 21
`(1) A person given notice of a proposal under section 31D, other 22
than a person who applied for the dedication or adjustment of 23
the reserve, may make a submission against the proposal to 24
the Minister. 25
`(2) The submission must-- 26
(a) be made in the approved form; and 27
(b) be received by the closing day for the submission in the 28
notice under section 31D(4)(b)(iv); and 29
(c) be lodged at the place or in the way stated in the notice 30
under section 31D(4)(b)(v). 31
s 24 32 s 25
Land and Other Legislation Amendment Bill 2007
`(3) The Minister must consider all submissions received under 1
this section before dedicating, changing the boundaries of, or 2
changing the purpose for, the reserve. 3
`31F Notice of registration of action in relation to reserve 4
`(1) Written notice of the registration of an action in relation to a 5
reserve must be given to each person given notice under 6
section 31D about the proposed action. 7
`(2) The notice must include the date of registration of the action. 8
`(3) If an action is not registered, written notice of the fact must be 9
given to each person given notice under section 31D about the 10
proposed action. 11
`(4) In this section-- 12
action, in relation to a reserve, means-- 13
(a) the dedication of the reserve under section 31; or 14
(b) the change of the boundaries of the reserve under 15
section 31A; or 16
(c) the change of community purpose for which the reserve 17
is dedicated under section 31B.'. 18
Clause 24 Amendment of s 33 (Revocation of reserves) 19
(1) Section 33(1), `, by gazette' to `revoke'-- 20
omit, insert-- 21
`may revoke the dedication of'. 22
(2) Section 33(2), (3) and (4)-- 23
omit, insert-- 24
`(2) The Minister may revoke the dedication of all or part of a 25
reserve without receiving an application under section 34.'. 26
Clause 25 Replacement of s 34 (Revocation of reserve cancels 27
appointments, leases and permits) 28
Section 34-- 29
omit, insert-- 30
s 25 33 s 25
Land and Other Legislation Amendment Bill 2007
`34 Applying to revoke dedication of reserve 1
`A person may apply for the revocation of the dedication of all 2
or part of a reserve. 3
`34A Notice of proposal to revoke dedication of reserve 4
`(1) If the Minister proposes to revoke the dedication of all or part 5
of a reserve, written notice of the proposal must be given to 6
the following-- 7
(a) the trustee of the reserve; 8
(b) any person who applied for the revocation, other than 9
the trustee; 10
(c) each person with a registered interest in the reserve; 11
(d) another person the Minister considers should be given 12
the notice. 13
`(2) The notice must-- 14
(a) be in the approved form; and 15
(b) state the following-- 16
(i) the reason for the proposed revocation; 17
(ii) that the person given the notice may make a 18
submission against the proposed revocation to the 19
Minister; 20
(iii) that the submission must be made in the approved 21
form; 22
(iv) the closing day for the submission; 23
(v) the place where or the way the submission must be 24
lodged. 25
`34B Submissions 26
`(1) A person given notice of a proposal to revoke the dedication 27
of all or part of a reserve under section 34A(1), other than a 28
person who applied for the revocation of the dedication of the 29
reserve, may make a submission against the proposed 30
revocation to the Minister. 31
s 25 34 s 25
Land and Other Legislation Amendment Bill 2007
`(2) The submission must-- 1
(a) be made in the approved form; and 2
(b) be received by the closing day for the submission stated 3
in the notice under section 34A(2)(b)(iv); and 4
(c) be lodged at the place or in the way stated in the notice 5
under section 34A(2)(b)(v). 6
`(3) The Minister must consider all submissions received under 7
this section before revoking the dedication of the reserve. 8
`34C Removal of interests before revocation 9
`Before the Minister revokes the dedication of a reserve-- 10
(a) any State lease or easement existing over the reserve 11
must be resumed or surrendered; and 12
(b) any permit to occupy existing over the reserve must be 13
cancelled or surrendered. 14
Note-- 15
Under section 372(2), a public utility easement may continue 16
over unallocated State land when the dedication of a reserve is 17
revoked. 18
`34D Registration revokes dedication of reserve 19
`(1) The dedication of all or part of a reserve is revoked by 20
registering a revocation notice or plan of subdivision for the 21
reserve. 22
`(2) However, if the revocation relates to only part of a lot, the 23
revocation may only be made by registering a plan of 24
subdivision. 25
`(3) Also, if all or part of a reserve for cemetery purposes has been 26
used for cemetery purposes, the dedication of the reserve or 27
any part of it may be revoked under this section only if a 28
regulation authorises the revocation. 29
`(4) A revocation notice or plan of subdivision registered for 30
subsection (3)-- 31
(a) must state the particulars of the regulation mentioned in 32
subsection (3); and 33
s 25 35 s 25
Land and Other Legislation Amendment Bill 2007
(b) may only be registered when the Statutory Instruments 1
Act 1992, section 50, can no longer operate to cause the 2
regulation to cease to have effect. 3
`(5) The revocation of the dedication of all or part of a reserve 4
takes effect on the day a revocation notice or plan of 5
subdivision is registered. 6
`34E Notice of revocation 7
`(1) Written notice of the revocation of the dedication of a reserve 8
must be given to each person given notice under section 9
34A(1) about the proposed revocation. 10
`(2) The notice under subsection (1) must include all of the 11
following-- 12
(a) the date of the revocation; 13
(b) the effect, under section 34F, of the revocation; 14
(c) if there are improvements on the land the subject of the 15
reserve owned by the person receiving the notice--a 16
statement that the person may apply to remove the 17
improvements. 18
`(3) If the Minister decides not to revoke the dedication of a 19
reserve, written notice of the fact must be given to each person 20
given notice under section 34A(1) about the proposed 21
revocation. 22
`34F Effect of revocation 23
`On the revocation of all or part of a reserve, all of the 24
following apply in relation to the land the subject of the 25
revocation-- 26
(a) the reserve ends; 27
(b) all appointments of trustees are cancelled; 28
(c) all trustee leases and interests in the trustee leases are 29
cancelled; 30
(d) all trustee permits are cancelled; 31
(e) the land becomes unallocated State land; 32
s 25 36 s 25
Land and Other Legislation Amendment Bill 2007
(f) no person has a right to claim compensation from the 1
Minister or the State for the revocation. 2
`34G Person to give up possession 3
`(1) On the revocation of the dedication of all or part of a reserve, 4
a person occupying land the subject of the revocation must 5
immediately vacate the land. 6
`(2) A person who does not give up possession under subsection 7
(1), and is not otherwise entitled to possession, is a person 8
who is unlawfully occupying unallocated State land. 9
Note-- 10
Action for trespassing may be taken under chapter 7, part 2. 11
`34H Dealing with improvements 12
`(1) An owner of improvements on a reserve the dedication of 13
which has been revoked may apply to remove the owner's 14
improvements on the reserve. 15
`(2) The owner may remove the improvements only with the 16
written approval of, and within a time stated by, the Minister. 17
`(3) The improvements become the property of the State if-- 18
(a) the Minister refuses to give written approval for their 19
removal; or 20
(b) the Minister gives written approval for their removal but 21
the improvements have not been removed within the 22
time stated by the Minister. 23
`(4) However, if the land the subject of revocation is leased or 24
sold, the owner has a right to payment for the improvements 25
under chapter 5, part 5. 26
`(5) In this section-- 27
owner, of improvements, means-- 28
(a) if the trustee of the reserve the dedication of which has 29
been revoked owned the improvements--the trustee; or 30
(b) a person who-- 31
s 25 37 s 25
Land and Other Legislation Amendment Bill 2007
(i) made the improvements with the trustee's 1
authority; and 2
(ii) owned the improvements. 3
`Subdivision 2 Operational reserves 4
`34I Applying for deed of grant 5
`(1) The trustee of an operational reserve may apply for the issue 6
of a deed of grant over the reserve. 7
`(2) An application under subsection (1) may not be made for the 8
issue of a deed of grant over part only of the reserve. 9
`34J Notice of proposal to issue deed of grant 10
`(1) If the Governor in Council proposes to issue a deed of grant 11
over an operational reserve, written notice of the proposal 12
must be given to the following-- 13
(a) the trustee of the reserve; 14
(b) each person with a registered interest in the reserve; 15
(c) another person the Minister considers should be given 16
the notice. 17
`(2) The notice must-- 18
(a) be in the approved form; and 19
(b) state the following-- 20
(i) the reason for the proposed issue of a deed of 21
grant; 22
(ii) that the person given the notice may make a 23
submission against the issue of the deed of grant to 24
the Governor in Council; 25
(iii) that the submission must be made in the approved 26
form; 27
(iv) the closing day for the submission; 28
(v) the place where or the way the submission must be 29
lodged. 30
s 25 38 s 25
Land and Other Legislation Amendment Bill 2007
`34K Submissions 1
`(1) A person given notice of a proposal under section 34J(1), 2
other than a trustee of the operational reserve, may make a 3
submission against the issue of the deed of grant to the 4
Governor in Council. 5
`(2) The submission must-- 6
(a) be made in the approved form; and 7
(b) be received by the closing day for the submission in the 8
notice under section 34J(2)(b)(iv); and 9
(c) be lodged at the place or in the way stated in the notice 10
under section 34J(2)(b)(v). 11
`(3) The Governor in Council must consider all submissions 12
received under this section before issuing the deed of grant. 13
`34L Removal of interests before grant 14
`Before the Governor in Council may issue a deed of grant 15
over an operational reserve-- 16
(a) any State lease that exists over the reserve must be 17
resumed or surrendered; and 18
(b) any permit to occupy that exists over the reserve must be 19
cancelled or surrendered. 20
`34M Registration of deed of grant revokes reservation 21
and setting apart 22
`(1) The reservation and setting aside of an operational reserve is 23
revoked by registering a deed of grant over the reserve. 24
`(2) The deed of grant takes effect on the day the deed of grant is 25
registered. 26
`34N Notice of registration of deed of grant 27
`(1) Written notice of the registration of the deed of grant over an 28
operational reserve must be given to each person given notice 29
under section 34J(1) about the issue of the deed of grant. 30
s 26 39 s 26
Land and Other Legislation Amendment Bill 2007
`(2) The notice under subsection (1) must include both of the 1
following-- 2
(a) the date of registration of the deed of grant; 3
(b) the effect, under section 34O, of the registration of the 4
deed of grant. 5
`(3) If the Governor in Council does not issue a deed of grant over 6
an operational reserve, written notice of the fact must be given 7
to each person given notice under section 34J(1) about the 8
proposed issue of the deed of grant. 9
`34O Effect of revocation 10
`On the registration of a deed of grant over an operational 11
reserve, all of the following apply-- 12
(a) the reservation and setting apart of the reserve is 13
revoked; 14
(b) the reserve ends; 15
(c) all appointments of trustees are cancelled; 16
(d) the deed of grant is issued subject to-- 17
(i) all easements and trustee leases over the reserve; 18
and 19
(ii) all registered interests in the easements and trustee 20
leases.'. 21
Clause 26 Amendment of s 35 (Use for community purposes of land 22
granted in trust) 23
Section 35-- 24
insert-- 25
`(3) The Governor in Council may notify an additional community 26
purpose without receiving an application under section 27
38A(1)(a). 28
`(4) An additional community purpose for land granted in trust is 29
registered by registering an adjustment notice. 30
`(5) The adjustment notice under subsection (4) must state-- 31
s 27 40 s 27
Land and Other Legislation Amendment Bill 2007
(a) the particulars of the gazette notice notifying an 1
additional community purpose; and 2
(b) the additional community purpose for the deed of grant 3
in trust. 4
`(6) The additional community purpose for land granted in trust 5
takes effect on the day the adjustment notice is registered.'. 6
Clause 27 Amendment of s 36 (Amalgamating land with common 7
purposes) 8
(1) Section 36(1), `If land to be granted in trust'-- 9
omit, insert-- 10
`If unallocated State land to be granted in trust for a purpose'. 11
(2) Section 36(2)-- 12
omit, insert-- 13
`(2) If land contained in a deed of grant in trust for a purpose 14
adjoins land contained in another deed of grant in trust for the 15
same purpose, both areas of land may be included in a single 16
deed of grant in trust. 17
Note for subsections (1) and (3)-- 18
A deed of grant issued because of an addition of land is issued under 19
section 358. 20
`(3) However, the following land must not be included with land 21
contained in a deed of grant in trust issued on or after 1 July 22
1995-- 23
(a) land contained in a deed of grant in trust issued before 1 24
July 1995; 25
(b) land contained in a conditional deed that became a deed 26
of grant in trust under section 493(1). 27
`(4) For this section-- 28
(a) land separated from other land by a road or watercourse 29
is taken to adjoin the other land; and 30
(b) a reference to a deed of grant in trust issued before 1 31
July 1995 is taken to include a reference to a deed of 32
grant in trust issued on or after 1 July 1995 under 33
s 28 41 s 30
Land and Other Legislation Amendment Bill 2007
section 358 for land originally granted in trust before 1 1
July 1995.'. 2
Clause 28 Amendment of s 37 (Removing area from deed of grant in 3
trust) 4
Section 37(3), `or with the trustees approval'-- 5
omit, insert-- 6
`or a person with the trustee's authority'. 7
Clause 29 Amendment of s 38 (Cancelling a deed of grant in trust) 8
(1) Section 38(2), from `Before' to `Council'-- 9
omit, insert-- 10
`Before a deed of grant in trust is cancelled, the Minister'. 11
(2) Section 38(3) to (7)-- 12
omit, insert-- 13
`(3) The Governor in Council may cancel a deed of grant in trust 14
without receiving an application under section 38A(2). 15
`(4) A deed of grant in trust is cancelled by the registration of a 16
cancellation notice. 17
`(5) The cancellation notice must include the particulars of the 18
gazette notice cancelling the deed of grant in trust. 19
`(6) The cancellation of the deed of grant in trust takes effect on 20
the day the cancellation notice is registered.'. 21
Clause 30 Insertion of new ss 38A38G 22
Chapter 3, part 1, division 3-- 23
insert-- 24
`38A Applying for additional community purpose, 25
amalgamation or cancellation 26
`(1) The trustee of a deed of grant in trust may apply-- 27
(a) for an additional community purpose to be notified 28
under section 35; or 29
s 30 42 s 30
Land and Other Legislation Amendment Bill 2007
(b) to amalgamate land with common purposes under 1
section 36. 2
`(2) A person may apply for the cancellation of a deed of grant in 3
trust under section 38. 4
`38B Notice of proposal to add community purpose, 5
amalgamate land or cancel 6
`(1) If the Minister proposes to notify an additional community 7
purpose for land granted in trust under section 35, written 8
notice of the proposal must be given to the following-- 9
(a) the trustee of the deed of grant in trust; 10
(b) a person who made an application under section 11
38A(1)(a); 12
(c) each person with a registered interest in the trust land; 13
(d) another person the Minister considers should be given 14
the notice. 15
`(2) If the Minister proposes to amalgamate land with common 16
purposes under section 36, written notice of the proposal must 17
be given to the following-- 18
(a) the trustee of the deed of grant in trust; 19
(b) a person who made an application under section 20
38A(1)(b); 21
(c) each person with a registered interest in the trust land; 22
(d) another person the Minister considers should be given 23
the notice. 24
`(3) If the Minister proposes to cancel a deed of grant in trust 25
under section 38, written notice of the proposal must be given 26
to the following-- 27
(a) the trustee of the deed of grant in trust; 28
(b) a person who made an application under section 38A(2); 29
(c) each person with a registered interest in the trust land; 30
(d) another person the Minister considers should be given 31
the notice. 32
`(4) The notice must-- 33
s 30 43 s 30
Land and Other Legislation Amendment Bill 2007
(a) be in the approved form; and 1
(b) state the following-- 2
(i) the reason for the proposal; 3
(ii) that the person given the notice may make a 4
submission against the proposal to the Governor in 5
Council; 6
(iii) that the submission must be made in the approved 7
form; 8
(iv) the closing day for the submission; 9
(v) the place where or the way the submission must be 10
lodged. 11
`38C Submissions 12
`(1) A person given notice of a proposal under section 38B, other 13
than a person who applied for the cancellation of the deed of 14
grant in trust, may make a submission against the proposal to 15
the Governor in Council. 16
`(2) The submission must-- 17
(a) be made in the approved form; and 18
(b) be received by the closing day for the submission in the 19
notice under section 38B(4)(b)(iv); and 20
(c) be lodged at the place or in the way stated in the notice 21
under section 38B(4)(b)(v). 22
`(3) The Governor in Council must consider all submissions 23
received under this section before adding a community 24
purpose to, amalgamating land with, or cancelling the deed of 25
grant in trust. 26
`38D Notice of registration of action 27
`(1) Written notice of the registration of an action in relation to a 28
deed of grant in trust must be given to each person given 29
notice under section 38B about the proposed action. 30
`(2) The notice under subsection (1) must include the following-- 31
(a) the date of registration of the action; 32
s 30 44 s 30
Land and Other Legislation Amendment Bill 2007
(b) if the action is the addition of a community purpose for 1
the deed of grant in trust--a copy of the gazette notice 2
mentioned in section 35(2); 3
(c) if the action is the amalgamation of land with common 4
purposes--the particulars of the new deed of grant in 5
trust issued under section 358; 6
(d) if the action is the cancellation of a deed of grant in 7
trust-- 8
(i) a copy of the gazette notice mentioned in section 9
38(1); and 10
(ii) the effect, under section 38E, of the cancellation; 11
and 12
(iii) if there are improvements on the land the subject of 13
the deed of grant in trust owned by the person 14
receiving the notice--a statement that the person 15
may apply to remove the improvements. 16
`(3) If an action is not registered, written notice of the fact must be 17
given to each person given notice under section 38B(1) about 18
the proposed action. 19
`(4) In this section-- 20
action, in relation to a deed of grant in trust, means-- 21
(a) the addition of a community purpose for the deed of 22
grant in trust under section 35(2); or 23
(b) the amalgamation of land with common purposes under 24
section 36; or 25
(c) the cancellation of a deed of grant in trust under section 26
38. 27
`38E Effect of cancellation 28
`On the cancellation of a deed of grant in trust, all of the 29
following apply-- 30
(a) the trust ends; 31
(b) all appointments of trustees are cancelled; 32
(c) all interests in the deed of grant in trust are cancelled; 33
s 30 45 s 30
Land and Other Legislation Amendment Bill 2007
(d) the land becomes unallocated State land; 1
(e) no person has a right to claim compensation from the 2
Minister or the State for the cancellation. 3
`38F Person to give up possession 4
`(1) On the cancellation of a deed of grant in trust, a person 5
occupying the land the subject of the cancellation must 6
immediately vacate the land. 7
`(2) A person who does not give up possession under subsection 8
(1), and is not otherwise entitled to possession, is a person 9
who is unlawfully occupying unallocated State land. 10
Note-- 11
Action for trespassing may be taken under chapter 7, part 2. 12
`38G Dealing with improvements 13
`(1) An owner of improvements on a deed of grant in trust that has 14
been cancelled may apply to remove the owner's 15
improvements on the deed of grant in trust. 16
`(2) The owner may remove the improvements only with the 17
written approval of, and within a time stated by, the Minister. 18
`(3) The improvements become the property of the State if-- 19
(a) the Minister has not given written approval for their 20
removal; or 21
(b) the Minister has given written approval for their removal 22
but the improvements have not been removed within the 23
time stated by the Minister. 24
`(4) However, if the land the subject of cancellation is leased or 25
sold, the owner has a right to payment for the improvements 26
under chapter 5, part 5. 27
`(5) In this section-- 28
owner, of improvements, means-- 29
(a) if the trustee under the cancelled deed of grant in trust 30
owned the improvements--the trustee; or 31
(b) a person who-- 32
s 31 46 s 33
Land and Other Legislation Amendment Bill 2007
(i) made the improvements with the trustee's 1
authority; and 2
(ii) owned the improvements.'. 3
Clause 31 Insertion of new s 42A 4
After section 42-- 5
insert-- 6
`42A Amalgamating unallocated State land with existing 7
deeds of grant in trust 8
`(1) This section applies to unallocated State land that is-- 9
(a) transferable land; and 10
(b) located within or adjoining the external boundaries of 11
the land the subject of an existing deed of a grant in 12
trust. 13
`(2) The State may prepare a plan of subdivision showing the 14
inclusion of the unallocated State land with the land the 15
subject of the deed of grant in trust. 16
`(3) Section 452A does not apply to the unallocated State land 17
included with the deed of grant in trust.'. 18
Clause 32 Amendment of s 43 (Only Parliament may delete land 19
from or cancel an existing deed of grant in trust) 20
Section 43-- 21
insert-- 22
`(3) Subsection (1)(b) does not apply to the cancellation of a deed 23
of grant in trust under section 358 for the purposes of an 24
amalgamation under section 42A.'. 25
Clause 33 Amendment of s 44 (Appointing trustees) 26
(1) Section 44(1), `, by gazette notice,'-- 27
omit. 28
(2) Section 44(2), paragraphs (c) and (e)-- 29
omit. 30
s 34 47 s 34
Land and Other Legislation Amendment Bill 2007
(3) Section 44(2), paragraphs (a) and (b)-- 1
renumber as paragraphs (b) and (c). 2
(4) Section 44(2)-- 3
insert-- 4
`(a) the State; or'. 5
(5) Section 44-- 6
insert-- 7
`(4) Before a trustee may be appointed, the Minister must be given 8
written acceptance of the appointment. 9
`(5) Written acceptance of the appointment under subsection (4) 10
must be in the approved form. 11
`(6) A trustee is appointed by registering a trustee of trust land 12
notice or plan of subdivision. 13
`(7) The appointment of a trustee under subsection (1) is 14
effective-- 15
(a) if the appointment is the appointment of a trustee of a 16
reserve--on the day the trustee of trust land notice or 17
plan of subdivision for the dedication of the reserve is 18
registered; or 19
(b) if the appointment is the appointment of a trustee of a 20
deed of grant in trust--on the day the trustee of trust 21
land notice for the appointment is registered. 22
`(8) A plan of subdivision mentioned in subsection (7)(a) must 23
include all of the following-- 24
(a) the Minister's approval of the appointment; 25
(b) the name of the trustee; 26
(c) any conditions to which the appointment is subject 27
under subsection (3).'. 28
Clause 34 Amendment of s 45 (Details of trustees) 29
Section 45(1)-- 30
omit, insert-- 31
`(1) A change to a name of a trustee must be registered.'. 32
s 35 48 s 38
Land and Other Legislation Amendment Bill 2007
Clause 35 Amendment of s 48 (Trustees to give information and 1
allow inspection of records) 2
Section 48(a), from `prepare' to `Minister'-- 3
omit, insert-- 4
`apply for the approval of'. 5
Clause 36 Amendment of s 50 (Vacation of office by trustee) 6
(1) Section 50(2)-- 7
renumber as section 50(3). 8
(2) Section 50-- 9
insert-- 10
`(2) The vacation of office of a trustee must be registered.'. 11
(3) Section 50(3) as renumbered, after `appoint'-- 12
insert-- 13
`, under section 44,'. 14
Clause 37 Amendment of s 51 (Removal of trustees) 15
(1) Section 51(2)-- 16
renumber as section 51(3). 17
(2) Section 51-- 18
insert-- 19
`(2) The removal of a trustee from office must be registered.'. 20
(3) Section 51(3) as renumbered, after `appoint'-- 21
insert-- 22
`, under section 44,'. 23
Clause 38 Amendment of s 52 (General powers of trustee) 24
(1) Section 52(2)(c)-- 25
omit, insert-- 26
`(c) any conditions of appointment of the trustee.'. 27
s 39 49 s 39
Land and Other Legislation Amendment Bill 2007
(2) Section 52-- 1
insert-- 2
`(3) Despite subsection (2)(a), the Minister may approve action 3
that is inconsistent (inconsistent action) with the purpose for 4
which the reserve was dedicated or the land was granted in 5
trust if the Minister is reasonably satisfied the inconsistent 6
action will not-- 7
(a) diminish the purpose for which the reserve was 8
dedicated or the land was granted in trust; or 9
(b) adversely affect any business in the area surrounding the 10
reserve or land granted in trust. 11
`(4) The Minister's approval under subsection (3) may be subject 12
to conditions. 13
`(5) A trustee of trust land may apply for the approval of an 14
inconsistent action under subsection (3).'. 15
Clause 39 Insertion of new s 53A 16
After section 53-- 17
insert-- 18
`53A State trustee powers and delegation 19
`(1) If the State is the trustee of trust land, the State may only 20
exercise, for the trust land, powers that are not inconsistent 21
with this Act. 22
`(2) A relevant Minister for trust land may delegate a power of the 23
State as trustee of trust land to an appropriately qualified 24
officer of the State. 25
`(3) In this section-- 26
appropriately qualified includes having the qualifications, 27
experience or standing appropriate to exercise the power. 28
Example of standing-- 29
a person's level of employment in the entity in which the person is 30
employed 31
officer of the State means a public service officer and any 32
other person employed in a public sector unit. 33
s 40 50 s 41
Land and Other Legislation Amendment Bill 2007
relevant Minister, for trust land, means the Minister having 1
responsibility for the State for administering the trust land.'. 2
Clause 40 Amendment of s 55 (Power to surrender) 3
(1) Section 55, heading, after `surrender'-- 4
insert-- 5
`deed of grant in trust'. 6
(2) Section 55(1)-- 7
omit, insert-- 8
`(1) A trustee may surrender all or part of a deed of grant in trust-- 9
(a) on terms agreed to between the Minister and the trustee; 10
and 11
(b) with the Minister's written approval.'. 12
(3) Section 55(3), (4), (5) and (6)-- 13
omit. 14
Clause 41 Insertion of new ss 55A55H 15
After section 55-- 16
insert-- 17
`55A Applying to surrender 18
`The trustee of a deed of grant in trust may apply to surrender 19
all or part of the deed of grant in trust. 20
`55B Notice of proposal to approve surrender 21
`(1) If the Minister proposes to approve a surrender of all or part of 22
a deed of grant in trust, written notice of the proposal must be 23
given to the following-- 24
(a) the trustee of the deed of grant in trust; 25
(b) each person with a registered interest in the deed of 26
grant in trust; 27
(c) another person the Minister considers should be given 28
the notice. 29
s 41 51 s 41
Land and Other Legislation Amendment Bill 2007
`(2) The notice must-- 1
(a) be in the approved form; and 2
(b) state the following-- 3
(i) the reason for the proposed surrender; 4
(ii) that the person given the notice may make a 5
submission against the proposed surrender to the 6
Minister; 7
(iii) that the submission must be made in the approved 8
form; 9
(iv) the closing day for the submission; 10
(v) the place where or the way the submission must be 11
lodged. 12
`55C Submissions 13
`(1) A person given notice of a proposal under section 55B(1), 14
other than the trustee, may make a submission against the 15
proposal to the Minister. 16
`(2) The submission must-- 17
(a) be made in the approved form; and 18
(b) be received by the closing day for the submission in the 19
notice under section 55B(2)(b)(iv); and 20
(c) be lodged at the place or in the way stated in the notice 21
under section 55B(2)(b)(v). 22
`(3) The Minister must consider all submissions received under 23
this section before approving the surrender of the deed of 24
grant in trust. 25
`55D Registration surrenders deed of grant in trust 26
`(1) All or part of a deed of grant in trust may be surrendered by 27
registering a surrender notice or plan of subdivision. 28
`(2) However, if the surrender relates to only part of a lot, the 29
surrender may only be made by registering a plan of 30
subdivision. 31
s 41 52 s 41
Land and Other Legislation Amendment Bill 2007
`(3) The surrender of all or part of a deed of grant in trust takes 1
effect on the day a surrender notice or plan of subdivision is 2
registered. 3
`(4) The Land Title Act 1994, section 50, and the provisions of the 4
Integrated Planning Act 1997, about reconfiguring a lot do 5
not apply to a plan of subdivision registered to give effect to a 6
surrender under this section. 7
`55E Notice of surrender 8
`(1) Written notice of the surrender of a deed of grant in trust must 9
be given to each person given notice under section 55B(1) 10
about the proposed surrender. 11
`(2) The notice must include all of the following-- 12
(a) the date of the surrender; 13
(b) the effect, under section 55F, of the surrender; 14
(c) if there are improvements on the land the subject of the 15
deed of grant in trust owned by the person receiving the 16
notice--a statement that the person may apply to 17
remove the improvements. 18
`(3) If the Minister decides not to approve the surrender of a deed 19
of grant in trust, written notice of the fact must be given to 20
each person given notice under section 55B(1) about the 21
proposed surrender. 22
`55F Effect of surrender 23
`On the surrender of all or part of a deed of grant in trust, the 24
following applies in relation to the land the subject of the 25
surrender-- 26
(a) the trusts ends; 27
(b) all appointments of trustees are cancelled; 28
(c) all interests in the deed of grant in trust are extinguished; 29
(d) the land becomes unallocated State land; 30
(e) no person has a right to claim compensation from the 31
Minister or the State for the surrender. 32
s 41 53 s 41
Land and Other Legislation Amendment Bill 2007
`55G Person to give up possession on surrender 1
`(1) On the surrender of all or part of a deed of grant in trust, a 2
person occupying the land the subject of the surrender must 3
immediately vacate the land. 4
`(2) A person who does not give up possession under subsection 5
(1), and is not otherwise entitled to possession, is a person 6
who is unlawfully occupying unallocated State land. 7
Note-- 8
Action for trespassing may be taken under chapter 7, part 2. 9
`55H Dealing with improvements 10
`(1) An owner of improvements on a deed of grant in trust that has 11
been surrendered may apply to remove the owner's 12
improvements on the deed of grant in trust. 13
`(2) The owner may remove the improvements only with the 14
written approval of, and within a time stated by, the Minister. 15
`(3) The improvements become the property of the State if-- 16
(a) the Minister has not given written approval for their 17
removal; or 18
(b) the Minister has given written approval for their removal 19
but the improvements have not been removed within the 20
time stated by the Minister. 21
`(4) However, if the land the subject of surrender is leased or sold, 22
the owner has a right to payment for the improvements under 23
chapter 5, part 5. 24
`(5) In this section-- 25
owner, of improvements, means-- 26
(a) if the trustee under the surrendered deed of grant in trust 27
owned the improvements--the trustee; or 28
(b) a person who-- 29
(i) made the improvements on the land the subject of 30
the surrender with the trustee's authority; and 31
(ii) owned the improvements.'. 32
s 42 54 s 43
Land and Other Legislation Amendment Bill 2007
Clause 42 Amendment of s 57 (Trustee leases) 1
(1) Section 57(2), after `conditions'-- 2
insert-- 3
`, including, for example, that a stated mandatory standard 4
terms document must form part of the lease'. 5
(2) Section 57-- 6
insert-- 7
`(2A) Despite subsections (1) and (2) a trustee may, without the 8
Minister's approval, lease (a construction trustee lease) all or 9
part of the trust land to the State for the construction of 10
transport infrastructure and the provision of transport services 11
on the lease land. 12
`(2B) A construction trustee lease may be granted even if its 13
purpose is inconsistent with the purpose for which the trust 14
land was reserved or granted in trust.'. 15
(3) Section 57-- 16
insert-- 17
`(3A) This section does not authorise the construction of works 18
under a construction trustee lease before the lease is 19
registered.'. 20
Clause 43 Amendment of s 58 (Other transactions relating to 21
trustee leases) 22
(1) Section 58(2), after `conditions'-- 23
insert-- 24
`, including, for example, in the case of a proposed sublease, 25
that a stated mandatory standard terms document must form 26
part of the sublease'. 27
(2) Section 58-- 28
insert-- 29
`(2A) Despite subsections (1) and (2)-- 30
(a) the State as the lessee under a construction trustee lease 31
under section 57(2A) may, without the trustee's or 32
Minister's approval, sublease (a construction trustee 33
s 44 55 s 44
Land and Other Legislation Amendment Bill 2007
sublease) all or part of the lease land to someone else 1
for the purposes mentioned in section 57(2A); and 2
(b) the sublessee may further sublease the land the subject 3
of the sublease. 4
`(2B) A construction trustee sublease may be granted even if its 5
purpose is inconsistent with the purpose for which the trust 6
land was reserved or granted in trust.'. 7
(3) Section 58-- 8
insert-- 9
`(6A) This section does not authorise the construction of works 10
under a construction trustee sublease before the sublease is 11
registered.'. 12
Clause 44 Amendment of s 60 (Trustee permits) 13
(1) Section 60(2), `guidelines prescribed under the regulations'-- 14
omit, insert-- 15
`requirements prescribed under a regulation'. 16
(2) Section 60(3), `3 months'-- 17
omit, insert-- 18
`1 year'. 19
(3) Section 60-- 20
insert-- 21
`(4) A trustee permit must not be for more than 3 years. 22
`(5) If there is a registered mandatory standard terms document 23
that applies generally to trustee permits-- 24
(a) a trustee must not issue a trustee permit under this 25
section unless the standard terms document forms part 26
of the trustee permit; and 27
(b) the trustee permit is of no effect if the document does 28
not form part of the trustee permit. 29
`(6) Subsection (5) applies to a trustee permit whether or not it is 30
required to be registered.'. 31
s 45 56 s 46
Land and Other Legislation Amendment Bill 2007
Clause 45 Amendment of s 63 (Rent to be charged) 1
Section 63(2), from `highest' to `obtained,'-- 2
omit, insert-- 3
`most appropriate rent'. 4
Clause 46 Amendment of s 64 (Minister may dispense with 5
approval) 6
(1) Section 64(1), `a trustee'-- 7
omit, insert-- 8
`a relevant person'. 9
(2) Section 64(1), `trustee leases'-- 10
omit, insert-- 11
`relevant leases'. 12
(3) Section 64(2), `trustee lease'-- 13
omit, insert-- 14
`relevant lease'. 15
(4) Section 64(2), `guidelines prescribed under the regulations'-- 16
omit, insert-- 17
`requirements prescribed under a regulation'. 18
(5) Section 64(4)-- 19
omit, insert-- 20
`(4) A relevant person may apply for approval to lease, sublease or 21
sub-sublease trust land even if an authority is in force. 22
`(5) If there is a registered mandatory standard terms document 23
that applies generally to relevant leases-- 24
(a) a relevant person must not lease, sublease or 25
sub-sublease trust land unless the standard terms 26
document forms part of the relevant lease; and 27
(b) the relevant lease is of no effect if the document does not 28
form part of the relevant lease. 29
s 47 57 s 48
Land and Other Legislation Amendment Bill 2007
`(6) Also, if there is a registered mandatory standard terms 1
document that applies to a stated type of relevant lease-- 2
(a) a relevant person must not issue a relevant lease of the 3
stated type unless the standard terms document forms 4
part of the relevant lease; and 5
(b) the relevant lease is of no effect if the document does not 6
form part of the relevant lease. 7
Examples of stated types of relevant lease-- 8
a lease for a particular purpose or a lease relating to land in a particular 9
area 10
`(7) In this section-- 11
relevant lease means-- 12
(a) a trustee lease; or 13
(b) a sublease of a trustee lease; or 14
(c) a sub-sublease of a sublease of a trustee lease. 15
relevant person means-- 16
(a) a trustee; or 17
(b) a lessee under a trustee lease; or 18
(c) a sublessee under a sublease of a trustee lease.'. 19
Clause 47 Amendment of s 74 (Minister may start winding-up) 20
Section 74(1), from `trust if a--'-- 21
omit, insert-- 22
`trust if-- 23
(a) the dedication of a reserve is revoked; or 24
(b) a deed of grant in trust is cancelled; or 25
(c) a deed of grant in trust is sold by a mortgagee in 26
possession.'. 27
Clause 48 Amendment of s 78 (Winding-up may continue after 28
revocation, cancellation or sale) 29
Section 78(a), before `reserve'-- 30
s 49 58 s 50
Land and Other Legislation Amendment Bill 2007
insert-- 1
`dedication of the'. 2
Clause 49 Replacement of s 94 (Dedication of road by gazette 3
notice) 4
Section 94-- 5
omit, insert-- 6
`94 Dedication of road 7
`(1) The Minister may dedicate unallocated State land as a road for 8
public use. 9
`(2) A person may apply for the dedication of land as a road for 10
public use. 11
`(3) The Minister may dedicate land as a road for public use 12
without receiving a permanent road closure application. 13
`(4) The approval of a road closure application may be subject to 14
conditions. 15
`(5) Land may be dedicated as a road for public use by the 16
registration of a dedication notice or a plan of subdivision. 17
`(6) On the day the dedication notice or plan of subdivision is 18
registered-- 19
(a) the dedication of the land as a road for public use takes 20
effect; and 21
(b) the land is opened for public use as a road.'. 22
Clause 50 Insertion of new s 97A 23
Chapter 3, part 2, division 2-- 24
insert-- 25
`97A Definitions for div 2 26
`In this division-- 27
permanent road closure application means an application to 28
permanently close a road under section 99(1). 29
road closure application means-- 30
s 51 59 s 52
Land and Other Legislation Amendment Bill 2007
(a) a permanent road closure application; or 1
(b) a temporary road closure application. 2
temporary road closure application means an application to
temporarily close a road under section 99(2).'. 3
Clause 51 Amendment of s 98 (Closure of road by gazette notice) 4
(1) Section 98, heading, `by gazette notice'-- 5
omit. 6
(2) Section 98(1), from `may'-- 7
omit, insert-- 8
`may-- 9
(a) permanently close the road under division 4; or 10
(b) temporarily close the road by gazette notice.'. 11
(3) Section 98(2), from `close'-- 12
omit, insert-- 13
`permanently close the road without receiving an application 14
under section 99(1).'. 15
(4) Section 98(3), `The road is'-- 16
omit, insert-- 17
`A road is temporarily'.' 18
Clause 52 Replacement of s 99 (Application to close road) 19
Section 99-- 20
omit, insert-- 21
`99 Application to close road 22
`(1) An entity may apply for the permanent closure of a road if the 23
entity is-- 24
(a) a public utility provider; or 25
(b) an adjoining owner for the road. 26
`(2) A person may apply for the temporary closure of a road if the 27
person is-- 28
s 53 60 s 53
Land and Other Legislation Amendment Bill 2007
(a) an adjoining owner for the road; or 1
(b) another person, if the closure of the road is only for 2
allowing the person to make the structural 3
improvements mentioned in section 104(b)(ii) or (iii). 4
`(3) An adjoining owner who makes a permanent road closure 5
application may ask for the road, on its closure, to be 6
amalgamated with the adjoining owner's adjoining land. 7
`(4) Subsection (5) applies if the adjoining owner under subsection 8
(3) is a registered owner, other than as trustee under a deed of 9
grant in trust, of the adjoining land and other land that would 10
be adversely affected by the permanent closure of the road. 11
`(5) The adjoining owner may ask in the application that, on the 12
closure of the road, the road, the adjoining land and the other 13
land be amalgamated. 14
`(6) The Minister may refuse a road closure application if the 15
Minister is satisfied-- 16
(a) the road is the only dedicated access to a person's land; 17
or 18
(b) the road is, or may be, used regularly by the public as a 19
road or stock route; or 20
(c) the road provides continuity to a road network.'. 21
Clause 53 Amendment of s 100 (Public notice of closure) 22
(1) Section 100(3) and (4)-- 23
renumber as section 100(4) and (5). 24
(2) Section 100(4) as renumbered, `The public notice must 25
include'-- 26
omit, insert-- 27
`Appropriate public notice includes'. 28
(3) Section 100(5) as renumbered-- 29
insert-- 30
`no-through road means a road that-- 31
(a) is closed at one end; and 32
s 54 61 s 54
Land and Other Legislation Amendment Bill 2007
(b) provides access to the land of only 1 adjoining owner for 1
the road. 2
relevant applicant means-- 3
(a) a public utility provider; or 4
(b) an adjoining owner.'. 5
(4) Section 100-- 6
insert-- 7
`(3) However, appropriate public notice of a road closure 8
application is not needed if-- 9
(a) the road closure application is to close a no-through 10
road; or 11
(b) the road closure application is to close part of a road by 12
a volumetric format plan of subdivision and the closure 13
will not adversely affect the part of the road being used 14
as a road.'. 15
Clause 54 Replacement of ch 3, pt 2, divs 4 and 5 16
Chapter 3, part 2, divisions 4 and 5-- 17
omit, insert-- 18
`Division 4 Permanently closed roads 19
`108 Permanent closure of road 20
`(1) If the Minister permanently closes a road, the road is 21
permanently closed by the registration of a plan of 22
subdivision. 23
`(2) The permanent closure of the road takes effect on the day the 24
plan of subdivision is registered. 25
`109 Closed road may be dealt with as lot or 26
amalgamated with adjoining land 27
`(1) If the Minister is satisfied a road being permanently closed is 28
of adequate area, having regard to the location of the road and 29
the use made of adjoining land, to be used as a lot, the road-- 30
s 54 62 s 54
Land and Other Legislation Amendment Bill 2007
(a) must be shown as a lot on the plan of subdivision; and 1
(b) may be dealt with as unallocated State land. 2
`(2) If the Minister is not satisfied under subsection (1), the road 3
must be amalgamated with-- 4
(a) adjoining unallocated State land; or 5
(b) if there is no adjoining unallocated State land--the land 6
of an adjoining owner for the road. 7
`109A Simultaneous opening and closing of roads--deed 8
of grant 9
`(1) A registered owner may apply for the simultaneous opening 10
and closing of roads if-- 11
(a) a road is being opened in the land (the relevant land) the 12
subject of a deed of grant; and 13
(b) at the same time-- 14
(i) a road within the boundaries of or adjoining the 15
relevant land is being closed; or 16
(ii) a road within the boundaries of land (the 17
additional land) the subject of another deed of 18
grant is being closed and the additional land and 19
the relevant land adjoin and are owned by the same 20
registered owner; or 21
(iii) a road adjoining land (also the additional land) the 22
subject of another deed of grant is being closed and 23
the additional land and the relevant land adjoin and 24
are owned by the same registered owner; and 25
(c) the road being opened is a replacement of the road being 26
closed. 27
`(2) The registered owner may ask that the following be included 28
in a deed of grant issued under section 358-- 29
(a) any severance of land created by the road being opened; 30
(b) the road being closed. 31
`(3) The Minister's approval of an application under subsection (1) 32
may be subject to conditions. 33
s 54 63 s 54
Land and Other Legislation Amendment Bill 2007
`(4) A registered owner may appeal against the conditions 1
mentioned in subsection (3). 2
`(5) The Land Title Act 1994, section 50, and the provisions of the 3
Integrated Planning Act 1997, about reconfiguring a lot do 4
not apply to the repositioning of a road under this section. 5
`(6) In this section-- 6
close, a road, means permanently close the road under section 7
108. 8
open, a road, means open for public use as a road under 9
section 94. 10
`109B Simultaneous opening and closure of roads--trust 11
land or lease land 12
`(1) A trustee or lessee may apply for the simultaneous opening 13
and closure of roads if-- 14
(a) a road is being opened in trust land or lease land (the 15
relevant land); and 16
(b) at the same time a road within the boundaries of or 17
adjoining the relevant land is being closed; and 18
(c) the road being opened is a replacement of the road being 19
closed. 20
`(2) If a trustee makes an application under subsection (1), the 21
trustee may ask that the land in the road being closed be 22
included in-- 23
(a) if the trustee is the trustee under a deed of grant in 24
trust--a deed of grant in trust issued under section 358; 25
or 26
(b) if the trustee is the trustee of a reserve--the land 27
dedicated as a reserve under section 31A. 28
`(3) If a lessee makes an application under subsection (1), the 29
lessee may ask that the land in the road being closed-- 30
(a) if the lease is a freeholding lease--be amalgamated with 31
the lease land under section 360(1)(e); or 32
s 54 64 s 54
Land and Other Legislation Amendment Bill 2007
(b) if the lease is a term lease, other than a State lease, or a 1
perpetual lease--be amalgamated with the lease land 2
under section 360A(2)(d). 3
`(4) The Minister's approval of the application may be subject to 4
conditions. 5
`(5) A trustee or lessee may appeal against the conditions 6
mentioned in subsection (4). 7
`(6) The Land Title Act 1994, section 50, and the provisions of the 8
Integrated Planning Act 1997, about reconfiguring a lot do 9
not apply to the replacement of a road in a deed of grant in 10
trust under this section. 11
`(7) In this section-- 12
close, a road, means permanently close the road under section 13
108. 14
open, a road, means open for public use as a road under 15
section 94. 16
`109C Buying or leasing land if closed road amalgamated 17
with adjoining land 18
`(1) This section applies if-- 19
(a) land must be amalgamated under section 109(2)(b); or 20
(b) a registered owner has asked for an amalgamation of 21
land under section 109A(2); or 22
(c) a lessee has asked for an amalgamation of land under 23
section 109B(3). 24
`(2) Before the road is permanently closed, the road must be-- 25
(a) sold to 1 or more adjoining owners who are registered 26
owners or lessees who have freeholding leases; or 27
(b) with or without the payment of a premium as the 28
Minister considers appropriate--leased to 1 or more 29
adjoining owners who are lessees, other than lessees of 30
freeholding leases. 31
`(3) Subsection (2) does not apply to an adjoining owner who is a 32
trustee of trust land. 33
s 55 65 s 57
Land and Other Legislation Amendment Bill 2007
`(4) The Minister must decide the purchase price or the cash 1
premium.'. 2
Clause 55 Renumbering of ch 3, pt 2, div 6 (Building of roads in 3
State developments) 4
Chapter 3, part 2, division 6-- 5
renumber as division 5. 6
Clause 56 Amendment of s 115 (Conditions of sale) 7
Section 115-- 8
insert-- 9
`(3) Subsections (4) and (5) apply to a lease made available by 10
public auction, tender or ballot if-- 11
(a) the lease is for-- 12
(i) rural leasehold land; and 13
(ii) a term of 20 years or more; and 14
(b) the lease land is 100ha or more. 15
`(4) The sale of the lease is subject to a condition that the proposed 16
lessee enter into a land management agreement for the lease. 17
`(5) The lease is subject to conditions that-- 18
(a) there must be a current land management agreement for 19
the lease; and 20
(b) the lessee must comply with the agreement.'. 21
Clause 57 Insertion of new s 120A 22
Chapter 4, part 1, division 2-- 23
insert-- 24
`120A Applying for interest in land without competition 25
`(1) A person may apply for an interest in land that, under this 26
division, may be granted without competition. 27
s 58 66 s 60
Land and Other Legislation Amendment Bill 2007
`(2) If, under this division, the Minister decides to offer the 1
interest, the interest may be offered to the applicant subject to 2
conditions. 3
`(3) If a conditional offer is made, the offer is accepted only if the 4
applicant complies with all of its conditions.'. 5
Clause 58 Amendment of s 122 (Deeds of grant of unallocated State 6
land) 7
(1) Section 122(2), `local government'-- 8
omit, insert-- 9
`constructing authority'. 10
(2) Section 122(4)-- 11
omit. 12
Clause 59 Amendment of s 127 (Reclaimed land) 13
(1) Section 127(1)-- 14
omit, insert-- 15
`(1) If a person has reclaimed land under the authority of an Act-- 16
(a) the Governor in Council may issue to the person, 17
without competition, a deed of grant over all or part of 18
the land; or 19
(b) the Minister may issue to the person, without 20
competition, a lease over all or part of the land.'. 21
(2) Section 127(2), after `Governor in Council'-- 22
insert-- 23
`or Minister'. 24
Clause 60 Amendment of s 129 (Lease for significant development) 25
(1) Section 129(1), `Minister'-- 26
omit, insert-- 27
`chief executive'. 28
(2) Section 129-- 29
s 61 67 s 61
Land and Other Legislation Amendment Bill 2007
insert-- 1
`(5) The application for the lease must not be granted unless the 2
chief executive is satisfied, having regard to the independent 3
assessment, about the applicant's financial and managerial 4
capabilities.'. 5
Clause 61 Insertion of new s 130A 6
After section 130-- 7
insert-- 8
`130A Change of financial and managerial capabilities of 9
lessee of lease for significant development 10
`(1) The Minister may make a note under this section in the 11
appropriate register against a lease under this division if-- 12
(a) in relation to the lease, there has been an independent 13
assessment of at least 1 of the following-- 14
(i) under section 129, an applicant's financial and 15
managerial capabilities; 16
(ii) under section 130, a transferee's financial and 17
managerial capabilities; or 18
(b) if paragraph (a) does not apply in relation to the 19
lease--the Minister is satisfied the lease is a lease for a 20
significant development. 21
`(2) Before acting under subsection (1), the Minister must give the 22
lessee at least 14 days notice in writing of the Minister's 23
intention to make the note. 24
`(3) The lessee of a relevant lease-- 25
(a) must notify the Minister in the approved form as soon as 26
practicable after there is a relevant change to the lessee; 27
and 28
(b) must ensure that the notice to the Minister is 29
accompanied by enough information about the relevant 30
change to allow the Minister to decide whether an 31
independent assessment of the financial and managerial 32
capabilities of the lessee should be performed. 33
s 61 68 s 61
Land and Other Legislation Amendment Bill 2007
`(4) The Minister may cause an independent assessment of the 1
financial and managerial capabilities of a lessee of a relevant 2
lease to be performed if-- 3
(a) the lessee notifies the Minister under subsection (3); or 4
(b) the Minister is satisfied on reasonable grounds that the 5
lessee should have notified the Minister under 6
subsection (3) but has not done so. 7
`(5) To remove any doubt, it is declared that, for section 234(c), 8
the lessee of a lease contravenes a provision of this Act in 9
relation to the lease, and the lease may accordingly be 10
forfeited under chapter 5, part 4, if-- 11
(a) the lease is a relevant lease; and 12
(b) the lessee contravenes subsection (3). 13
`(6) Further, a lease may be forfeited under chapter 5, part 4 as if 14
the lessee had contravened a provision of this Act in relation 15
to the lease if all of the following circumstances apply-- 16
(a) the lease is a relevant lease; 17
(b) an independent assessment of the financial and 18
managerial capabilities of the lessee of the lease is 19
performed under subsection (4); 20
(c) as a result of the assessment, the Minister is satisfied on 21
reasonable grounds that-- 22
(i) there has been a relevant change to the lessee; and 23
(ii) the relevant change can reasonably be expected to 24
detrimentally affect the capacity of the lessee of 25
the lease to meet the lessee's obligations under the 26
lease. 27
`(7) If an independent assessment of the financial and managerial 28
capabilities of a lessee of a relevant lease is performed under 29
subsection (4)-- 30
(a) the Minister may give to the person performing the 31
assessment any information given to the Minister under 32
subsection (3)(b) by the lessee; and 33
(b) the lessee must pay the costs of the assessment; and 34
(c) the cost is not refundable. 35
s 62 69 s 62
Land and Other Legislation Amendment Bill 2007
`(8) If the Minister makes a note under this section against a 1
lease-- 2
(a) written notice of the decision and the reasons for the 3
decision must be given to the lessee; and 4
(b) the lessee may appeal against the decision. 5
`(9) The Minister may remove a note made under this section 6
against a lease if, having regard to the significant development 7
to which the lease relates, the Minister considers its removal is 8
appropriate in all the circumstances. 9
Example-- 10
The Minister might remove a note if the Minister considers development 11
required to be undertaken under the lease is complete or substantially 12
complete. 13
`(10) In this section-- 14
relevant change, to a lessee of a relevant lease, means a 15
change of substance in the financial and managerial 16
capabilities of the lessee. 17
Examples of relevant changes to a lessee-- 18
1 There is a change in the control of the lessee because of a share 19
transaction involving the lessee or a holding company of the lessee, 20
and the persons now directing the operations of the lessee do not 21
have knowledge or experience in the lessee's operations that relate 22
to the relevant lease. 23
2 Receivers are appointed for the lessee. 24
relevant lease means a lease noted in the register under 25
subsection (1).'. 26
Clause 62 Amendment of s 136 (Conditions of offer and lease) 27
Section 136-- 28
insert-- 29
`(5) Subsections (6) and (7) apply to an offer of a lease for an 30
additional area if-- 31
(a) the additional area is 100ha or more; and 32
(b) the lease is to be a perpetual lease or a term lease for 20 33
years or more. 34
s 63 70 s 64
Land and Other Legislation Amendment Bill 2007
`(6) The offer is subject to a condition that the proposed lessee 1
must enter into a land management agreement for-- 2
(a) the additional area (the relevant land); and 3
(b) if the offer includes a condition mentioned in subsection 4
(1) and the condition requires the additional area to be 5
amalgamated or tied with lease land under another 6
lease--the lease land (also the relevant land). 7
`(7) If the offered lease is issued, any lease for the relevant land is 8
subject to conditions that-- 9
(a) there must be a current land management agreement for 10
the lease; and 11
(b) the lessee must comply with the agreement.'. 12
Clause 63 Insertion of new s 138A 13
After section 138-- 14
insert-- 15
`138A Restriction on commencement of lease or permit 16
`A lease or permit under this part must not start until-- 17
(a) for a lease or permit sold under this part--the buyer 18
complies with all of the conditions of sale; or 19
(b) for a lease or permit offered under this part--the offeree 20
complies with all of the conditions of the offer.'. 21
Clause 64 Amendment of s 144 (Division applies only to leases for 22
grazing and agriculture) 23
Section 144-- 24
insert-- 25
`(2) To remove any doubt, it is declared that-- 26
(a) a reference in section 145, 146, 147 or 149 to a lease 27
includes a reference to a sublease of a lease to which 28
this division applies; and 29
(b) a reference in section 147, 149 or 151 to a lessee 30
includes a reference to a sublessee of a sublease of a 31
lease to which this division applies.'. 32
s 65 71 s 66
Land and Other Legislation Amendment Bill 2007
Clause 65 Replacement of s 153 (Leases must be used for purpose 1
issued) 2
Section 153-- 3
omit, insert-- 4
`153 Lease must state its purpose 5
`A lease must state the purpose for which it is issued. 6
Note-- 7
See also sections 16(1) (Deciding appropriate tenure) and 199A (Land 8
may be used only for tenure's purpose).'. 9
Clause 66 Amendment of s 154 (Minister may approve additional 10
purposes) 11
(1) Section 154(2)-- 12
insert-- 13
`(e) whether and in what way the lessee should apply under 14
section 210 to change the conditions of the lease, having 15
regard to the proposed purposes for which the lease is to 16
be used.'. 17
(2) Section 154-- 18
insert-- 19
`(4) The application must be accompanied by the written consent 20
of all persons with a registered interest in the lease. 21
`(5) However, consent under subsection (4) must not be 22
unreasonably withheld. 23
`(6) To remove any doubt, it is declared that an application under 24
subsection (1) may be both for the addition of 1 or more 25
purposes and for the removal of 1 or more purposes. 26
`(7) If the lessee agrees with the matters notified under subsection 27
(2)(b) to (d), and there is no associated change of conditions 28
proposed under section 210, the purposes of the lease, as 29
changed, must be registered. 30
`(8) If the lessee agrees with the matters notified under subsection 31
(2)(b) to (d), and the Minister and the lessee have agreed 32
under section 210 to any associated change of conditions 33
proposed under that section, the purposes of the lease, as 34
s 67 72 s 68
Land and Other Legislation Amendment Bill 2007
changed, must be registered in conjunction with the 1
registration of the change of conditions. 2
`(9) A change in the purposes of a lease is binding from the day 3
the purposes, as changed, are registered.'. 4
Clause 67 Amendment of s 155 (Length of term leases) 5
(1) Section 155, after `term lease'-- 6
insert-- 7
`for land other than rural leasehold land'. 8
(2) Section 155-- 9
insert-- 10
`(3) A term lease for rural leasehold land must not be issued for 11
more than 30 years. 12
`(4) However, a term lease for rural leasehold land may be issued 13
for a term of no more than 40 years if the Minister is satisfied 14
the lease land is in good condition. 15
`(5) Also, a term lease for rural leasehold land may be issued for a 16
term of no more than to 50 years if-- 17
(a) the Minister considers that-- 18
(i) the lease land is in good condition; and 19
(ii) land (the relevant land) that is all or part of the 20
lease land should be the subject of a conservation 21
agreement or conservation covenant; and 22
(b) a conservation agreement has been entered into, or a 23
conservation covenant exists, for the relevant land; and 24
(c) if the Minister considers that it is appropriate for there to 25
be an indigenous access and use agreement relating to 26
the lease land--an indigenous access and use agreement 27
relating to the land has been entered into. 28
`(6) This section is subject to sections 155A and 155B.'. 29
Clause 68 Insertion of new ss 155A155E 30
After section 155-- 31
s 68 73 s 68
Land and Other Legislation Amendment Bill 2007
insert-- 1
`155A Extending particular term leases for a term of up to 2
40 years 3
`(1) This section applies to a lease if-- 4
(a) the lease is for rural leasehold land; and 5
(b) the lease land is 100ha or more; and 6
(c) the term of the lease is no more than 30 years; and 7
(d) there is a land management agreement for the lease; and 8
(e) the land management agreement contains a commitment 9
by the Minister to extend the lease under this section; 10
and 11
(f) no more than 10 years have passed since the agreement 12
was first registered; and 13
(g) the lease has not already been extended under this 14
section. 15
`(2) The lessee may apply to extend the lease. 16
`(3) The Minister may grant the application and extend the lease if 17
the Minister is satisfied-- 18
(a) the lessee has complied with the land management 19
agreement and any requirements under it for the 20
granting of the extension; and 21
(b) the lease land is in good condition. 22
`(4) However, the extension can not be for more than 10 years. 23
`155B Extending particular term leases for a term of up to 24
50 years 25
`(1) This section applies to a lease if-- 26
(a) the lease is for rural leasehold land; and 27
(b) the lease land is 100ha or more; and 28
(c) either-- 29
(i) the term of the lease is for more than 30, but no 30
more than 40, years; or 31
s 68 74 s 68
Land and Other Legislation Amendment Bill 2007
(ii) the term of the lease has been extended under 1
section 155A; and 2
(d) the unexpired term of the lease is at least 10 years; and 3
(e) there is a land management agreement for the lease; and 4
(f) the land management agreement contains a commitment 5
by the Minister to extend the lease if the following 6
circumstances apply-- 7
(i) the Minister considers that land (the relevant land) 8
that is all or part of the lease land should be the 9
subject of a conservation agreement or 10
conservation covenant; 11
(ii) a conservation agreement has been entered into, or 12
a conservation covenant exists, for the relevant 13
land; 14
(iii) if the Minister considers that it is appropriate for 15
there to be an indigenous access and use agreement 16
relating to the lease land--an indigenous access 17
and use agreement relating to the land has been 18
entered into; and 19
(g) the lease has not already been extended under this 20
section. 21
`(2) The lessee may apply to extend the lease. 22
`(3) The Minister may grant the application and extend the lease if 23
the Minister is satisfied-- 24
(a) the lessee has complied with the land management 25
agreement and any requirements under it for the 26
granting of the extension; and 27
(b) the lease land is in good condition. 28
`(4) However, the extension can not be for more than 10 years. 29
`155C Registering and taking of effect of extension 30
`(1) This section applies if, under section 155A or 155B, the 31
Minister extends a term lease. 32
`(2) The extension must be registered as soon as practicable after it 33
is made. 34
s 68 75 s 68
Land and Other Legislation Amendment Bill 2007
`(3) The extension has effect from the day it is registered. 1
`(4) No fee is payable for registering the extension. 2
`155D Power to reduce term of extended term lease 3
`(1) This section applies to a term lease if-- 4
(a) it has been extended under section 155A and the 5
Minister considers the lease land is no longer in good 6
condition; or 7
(b) it has been extended under section 155B and an 8
indigenous access and use agreement entered into under 9
section 155B(1)(f)(iii) is no longer in effect in relation 10
to the lease land. 11
`(2) The Minister may reduce the term of the lease by an amount 12
that is no more than the period for which it was extended 13
under section 155A or 155B. 14
`(3) However, the Minister can not reduce the term by an amount 15
that results in the lease no longer having an unexpired term. 16
Note-- 17
A breach of a condition that the lessee comply with the land 18
management agreement for the lease may also be dealt with by a 19
remedial action notice. 20
`155E Provisions about reduction 21
`(1) This section applies if, under section 155D(2), the Minister 22
decides to reduce the term of a term lease. 23
`(2) Written notice must given to the lessee of the decision and the 24
reasons for it. 25
`(3) The lessee may appeal against the decision. 26
`(4) The reduction must be registered as soon as practicable after 27
the appeal expiration day for the decision. 28
`(5) The reduction has effect from the day it is registered. 29
`(6) No fee is payable for registering the reduction. 30
`(7) No compensation is payable by the State for the reduction.'. 31
s 69 76 s 70
Land and Other Legislation Amendment Bill 2007
Clause 69 Insertion of new s 157A 1
After section 157-- 2
insert-- 3
`157A Chief executive's approval required for renewal 4
`(1) A term lease may be renewed only if-- 5
(a) the lessee has made an application under section 158; 6
and 7
(b) under this division, the chief executive has made an 8
offer of a new lease and the offer has been accepted. 9
`(2) Subsection (1) is subject to section 164.1'. 10
Clause 70 Amendment of s 158 (Application to renew lease) 11
(1) Section 158, heading-- 12
omit, insert-- 13
`158 Application for new lease'. 14
(2) Section 158(1), `to renew the lease'-- 15
omit, insert-- 16
`for an offer of a new lease'. 17
(3) Section 158(3)-- 18
renumber as section 158(4). 19
(4) Section 158-- 20
insert-- 21
`(3) A renewal application can not be made for a lease if it 22
contains a reservation that all of the lease land is a future 23
conservation area.'. 24
(5) Section 158-- 25
insert-- 26
`(5) In this section-- 27
1 Section 164 (Short term extension)
s 71 77 s 71
Land and Other Legislation Amendment Bill 2007
existing term, of the lease, does not include an extension 1
under section 155A or 155B of the term of the lease.'. 2
Clause 71 Amendment of s 159 (Issues the Minister must consider) 3
(1) Section 159, heading-- 4
omit, insert-- 5
`159 General provisions for deciding application'. 6
(2) Section 159, from `The Minister' to `lease--'-- 7
omit, insert-- 8
`The chief executive must consider the following before 9
deciding whether or not to offer a new lease, the conditions of 10
the offer or the imposed conditions of the new lease--'. 11
(3) Section 159(b) and (d) and (h) to (l), `lease'-- 12
omit, insert-- 13
`lease land'. 14
(4) Section 159(e) and (f)-- 15
omit, insert-- 16
`(e) the condition of the lease land; 17
(f) the extent to which the lease land suffers from, or is at 18
risk of, land degradation;'. 19
(5) Section 159(g), after `lease'-- 20
insert-- 21
`and any land management agreement for the lease'. 22
(6) Section 159-- 23
insert-- 24
`(m) whether a new lease is the most appropriate form of 25
tenure for the lease land; 26
(n) the lessee's record of compliance with this Act; 27
(o) the natural environmental values of the lease land.'. 28
(7) Section 159-- 29
insert-- 30
s 72 78 s 72
Land and Other Legislation Amendment Bill 2007
`(2) However, subsection (1)(d) applies only if the NCA 1
department has given the chief executive-- 2
(a) a written notice stating the environmental or nature 3
conservation purposes for which the part of the lease 4
land is required; and 5
(b) either-- 6
(i) a map showing the required particulars for a map 7
of the part; or 8
(ii) a description of the boundary of the part by 9
reference to Map Grid of Australia 1994 10
coordinates and zone references for the area. 11
`(3) If the lease contains a reservation that part of the lease land is 12
a future conservation area the chief executive can not offer a 13
new lease for that part. 14
`(4) To remove any doubt, it is declared that, to the extent the lease 15
land is in an urban area, the chief executive need not consider 16
any issue that is not relevant to an urban environment. 17
Example of an issue not relevant to an urban environment-- 18
whether part of the lease land should be set apart and declared as State 19
forest 20
`(5) In considering the natural environmental values of the lease 21
land, the matters to which the chief executive must have 22
regard include any advice about the values the chief executive 23
receives from the NCA department.'. 24
Clause 72 Insertion of new s 159A 25
After section 159-- 26
insert-- 27
`159A Provisions for decision about most appropriate 28
form of tenure 29
`(1) In deciding, under section 159(1)(m), whether a new lease is 30
the most appropriate form of tenure for the lease land the 31
subject of a renewal application, section 16 applies-- 32
(a) as if a reference in the section to an allocation were a 33
reference to the decision; and 34
s 73 79 s 74
Land and Other Legislation Amendment Bill 2007
(b) with other necessary changes. 1
`(2) If the lease is over a reserve, the chief executive must, before 2
making the decision, consult with the trustee for the reserve. 3
`(3) If the decision is that another form of tenure is a more 4
appropriate form of tenure than a new lease, the chief 5
executive may elect to treat the application as a conversion 6
application for the other form of tenure. 7
`(4) On the making of the election-- 8
(a) the renewal is taken to be a conversion application for 9
the other form of tenure; and 10
(b) division 3 applies to the conversion application.'. 11
Clause 73 Amendment of s 160 (Written notice of Minister's 12
decision) 13
(1) Section 160, `Minister's'-- 14
omit, insert-- 15
`chief executive's'. 16
(2) Section 160, `Minister'-- 17
omit, insert-- 18
`chief executive'. 19
Clause 74 Insertion of new s 160A 20
After section 160-- 21
insert-- 22
`160A Land management agreement condition for 23
particular offers 24
`(1) This section applies if-- 25
(a) a new lease is offered under section 160(1); and 26
(b) the new lease-- 27
(i) is for rural leasehold land; and 28
(ii) is to be for a term of 20 years or more; and 29
(c) the lease land is 100ha or more. 30
s 75 80 s 75
Land and Other Legislation Amendment Bill 2007
`(2) The offer is subject to a condition that the proposed lessee 1
must enter into a land management agreement for the new 2
lease.'. 3
Clause 75 Replacement of s 162 (Acceptance of offer) 4
Section 162-- 5
omit, insert-- 6
`162 Issuing of new lease 7
`(1) On acceptance of the offer, the Minister may issue a lease (the 8
new lease) in accordance with the terms of the accepted offer. 9
`(2) The new lease must be issued for the same purpose as the 10
lease (the old lease) the subject of the renewal application. 11
`(3) Additional unallocated State land may be included in the new 12
lease, if chapter 4, part 1, division 2 is complied with.2 13
`(4) The new lease is issued subject to all relevant registered 14
interests to which the old lease was subject, and in the same 15
priorities. 16
`(5) On the registration of the new lease, the old lease is taken to 17
have been wholly surrendered. 18
`(6) The surrender must be registered. 19
`162A Conditions imposed on particular new leases 20
`(1) This section imposes conditions on a lease issued under 21
section 162 if-- 22
(a) the lease-- 23
(i) is for rural leasehold land; and 24
(ii) is to be for a term of 20 years or more; and 25
(b) the lease land is 100ha or more. 26
`(2) There must be a current land management agreement for the 27
lease. 28
`(3) The lessee must comply with the agreement.'. 29
2 Chapter 4, part 1, division 2 is about interests available in land without competition.
s 76 81 s 77
Land and Other Legislation Amendment Bill 2007
Clause 76 Insertion of new s 165A 1
After section 165-- 2
insert-- 3
`165A Chief executive's approval required for conversion 4
`A lease may be converted under this division only if-- 5
(a) the lessee has made an application under section 166; 6
and 7
(b) under this division, the chief executive has made an 8
offer to convert the lease and the offer has been 9
accepted.'. 10
Clause 77 Amendment of s 166 (Application to convert lease) 11
(1) Section 166(1), from `A lessee' to `conversion 12
application)'-- 13
omit, insert-- 14
`Subject to subsections (2) to (4), a lessee may apply to 15
convert (a conversion application)'. 16
(2) Section 166(2)(b), `Minister's'-- 17
omit, insert-- 18
`chief executive's'. 19
(3) Section 166(3)-- 20
renumber as section 166(5). 21
(4) Section 166-- 22
insert-- 23
`(3) A lessee of a term lease not issued for pastoral purposes may 24
only apply to convert the lease to freehold land. 25
`(4) A conversion application can not be made for a lease if it 26
contains a reservation that all of the lease land is a future 27
conservation area.'. 28
(5) Section 166-- 29
insert-- 30
`(6) In this section-- 31
s 78 82 s 78
Land and Other Legislation Amendment Bill 2007
existing term, of the lease, does not include an extension 1
under section 155A or 155B of the term of the lease.'. 2
Clause 78 Amendment of s 167 (Issues the Minister must 3
consider) 4
(1) Section 167, heading-- 5
omit, insert-- 6
`167 Provisions for deciding application'. 7
(2) Section 167(1), from `The Minister' to `lease--'-- 8
omit, insert-- 9
`The chief executive must consider the following in deciding 10
whether or not to offer to convert a lease, the conditions on 11
which the offer is made and, if the offer is for a lease, its 12
imposed conditions--'. 13
(3) Section 167(1)(a), (b) and (d) and (h) to (m), `lease'-- 14
omit, insert-- 15
`lease land'. 16
(4) Section 167(1)(e) and (f)-- 17
omit, insert-- 18
`(e) the condition of the lease land; 19
(f) the extent to which the lease land suffers from, or is at 20
risk of, land degradation;'. 21
(5) Section 167(1)(g), after `lease'-- 22
insert-- 23
`and with any land management agreement for the lease'. 24
(6) Section 167-- 25
insert-- 26
`(n) the most appropriate form of tenure for the lease land; 27
(o) the lessee's record of compliance with this Act; 28
(p) the natural environmental values of the lease land.'. 29
(7) Section 167-- 30
s 79 83 s 79
Land and Other Legislation Amendment Bill 2007
insert-- 1
`(3) Also, subsection (1)(d) applies only if the NCA department 2
has given the chief executive-- 3
(a) a written notice stating the environmental or nature 4
conservation purposes for which the part of the lease 5
land is required; and 6
(b) either-- 7
(i) a map showing the required particulars for a map 8
of the part; or 9
(ii) a description of the boundary of the part by 10
reference to Map Grid of Australia 1994 11
coordinates and zone references for the area. 12
`(4) If the lease contains a reservation that part of the lease land is 13
a future conservation area the chief executive can not offer a 14
new lease or a deed of grant for that part. 15
`(5) To remove any doubt, it is declared that, to the extent the lease 16
land is in an urban area, the chief executive need not consider 17
any issue that is not relevant to an urban environment. 18
Example of an issue not relevant to an urban environment-- 19
whether part of the lease land should be set apart and 20
declared as State forest 21
`(6) In considering the natural environmental values of the lease 22
land, the matters to which the chief executive must have 23
regard include any advice about the values the chief executive 24
receives from the NCA department. 25
`(7) For subsection (1)(m), section 16 applies, with necessary 26
changes, as if a reference in the section to an allocation were a 27
reference to a decision mentioned in subsection (1).'. 28
Clause 79 Amendment of s 168 (Written notice of Minister's 29
decision) 30
(1) Section 168, `Minister's'-- 31
omit, insert-- 32
`chief executive's'. 33
(2) Section 168, `Minister'-- 34
s 80 84 s 82
Land and Other Legislation Amendment Bill 2007
omit, insert-- 1
`chief executive'. 2
Clause 80 Insertion of new s 168A 3
After section 168-- 4
insert-- 5
`168A Land management agreement for new perpetual 6
lease 7
`(1) This section applies to the offer under section 168(1) of a new 8
perpetual lease if the lease land is rural leasehold land. 9
`(2) The offer is subject to a condition that the lessee must enter 10
into a land management agreement for the lease. 11
`(3) The lease is subject to conditions that-- 12
(a) there must be a current land management agreement for 13
the lease; and 14
(b) the lessee must comply with the agreement.'. 15
Clause 81 Amendment of s 169 (Conditions of freehold offer) 16
Section 169(a), `under the Nature Conservation Act 1992'-- 17
omit. 18
Clause 82 Amendment of s 170 (Purchase price if deed of grant 19
offered) 20
(1) Section 170, `Minister'-- 21
omit, insert-- 22
`chief executive'. 23
(2) Section 170(2), `Minister's'-- 24
omit, insert-- 25
`chief executive's'. 26
s 83 85 s 84
Land and Other Legislation Amendment Bill 2007
Clause 83 Replacement of s 172 (Acceptance of offer) 1
Section 172-- 2
omit, insert-- 3
`172 Issuing of new tenure 4
`(1) On acceptance of the offer a tenure (the new tenure) may be 5
issued by-- 6
(a) if the new tenure is a deed of grant or freeholding 7
lease--the Governor in Council; or 8
(b) if the new tenure is a term or perpetual lease--the 9
Minister. 10
Note-- 11
See also section 153 (Lease must state its purpose). 12
`(2) The new tenure must be issued in accordance with the terms 13
of the accepted offer. 14
`(3) Additional unallocated State land may be included in the new 15
lease, if chapter 4, part 1, division 2 is complied with.3 16
`(4) If the new tenure is a lease, it must be issued for the same 17
purpose as the lease (the old lease) the subject of the 18
conversion application. 19
`(5) The new tenure is issued subject to all relevant registered 20
interests to which the old lease was subject, and in the same 21
priorities. 22
`(6) On the registration of the new tenure, the old lease is taken to 23
have been wholly surrendered. 24
`(7) The surrender must be registered.'. 25
Clause 84 Insertion of new s 173A 26
After section 173-- 27
insert-- 28
3 Chapter 4, part 1, division 2 is about interests available in land without competition.
s 85 86 s 87
Land and Other Legislation Amendment Bill 2007
`173A Short term extension 1
`If it appears a lease would expire before a conversion 2
application is finalised, the Minister may extend the term of 3
the lease for periods of no longer than 1 year, until the 4
application is finalised.'. 5
Clause 85 Amendment, relocation and renumbering of s 175 (Forest 6
entitlement areas) 7
(1) Subsection 175(1), `the lessee'-- 8
omit, insert-- 9
`a lessee'. 10
(2) Section 175(5), `section 176'-- 11
omit, insert-- 12
`section 26C'. 13
(3) Section 175 as amended-- 14
relocate and renumber, in chapter 2, part 2, as section 26B. 15
Clause 86 Relocation and renumbering of s 176 (Effect of 16
resumption of forest entitlement area) 17
Section 176-- 18
relocate and renumber, in chapter 2, part 2, as section 26C. 19
Clause 87 Insertion of new ch 4, pt 3, divs 47 20
Before chapter 3, part 4-- 21
insert-- 22
`Division 4 Subdividing leases 23
`175 When lease may be subdivided 24
`A lease may be subdivided only if-- 25
(a) this Act or a condition of the lease does not prohibit its 26
subdivision; and 27
s 87 87 s 87
Land and Other Legislation Amendment Bill 2007
(b) the lease is not, by a registered covenant or tied 1
condition, tied to another lease or freehold land; and 2
(c) the chief executive has, on an application made under 3
this division, approved the subdivision; and 4
(d) the requirements under this division for the subdivision 5
have been complied with. 6
`176 Application to subdivide 7
`(1) A lessee of a lease (the existing lease) may apply for approval 8
to subdivide the lease. 9
`(2) The application must be accompanied by-- 10
(a) a statement of the applicant's reasons for seeking the 11
proposed subdivision; and 12
(b) a statement by the relevant local government of its views 13
on the proposed subdivision; and 14
(c) the written consent of all persons with a registered 15
interest in the lease land. 16
`(3) However, consent under subsection (2)(c) must not be 17
unreasonably withheld. 18
`176A General provisions for deciding application 19
`(1) The chief executive must decide whether to approve the 20
proposed subdivision. 21
`(2) If the chief executive decides to grant the approval, the chief 22
executive must decide an offer (the subdivision offer) of new 23
leases to the applicant for the lease land. 24
`(3) The subdivision offer must state the term and the imposed 25
conditions of each of the new leases. 26
`(4) The subdivision offer may be made subject to conditions. 27
Example-- 28
a condition that a plan of survey for the proposed subdivision, approved 29
by the chief executive and capable of registration, be lodged 30
`(5) However, if there is a land management agreement for the 31
existing lease, the subdivision offer must be subject to the 32
s 87 88 s 87
Land and Other Legislation Amendment Bill 2007
condition that a land management agreement must be entered 1
into for each new lease the subject of the offer. 2
`(6) The term of a new lease may be longer than the unexpired 3
term of the existing lease. 4
`176B Criteria for deciding application 5
`In deciding the matters under section 176A the chief 6
executive must consider-- 7
(a) whether the proposed subdivision-- 8
(i) is appropriate, taking into account State, regional 9
and local planning strategies and the objects of this 10
Act; and 11
(ii) will require dedication of part of the lease land as a 12
road for access to the subdivided land; and 13
(b) the matters mentioned in section 159(1) to the extent 14
they are relevant to the proposed subdivision and the 15
term of any new leases to be offered. 16
`176C Specific grounds for refusal 17
`The chief executive may refuse to give the approval if-- 18
(a) the applicant has made an earlier application for 19
approval to subdivide the existing lease; and 20
(b) the earlier application was refused; and 21
(c) there is no relevant change in circumstances from the 22
earlier application. 23
`176D Notice of decision 24
`(1) If the chief executive decides to grant the approval, the 25
applicant must be given a written notice stating the 26
subdivision offer. 27
`(2) If the chief executive decides to refuse the approval, the 28
applicant must be given a written notice of the decision and 29
the reason for it. 30
s 87 89 s 87
Land and Other Legislation Amendment Bill 2007
`176E Appeal against refusal 1
`If-- 2
(a) the chief executive decides to refuse the approval; and 3
(b) the only reason for the refusal was that the applicant had 4
not complied with the conditions of the existing lease; 5
the applicant may appeal against the decision. 6
`176F Acceptance of subdivision offer 7
`The subdivision offer is accepted only if the applicant 8
complies with its conditions. 9
`176G Issuing of new leases 10
`(1) On acceptance of the subdivision offer-- 11
(a) any plan of subdivision required under a condition of the 12
offer to be lodged must be registered; and 13
(b) the designated person may issue the new leases in 14
accordance with the terms of the accepted offer. 15
Note-- 16
See also section 153 (Lease must state its purpose). 17
`(2) The new leases are issued subject to all relevant registered 18
interests to which the existing lease was subject with the same 19
priorities. 20
`(3) On registration of the new leases, the existing lease is taken to 21
have been wholly surrendered. 22
`(4) The surrender must be registered. 23
`176H Restriction on transferring new leases 24
`It is a mandatory condition of each of the new leases that they 25
can not be transferred for 5 years from when their terms start, 26
unless the Minister is satisfied that special circumstances 27
exist. 28
s 87 90 s 87
Land and Other Legislation Amendment Bill 2007
`176I Power to waive fees if chief executive requested 1
application 2
`If the application was made at the chief executive's request 3
and the subdivision offer is made, the chief executive may 4
waive all or part of any charge or fee for the application, the 5
registration of any relevant plan of subdivision or the issue of 6
the new leases. 7
`Division 5 Amalgamating leases 8
`176J When leases may be amalgamated 9
`(1) Two or more leases may be amalgamated only if-- 10
(a) the lease land is not a reserve or State forest; and 11
(b) this Act or a condition of the lease does not prohibit the 12
amalgamation; and 13
(c) there is no registered mortgage over only part of the 14
lease land; and 15
(d) the chief executive has, on an application made under 16
this division, approved the amalgamation; and 17
(e) the requirements under this division for the 18
amalgamation have been complied with. 19
`(2) In this section-- 20
lease land means the lease land for all of the leases. 21
`176K Application to amalgamate 22
`(1) The lessee of 2 or more leases (the existing leases) may apply 23
for approval to amalgamate them only if-- 24
(a) the lessee is the lessee of all of them; and 25
(b) they are of the same tenure type; and 26
(c) the lease land for the existing leases is contiguous. 27
`(2) If the lessee comprises 2 or more persons, each person must 28
be a party to the application. 29
`(3) The application must be accompanied by-- 30
s 87 91 s 87
Land and Other Legislation Amendment Bill 2007
(a) a statement of the applicant's reasons for seeking the 1
proposed amalgamation; and 2
(b) a statement by the relevant local government of its views 3
on the proposed amalgamation; and 4
(c) the written consent of all persons with a registered 5
interest in the lease land for the existing leases. 6
`(4) However, consent under subsection (3)(c) must not be 7
unreasonably withheld. 8
`176L General provisions for deciding application 9
`(1) The chief executive must decide whether to approve the 10
proposed amalgamation. 11
`(2) If the chief executive decides to grant the approval, the chief 12
executive must decide an offer (the amalgamation offer) of an 13
amalgamated lease to the applicant for the lease land of the 14
existing leases. 15
`(3) The amalgamation offer must state the term and the imposed 16
conditions of the amalgamated lease. 17
`(4) The amalgamation offer may be made subject to conditions. 18
Example-- 19
a condition that a plan of survey for the proposed amalgamation, 20
approved by the chief executive and capable of registration, be lodged 21
`(5) However, if there is a land management agreement for any of 22
the existing leases, the amalgamation offer must be subject to 23
a condition that a land management agreement must be 24
entered into for the amalgamated lease. 25
`(6) The term of the amalgamated lease may be longer than the 26
unexpired term of all or any of the existing leases. 27
`176M Criteria for deciding application 28
`In deciding the matters under section 176L the chief 29
executive must consider-- 30
(a) whether the proposed amalgamation is appropriate, 31
taking into account State, regional and local planning 32
strategies and the objects of this Act; and 33
s 87 92 s 87
Land and Other Legislation Amendment Bill 2007
(b) the matters mentioned in section 159(1) to the extent 1
they are relevant to the proposed amalgamation and the 2
term of any amalgamated lease to be offered. 3
`176N Roads 4
`(1) This section applies if there is a road within the external 5
boundaries of the lease land of any of the existing leases. 6
`(2) The chief executive must consider-- 7
(a) whether the road is still needed for public use; and 8
(b) if the road were to be closed--whether it should be 9
included within the external boundaries of the lease land 10
of the proposed amalgamated lease. 11
`(3) If the applicant or the chief executive proposes to close the 12
road and include its area in the lease land of any amalgamated 13
lease, the chief executive must-- 14
(a) seek the opinion of the relevant local government on the 15
proposal; and 16
(b) comply with chapter 4, part 1, division 2. 17
`176O Specific grounds for refusal 18
`The chief executive may refuse to give the approval if-- 19
(a) the applicant has made an earlier application for 20
approval to amalgamate the existing leases; and 21
(b) the earlier application was refused; and 22
(c) there is no relevant change in circumstances from the 23
earlier application. 24
`176P Notice of decision 25
`(1) If the chief executive decides to grant the approval the 26
applicant must be given a written notice stating the 27
amalgamation offer. 28
`(2) If the chief executive decides to refuse the approval the 29
applicant must be given a written notice of the decision and 30
the reasons for it. 31
s 87 93 s 87
Land and Other Legislation Amendment Bill 2007
`176Q Appeal against refusal 1
`If-- 2
(a) the chief executive decides to refuse the approval; and 3
(b) the only reason for the refusal was that the applicant had 4
not complied with the conditions of 1 or more of the 5
existing leases; 6
the applicant may appeal against the decision. 7
`176R Acceptance of amalgamation offer 8
`The amalgamation offer is accepted only if the applicant 9
complies with its conditions. 10
`176S Issuing of amalgamated lease 11
`(1) On acceptance of the amalgamation offer-- 12
(a) any plan of amalgamation required under a condition of 13
the offer to be lodged must be registered; and 14
(b) the designated person may issue the amalgamated lease 15
in accordance with the terms of the accepted offer. 16
Note-- 17
See also section 153 (Lease must state its purpose). 18
`(2) The amalgamated lease is issued subject to all relevant 19
registered interests to which the existing leases were subject 20
with the same priorities. 21
`(3) On registration of the amalgamated lease, the existing leases 22
are taken to have been wholly surrendered. 23
`(4) The surrenders must be registered. 24
`176T Power to waive fees if chief executive requested 25
application 26
`If the application was made at the chief executive's request 27
and the amalgamation offer is made, the chief executive may 28
waive all or part of any charge or fee for the application, the 29
registration of any relevant plan of amalgamation or the issue 30
of the amalgamated lease. 31
s 87 94 s 87
Land and Other Legislation Amendment Bill 2007
`Division 6 Land management agreements 1
`176U Making and registration of agreement about land 2
management 3
`(1) The Minister may, for the State, make or amend a written 4
agreement with a lessee about the management and use of the 5
lease land. 6
`(2) However the agreement or amendment has effect only if it is 7
registered. 8
Note-- 9
For registration of land management agreements, see section 279. 10
`(3) The agreement and any amendment of the agreement 11
registered from time to time is a land management 12
agreement. 13
`176V Purposes of a land management agreement 14
`The purposes of a land management agreement for a lease are 15
to do each of the following to the extent they are relevant to 16
the lease land-- 17
(a) identify and describe the natural and physical attributes 18
of the lease land, including its known indigenous and 19
other cultural heritage and significant natural 20
environmental values; 21
(b) record the condition of the lease land at a particular 22
point in time; 23
(c) improve or maintain its condition so that it is, or will be, 24
at least in good condition; 25
(d) identify any land degradation issues relating to the land; 26
(e) establish the agreed management outcomes for the 27
identified land degradation issues and the associated 28
management strategies to address them; 29
(f) identify measures to protect the known indigenous and 30
other cultural heritage and the identified significant 31
natural environmental values; 32
(g) establish a monitoring and reporting program; 33
s 87 95 s 87
Land and Other Legislation Amendment Bill 2007
(h) establish a process to verify the performance of the 1
lessee in relation to the outcomes; 2
(i) establish a dispute resolution process; 3
(j) establish a review process to maintain the relevance and 4
effectiveness of the agreement. 5
`176W Content of land management agreement 6
`(1) A land management agreement for a lease may include-- 7
(a) a commitment mentioned in section 155A(1)(e) or 8
155B(1)(f); and 9
(b) any matter the Minister considers appropriate to achieve 10
the purposes of a land management agreement. 11
`(2) The chief executive may issue guidelines about the content 12
and preparation of land management agreements. 13
`176X Reviewing land management agreement 14
`The Minister must, at least once every 10 years, review each 15
land management agreement for a lease to assess the lessee's 16
performance in relation to the management outcomes under 17
the agreement. 18
Note-- 19
See also section 211(1) (Reviewing imposed conditions of lease). 20
`Division 7 Miscellaneous provisions 21
`176Y Part does not affect amounts owing relating to lease 22
`To remove any doubt, it is declared that the following do not 23
limit or otherwise affect a lessee's obligation to pay rent or 24
another amount owing in relation to a lease-- 25
(a) an application under this part about the lease, other than 26
an application under section 154; 27
(b) the ending, under this part, of the lease. 28
s 88 96 s 89
Land and Other Legislation Amendment Bill 2007
`176Z When payment obligations end if lease ends under 1
part 2
`If a lease ends under this part, an obligation to pay future rent 3
and other amounts that may become payable in relation to the 4
lease stops on the day before the day on which lease ended. 5
`176ZA Overpayments relating to former lease 6
`(1) This section applies if a lease ends under this part and, 7
because of section 176Z, an amount has been overpaid for rent 8
or another amount relating to the former lease. 9
`(2) If a new lease is issued under this part in relation to the former 10
lease, the amount must be credited to rent or other amounts 11
payable under the new lease. 12
`(3) Otherwise, the amount must be refunded to the person who 13
made the payment. 14
`(4) This section applies despite section 191.'. 15
Clause 88 Amendment of ch 4, pt 4 hdg (Permits) 16
Chapter 4, part 4, heading, after `Permits'-- 17
insert-- 18
`to occupy particular land'. 19
Clause 89 Amendment of s 177 (Chief executive may issue permit) 20
(1) Section 177-- 21
insert-- 22
`(4A) The permit may be issued for 2 or more reserves if the 23
reserves-- 24
(a) have been dedicated for the same purpose; and 25
(b) are held by the same trustee.'. 26
(2) Section 177(6)-- 27
omit, insert-- 28
`(6) A permit may be issued only if it is for 1 type of land 29
mentioned in subsection (1). 30
s 90 97 s 90
Land and Other Legislation Amendment Bill 2007
`(7) A permit for a term of not more than 12 months need not be 1
registered. 2
`(8) If a permit for a term of 12 months or more is issued for 3
unallocated State land or a reserve, the chief executive must 4
keep a record of its issue in the appropriate register. 5
`(9) The chief executive may issue a permit without receiving an 6
application under section 177A.'. 7
(3) Section 177(4A) to (8)-- 8
renumber as section 177(5) to (10). 9
Clause 90 Insertion of new ss 177A177D 10
Chapter 4, part 4-- 11
insert-- 12
`177A Applying for permit 13
`A person may apply for a permit to occupy unallocated State 14
land, a reserve or a road. 15
`177B Notice of intention to issue permit 16
`(1) If the chief executive proposes to issue a permit, written 17
notice of the proposal-- 18
(a) must be given to each of the following-- 19
(i) for a permit for a reserve--the trustee of the 20
reserve; 21
(ii) for a permit for a State-controlled road--the chief 22
executive of the department in which the Transport 23
Infrastructure Act 1994 is administered; 24
(iii) for a permit for a road that is under the control of a 25
local government--the local government; 26
(iv) another entity with a registered interest in the 27
proposed permit land; and 28
(b) may be given to any other entity the chief executive 29
considers has an interest in the proposed permit land. 30
`(2) The notice must-- 31
s 90 98 s 90
Land and Other Legislation Amendment Bill 2007
(a) be in the approved form; and 1
(b) state the following-- 2
(i) the reason for the proposed issue of the permit; 3
(ii) that the entity given the notice may make a 4
submission against the proposal to the chief 5
executive; 6
(iii) that the submission must be in the approved form; 7
(iv) the closing day for the submission; 8
(v) the place where or the way the submission must be 9
lodged. 10
`(3) In this section-- 11
State-controlled road means a road or land, or part of a road 12
or land, declared under the Transport Infrastructure Act 1994, 13
to be a State-controlled road. 14
`177C Submissions 15
`(1) An entity given a notice under section 177B about the 16
proposed issue of a permit may make a submission against the 17
proposal to the chief executive. 18
`(2) The submission must-- 19
(a) be in the approved form; and 20
(b) be received by the closing day for the submission stated 21
in the notice; and 22
(c) be lodged at the place or in the way stated in the notice. 23
`(3) The chief executive must consider all submissions received 24
under this section before issuing the permit. 25
`177D Notice of permit 26
`(1) If the chief executive issues a permit, written notice of its 27
issue must be given to each entity given a notice about the 28
permit under section 177B. 29
`(2) If the permit is for a term of 12 months or more, the notice 30
must state the day the permit was registered.'. 31
s 91 99 s 91
Land and Other Legislation Amendment Bill 2007
Clause 91 Replacement of s 180 (Cancellation or surrender of 1
permit) 2
Section 180-- 3
omit, insert-- 4
`180 When permit may be cancelled or surrendered 5
`(1) A permit may be cancelled if-- 6
(a) the permittee contravenes a provision of this Act in 7
relation to the permit; or 8
(b) the permittee has more than 1 conviction, not including 9
any spent convictions, for a vegetation clearing offence, 10
regardless of whether any of the offences were 11
committed on the permit land; or 12
(c) the Minister considers the cancellation is in the interests 13
of the State. 14
`(2) A permittee may surrender a permit-- 15
(a) on terms agreed to between the chief executive and the 16
permittee; and 17
(b) with the chief executive's written approval. 18
`180A Applying to cancel or surrender permit 19
`(1) A relevant entity for a permit may apply to cancel the permit. 20
`(2) A permittee may apply to surrender the permit. 21
`(3) In this section-- 22
relevant entity, for a permit, means all of the following-- 23
(a) a public utility provider; 24
(b) if the permit land is a reserve--the trustee of the reserve; 25
(c) if the permit land is a road--an adjoining owner of land 26
adjoining the road. 27
`180B Notice of proposal to cancel or approve surrender 28
`(1) If the chief executive proposes to cancel or approve the 29
surrender of a permit, written notice of the proposal-- 30
s 91 100 s 91
Land and Other Legislation Amendment Bill 2007
(a) must be given to each of the following-- 1
(i) the permittee; 2
(ii) for an application to cancel a permit--the 3
applicant; 4
(iii) another entity with a registered interest in the 5
permit land; and 6
(b) may be given to any other entity the chief executive 7
considers has an interest in the permit land. 8
`(2) The notice must-- 9
(a) be in the approved form; and 10
(b) state the reason for the proposed cancellation or 11
surrender; and 12
(c) for an application to cancel a permit, state the 13
following-- 14
(i) that the entity given the notice may make a 15
submission against the proposed cancellation to the 16
chief executive; 17
(ii) that the submission must be in the approved form; 18
(iii) the closing day for the submission; 19
(iv) the place where or the way the submission must be 20
lodged. 21
`180C Submissions 22
`(1) An entity given a notice under section 180B of a proposal to 23
cancel a permit may make a submission against the proposed 24
cancellation to the chief executive. 25
`(2) The submission must-- 26
(a) be in the approved form; and 27
(b) be received by the closing day for the submission stated 28
in the notice; and 29
(c) be lodged at the place or in the way stated in the notice. 30
`(3) The chief executive must consider all submissions received 31
under this section before cancelling the permit. 32
s 91 101 s 91
Land and Other Legislation Amendment Bill 2007
`180D When cancellation or surrender is effective 1
`(1) A permit may be cancelled by registering a cancellation notice 2
for the permit. 3
`(2) A permit may be surrendered by registering a surrender notice 4
for the permit. 5
`(3) The cancellation or surrender takes effect on the day the 6
cancellation notice or surrender notice is registered. 7
`180E Notice about cancellation or surrender 8
`(1) Written notice of the cancellation or surrender of a permit 9
must be given to-- 10
(a) the permittee; and 11
(b) another entity given a notice under section 180B about 12
the proposed cancellation or surrender. 13
`(2) The notice under subsection (1) must state all of the 14
following-- 15
(a) the day the cancellation or surrender has effect; 16
(b) that the permit is ended and the permittee is divested of 17
any interest in the permit land; 18
(c) if the notice is about the cancellation of a permit--no 19
compensation is payable for the cancellation; 20
(d) if there are improvements on the permit land owned by 21
the permittee--that the permittee may apply to remove 22
the improvements. 23
`(3) If the chief executive decides not to cancel or surrender a 24
permit, written notice of the fact must be given to each entity 25
given a notice under section 180B about the proposed 26
cancellation or surrender. 27
`180F Effect of cancellation or surrender 28
`On the cancellation or surrender of a permit-- 29
(a) the permit ends; and 30
(b) the permittee is divested of any interest in the permit 31
land; and 32
s 92 102 s 93
Land and Other Legislation Amendment Bill 2007
(c) if the permit is cancelled--no compensation is payable 1
for the cancellation. 2
`180G Permittee to give up possession on cancellation or 3
surrender 4
`(1) On the cancellation or surrender of a permit, the permittee 5
must immediately vacate the permit land. 6
`(2) If the permittee does not give up possession under subsection 7
(1), and is not otherwise entitled to be in possession, the 8
permittee is a person who is unlawfully occupying the land. 9
Note-- 10
Action for trespassing may be taken under chapter 7, part 2. 11
`180H Dealing with improvements 12
`(1) A permittee for a permit that is cancelled or surrendered may 13
apply to remove the permittee's improvements on the permit 14
land. 15
`(2) The permittee may remove the improvements only-- 16
(a) with the written approval of the chief executive; and 17
(b) within the period stated in the approval. 18
`(3) The improvements become the property of the State unless 19
they are removed under subsection (2).'. 20
Clause 92 Amendment of s 181 (Rent periods) 21
Section 181-- 22
insert-- 23
`(4) Also, if the annual rent for a lease, licence or permit is more 24
than the amount prescribed under a regulation, the rental 25
period for the lease, licence or permit may be divided into the 26
sub-periods prescribed under a regulation for the payment of 27
the rent.'. 28
Clause 93 Amendment of s 183 (Rent payable generally) 29
(1) Section 183(1), from `amount', second mention-- 30
s 94 103 s 95
Land and Other Legislation Amendment Bill 2007
omit, insert-- 1
`valuation for rental purposes prescribed under a regulation by 2
the rate prescribed under a regulation.'. 3
(2) Section 183(2)(b)-- 4
omit, insert-- 5
`(b) a lease, licence or permit for which there is a set rent.'. 6
Clause 94 Amendment of s 183A (Rent payable in special cases) 7
(1) Section 183A, heading-- 8
omit, insert-- 9
`183A Set rents'. 10
(2) Section 183A(3), `Minister may also'-- 11
omit, insert-- 12
`designated officer may'. 13
(3) Section 183A(1) and (2)-- 14
omit. 15
Clause 95 Insertion of new s 183AA 16
After section 183A-- 17
insert-- 18
`183AA Protection against particular undue rental 19
increases 20
`(1) This section applies if-- 21
(a) after applying section 183(1) to a category of leases, 22
licences or permits (relevant tenures), there is an 23
increase in rents for the category for a rental year (the 24
current year); and 25
(b) the Minister considers the increase is an undue increase. 26
`(2) The Minister may decide that the amount of the current year's 27
rent for all relevant tenures, other than an excluded tenure for 28
the current year, is the lesser of the following-- 29
(a) the rent worked out by applying section 183(1); 30
s 95 104 s 95
Land and Other Legislation Amendment Bill 2007
(b) the rent worked out using the formula-- 1
RCY = RPY+ (RPY x PP) 2
where-- 3
RCY means the amount of the rent. 4
RPY means-- 5
(a) if the relevant tenure existed during the previous 6
year--that year's annual rent for the relevant tenure; or 7
(b) if the relevant tenure did not exist during the previous 8
year but had a corresponding tenure for that year--that 9
year's notional annual rent for the corresponding tenure. 10
PP means the percentage for the category, as prescribed under 11
a regulation. 12
`(3) In this section-- 13
corresponding tenure, for a relevant tenure, means a former 14
lease, licence or permit, whether or not of the same area as the 15
relevant tenure, that was ended for the purpose of changing its 16
area, issuing a new tenure or for a renewal or conversion 17
under this Act and because of which change, issuing renewal 18
or conversion the relevant tenure was created. 19
excluded tenure, for the current year, means-- 20
(a) a freeholding lease; or 21
(b) a relevant tenure for which there is a set rent; or 22
(c) a relevant tenure that, during the previous year, did not 23
exist and had no corresponding tenure. 24
Note-- 25
For freeholding leases see chapter 8, part 2. For other excluded tenures, 26
see sections 183 and 183A. 27
notional annual rent, for the previous year of a 28
corresponding tenure of a relevant tenure, means the rent for 29
each hectare of the corresponding tenure's area multiplied by 30
the area of the relevant tenure. 31
previous year means the rental year that immediately 32
preceded the current year.'. 33
s 96 105 s 98
Land and Other Legislation Amendment Bill 2007
Clause 96 Amendment of s 185 (Development and Investigation 1
concessions) 2
Section 185, `Minister'-- 3
omit, insert-- 4
`designated officer'. 5
Clause 97 Amendment of s 190 (When rent is owing) 6
Section 190(1), `under the regulations.'-- 7
omit, insert-- 8
`under a regulation, unless the chief executive is satisfied that, 9
because of exceptional circumstances, the payment can not be 10
made by the prescribed time or at the prescribed place. 11
Examples of possible exceptional circumstances-- 12
civil disturbance, computer failure, extreme climatic conditions and 13
industrial action'. 14
Clause 98 Amendment of s 192 (Deferral of rent and instalment 15
payments for hardship) 16
(1) Section 192(1), from `defer' to `lease or licence'-- 17
insert-- 18
`on the application of a lessee or licensee, defer, wholly or 19
partly, the payment of rent or instalments for the lessee's lease 20
or licensee's licence'. 21
(2) Section 192(2)-- 22
omit, insert-- 23
`(2) The Minister may grant the application only if the applicant 24
gives the Minister-- 25
(a) the returns and financial statements that the Minister 26
asks for to help decide the application; or 27
(b) evidence that the applicant is receiving, for the hardship 28
mentioned in subsection (1)(a)(i), financial assistance 29
under a State or Commonwealth scheme. 30
s 99 106 s 101
Land and Other Legislation Amendment Bill 2007
Example of a scheme-- 1
the exceptional circumstances scheme under the Rural and 2
Regional Adjustment Act 1994'. 3
Clause 99 Amendment of s 195 (Penalty interest on outstanding 4
rent and instalments) 5
Section 195(2), `Minister'-- 6
omit, insert-- 7
`designated officer'. 8
Clause 100 Amendment of s 196 (Minister may take action for 9
non-payment) 10
(1) Section 196, heading, `Minister'-- 11
omit, insert-- 12
`Designated officer'. 13
(2) Section 196, `Minister'-- 14
omit, insert-- 15
`designated officer'. 16
(3) Section 196(b), after `part 4'-- 17
insert-- 18
`, division 2'. 19
Clause 101 Amendment of s 197 (Notice of intention to cancel) 20
(1) Section 197, `Minister'-- 21
omit, insert-- 22
`designated officer'. 23
(2) Section 197(1), `Minister's'-- 24
omit, insert-- 25
`designated officer's'. 26
s 102 107 s 103
Land and Other Legislation Amendment Bill 2007
Clause 102 Amendment of s 198 (Minister may reinstate if payment 1
made) 2
(1) Section 198, heading `Minister'-- 3
omit, insert-- 4
`Designated officer'. 5
(2) Section 198, `the Minister'-- 6
omit, insert-- 7
`the designated officer'. 8
Clause 103 Insertion of new ch 5, pt 1A 9
Chapter 5-- 10
insert-- 11
`Part 1A Future conservation areas 12
`198A Management principles 13
`(1) The management principles for future conservation areas 14
are-- 15
(a) that any use of their natural resources for agriculture or 16
grazing is to be ecologically sustainable; and 17
(b) that they are to be maintained predominantly in their 18
natural condition; and 19
(c) that their significant cultural and natural resources are to 20
be protected. 21
`(2) In this section-- 22
cultural resources, for a future conservation area, means 23
places or objects that have anthropological, archaeological, 24
historical, scientific, spiritual or sociological significance or 25
value, including such significance or value under Aboriginal 26
tradition or Island custom. 27
ecologically sustainable, for the use of the natural resources 28
of a future conservation area for agriculture or grazing, means 29
the use is within the area's capacity to sustain natural 30
processes while-- 31
s 104 108 s 104
Land and Other Legislation Amendment Bill 2007
(a) maintaining the life support systems of nature; and 1
(b) ensuring the benefit of the use to present generations 2
does not diminish the potential to meet the needs and 3
aspirations of future generations. 4
natural resources, for a future conservation area, means the 5
natural and physical features of the area, including wildlife, 6
soil, water, minerals and air. 7
`198B Protection of reservation for future conservation 8
area 9
`If a lease contains a reservation for a future conservation area 10
the lessee must not do an act or make an omission, or allow 11
someone else to do an act or make an omission, that is 12
inconsistent with the management principles under section 13
198A for future conservation areas. 14
Maximum penalty--1665 penalty units.'. 15
Clause 104 Replacement of ch 5, pt 2, div 1 hdg (General conditions) 16
Chapter 5, part 2, division 1 heading-- 17
omit, insert-- 18
`Division 1 General mandatory conditions 19
`198C Operation of div 1 20
`(1) This division provides for particular conditions of leases, 21
licences and permits. 22
`(2) Each condition under this division or under another provision 23
mentioned in schedule 1A, that applies to a lease, licence or 24
permit is a mandatory condition of the lease, licence or 25
permit. 26
`(3) This division does not limit the conditions that the designated 27
officer may, under division 2 or another provision of this Act, 28
impose on a lease, licence or permit. 29
s 105 109 s 106
Land and Other Legislation Amendment Bill 2007
`198D Mandatory conditions need not be registered 1
`To remove any doubt, it is declared that a mandatory 2
condition of a lease, licence or permit binds the lessee, 3
licensee or permittee even though the condition is not 4
registered.'. 5
Clause 105 Amendment of s 199 (Duty of care condition) 6
Section 199-- 7
insert-- 8
`(2) If a lease is issued for agricultural, grazing or pastoral 9
purposes, the lessee's duty of care includes that the lessee 10
must take all reasonable steps to do the following in relation 11
to the lease land-- 12
(a) avoid causing or contributing to land salinity that-- 13
(i) reduces its productivity; or 14
(ii) damages any other land; 15
(b) conserve soil; 16
(c) conserve water resources; 17
(d) protect riparian vegetation; 18
(e) maintain pastures dominated by perennial and 19
productive species; 20
(f) maintain native grassland free of encroachment from 21
woody vegetation; 22
(g) manage any declared pest; 23
(h) conserve biodiversity.'. 24
Clause 106 Insertion of new s 199A 25
After section 199-- 26
insert-- 27
`199A Land may be used only for tenure's purpose 28
`(1) Lease land, licence land or permit land may be used only for 29
the purpose for which the lease, licence or permit was issued. 30
s 107 110 s 108
Land and Other Legislation Amendment Bill 2007
`(2) A term lease for pastoral purposes must be used only for 1
agricultural or grazing purposes, or both. 2
`(3) Subsections (1) and (2) are subject to section 154.'. 3
Clause 107 Replacement of ch 5, pt 2, div 2 hdg (Other conditions) 4
Chapter 5, part 2, division 2 heading-- 5
omit, insert-- 6
`Division 2 Imposed conditions 7
`202A Operation of div 2 8
`(1) This division provides for conditions that may be imposed on 9
leases, licences and permits. 10
`(2) Each condition decided as a condition of a lease, licence or 11
permit under this division, division 3, section 159, 167, 176A, 12
176L, 214E or a transition to sale agreement is an imposed 13
condition of the lease, licence or permit. 14
`(3) An imposed condition of a lease, licence or permit binds the 15
lessee, licensee or permittee as well as any mandatory 16
condition of the lease, licence or permit. 17
`(4) This section is subject to section 202B. 18
`202B Imposed condition must be registered 19
`A condition decided under this division, section 159, 167, 20
176A, 176L, 214E or a transition to sale agreement becomes 21
an imposed condition of a lease, licence or permit and binds 22
the lessee, licensee or permittee only if the condition is 23
registered.'. 24
Clause 108 Amendment of s 203 (Typical conditions) 25
(1) Section 203(g)-- 26
renumber as section 203(h). 27
(2) Section 203-- 28
insert-- 29
s 109 111 s 110
Land and Other Legislation Amendment Bill 2007
`(g) about the preparation, maintenance, implementation and 1
review of a land management agreement.'. 2
Clause 109 Replacement of ch 5, pt 2, div 3 hdg (Changing 3
conditions) 4
Chapter 5, part 2, division 3, heading-- 5
omit, insert-- 6
`Division 3 Changing and reviewing imposed 7
conditions'. 8
Clause 110 Replacement of s 210 (Changing conditions) 9
Section 210-- 10
omit, insert-- 11
`210 Power to change imposed condition of lease, 12
licence or permit by agreement 13
`(1) The designated officer for a lease, licence or permit may, with 14
the lessee's, licensees's or permittee's agreement, change an 15
imposed condition of the lease, licence or permit. 16
`(2) A lessee, licensee or permittee may apply for a change under 17
this section. 18
`(3) The application must be accompanied by the written consent 19
of all persons with a registered interest in the lease land. 20
`(4) However, consent under subsection (3) must not be 21
unreasonably withheld. 22
`(5) A change made under this section must be registered. 23
`(6) The change has no effect until it is registered. 24
`(7) Once the change is registered, the imposed condition is taken 25
to be the condition as amended by the change. 26
`(8) No fee is payable for registering the change. 27
`(9) In this section-- 28
change, an imposed condition, includes extending the period 29
within which the condition must be complied with.'. 30
s 111 112 s 112
Land and Other Legislation Amendment Bill 2007
Clause 111 Replacement of s 211 (Conditions must be reviewed) 1
Section 211-- 2
omit, insert-- 3
`211 Reviewing imposed conditions of lease 4
`(1) If, under section 176X, the Minister is reviewing a land 5
management agreement for a lease, the Minister must also 6
review the imposed conditions of the lease. 7
`(2) If a lease is not a lease of rural leasehold land and there is no 8
land management agreement for the lease, the Minister must 9
consider whether to carry out a review (a standard review) of 10
the imposed conditions of the lease at least once every 15 11
years after the lease started. 12
`(3) However, a standard review must not be made within 10 years 13
after the lease started or after its last standard review. 14
`(4) A review under this section must be carried out in consultation 15
with the lessee.'. 16
Clause 112 Amendment of s 212 (Minister may change conditions 17
after review) 18
(1) Section 212, heading, `conditions'-- 19
omit, insert-- 20
`imposed conditions'. 21
(2) Section 212(1), `a condition'-- 22
omit, insert-- 23
`an imposed condition'. 24
(3) Section 212, `land'-- 25
omit, insert-- 26
`lease land'. 27
(4) Section 212(4) to (6)-- 28
omit, insert-- 29
`(4) On the first business day after the appeal expiration day for 30
the decision, the change must be lodged for registration. 31
s 113 113 s 113
Land and Other Legislation Amendment Bill 2007
`(5) The change has no effect until it is registered. 1
`(6) Once the change is registered, the imposed condition is taken 2
to be the condition as amended under the change. 3
`(6A) No fee is payable for registering the change.'. 4
Clause 113 Replacement of ss 213 and 214 5
Sections 213 and 214-- 6
omit, insert-- 7
`213 Obligation to perform conditions 8
`(1) A lessee, licensee or permittee must perform all of the 9
conditions of the person's tenure, to the satisfaction of the 10
designated officer for the type of tenure. 11
`(2) If the lessee, licensee or permittee does not comply with 12
subsection (1) the tenure may be cancelled or forfeited. 13
`(3) However, if the tenure is a lease, subsection (2) does not apply 14
to a failure to comply with a land management agreement for 15
the lease. 16
Note-- 17
A breach of a condition of a lease that the lessee comply with a land 18
management agreement for the lease may be dealt with by a remedial 19
action notice. 20
`(4) To remove any doubt, it is declared that if no action is taken 21
on a breach of condition of the tenure, it is not a waiver of, 22
authorisation of or excuse for the breach. 23
`(5) In this section-- 24
conditions, of a tenure, means all of its mandatory condition 25
and imposed conditions. 26
tenure means-- 27
(a) for a lessee--the lessee's lease; or 28
(b) for a licensee--the licensee's licence; or 29
(c) for a permittee--the permittee's permit. 30
`Division 5 Remedial action 31
s 113 114 s 113
Land and Other Legislation Amendment Bill 2007
`214 Minister's power to give remedial action notice 1
`(1) The Minister may give a lessee or licensee a written notice (a 2
remedial action notice) to take stated remedial action, within 3
the reasonable time stated in the notice, if-- 4
(a) a ground for giving the notice exists; and 5
(b) section 214A has been complied with. 6
`(2) For subsection (1)(a) a ground for giving the notice is that-- 7
(a) the Minister is satisfied the lessee or licensee is-- 8
(i) using the lease land or licence land-- 9
(A) in a way that is not fulfilling the lessee's or 10
licensee's duty of care for the land, under 11
section 199; or 12
(B) in a way that is likely to cause, or that has 13
caused, land degradation; or 14
(ii) breaching a condition of the lease or licence, other 15
than a condition that there must be a land 16
management agreement for the lease; or 17
Note-- 18
A lease may be forfeited under section 234(b) for breach 19
of a condition of the lease that there must be a land 20
management agreement for the lease. 21
(iii) in contravention of a provision of this Act in 22
relation to the lease or licence; or 23
(b) the Minister has carried out a review under section 176X 24
and, because of the review, the Minister considers that 25
the stated remedial action is necessary or desirable. 26
`(3) If the notice relates to a lease and there is a land management 27
agreement for the lease, the remedial action may include 28
requiring the lessee to enter into an amended or a new land 29
management agreement for the lease that includes stated 30
provisions. 31
`(4) The lessee or licensee must be given a written notice of the 32
decision to give the remedial action notice and the reasons for 33
the decision. 34
s 113 115 s 113
Land and Other Legislation Amendment Bill 2007
`214A Steps required before giving remedial action notice 1
`(1) This section applies if the Minister proposes to give a lessee 2
or licensee a remedial action notice. 3
`(2) The Minister must give the lessee or licensee a notice (a 4
warning notice) stating each of the following-- 5
(a) that the Minister proposes to give the lessee or licensee a 6
remedial action notice; 7
(b) the remedial action under the proposed remedial action 8
notice; 9
(c) the grounds for giving the proposed remedial action 10
notice; 11
(d) the facts and circumstances that are the basis for the 12
grounds; 13
(e) that the lessee or licensee may, within the reasonable 14
period stated in the warning notice, make written 15
submissions to show why the proposed remedial action 16
notice should not be given. 17
`(3) The submissions may include a plan (a remedial action plan) 18
for the taking of action to remedy the ground for the giving of 19
the remedial action notice. 20
`(4) The Minister must consider any written submissions made 21
under subsection (3) within the stated period. 22
`(5) The Minister may give the remedial action notice if, after 23
complying with subsection (4), the Minister still believes the 24
notice ought to be given. 25
`(6) Without limiting subsection (5), the Minister may give the 26
remedial action notice if the lessee or licensee does not, at any 27
time, comply with any remedial action plan included in the 28
submissions. 29
`(7) The remedial action required under the remedial action notice 30
may be different to the remedial action stated in the warning 31
notice. 32
s 113 116 s 113
Land and Other Legislation Amendment Bill 2007
`214B Appeal against decision to give remedial action 1
notice 2
`A lessee or licensee to whom a remedial action notice has 3
been given may appeal against the decision to give the notice. 4
`214C Additional condition of lease or licence to take 5
required remedial action 6
`(1) This section applies if a lessee or licensee is given a remedial 7
action notice. 8
`(2) The notice must be registered. 9
`(3) On registration of the notice, it is a condition of the lease or 10
licence the subject of the notice that the lessee or licensee 11
must, from the day the notice is given, take the action required 12
under the notice. 13
`(4) However, if any appeal against the decision to give the notice 14
is upheld-- 15
(a) the notice is cancelled and it is taken never to have been 16
registered or to have had any effect; and 17
(b) the cancellation must be registered; and 18
(c) the condition is taken never to have been a condition of 19
the lease. 20
`(5) No compensation is payable by the State in relation to the 21
condition or anything required to be done under the notice 22
before its cancellation. 23
`(6) No fee is payable for registration under this section. 24
`214D Failure to comply with remedial action notice 25
`(1) A lessee or licensee to whom a remedial action notice has 26
been given must comply with the notice unless the lessee or 27
licensee has a reasonable excuse. 28
Maximum penalty--400 penalty units. 29
`(2) If a person is convicted of an offence against subsection (1), 30
the court may, as well as imposing a penalty for the offence, 31
order (a remedial action order) the person to comply with all 32
or part of the remedial action notice. 33
s 113 117 s 113
Land and Other Legislation Amendment Bill 2007
`214E Power to reduce term of lease or impose additional 1
conditions 2
`(1) This section applies if a lessee is convicted of an offence 3
against section 214D(1), whether or not a remedial action 4
order is made. 5
`(2) The Minister may decide to do all or any of the following-- 6
(a) reduce the term of the relevant lease; 7
(b) impose additional conditions on the lease. 8
`(3) However, the Minister can not reduce the term by an amount 9
that results in the lease no longer having an unexpired term. 10
Note-- 11
Under section 234(f), a breach of a remedial action order is a ground for 12
forfeiting a lease. 13
`(4) If the relevant lease is a perpetual lease, the reduction may be 14
made by changing the lease to a term lease of a stated term. 15
`214F Provisions about reduction or additional conditions 16
`(1) This section applies if, under section 214E(2), the Minister 17
decides to reduce the term of, or impose additional conditions 18
on, a lease. 19
`(2) The lessee must be given a written notice of the decision and 20
the reasons for it. 21
`(3) The lessee may appeal against the decision. 22
`(4) The decision does not take effect until the first business day 23
after the appeal expiration day for the decision. 24
`(5) As soon as practicable after the decision takes effect, the 25
reduction or additional conditions must be registered. 26
`(6) The reduction or additional conditions have effect from their 27
registration. 28
`(7) No fee is payable for registration under this section. 29
`(8) No compensation is payable by the State for the reduction or 30
the imposition of the additional conditions.'. 31
s 114 118 s 116
Land and Other Legislation Amendment Bill 2007
Clause 114 Amendment of s 234 (When lease may be forfeited) 1
(1) Section 234(b), from `lease'-- 2
omit, insert-- 3
`lease, other than a condition that the lessee comply with a 4
land management agreement for the lease; or 5
Note-- 6
A breach of the condition that the lessee comply with a land 7
management agreement for the lease may be dealt with by a remedial 8
action notice.'. 9
(2) Section 234(e)-- 10
omit, insert-- 11
`(e) if the lessee has-- 12
(i) more than 1 conviction, not including any spent 13
convictions, for a vegetation clearing offence, 14
regardless of whether any of the offences were 15
committed on lease land; or 16
(ii) at least 1 conviction, not including any spent 17
convictions, for an offence committed on the lease 18
land against section 198B; or 19
(f) if the lessee fails to comply with a remedial action order 20
relating to the lease.'. 21
Clause 115 Amendment of ch 5, pt 4, div 2 hdg (Forfeiture of leases, 22
generally) 23
Chapter 5, part 4, division 2, heading, `, generally'-- 24
omit, insert-- 25
`for non-payment'. 26
Clause 116 Replacement of s 234A (Non-application of div 2) 27
Section 234A-- 28
omit, insert-- 29
s 117 119 s 119
Land and Other Legislation Amendment Bill 2007
`234A Application of div 2 1
`This division applies to the forfeiture of a lease under section 2
234(a).'. 3
Clause 117 Amendment of s 235 (Notice of forfeiture for outstanding 4
amounts) 5
Section 235(1), `and any mortgagee'-- 6
omit, insert-- 7
`, any mortgagee and any relevant local government'. 8
Clause 118 Amendment of s 236 (Minister's options if amount 9
unpaid) 10
(1) Section 236, heading, `Minister's'-- 11
omit, insert-- 12
`Designated person's'. 13
(2) Section 236, from `Minister'-- 14
omit, insert-- 15
`designated person may forfeit the lease or allow any 16
mortgagee, any relevant local government or the chief 17
executive to sell the lease under division 3A.'. 18
Clause 119 Insertion of new ch 5, pt 4, div 2A hdg and s 237A 19
Chapter 5, part 4, before section 238-- 20
insert-- 21
`Division 2A Forfeiture of leases by referral to 22
court 23
`237A Application of div 2A 24
`This division applies to the forfeiture of a lease under section 25
234(b), (c), (d) or (f).'. 26
s 120 120 s 121
Land and Other Legislation Amendment Bill 2007
Clause 120 Amendment of s 238 (Application to the court for 1
forfeiture) 2
(1) Section 238(1), from `a lease' to `the lease,'-- 3
omit, insert-- 4
`the lease is forfeited,'. 5
(2) Section 238(2), `and any mortgagee'-- 6
omit, insert-- 7
`, any mortgagee and any relevant local government'. 8
Clause 121 Amendment of s 239 (Governor in Council's options if 9
court decides on forfeiture) 10
(1) Section 239, heading, `Governor in Council's'-- 11
omit, insert-- 12
`Designated person's'. 13
(2) Section 239, `Governor in Council'-- 14
omit, insert-- 15
`designated person'. 16
(3) Section 239(b)(i), `additional'-- 17
omit. 18
(4) Section 239(b)(iv), `the mortgagee'-- 19
omit, insert-- 20
`any mortgagee, any relevant local government or the chief 21
executive'. 22
(5) Section 239-- 23
insert-- 24
`(2) A mortgagee of a term or a perpetual lease may appeal against 25
a decision under subsection (1)(b)(iv) to allow an entity other 26
than the mortgagee to sell the lease. 27
`(3) A relevant local government of a term or a perpetual lease 28
may appeal against a decision under subsection (1)(b)(iv) to 29
allow an entity other than the relevant local government to sell 30
the lease.'. 31
s 122 121 s 125
Land and Other Legislation Amendment Bill 2007
Clause 122 Omission of s 240 (Publication of notice of forfeiture) 1
Section 240-- 2
omit. 3
Clause 123 Amendment of ch 5, pt 4, div 3, hdg (Forfeiture of leases 4
for repeated convictions for vegetation clearing offences) 5
Chapter 5, part 4, div 3, heading, from `for repeated' -- 6
omit, insert-- 7
`on conviction'. 8
Clause 124 Omission of s 240E (Publication of notice of forfeiture) 9
Section 240E-- 10
omit. 11
Clause 125 Insertion of new ch 5, pt 4, div 3A 12
Chapter 5, part 4, before division 4 heading-- 13
insert-- 14
`Division 3A Sale of lease instead of forfeiture 15
`Subdivision 1 Sale by lessee 16
`240E Sale by lessee 17
`(1) After receiving a notice under section 235(1) or 238(2), a 18
lessee of a lease may make written application for permission 19
to sell the lease. 20
`(2) If the Minister approves the sale of the lease by the lessee, the 21
Minister must give written notice of the Minister's approval to 22
any mortgagee and any relevant local government. 23
`Subdivision 2 Sale by mortgagee 24
s 125 122 s 125
Land and Other Legislation Amendment Bill 2007
`Subdivision 3 Sale by local government 1
`240G Application 2
`(1) After receiving a notice under section 235(1) or 238(2), a 3
relevant local government may apply to the Minister for 4
approval to sell a lease. 5
`(2) However, a relevant local government may only apply to sell 6
a lease under subsection (1) if the lessee of the lease has an 7
overdue rate payable to the relevant local government for the 8
lease land. 9
`(3) If the Minister approves the sale of the lease by the local 10
government, the Minister must give written notice of the 11
Minister's approval to the lessee and any mortgagee. 12
`(4) In this section-- 13
overdue rate has the meaning given by the Local Government 14
Act 1993, section 1016.4 15
`240H Notice of approval 16
`(1) If the Minister approves the sale of the lease by the relevant 17
local government under this subdivision, written notice of the 18
approval must be given to the lessee, the local government and 19
any mortgagee. 20
`(2) The notice must state the required period within which the 21
local government must start the procedures for selling the 22
lease. 23
`240I Sale of lease 24
`(1) This section applies if a relevant local government has been 25
given notice under section 240H. 26
4 Local Government Act 1993, section 1016 (Meaning of overdue rate)
s 125 123 s 125
Land and Other Legislation Amendment Bill 2007
`(2) The Local Government Act, chapter 14, part 7, divisions 3 1
and 55 other than sections 1039 and 1058 apply, with 2
necessary changes, to the sale of a lease under this 3
subdivision. 4
`(3) However, the required period for starting the procedures for 5
selling a lease under this subdivision is the required period 6
stated in the notice under section 240H(2) and not the required 7
period stated in the Local Government Act, section 1042(2). 8
`(4) Also, the following must be at least the total of all charges 9
owing to the State under this Act in relation to the lease-- 10
(a) the reserve price chosen under the Local Government 11
Act, section 1044; 12
(b) the price for sale by agreement under the Local 13
Government Act, section 1045. 14
`(5) Further, in applying the proceeds of sale of a lease under the 15
Local Government Act, section 1047(1), the local government 16
must apply the proceeds to payment of charges on the lease, 17
including any rent, instalments or penalty interest, owing to 18
the State, in priority to all encumbrances, and in priority to the 19
payments mentioned in the Local Government Act, section 20
1047(1)(b), (c) and (d). 21
`(6) In this section-- 22
Local Government Act means the Local Government Act 23
1993. 24
`Subdivision 4 Sale by chief executive 25
`240J Application of sdiv 4 26
`This subdivision applies to a lease if the chief executive is 27
allowed to sell the lease under section 236 or 239(1)(b)(iv). 28
5 Local Government Act 1993, chapter 14 (Rates and charges), part 7 (Recovery of
rates), divisions 3 (Sale of land for overdue rates) and 5 (Provisions about dealing
with land under this part)
s 125 124 s 125
Land and Other Legislation Amendment Bill 2007
`240K Notice that chief executive may sell 1
`(1) The chief executive must give written notice to each person 2
who has a registered interest in the lease land that the chief 3
executive is allowed to sell the lease under this subdivision. 4
`(2) The notice must state either-- 5
(a) that the chief executive proposes to enter into possession 6
of the lease and sell the lease under this subdivision; or 7
(b) that the chief executive proposes that the lessee and the 8
chief executive enter into an agreement (a transition to 9
sale agreement) that will apply until the lease is sold 10
under this subdivision. 11
`(3) The notice must advise the matters mentioned in-- 12
(a) if the notice states the matter mentioned in subsection 13
(2)(a)--section 240L; or 14
(b) otherwise--sections 240L, 240M and 240N. 15
`(4) If the notice states that the chief executive proposes that the 16
lessee and the chief executive enter into a transition to sale 17
agreement, the notice must require the lessee to advise the 18
chief executive, within the time stated in the notice, of 19
whether the lessee wishes to enter into a transition to sale 20
agreement. 21
`240L Entry into possession and sale 22
`(1) This section applies if the chief executive enters into 23
possession of the lease to sell the lease under this subdivision. 24
`(2) The chief executive must advise the lessee that the chief 25
executive is entering into possession. 26
`(3) The lessee must, in the lessee's capacity as lessee, 27
immediately vacate the lease land. 28
`(4) The chief executive enters into possession of the lease to the 29
exclusion of the lessee's interests under the lease. 30
`(5) If the lessee does not vacate the lease land under subsection 31
(3), and is not otherwise entitled to possession, the lessee is a 32
person who is unlawfully occupying the lease land. 33
Note-- 34
s 125 125 s 125
Land and Other Legislation Amendment Bill 2007
Action for trespassing may be taken under chapter 7, part 2. 1
`(6) Until the chief executive sells the lease, the chief executive 2
may act in the place of the lessee for all matters in relation to 3
the administration of the lease, including for example for all 4
matters concerning the holders of any subleases over the 5
lease. 6
`(7) The Minister may, for the proper administration of the lease 7
until it is sold, change the imposed conditions as they apply to 8
the lease, and may take action to have the changed conditions 9
registered. 10
`(8) Despite subsection (6), the chief executive does not become 11
liable to pay any amounts payable by the lessee in relation to 12
the lease. 13
`(9) Without limiting subsection (8), the chief executive is not 14
liable to pay any amount payable by the lessee to the holder of 15
any registered interest in the lease. 16
`(10) While the chief executive is in possession, any amounts 17
otherwise payable to the lessee by any person in relation to the 18
lease, including rent payable by a sublessee, must be paid to 19
the chief executive. 20
`(11) The chief executive must execute the transfer of the lease. 21
`240M Transition to sale agreement 22
`(1) This section applies if the lessee and the chief executive enter 23
into a transition to sale agreement. 24
`(2) Until the chief executive sells the lease, the following apply-- 25
(a) the Minister may carry out a review of the imposed 26
conditions of the lease as they apply to the lessee; 27
(b) the Minister may, for the proper administration of the 28
lease until it is sold, change the imposed conditions as 29
they apply to the lessee, and may take action to have the 30
changed conditions registered; 31
(c) the lessee must not, without the Minister's written 32
approval, further deal with the lease; 33
(d) to the extent stated in the agreement-- 34
s 125 126 s 125
Land and Other Legislation Amendment Bill 2007
(i) the lessee continues to pay rent payable under the 1
lease; and 2
(ii) the lessee continues to receive rent and other 3
amounts otherwise payable to the lessee in the 4
lessee's capacity as lessee; and 5
(iii) the lessee remains in possession of the lease land; 6
and 7
(iv) the chief executive and other persons authorised by 8
the chief executive may enter the lease land, 9
including for purposes connected with the chief 10
executive's sale of the lease; and 11
(v) improvements may be dealt with, and development 12
work may be performed, by the lessee or the chief 13
executive; and 14
(vi) the lessee must perform tasks directed to the 15
ongoing day to day administration of the lease, 16
including the maintenance of the lease land; 17
(e) the remedies for or consequences of a breach of the 18
agreement are those stated in the agreement. 19
`(3) The chief executive must execute the transfer of the lease. 20
`(4) When the transfer of the lease is registered, the chief executive 21
must cancel the registration of the transition to sale 22
agreement. 23
`(5) If the lessee is in possession of the lease when the transfer of 24
the lease is registered, subject to the transition to sale 25
agreement, the lessee must immediately vacate the lease land. 26
`(6) If the lessee does not vacate the lease land under subsection 27
(5), and is not otherwise entitled to possession, the lessee is a 28
person who is unlawfully occupying the lease land. 29
Note-- 30
Action for trespassing may be taken under chapter 7, part 2. 31
`240N Advice about entering transition to sale agreement 32
`(1) This section applies if the written notice under section 240K 33
(the 240K notice) states that the chief executive proposes that 34
the lessee and the chief executive enter into a transition to sale 35
s 125 127 s 125
Land and Other Legislation Amendment Bill 2007
agreement, and within the time stated in the 240K notice by 1
the chief executive-- 2
(a) the lessee does not give written notice that the lessee 3
wishes to enter into a transition to sale agreement; or 4
(b) the lessee advises the chief executive that the lessee does 5
not wish to to enter into a transition to sale agreement. 6
`(2) This section also applies if-- 7
(a) the 240K notice states that the chief executive proposes 8
that the lessee and the chief executive enter into a 9
transition to sale agreement; and 10
(b) within the time stated in the 240K notice, the lessee 11
gives written notice that the lessee wishes to enter into a 12
transition to sale agreement; and 13
(c) the chief executive and the lessee-- 14
(i) within the time stated for this subparagraph in the 15
240K notice or a longer time approved by the chief 16
executive, do not execute a transition to sale 17
agreement; or 18
(ii) earlier agree that the chief executive and the lessee 19
are unable to agree on the terms of a transition to 20
sale agreement. 21
`(3) The chief executive may enter into possession of the lease and 22
sell the lease under this subdivision unless the Minister or 23
designated person takes action under subsection (4) or (5). 24
`(4) If the lease was allowed to be sold by the chief executive 25
under section 236, the Minister may withdraw the Minister's 26
decision to allow the chief executive to sell the lease, and may 27
take other action under section 236. 28
`(5) If the lease was allowed to be sold by the chief executive 29
under section 239(1)(b)(iv), the designated person may 30
withdraw the designated person's decision to allow the chief 31
executive to sell the lease, and may take other action under 32
section 239. 33
s 125 128 s 125
Land and Other Legislation Amendment Bill 2007
`240O Making and registration of transition to sale 1
agreement 2
`(1) The chief executive may enter into a transition to sale 3
agreement, including any amendment of a transition to sale 4
agreement, only with the Minister's approval. 5
`(2) A transition to sale agreement, including any amendment of a 6
transition to sale agreement, has effect only if it is registered. 7
Note-- 8
For registration of transition to sale agreements, see section 279. 9
`240P Auction or sale of lease 10
`(1) This section states requirements that apply for the sale of the 11
lease by the chief executive under this subdivision. 12
`(2) The chief executive must first offer the lease for sale by public 13
auction. 14
`(3) However, the chief executive may with the Minister's written 15
approval sell the lease by private contract. 16
`(4) Sections 114(1), 115, 116 and 117 apply, with the necessary 17
changes, to a sale by the chief executive under this 18
subdivision. 19
Note-- 20
Transfers for the sale of a lease by the chief executive are dealt with 21
under chapter 6, part 4, division 1. 22
`(5) The lease must not be offered for sale by public auction, and 23
the chief executive must not enter into a contract of sale under 24
subsection (3), until at least 28 days after the chief executive 25
has published a sale notice under applied section 114 in a 26
newspaper circulating generally in the locality of the lease, 27
advising that the lease is for sale. 28
`(6) The imposed conditions that are to apply to the lease after its 29
sale and that are stated in the sale notice may be different from 30
the imposed conditions applying to the lease before the sale. 31
`(7) The consent of the holder of any registered interest in the 32
lease is not required for the registration of the transfer of the 33
lease. 34
s 125 129 s 125
Land and Other Legislation Amendment Bill 2007
`(8) The imposed conditions that are to apply to the lease after the 1
sale must be registered when the transfer is registered. 2
`(9) If the sale of the lease is not completed within 2 years after 3
this subdivision starts to apply to the lease-- 4
(a) if the lease was allowed to be sold by the chief executive 5
under section 236--the Minister may withdraw the 6
Minister's decision to allow the chief executive to sell 7
the lease, and may forfeit the lease under section 236; or 8
(b) if the lease was allowed to be sold by the chief executive 9
under section 239(1)(b)(iv)--the designated person may 10
withdraw the designated person's decision to allow the 11
chief executive to sell the lease, and may forfeit the 12
lease under section 239. 13
`240Q Disposal of proceeds of sale 14
`The chief executive must apply the proceeds of sale of the 15
lease as follows-- 16
(a) firstly, to payment to the State of all costs properly 17
incurred by the chief executive for the sale or any 18
attempted sale; 19
(b) secondly, to payment to the State of charges on the 20
lease, including any rent, instalments or penalty interest, 21
owing to the State; 22
(c) thirdly, to payment to the State of all costs properly 23
incurred by the chief executive to rectify any damage 24
caused to the land by the lessee; 25
(d) fourthly, to payment to the State of all costs properly 26
incurred by the chief executive-- 27
(i) if there was a transition to sale agreement--in the 28
administration of the agreement; or 29
(ii) otherwise--in the administration of the lease; 30
(e) fifthly, to payment to the relevant local government of 31
overdue rates payable to the local government under the 32
Local Government Act 1993, chapter 14, part 7; 33
(f) lastly, to payment to the lessee. 34
s 126 130 s 127
Land and Other Legislation Amendment Bill 2007
`240R Protection from liability 1
`(1) The chief executive, and any person acting under the authority 2
of the chief executive, does not incur civil liability for an act 3
done, or omission made, honestly and without negligence 4
under this subdivision. 5
`(2) If subsection (1) prevents a civil liability attaching to a person, 6
the liability attaches instead to the State.'. 7
Clause 126 Replacement of ch 5, pt 4, div 4 hdg (Effect of forfeiture) 8
Chapter 5, part 4, division 4, heading-- 9
omit, insert-- 10
`Division 4 Forfeiture'. 11
Clause 127 Insertion of new s 240S 12
Chapter 5, part 4, division 4, before section 241-- 13
insert-- 14
`240S Notice of forfeiture 15
`(1) If the designated person forfeits a lease, the Minister must 16
give the lessee and any mortgagee or relevant local 17
government written notice that the lease is forfeited. 18
`(2) A notice that a lease is forfeited must be published in the 19
gazette. 20
`(3) A lease is forfeited by the registration of a forfeiture notice. 21
`(4) The forfeiture notice must include the particulars of the 22
gazette notice forfeiting the lease. 23
`(5) The forfeiture of the lease takes effect on the day the 24
forfeiture notice is registered. 25
`(6) In this section-- 26
forfeiture notice means a notice in the approved form 27
requesting the registrar to register the forfeiture of a lease 28
under this Act.'. 29
s 128 131 s 130
Land and Other Legislation Amendment Bill 2007
Clause 128 Amendment of s 241 (Effect of forfeiture) 1
Section 241(c)-- 2
omit, insert-- 3
`(c) the lease land is free of any encumbrance; and 4
(d) the lease land-- 5
(i) if the lease was a State lease--remains a reserve; 6
or 7
(ii) otherwise--becomes unallocated State land.'. 8
Clause 129 Amendment of s 243 (Improvements on forfeited lease) 9
(1) Section 243, before subsection (1)-- 10
insert-- 11
`(1A) The lessee of a forfeited lease may apply to remove the 12
lessee's improvements on the lease.'. 13
(2) Section 243(1), from `of a forfeited' to `the lease'-- 14
omit, insert-- 15
`may remove the improvements'. 16
Clause 130 Amendment of s 244 (Sale by mortgagee instead of 17
forfeiture) 18
(1) Section 244(1), `section 235 or 238'-- 19
omit, insert-- 20
`section 235(1) or 238(2)'. 21
(2) Section 244(2)-- 22
omit. 23
(3) Section 244(3), from `Governor in Council' to `Governor in 24
Council's'-- 25
omit, insert-- 26
`Minister approves the sale of the lease by the mortgagee, the 27
Minister must give written notice of the Minister's'. 28
(4) Section 244(3) and (4)-- 29
s 131 132 s 133
Land and Other Legislation Amendment Bill 2007
renumber as section 244(2) and (3). 1
(5) Section 244 as amended-- 2
relocate and renumber in chapter 5, part 4, division 3A, 3
subdivision 2 as section 240F. 4
Clause 131 Amendment of s 246 (Application of division) 5
(1) Section 246(a), after `lease'-- 6
insert-- 7
`that'. 8
(2) Section 246(a)(i) and (iii), `that'-- 9
omit. 10
(3) Section 246(a)(ii), `all or part of which'-- 11
omit. 12
(4) Section 246(c)(i), before `the reserve'-- 13
insert-- 14
`the dedication of'. 15
(5) Section 246(d)(i), after `cancelled'-- 16
insert-- 17
`or surrendered absolutely'. 18
Clause 132 Amendment of s 249 (Payment by the State for 19
improvements) 20
Section 249(1), after `pastoral purposes'-- 21
insert-- 22
`, or a term lease for agricultural or grazing purposes of a type 23
mentioned in section 160A(1),'. 24
Clause 133 Insertion of new ch 5, pt 6 25
Chapter 5-- 26
insert-- 27
s 133 133 s 133
Land and Other Legislation Amendment Bill 2007
`Part 6 Protection of monitoring sites 1
`252 Prohibition on interfering with monitoring marker or 2
device 3
`(1) This section applies if, under section 400, a monitoring site 4
has been established on lease land, licence land or permit 5
land. 6
`(2) A person must not interfere with any of the following the 7
existence of which the person knows or ought reasonably to 8
know unless the person has a reasonable excuse-- 9
(a) a marker for the monitoring site; 10
(b) a monitoring device that, under section 400, has been 11
installed or placed at the monitoring site. 12
Maximum penalty--100 penalty units. 13
`(3) For subsection (2), a person is taken to know of the existence 14
of a marker for the monitoring site and any monitoring device 15
at the site if the marker-- 16
(a) is made of steel or other durable material; and 17
(b) protrudes above the surface of the ground so as to be 18
clearly visible; and 19
(c) has attached to it a tag bearing clearly legible words as 20
follows, or words to the effect of the words: `Monitoring 21
site marker. Interfering with this marker or any device at 22
this site is an offence. 23
`(4) In this section-- 24
interfere with includes damage, deface or tamper with. 25
`253 Evidentiary provision for proceedings under s 252 26
`In a proceeding for an offence against section 252(2), a 27
certificate, purporting to be signed by an authorised person, 28
and stating any of the following matters is evidence of the 29
matters stated-- 30
s 134 134 s 136
Land and Other Legislation Amendment Bill 2007
(a) that stated land was, at a stated time, or during a stated 1
period, a monitoring site established on stated lease 2
land, licence land or permit land; 3
(b) that, at the time or during the period, all or any of the 4
following applied-- 5
(i) a marker for the monitoring site was installed or 6
placed at the monitoring site; 7
(ii) the marker complied with section 252(3)(a), (b) 8
and (c); 9
(iii) a monitoring device was installed or placed at the 10
monitoring site.'. 11
Clause 134 Amendment of s 275 (Registers comprising land registry) 12
Section 275(d)-- 13
omit, insert-- 14
`(d) a register of unallocated State land;'. 15
Clause 135 Amendment of s 276 (Registers to be kept by chief 16
executive) 17
Section 276(d)-- 18
omit, insert-- 19
`(d) a register of unallocated State land;'. 20
Clause 136 Insertion of new s 277A 21
After section 277-- 22
insert-- 23
`277A Registration of document evidencing tenure 24
`(1) If any of the following tenures are granted under this Act-- 25
(a) a lease; 26
(b) a licence 27
(c) a permit for a term of 12 months or more; 28
the tenure document for the tenure must be registered. 29
s 137 135 s 138
Land and Other Legislation Amendment Bill 2007
`(2) If a reserve is dedicated under this Act, the document 1
evidencing the dedication must be registered.'. 2
Clause 137 Amendment of s 278 (Particulars that must be recorded) 3
(1) Section 278 heading, `recorded-- 4
omit, insert-- 5
`registered'. 6
(2) Section 278, `record in each'-- 7
omit. 8
(3) Section 278(a), `recorded in the register'-- 9
omit, insert-- 10
`registered'. 11
(4) Section 278(d), `needed to be recorded'-- 12
omit, insert-- 13
`required or needed to be registered'. 14
Clause 138 Replacement of s 279 (Recording issue and end of 15
tenures) 16
Section 279-- 17
omit, insert-- 18
`279 Registration of land management agreements and 19
transition to sale agreements 20
`(1) This section applies if an agreement mentioned in section 21
176U(1) or 240P in relation to a lease is made or amended. 22
`(2) The following must be registered while the lease continues in 23
force-- 24
(a) the agreement; 25
(b) any amendment of the agreement from time to time; 26
(c) any cancellation or other ending of the agreement.'. 27
s 139 136 s 142
Land and Other Legislation Amendment Bill 2007
Clause 139 Amendment of s 286B (Requiring plan of survey to be 1
lodged) 2
Section 286B(1)(b), `land the subject of the lease'-- 3
omit, insert-- 4
`lease land'. 5
Clause 140 Amendment of s 287 (Registered documents must 6
comply with particular requirements) 7
Section 287(1)(b)(i), `; or'-- 8
omit, insert-- 9
`; and'. 10
Clause 141 Amendment of s 290F (Plan of subdivision may be 11
registered) 12
(1) Section 290F(2)-- 13
omit, insert-- 14
`(2) The plan takes effect immediately it is registered. 15
Example-- 16
A lot defined in the plan is created as a lot when the plan is registered.'. 17
(2) Section 290F(5), after `section 360'-- 18
insert-- 19
`or 360A'. 20
(3) Section 290F-- 21
insert-- 22
`(6) This section applies subject to section 290FA.'. 23
Clause 142 Insertion of new s 290FA 24
After section 290F-- 25
insert-- 26
`290FA Taking effect of plan of subdivision 27
`(1) This section applies if-- 28
s 143 137 s 143
Land and Other Legislation Amendment Bill 2007
(a) the particulars of a plan of subdivision are recorded in 1
the relevant register; and 2
(b) the registration of the plan of subdivision is for the 3
purpose of the issue of a deed of grant, a deed of grant in 4
trust or a lease over 1 or more of the lots created by the 5
plan. 6
`(2) Although the plan of subdivision is registered, it does not take 7
effect as a plan of subdivision until the particulars of the deed 8
of grant, deed of grant in trust or lease are recorded in the 9
appropriate register. 10
`(3) If the particulars of an issued deed of grant, deed of grant in 11
trust or lease are not recorded in the appropriate register, the 12
chief executive may, when the chief executive considers it 13
appropriate to do so, cancel the registration of the plan of 14
subdivision. 15
`(4) If the chief executive acts under subsection (3), for the 16
purposes of any relevant register, the plan is taken never to 17
have been registered.'. 18
Clause 143 Amendment of s 290J (Requirements for registration of 19
plan of subdivision) 20
(1) Section 290J(1)(d) to (h)-- 21
omit, insert-- 22
`(d) if it provides for any proposed public use land to be a 23
reserve--state the community purpose of the reserve; 24
and 25
(e) comply with the Survey and Mapping Infrastructure Act 26
2003; and 27
(f) be certified as accurate by a cadastral surveyor within 28
the meaning of the Surveyors Act 2003; and 29
(g) if any land the subject of the plan of subdivision is the 30
subject of a lease issued under this Act, include a 31
statement agreeing to the plan by-- 32
(i) if there is a mortgagee in possession of the 33
lease--the mortgagee in possession; or 34
(ii) otherwise--the lessee of the lease; and 35
s 144 138 s 144
Land and Other Legislation Amendment Bill 2007
(h) if any land the subject of the plan of subdivision is the 1
subject of an occupation licence under this Act and the 2
licensee is surrendering all or part of the 3
licence--include a statement agreeing to the plan by the 4
licensee; and 5
(i) if a road is permanently closed under section 6
108--show the road as permanently closed; and 7
(j) if a road permanently closed is amalgamated with land 8
under section 109(2)--show the amalgamation; and 9
(k) be consented to by the Minister; and 10
(l) be consented to by-- 11
(i) each person whose interests as a registered 12
mortgagee are affected by the plan; and 13
(ii) each person whose interests as a registered 14
sublessee are affected by the plan; and 15
(iii) each person whose interests as a registered grantee 16
of an easement or profit a prendre are affected by 17
the plan; and 18
(m) include a statement identifying each lot created by the 19
plan of subdivision that is to remain subject to the title 20
reference for any lease, licence, reserve or unallocated 21
State land affected by the plan.'. 22
(2) Section 290J(2)(a), `subsection (1)(f), (g) and (h)'-- 23
omit, insert-- 24
`subsection (1)(g), (h), (k) and (l)'. 25
(3) Section 290J-- 26
insert-- 27
`(4) If the plan of subdivision is needed to effect the absolute or 28
partial revocation of a reserve or the absolute or partial 29
cancellation of an occupation licence, subsection (1)(m) does 30
not apply.'. 31
Clause 144 Replacement of s 290K (Particulars to be recorded on 32
registration of plan) 33
Section 290K-- 34
s 144 139 s 144
Land and Other Legislation Amendment Bill 2007
omit, insert-- 1
`290JA Dedication of public use land in plan 2
`(1) This section applies to the dedication of land to public use in a 3
registered plan of subdivision. 4
`(2) If the dedication is for a reserve, the coming into effect of the 5
plan operates, without anything further, to dedicate the land as 6
a reserve for the community purpose or purposes stated in the 7
plan. 8
`(3) If the dedication is for a road, the coming into effect of the 9
plan operates, without anything further, to open the land as a 10
road. 11
`(4) If the dedication is for a public use other than a road or a 12
reserve, on the coming into effect of the plan, the land 13
becomes unallocated State land. 14
`(5) Subsection (6) applies to an easement over a lot if-- 15
(a) the easement is an easement for providing access or a 16
right of way, including a public thoroughfare easement; 17
and 18
(b) the lot or a part of the lot is dedicated for a road under 19
subsection (3). 20
`(6) The easement is extinguished to the extent it is over the lot or 21
the part of the lot dedicated for the road. 22
`290JBAccess for public use land 23
`A plan of subdivision providing for the dedication of a lot to 24
public use, other than as a road, may be registered only if-- 25
(a) on the registration and coming into effect of the plan, 26
access to the lot will be available through a road or a 27
public thoroughfare easement; or 28
(b) the Minister has approved that the plan of subdivision 29
may be registered without access to the lot being 30
available. 31
s 145 140 s 146
Land and Other Legislation Amendment Bill 2007
`290K Particulars to be recorded when registered plan 1
takes effect 2
`In registering a plan of subdivision, the chief executive must 3
record in the appropriate register-- 4
(a) if the boundaries of land affected by the plan of 5
subdivision are changed on the coming into effect of the 6
plan--any new description as identified on the reverse 7
of the plan; and 8
(b) if all or part of land affected by the plan of subdivision 9
becomes a reserve on the coming into effect of the 10
plan--the particulars of the reserve; and 11
(c) if all or part of land affected by the plan of subdivision 12
becomes public use land other than a reserve or 13
road--the particulars of the unallocated State land.'. 14
Clause 145 Amendment of s 294 (Chief executive may require public 15
notice to be given of certain proposed action) 16
Section 294(1) from `do'-- 17
omit, insert-- 18
`register a transmission of a registered interest.'. 19
Clause 146 Amendment of s 294B (Building management statement 20
may be registered) 21
(1) Section 294B(3), `At least 1 of the lots'-- 22
omit, insert-- 23
`Each lot'. 24
(2) Section 294B(4)-- 25
omit, insert-- 26
`(4) However, a building management statement that otherwise 27
complies with subsection (3) may also apply to a lot that is not 28
entirely or partly contained in, and does not entirely or partly 29
contain, 1 or more buildings if the lot is the subject of a 30
building development approval.'. 31
(3) Section 294B(6), from `Governor'-- 32
s 147 141 s 149
Land and Other Legislation Amendment Bill 2007
omit, insert-- 1
`designated person may do, or the chief executive must do, 2
under section 360 or 360A.6'. 3
Clause 147 Omission of s 296 (Tenure document to be returned to 4
land registry) 5
Section 296-- 6
omit. 7
Clause 148 Amendment of s 299 (When a document is registered) 8
Section 299-- 9
insert-- 10
`(2) This section applies subject to section 299A.'. 11
Clause 149 Insertion of new s 299A 12
Chapter 6, part 2, division 1-- 13
insert-- 14
`299A No registration in absence of required approval or 15
consent of Minister 16
`(1) A document is not registered, even though the particulars 17
about the document are recorded in the relevant register, if-- 18
(a) under this Act, the Minister's approval or consent, 19
however described, is required for the document, 20
including any aspect of the document, but the approval 21
or consent has not been obtained; or 22
Examples-- 23
· a plan of subdivision that has not been consented to by the 24
Minister 25
· a transfer document if the Minister has not given written 26
approval to the transfer 27
6 Section 360 (Governor in Council may change freeholding leases) or 360A
(Minister may change term leases, other than State leases, or perpetual leases)
s 150 142 s 151
Land and Other Legislation Amendment Bill 2007
(b) the terms of the document are inconsistent with the 1
terms of any approval or consent, however described, 2
given by the Minister in relation to the document, 3
including any aspect of the document. 4
`(2) If under subsection (1) a document is not registered, the chief 5
executive may correct the particulars included in the 6
appropriate register in relation to the document. 7
`(3) Subsection (1) applies to an approval or consent, however 8
described, in relation to a document, whether or not the 9
approval or consent is required to be endorsed on the 10
document. 11
`(4) Subsection (1) does not affect the operation of a provision of 12
this Act providing for the Minister to give a general authority. 13
Example-- 14
Subsection (1) does not affect the operation of a lessee's authority, given 15
under section 333 (General authority to lessee for particular dealings), 16
to sublease without seeking the Minister's approval.'. 17
Clause 150 Omission of s 312 (Substitute document) 18
Section 312-- 19
omit. 20
Clause 151 Insertion of new s 318A 21
After section 318-- 22
insert-- 23
`318A Minister may lodge mandatory standard terms 24
document 25
`(1) The Minister may act under section 318 to lodge or amend a 26
standard terms document containing terms the Minister 27
considers are necessary inclusions in the terms of a document 28
creating an interest of any type under this Act. 29
`(2) The document may state that it is a mandatory standard terms 30
document. 31
`(3) This section does not limit section 318.'. 32
s 152 143 s 154
Land and Other Legislation Amendment Bill 2007
Clause 152 Insertion of new s 320A 1
After section 320-- 2
insert-- 3
`320A Conflict with mandatory standard terms document 4
`(1) Section 320(2) does not apply to a standard terms document if 5
the document is a mandatory standard terms document. 6
`(2) If there is a conflict between a mandatory standard terms 7
document and the terms included in another document, the 8
mandatory standard terms document prevails. 9
`(3) Subsection (2) applies whether the other document is the 10
document of which the mandatory standard terms document 11
forms part or is some other document.'. 12
Clause 153 Amendment of s 321 (Withdrawal or cancellation of 13
standard terms document) 14
Section 321(2), `by the chief executive'-- 15
omit, insert-- 16
`by the Minister or the chief executive'. 17
Clause 154 Amendment of s 322 (Requirements for transfers) 18
(1) Section 322-- 19
insert-- 20
`(1B) A lessee, licensee or the holder of a sublease may apply for 21
approval to transfer a lease, licence or sublease.'. 22
(2) Section 322(4)(b)(ii), `or licence'-- 23
omit, insert-- 24
`and any land management agreement for the lease, or the 25
licence'. 26
(3) Section 322(4)(b)(iv), `or licence'-- 27
omit, insert-- 28
`, including any land management agreement, or the licence'. 29
(4) Section 322(4)(b)-- 30
s 155 144 s 155
Land and Other Legislation Amendment Bill 2007
insert-- 1
`(v) if, were the transfer to be registered, section 325(4) 2
and (5) would apply--the provisions of section 3
325(4) and (5).'. 4
(5) Section 322(7)-- 5
omit, insert-- 6
`(7) To remove any doubt, it is declared that the Minister's 7
approval is not needed to transfer a mortgage. 8
`(8) If a lessee holds a general authority under section 333, the 9
authority is taken to be an approval under this section for any 10
transfer in relation to a sublease of the lease. 11
`(9) In this section-- 12
transfer, of a lease, licence or sublease, includes, if it is held 13
by persons as tenants in common, a transfer by 1 or more of 14
the tenants in common of all or part of their interest in the 15
lease, licence or sublease to someone else.'. 16
Clause 155 Insertion of new s 322A 17
After section 322-- 18
insert-- 19
`322A Severing joint tenancy by transfer 20
`(1) This section applies if a lease, licence or sublease (the tenure) 21
is subject to a joint tenancy. 22
`(2) Subject to section 322, any of the joint tenants of the tenure 23
(the severing party), may unilaterally sever the joint tenancy 24
by registration of a transfer to the severing party. 25
`(3) The transfer need only be executed by the severing party. 26
`(4) The chief executive may register the transfer only if the 27
severing party satisfies the chief executive that a copy of the 28
transfer has been given to all of the other joint tenants. 29
`(5) On registration of the transfer, the severing party becomes 30
entitled as a tenant in common with the other persons who 31
were joints tenants immediately before the transfer. 32
s 156 145 s 156
Land and Other Legislation Amendment Bill 2007
`(6) If, before registration of the transfer, there were more than 2 1
joint tenants of the tenure, the joint tenancy of the other 2
persons is not affected.'. 3
Clause 156 Amendment of s 325 (Effect of registration of transfer) 4
Section 325-- 5
insert-- 6
`(2) If a land management agreement applies to a lease being 7
transferred, on registration of the transfer-- 8
(a) the transferee is taken to be a party to the agreement in 9
place of the transferor; and 10
(b) the rights and responsibilities of the transferor under the 11
agreement become the rights and responsibilities of the 12
transferee; and 13
(c) the lease continues to be subject to the following 14
conditions-- 15
(i) there must be a current land management 16
agreement for the lease; 17
(ii) the lessee must comply with the agreement. 18
`(3) Subsections (4) and (5) apply if-- 19
(a) the subject of the transfer is a term lease, and the lease 20
land is rural leasehold land; and 21
(b) the transferor is a party to an indigenous land use 22
agreement for the lease land; and 23
(c) the transfer is registered. 24
`(4) For this Act-- 25
(a) the incoming lessee is taken to be a party to the 26
indigenous land use agreement in place of the 27
transferor; and 28
(b) the rights and responsibilities of the transferor under the 29
agreement become the rights and responsibilities of the 30
transferee. 31
s 157 146 s 158
Land and Other Legislation Amendment Bill 2007
`(5) It is a condition of the lease that the incoming lessee must, 1
within 28 days, give written notice of the transfer and of the 2
effect of subsection (4) to-- 3
(a) the native title group and any other native title parties to 4
the indigenous land use agreement, at their address as 5
recorded in the ILUA register; and 6
(b) the native title registrar.'. 7
Clause 157 Insertion of new s 326A 8
Chapter 6, part 4, division 1, after section 326-- 9
insert-- 10
`326A Disclosure of information to proposed transferee of 11
lease or licensee 12
`(1) This section applies if an application has been made under 13
section 322 for approval of a transfer. 14
`(2) The Minister may give the proposed transferee under the 15
transfer any information the Minister considers appropriate 16
about rent or instalments paid or payable for the lease. 17
`(3) However, the Minister must not disclose to the transferee the 18
residential or business address or other personal details of the 19
transferor.'. 20
Clause 158 Replacement of s 327 (Surrender of lease or deed of 21
grant) 22
Section 327-- 23
omit, insert-- 24
`327 Absolute surrender of deed of grant 25
`A registered owner may surrender, absolutely, a deed of 26
grant-- 27
(a) on terms agreed to between the Minister and the 28
registered owner; and 29
(b) with the Minister's written approval. 30
s 158 147 s 158
Land and Other Legislation Amendment Bill 2007
`327A Surrender of lease 1
`A lessee may surrender, absolutely or conditionally, all or 2
part of a lease-- 3
(a) on terms agreed to between the Minister and the lessee; 4
and 5
(b) with the Minister's written approval. 6
`327B Applying to surrender 7
`(1) A registered owner may apply to surrender a deed of grant. 8
`(2) A lessee may apply to surrender all or part of a lease. 9
`327C Notice of proposal to approve surrender of lease 10
`(1) If the Minister proposes to approve a surrender of all or part of 11
a lease, written notice of the proposal must be given to the 12
following-- 13
(a) the lessee of the lease; 14
(b) another person with a registered interest in the lease; 15
(c) another person the Minister considers should be given 16
the notice. 17
`(2) The notice must-- 18
(a) be in the approved form; and 19
(b) state the following-- 20
(i) the reason for the proposed surrender; 21
(ii) that the person given the notice may make a 22
submission against the proposed surrender to the 23
Minister; 24
(iii) that the submission must be made in the approved 25
form; 26
(iv) the closing day for the submission; 27
(v) the place where or the way the submission must be 28
lodged. 29
s 158 148 s 158
Land and Other Legislation Amendment Bill 2007
`327D Submissions against proposal to approve surrender 1
`(1) A person given notice of a proposal to surrender a lease under 2
section 327C, other than the lessee of the lease, may make a 3
submission against the proposal to the Minister. 4
`(2) The submission must-- 5
(a) be made in the approved form; and 6
(b) be received by the closing day for the submission in the 7
notice under section 327C(2)(b)(iv); and 8
(c) be lodged at the place or in the way stated in the notice 9
under section 327C(2)(b)(v). 10
`(3) The Minister must consider all submissions received under 11
this section before the lease is surrendered. 12
`327E Registration surrenders lease 13
`(1) All or part of a lease may be surrendered by registering a 14
surrender notice or plan of subdivision. 15
`(2) However, if the surrender relates to only part of a lot, the 16
surrender may only be made by registering a plan of 17
subdivision. 18
`(3) The surrender of all or part of a lease takes effect on the day 19
the surrender notice or plan of subdivision is registered. 20
`327F Notice of surrender 21
`(1) Written notice of the surrender of a lease must be given to 22
each person given notice under section 327C(1) about the 23
proposed surrender. 24
`(2) The notice under subsection (1) must include all of the 25
following-- 26
(a) the date of the surrender; 27
(b) the effect, under section 327G, of the surrender; 28
(c) if there are improvements on the lease land owned by 29
the person receiving the notice--a statement that the 30
person may apply to remove the improvements. 31
s 158 149 s 158
Land and Other Legislation Amendment Bill 2007
`(3) If the surrender of a lease is not registered, written notice of 1
the fact must be given to each person given notice under 2
section 327C(1) about the proposed surrender. 3
`327G Effect of surrender 4
`On the surrender of all or part of a lease, the land the subject 5
of the surrender-- 6
(a) if the lease was a State lease--remains a reserve; or 7
(b) otherwise--becomes unallocated State land. 8
`327H Person to give up possession on surrender 9
`(1) On the surrender of all or part of a lease, a person occupying 10
the land the subject of the surrender must immediately vacate 11
the land. 12
`(2) A person who does not give up possession under subsection 13
(1), and is not otherwise entitled to possession, is a person 14
who is unlawfully occupying unallocated State land. 15
Note-- 16
Action for trespassing may be taken under chapter 7, part 2. 17
`327I Dealing with improvements 18
`(1) An owner of improvements on a lease that has been 19
surrendered may apply to remove the owner's improvements 20
on the lease. 21
`(2) The owner may remove the improvements only with the 22
written approval of, and within a time stated by, the Minister. 23
`(3) The improvements become the property of the State if-- 24
(a) the Minister has not given written approval for their 25
removal; or 26
(b) the Minister has given written approval for their removal 27
but the improvements have not been removed within the 28
time stated by the Minister. 29
s 159 150 s 161
Land and Other Legislation Amendment Bill 2007
`(4) However, if the lease the subject of surrender is leased or sold, 1
the owner has a right to payment for the improvements under 2
chapter 5, part 5. 3
`(5) In this section-- 4
owner, of improvements, means-- 5
(a) if the lessee owned the improvements--the lessee; or 6
(b) a person who-- 7
(i) made the improvements on the land the subject of 8
the surrender with the lessee's authority; and 9
(ii) owned the improvements.'. 10
Clause 159 Amendment of s 328 (Surrender of subleases) 11
(1) Sections 328(1), (2), (3) and (4)-- 12
renumber as section sections 328 (2), (3), (5) and (6). 13
(2) Section 328-- 14
insert-- 15
`(1) A registered sublease may be wholly or partly surrendered by 16
operation of law or by registering an instrument of surrender 17
of the sublease executed by the sublessor and the sublessee. 18
`(4) If an instrument of surrender of lease is lodged, the chief 19
executive may register the instrument and record the date of 20
surrender stated in the instrument in the leasehold land 21
register.'. 22
Clause 160 Amendment of s 329 (Notice of surrender needed) 23
Section 329(1), `section 327(1)(a)'-- 24
omit, insert-- 25
`section 327A'. 26
Clause 161 Amendment of s 330 (Requirements for effective 27
surrender) 28
Section 330(c)-- 29
s 162 151 s 163
Land and Other Legislation Amendment Bill 2007
omit, insert-- 1
`(c) any grantee of an easement or profit a prendre whose 2
interest will be adversely affected by the surrender gives 3
written approval to the surrender.'. 4
Clause 162 Amendment of s 332 (Subleases require Minister's 5
approval) 6
(1) Section 332(3)(b), after `appropriate'-- 7
insert-- 8
`, including, for example, that a stated mandatory standard 9
terms document form part of the sublease'. 10
(2) Section 332-- 11
insert-- 12
`(8) Without limiting subsection (3)(a), the Minister may refuse to 13
approve a sublease of a lease if the Minister is satisfied that 14
the subleasing would be inappropriate, having regard to the 15
purpose and conditions of the lease.'. 16
Clause 163 Replacement of s 333 (General authority to sublease) 17
Section 333-- 18
omit, insert-- 19
`333 General authority to lessee for particular dealings 20
`(1) If the Minister considers it appropriate, the Minister may issue 21
to the lessee of a lease issued under this Act an authority to 22
agree to and as appropriate give effect to 1 or more of the 23
following without seeking the Minister's approval-- 24
(a) subleasing of the lease; 25
(b) transferring a sublease of the lease; 26
(c) amending a sublease of the lease; 27
(d) creating an easement that burdens or benefits a sublease 28
of the lease; 29
(e) transferring a public utility easement that burdens a 30
sublease of the lease; 31
s 164 152 s 165
Land and Other Legislation Amendment Bill 2007
(f) amending an easement that burdens or benefits a 1
sublease of the lease. 2
`(2) The authority applies only to the lease identified, and to the 3
lessee named, in the authority. 4
`(3) In acting under the authority, the lessee must comply with any 5
requirements prescribed under a regulation for this section. 6
`(4) The authority may include the conditions the Minister 7
considers appropriate, and may be withdrawn at any time. 8
`(5) The authority is cancelled immediately either of the following 9
dealings are registered in the leasehold land register-- 10
(a) the transfer of the lease; 11
(b) a transmission of the lessee's interest in the lease under 12
a law about bankruptcy. 13
`(6) For subsection (1)(d), (e) or (f), a reference to a sublease of a 14
lease must not be taken to include a reference to a 15
sub-sublease of a sublease of a lease.'. 16
Clause 164 Amendment of s 334 (When subleasing is totally 17
prohibited) 18
Section 334, after `a lease'-- 19
insert-- 20
`issued under this Act'. 21
Clause 165 Amendment of s 334A (Application to sub-subleases) 22
Section 334A, from `For applying-- 23
omit, insert-- 24
`In sections 332 to 334, for applying schedule 6, definition 25
sublease, a reference to a lease issued under this Act may be 26
taken to be a reference to a sublease of a lease issued under 27
this Act, and correspondingly, a reference to a lessee may be 28
taken to be a reference to a sublessee of a lease issued under 29
this Act.'. 30
s 166 153 s 166
Land and Other Legislation Amendment Bill 2007
Clause 166 Insertion of new ch 6, pt 4, div 3A 1
Chapter 6, part 4, after section 339-- 2
insert-- 3
`Division 3A Mediation for disputes about terms 4
of particular subleases 5
`339A Application of div 3A 6
`This division applies to a sublease, other than a sublease of 7
trust land or transport land, if-- 8
(a) there is a dispute between any or all of the parties to the 9
sublease about its terms; and 10
(b) the dispute can not be dealt with under a dispute 11
resolution process, under another Act, that specifically 12
provides for dealing with disputes of that type; and 13
Examples of another Act-- 14
· Residential Tenancies Act 1994 15
· Retail Shop Leases Act 1994 16
(c) the sublease does not include a dispute resolution 17
process that is capable of being used to resolve the 18
dispute. 19
`339B Mediation 20
`(1) A party to the sublease may ask the chief executive to refer the 21
dispute to mediation. 22
`(2) After consulting with the persons the chief executive 23
reasonably considers are a party to the dispute, and having 24
regard to the nature of the dispute, the chief executive may 25
refer it to mediation. 26
`(3) If the chief executive refers the dispute to mediation-- 27
(a) the mediation must be conducted by-- 28
(i) a person agreed to by the parties to the dispute; or 29
s 166 154 s 166
Land and Other Legislation Amendment Bill 2007
(ii) if the parties can not agree--an appropriately 1
qualified mediator appointed by the chief 2
executive; and 3
(b) the mediation must be conducted in the way decided by 4
the mediator and the parties; and 5
(c) the parties must participate in the mediation in good 6
faith to attempt to resolve the dispute; and 7
Examples of participating in the mediation in good faith-- 8
· attending meetings that the parties have agreed to attend 9
· complying with mediation procedures agreed to by the 10
mediator and the parties 11
· disclosing relevant information as appropriate for the 12
mediation 13
· ensuring a party's agent at a mediation is authorised to reach 14
agreement for the party 15
(d) the parties must pay the mediator the costs of the 16
mediation in the proportions agreed by the mediator and 17
the parties. 18
`(4) For subsection (3), a party to the dispute may be represented 19
by an agent appointed by the party if the mediator is satisfied 20
the appointment will facilitate the conduct of the mediation. 21
`(5) If a lessee who is a party to the dispute, in relation to a 22
sublease of the lessee's lease, contravenes subsection (3)(c), 23
the lessee is taken to have contravened a provision of this Act 24
in relation to the lease. 25
`(6) Nothing in this section affects any rights or remedies to which 26
a party to the dispute may be entitled. 27
`(7) Evidence of anything done or said, or an admission made, at a 28
mediation about the dispute is admissible at the trial of the 29
dispute or in another civil proceeding only if all parties who 30
participated in the mediation agree. 31
`(8) For a proceeding under this Act about a lessee's contravention 32
of this Act under subsection (5), evidence about the lessee's 33
participation in a mediation may include evidence about the 34
steps taken by the lessee to prepare for the mediation. 35
`(9) In this section-- 36
s 167 155 s 169
Land and Other Legislation Amendment Bill 2007
appropriately qualified, for a mediator, means having the 1
qualifications or experience appropriate to conduct the 2
mediation. 3
civil proceeding does not include a proceeding under this Act 4
about a lessee's contravention of this Act under subsection 5
(5).'. 6
Clause 167 Amendment of s 346 (Sale of mortgaged lease) 7
(1) Section 346(2), from `, in' to `lease,' 8
omit, insert-- 9
`in a newspaper circulating generally in the locality of the 10
lease'. 11
(2) Section 346(4)(b), after `lease'-- 12
insert-- 13
`and any land management agreement for the lease'. 14
(3) Section 346(4)(d), after `lease'-- 15
insert-- 16
`including any land management agreement'. 17
Clause 168 Omission of ch 6, pt 4, divs 5 and 6 18
Chapter 6, part 4, divisions 5 and 6-- 19
omit. 20
Clause 169 Amendment of s 358 (Changing deeds of grant--change 21
in description or boundary of land) 22
(1) Section 358(1)(b), after `sale'-- 23
insert-- 24
`or disposal'. 25
(2) Section 358(1)(e), `chapter 3, part 2, divisions 4 and 5'-- 26
omit, insert-- 27
`section 109(2)(b), 109A or 109B'. 28
s 170 156 s 172
Land and Other Legislation Amendment Bill 2007
Clause 170 Insertion of new s 358C 1
After section 358B-- 2
insert-- 3
`358C Correction of minor error in deed of grant 4
`(1) This section applies if-- 5
(a) a deed of grant is incorrect because of an error in issuing 6
it; and 7
(b) the registrar of titles certifies that the correction of the 8
deed of grant will not prejudice any person who holds an 9
interest in the deed of grant. 10
Example-- 11
The registrar of titles would be likely to certify that a correction 12
will not prejudice any person if the deed of grant has been issued 13
with its lot and plan correctly described, but with its parish name 14
incorrect. 15
`(2) The registrar of titles must record the correction in the 16
freehold land register. 17
`(3) The corrected deed of grant operates as if it had originally 18
been issued that way. 19
`(4) In this section-- 20
deed of grant includes a deed of grant in trust.'. 21
Clause 171 Amendment of s 359 (Correcting or cancelling deeds of 22
grant) 23
(1) Section 359(7)-- 24
renumber as section 359(8). 25
(2) Section 359-- 26
insert-- 27
`(7) This section does not apply to the correction of a deed of grant 28
if the correction has been made under section 358C.'. 29
Clause 172 Amendment of s 360 (Governor in Council may change 30
leases) 31
(1) Section 360, heading, before `leases' 32
s 172 157 s 172
Land and Other Legislation Amendment Bill 2007
insert-- 1
`freeholding'. 2
(2) Section 360(1), `in a lease' 3
omit, insert-- 4
`in a freeholding lease'. 5
(3) Section 360(1), after `may'-- 6
insert-- 7
`, by gazette notice,'. 8
(4) Section 360(1)(a)-- 9
omit, insert-- 10
`(a) on resurvey of the lease land, the boundaries of the land 11
do not agree with the boundaries described in the lease 12
or appropriate plan, and no doubt exists about the 13
boundaries of the land; or'. 14
(5) Section 360(1)(c) and (d)-- 15
omit, insert 16
`(c) the boundaries of the lease land have significantly 17
changed because of erosion or by gradual and 18
imperceptible degrees; or'. 19
(6) Section 360(1)(e), (f) and (g)-- 20
renumber as section 360(1)(d), (e) and (f). 21
(7) Section 360(1)(e) as renumbered, `or trust land'-- 22
omit. 23
(8) Section 360(2), from `record'-- 24
omit, insert-- 25
`register the amendment.'. 26
(9) Section 360(3), `lease'-- 27
omit, insert-- 28
`freeholding lease'. 29
s 173 158 s 173
Land and Other Legislation Amendment Bill 2007
Clause 173 Insertion of new ss 360A360F 1
Chapter 6, part 4, division 7-- 2
insert-- 3
`360A Minister may change term leases, other than State 4
leases, or perpetual leases 5
`(1) This section applies to a term lease, other than a State lease, or 6
a perpetual lease. 7
`(2) The Minister may, by approving a plan subdivision, amend the 8
description or anything else in the lease if-- 9
(a) the boundaries of the lease land are not stated in the 10
lease with adequate certainty or do not agree with the 11
boundaries shown on the relevant plan; or 12
(b) a survey of the land gives more accurate knowledge of 13
the lease; or 14
(c) if the Minister has approved of a mutual exchange of 15
areas adjoining a common boundary between leases 16
and-- 17
(i) none of the areas adjoining the common boundary 18
are subject to a freeholding lease; and 19
(ii) the lessees of the adjoining leases have agreed to 20
the mutual exchange; or 21
(d) the Minister has approved that an area of unallocated 22
State land be included in the lease; or 23
(e) the Minister has approved that a reservation no longer 24
needed be absorbed by the lease. 25
`(3) The Minister may, by adjustment notice, amend the 26
description or anything else in the lease if-- 27
(a) the lease is defective because of an error or omission in 28
its preparation; or 29
(b) the court has made a decision under section 435 on a 30
dispute about the boundaries; or 31
(c) the Minister considers it necessary for another reason to 32
correct the lease. 33
`(4) The chief executive must register the amendment. 34
s 173 159 s 173
Land and Other Legislation Amendment Bill 2007
`(5) An amended lease operates as if it had been originally issued 1
or executed as amended. 2
`360B Minister may change State lease 3
`(1) The Minister may, by registering an adjustment notice, amend 4
the description or anything else in a State lease if-- 5
(a) the boundaries of the lease land are not stated in the 6
lease with adequate certainty or do not agree with the 7
boundaries shown on the relevant plan; or 8
(b) a survey of the land gives more accurate knowledge of 9
the lease; or 10
(c) the Minister has approved of a mutual exchange of areas 11
adjoining a common boundary between State leases that 12
are within the boundaries of 1 reserve, and the lessees of 13
the leases agree to the exchange; or 14
(d) the Minister has approved that an area of trust land be 15
included in the lease; or 16
(e) the State lease is defective because of an error or 17
omission in its preparation; or 18
(f) the Minister considers it necessary for another reason to 19
correct the State lease. 20
`(2) The chief executive must register the amendment. 21
`(3) An amended State lease operates as if it had been originally 22
issued or executed as amended. 23
`360C Applying to amend description of lease 24
`(1) A lessee or a person acting for the lessee may apply to amend 25
the description in a freeholding lease if the description of the 26
lease may be amended under section 360(1)(a), (c) or (d). 27
`(2) A lessee or a person acting for the lessee may apply to amend 28
the description in a term lease, other than a State lease, or a 29
perpetual lease if the description of the lease may be amended 30
under section 360A(2)(a), (b) or (c). 31
s 173 160 s 173
Land and Other Legislation Amendment Bill 2007
`(3) A lessee or a person acting for the lessee may apply to amend 1
the description in a State lease if the description of the lease 2
may be amended under section 360B(1)(a), (b), (c) or (d). 3
`360D Notice of proposal to amend lease 4
`(1) If the Governor in Council proposes to approve an 5
amendment of freeholding lease under section 360, written 6
notice must be given of the proposal to the following-- 7
(a) the lessee of the lease; 8
(b) each person who made an application under section 9
360C(1); 10
(c) each person with a registered interest in the lease land; 11
(d) another person the Minister considers should be given 12
the notice. 13
`(2) If the Minister proposes to approve an amendment of a term 14
lease, other than a State lease, or a perpetual under section 15
360A, written notice of the proposal must be given to the 16
following-- 17
(a) the lessee of the lease; 18
(b) each person who made an application under section 19
360C(2); 20
(c) each person with a registered interest in the lease land; 21
(d) another person the Minister considers should be given 22
the notice. 23
`(3) If the Minister proposes to approve an amendment of a State 24
lease under section 360B, written notice of the proposal must 25
be given to the following-- 26
(a) the lessee of the lease; 27
(b) the trustee of the reserve over which the State lease is 28
granted; 29
(c) each person who made an application under section 30
360C(3); 31
(d) each person with a registered interest in the lease land; 32
s 173 161 s 173
Land and Other Legislation Amendment Bill 2007
(e) another person the Minister considers should be given 1
the notice. 2
`(4) The notice must-- 3
(a) be in the approved form; and 4
(b) state the following-- 5
(i) the reason for the proposal; 6
(ii) that the person given the notice may make a 7
submission against the proposal to the Governor in 8
Council; 9
(iii) that the submission must be made in the approved 10
form; 11
(iv) the closing day for the submission; 12
(v) the place where or the way the submission must be 13
lodged. 14
`360E Submissions 15
`(1) A person given notice of a proposal under section 360D, other 16
than the lessee of the lease, may make a submission against 17
the proposal to the designated person. 18
`(2) The submission must-- 19
(a) be made in the approved form; and 20
(b) be received by the closing day for the submission in the 21
notice under section 360D(4)(b)(iv); and 22
(c) be lodged at the place or in the way stated in the notice 23
under section 360D(4)(b)(v). 24
`(3) The designated person must consider all submissions received 25
under this section before approving the amendment of the 26
lease. 27
`360F Notice of registration of amendment of lease 28
`(1) If an amendment of a lease is registered under section 360(2), 29
360A(4) or 360B(2), written notice must be given to each 30
person given notice under section 360D about the proposed 31
amendment. 32
s 174 162 s 176
Land and Other Legislation Amendment Bill 2007
`(2) The notice must include both of the following-- 1
(a) the date of registration of the amendment; 2
(b) the particulars of the amendment. 3
`(3) If the designated person does not approve of an amendment to 4
the description of a lease, written notice of the fact must be 5
given to each person given notice under section 360D about 6
the proposed amendment.'. 7
Clause 174 Amendment of s 361 (Definitions) 8
(1) Section 361, heading, after `Definitions'-- 9
insert-- 10
`for div 8'. 11
(2) Section 361, definition public utility provider-- 12
omit. 13
Clause 175 Amendment of s 372 (End and continuation of 14
easements) 15
Section 372(1) and (2), before `the reserve'-- 16
insert-- 17
`the dedication of'. 18
Clause 176 Insertion of new s 373AA 19
Chapter 6, part 4, division 8, after section 373-- 20
insert-- 21
`373AA Particular matters about easements and permit land 22
`(1) An easement may be created over permit land without the 23
permittee's consent. 24
`(2) If permit land is subject to an easement, the rights of the 25
grantee under the easement prevail, to the extent of any 26
inconsistency, over the occupation rights comprising the 27
permit.'. 28
s 177 163 s 179
Land and Other Legislation Amendment Bill 2007
Clause 177 Amendment of s 383 (Power of attorney) 1
Section 383-- 2
insert-- 3
`(3) However, an individual who is a trustee of trust land can not, 4
under a power of attorney, authorise a person to deal with an 5
interest in the trust land that may be dealt with by the 6
individual as trustee. 7
Example-- 8
An individual who is the trustee of a reserve could not, under a power of 9
attorney, authorise another person to act on the trustee's behalf to enter 10
into a trustee lease with a third person.'. 11
Clause 178 Insertion of new s 389B 12
After section 389A-- 13
insert-- 14
`389B Effect on writ of execution of transfer after sale by 15
chief executive 16
`(1) This section applies if-- 17
(a) a writ of execution has been registered in relation to a 18
lease; and 19
(b) the chief executive has sold the lease under chapter 5, 20
part 4, division 3A, subdivision 4. 21
`(2) If the chief executive executes a transfer of the lease for the 22
purposes of the sale-- 23
(a) the registration of the writ of execution does not prevent 24
registration of the transfer; and 25
(b) on registration of the transfer, the chief executive must 26
cancel registration of the writ of execution.'. 27
Clause 179 Insertion of new ch 6, pt 4, div 11A 28
Chapter 6, part 4-- 29
insert-- 30
`Division 11A Caveats 31
s 179 164 s 179
Land and Other Legislation Amendment Bill 2007
`Subdivision 1 Caveats generally 1
`389C Requirements of caveats 2
`(1) A caveat in relation to a lease or licence must be signed by or 3
for the caveator. 4
`(2) The caveat must state-- 5
(a) the name of the caveator; and 6
(b) an address where documents can be served on the 7
caveator; and 8
(c) unless the chief executive dispenses with it, the name 9
and address of-- 10
(i) the lessee or licensee affected by the caveat; and 11
(ii) anyone else having the right to deal with the lease 12
or licence affected by the caveat; and 13
(d) the registered interest affected by the caveat; and 14
(e) the interest claimed by the caveator; and 15
(f) the grounds on which the interest is claimed. 16
`(3) This section applies to caveats under this division other than a 17
caveat prepared and registered by the chief executive under 18
section 389L(1). 19
`389D Lodging caveat 20
`(1) A caveat may be lodged by the following-- 21
(a) the chief executive under section 389L(1); 22
(b) a person to whom an Australian court has ordered that 23
an interest in a lease or licence be transferred; 24
(c) a person who has the benefit of a subsisting order of an 25
Australian court in restraining a lessee from dealing 26
with a lease or licensee from dealing with a licence. 27
`(2) An office copy of a court order mentioned in subsection (1) 28
must be deposited when a caveat is lodged under subsection 29
(1). 30
s 179 165 s 179
Land and Other Legislation Amendment Bill 2007
`389E Notifying caveat 1
`The chief executive must give written notice of lodgement of 2
a caveat under this division to each person whose interest or 3
whose right to registration of a document is affected by the 4
caveat. 5
`389F Effect of lodging caveat 6
`(1) A caveat lodged under this division prevents registration of a 7
document affecting the tenure over which the caveat is lodged 8
from the date and time endorsed by the chief executive on the 9
caveat as the caveat's date and time of lodgement. 10
`(2) Subsection (1) has effect for a caveat until the caveat is 11
cancelled, rejected, removed or withdrawn. 12
`(3) However, lodgment of a caveat under this subdivision does 13
not prevent registration of the following-- 14
(a) a document stated in the caveat as a document to which 15
the caveat does not apply; 16
(b) a document if the caveator consents to its registration; 17
(c) a document executed by a mortgagee whose interest was 18
registered before lodgement of the caveat if-- 19
(i) the mortgagee has power under the mortgage to 20
execute the document; and 21
(ii) the caveator claims an interest in the lease as 22
security for the payment of money or money's 23
worth; 24
(d) a document of transfer of mortgage executed by a 25
mortgagee whose interest was registered before 26
lodgement of the caveat; 27
(e) another interest that, if registered, will not affect the 28
interest claimed by the caveator. 29
`(4) Also, lodgement of a caveat under section 389L(1) does not 30
prevent registration of the following-- 31
(a) a document stated in the caveat as a document to which 32
the caveat does not apply; 33
s 179 166 s 179
Land and Other Legislation Amendment Bill 2007
(b) a document if the chief executive consents to its 1
registration. 2
`(5) Lodgment of a caveat does not create in the caveator an 3
interest in the tenure affected by the caveat. 4
`389G Withdrawing caveat 5
`A caveator may withdraw a caveat lodged under this division 6
by lodging a request to withdraw it. 7
`389H Removing caveat 8
`(1) A caveatee may at any time apply to the Supreme Court for an 9
order that a caveat lodged under this division be removed. 10
`(2) The Supreme Court may make the order whether or not the 11
caveator has been served with the application, and may make 12
the order on the terms it considers appropriate. 13
`389I Cancelling caveat 14
`(1) This section does not apply to a chief executive's caveat 15
prepared and registered under section 389L(1). 16
`(2) The chief executive may cancel a caveat if a request to cancel 17
the caveat is lodged and the chief executive is satisfied that-- 18
(a) the interest claimed by the caveator has ceased or the 19
claim to it has been abandoned or withdrawn; or 20
(b) the claim of the caveator has been settled by agreement 21
or otherwise satisfied; or 22
(c) the nature of the interest claimed does not entitle the 23
caveator to prevent registration of a document that has 24
been lodged. 25
`(3) The chief executive must notify the caveator of the chief 26
executive's intention to cancel the caveat at least 7 days 27
before cancelling it. 28
`(4) If a document that has been lodged will, on registration, give 29
full effect to an interest claimed in a caveat, the chief 30
executive may remove the caveat immediately before 31
registering the document. 32
s 179 167 s 179
Land and Other Legislation Amendment Bill 2007
`389J Further caveat 1
`(1) This section applies if a caveat is lodged under this division 2
(the original caveat) in relation to an interest. 3
`(2) A further caveat with the same caveator can never be lodged 4
in relation to the interest on the same, or substantially the 5
same, grounds as the grounds stated in the original caveat 6
unless the leave of a court of competent jurisdiction to lodge 7
the further caveat has been granted. 8
`389K Notices to the caveator 9
`(1) A notice to a caveator under this subdivision is sufficiently 10
served if left at or sent to the address mentioned in section 11
389C(2)(b). 12
`(2) If the chief executive is satisfied that a notice under this 13
subdivision will not reach the caveator if served in the way 14
mentioned in subsection (1), the notice may be served in a 15
way stated in a written direction by the chief executive. 16
`(3) If the chief executive is informed in writing, and is satisfied, 17
that the name or address of the caveator has changed, the chief 18
executive must note on the caveat details of the new name or 19
address. 20
`(4) A new name or address noted under subsection (3) becomes 21
the name or address for service of a notice on the caveator. 22
`Subdivision 2 Chief executive's caveat 23
`389L Chief executive may prepare and register caveat 24
`(1) The chief executive may prepare and register a caveat over a 25
relevant tenure in favour of the State. 26
`(2) The chief executive may act under subsection (1) to prevent a 27
dealing with a relevant tenure that may prejudice-- 28
(a) the Commonwealth, a State or a relevant local 29
government; or 30
(b) a person who is intellectually or mentally impaired or is 31
incapable of managing the person's own affairs; or 32
s 179 168 s 179
Land and Other Legislation Amendment Bill 2007
(c) a person who is absent from the State; or 1
(d) a person because of-- 2
(i) misdescription of the tenure; or 3
(ii) fraud or forgery; or 4
(e) a person to whom a notice has been given, or has been 5
required to be given, under section 295(2); or 6
(f) a person, other than a person mentioned in any of 7
paragraphs (a) to (e), who has an interest in the relevant 8
tenure. 9
`(3) Also, the chief executive may act under subsection (1) to 10
prevent a dealing with a relevant tenure-- 11
(a) if the relevant tenure is to be extinguished; or 12
(b) to give effect to an order of a court of competent 13
jurisdiction directed to the chief executive. 14
`(4) Subsection (2)(f) applies only if the chief executive is 15
satisfied, because of the nature or urgency of particular 16
circumstances, there is no practicable alternative to registering 17
the caveat. 18
`(5) In this section-- 19
dealing, with a relevant tenure, does not include registering a 20
document to extinguish a relevant tenure. 21
extinguish means extinguish for the purposes of-- 22
(a) for a freeholding lease--an amalgamation, forfeiture, 23
resumption, subdivision or surrender of, or the 24
registration of a deed of grant over, the lease land; or 25
(b) for a lease other than a freeholding lease--an 26
amalgamation, conversion, forfeiture, renewal, 27
resumption, subdivision or surrender of the lease; or 28
(c) for a licence--a cancellation or surrender of the licence; 29
or 30
(d) for an operational reserve--the registration of a deed of 31
grant over the operational reserve; or 32
(e) for a reserve other than an operational reserve--the 33
revocation of the dedication of the reserve.'. 34
s 180 169 s 182
Land and Other Legislation Amendment Bill 2007
Clause 180 Amendment of s 390A (Special provision for transport 1
land) 2
(1) Section 390A, heading, after `transport'-- 3
insert-- 4
`related'. 5
(2) Section 390A(2), after `transport land,'-- 6
insert-- 7
`or is lease land under a perpetual lease to the State for marine 8
facility purposes,'. 9
Clause 181 Insertion of new s 390B 10
Chapter 6, division 13, after section 390A-- 11
insert-- 12
`390B Particular dealing with rail land 13
`(1) This section applies if the chief executive of the department 14
under which the Transport Infrastructure Act 1994 is 15
administered applies for the issue of a deed of grant for a part 16
of rail land. 17
`(2) If the Governor in Council issues the deed of grant for the part 18
of the rail land-- 19
(a) the deed of grant takes effect on the day it is registered; 20
and 21
(b) the lot the subject of the deed of grant stops being lease 22
land under the perpetual lease for the rail land when the 23
deed of grant is registered; and 24
(c) the chief executive must amend the leasehold land 25
register to show the particulars of the perpetual lease 26
after the deed of grant is issued. 27
`(3) The deed of grant is subject to the registered interests 28
affecting the lot before its issue.'. 29
Clause 182 Insertion of new s 391A 30
After section 391-- 31
s 183 170 s 183
Land and Other Legislation Amendment Bill 2007
insert-- 1
`391A General provision about approvals 2
`(1) It this Act permits or requires the Minister or chief executive 3
to give approval for a matter or thing, the approval may be 4
given subject to the conditions the Minister or chief executive 5
considers appropriate. 6
`(2) If a document requires the Minister's approval to be 7
registered, the Minister may tell the person seeking to register 8
it that the approval will be given subject to conditions the 9
Minister considers appropriate for the document. 10
`(3) An advice under subsection (2) may be considered to be an `in 11
principle' approval. 12
`(4) When the conditions are complied with, the Minister may give 13
the approval by executing the appropriate form.'. 14
Clause 183 Amendment of s 392 (Delegation by Minister) 15
(1) Section 392(2A)-- 16
omit, insert-- 17
`(2A) The Minister may, for a lease held by the State to perform 18
functions under another Act, delegate the Minister's functions 19
under this Act to the chief executive or an officer of the public 20
service of the department in which the other Act is 21
administered.'. 22
(2) Section 392(4) and (5)-- 23
omit, insert-- 24
`(4) However, the following functions of the Minister can not be 25
delegated-- 26
(a) granting a lease; 27
(b) dispensing with the need to obtain the Minister's 28
approval for trustee leases; 29
(c) extending the term of a lease for a year if the term has 30
already been extended; 31
(d) extending the term of a lease, under section 155A or 32
155B; 33
s 184 171 s 185
Land and Other Legislation Amendment Bill 2007
(e) reducing the term of a lease, under section 155D or 1
214E; 2
(f) imposing an additional condition, under section 214E. 3
`(5) In this section-- 4
functions includes powers.'. 5
Clause 184 Amendment of s 393 (Delegation by chief executive) 6
Section 393-- 7
insert-- 8
`(4A) However, the chief executive must not delegate the chief 9
executive's power to appoint a person as a mediator under 10
section 339B(3)(a)(ii).'. 11
Clause 185 Replacement of s 394 (Committee of review) 12
Section 394-- 13
omit, insert-- 14
`394 Committees 15
`(1) The Minister must establish a committee (the advisory 16
committee) to advise the Minister about the management and 17
use of rural leasehold land. 18
`(2) The Minister may-- 19
(a) establish-- 20
(i) a committee of review to help the Minister with the 21
administration of this Act; and 22
(ii) regional committees to support the advisory 23
committee; and 24
(b) decide the functions or terms of reference of a 25
committee established under paragraph (a); and 26
(c) decide the following for any committee established 27
under this section-- 28
(i) its membership; 29
(ii) how it is to operate. 30
s 186 172 s 186
Land and Other Legislation Amendment Bill 2007
`(3) A member of a committee established under this section is 1
entitled to be paid the fees and allowances decided by the 2
Governor in Council. 3
`394A Ministerial guidelines about what constitutes a good 4
condition for lease land 5
`(1) The Minister may make guidelines about what constitutes a 6
good condition for lease land. 7
`(2) Before making proposed guidelines, the Minister must seek 8
advice from the advisory committee under section 394 about 9
the appropriateness of the guidelines. 10
`(3) If the advice sought is not given within a reasonable period, 11
the Minister may make the guidelines without receiving the 12
advice. 13
`(4) The Minister must make the guidelines available to the public 14
in the way the Minister considers appropriate. 15
`(5) Without limiting subsection (4), the Minister must ensure an 16
up-to-date copy of the guidelines is available to be read free of 17
charge at each office of the department. 18
`(6) If, under this Act, the Minister may consider or must be 19
satisfied that lease land for a particular lease is in good 20
condition, the Minister may have regard to the guidelines.'. 21
Clause 186 Amendment of s 400 (Power to enter land, generally) 22
Section 400(1)(e)-- 23
omit, insert-- 24
`(e) for lease land, licence land or permit land for 25
agricultural, grazing or pastoral purposes, establish on 26
the lease land, licence land or permit land sites (each a 27
monitoring site) to monitor compliance with-- 28
(i) this Act; or 29
(ii) the lease, licence or permit; or 30
(iii) a land management agreement; or 31
(iv) a remedial action notice; or 32
s 187 173 s 188
Land and Other Legislation Amendment Bill 2007
(v) a remedial action order; 1
(f) place a marker to show where a monitoring site is; 2
(g) install or place at a monitoring site a device (a 3
monitoring device) to carry out the monitoring; 4
(h) read a monitoring device; 5
(i) check the accuracy of, or repair or replace, a monitoring 6
device; 7
(j) do anything reasonable and necessary to exercise a 8
power under any of paragraphs (a) to (i).'. 9
Clause 187 Amendment of s 404 (No trespassing) 10
Section 404-- 11
insert-- 12
`(1A) To remove any doubt, it is declared that the mere making of an 13
offer under this Act in relation to non-freehold or trust land 14
does not make it lawful for the offeree to do a trespass related 15
act in relation to the land.'. 16
Clause 188 Insertion of new ss 405A and 405B 17
After section 405-- 18
insert-- 19
`405A Exercise of chief executive's powers under division 20
`(1) This section applies in relation to the chief executive's powers 21
under this division for land to which this division applies. 22
`(2) The chief executive's powers are in addition to, and do not 23
limit or otherwise affect, the corresponding powers of any 24
trustee of, or the relevant local government for, the land. 25
`(3) The chief executive may decide not to exercise the chief 26
executive's powers if the chief executive considers it is more 27
appropriate for the trustee or local government to exercise the 28
corresponding powers. 29
`(4) Subsection (3) is subject to subsection 405B(2). 30
`(5) In this section-- 31
s 189 174 s 189
Land and Other Legislation Amendment Bill 2007
corresponding powers, of a trustee or local government, 1
means the trustee's or local government's powers under an 2
Act about the unlawful occupation of the land. 3
`405B Occupation fee for unlawful occupation by offeree 4
until grant of tenure 5
`(1) This section applies if-- 6
(a) the chief executive is satisfied a person is or has been 7
unlawfully occupying land; and 8
(b) the person has, under this Act, been made an offer of a 9
tenure in relation to the land; and 10
(c) the person has accepted the offer, whether or not the 11
tenure has been granted. 12
`(2) The chief executive may, for the State, by written notice to the 13
person, charge the person a fee for the person's occupation of 14
the land for the period from when the chief executive is 15
reasonably satisfied the person started to unlawfully occupy 16
the land to when the tenure starts. 17
`(3) A notice may be for all or a stated part of the period. 18
`(4) The fee must be reasonable.