New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 5.2

5.2 Terms and conditions of holdings generally prevail over Act and regulations

(1) The terms and conditions of a holding are valid and enforceable even if a provision of this Act or the regulations deals with the same matter differently, except as provided by this section.

(2) Without limitation, the terms and conditions of a holding may include provisions about any of the following--

(a) the determination, redetermination or adjustment of rent payable for the holding,

(b) for a holding that is a lease or licence--the granting of subleases or sublicences by the holder of the holding,

(c) the forfeiture, termination or revocation of the holding,

(d) the giving of notices or information,

(e) access and inspection rights over the land under the holding,

(f) any matter that is required or permitted to be included in the terms and conditions of the holding by a provision of this Act or the regulations.

(3) Despite subsections (1) and (2), a term or condition of a holding is (except as provided by the regulations) unenforceable if it provides for anything that is inconsistent with a mandatory matter.

(4) Each of the following is a
"mandatory matter" --

(a) section 12.13 (Holding or permit cannot be transferred if in arrears),

(b) section 12.14 (Forfeiture or end of holding or permit does not extinguish debts),

(c) section 13.2 (Exclusion of minerals and qualifications from dealings under Act),

(d) the purposes for which the land is authorised to be used under this Act,

(e) the maximum term that is allowed for a holding by this Act,

(f) any of the following terms and conditions of a holding--

(i) a term or condition of a special purpose holding,

(ii) a term or condition that is taken to be included (or required to be included) in a holding by this Act, the Crown land management rules or the regulations,

(iii) a term or condition for a holding specified by a provision of Schedules 1-4,

(g) any other matter prescribed by the regulations to be a mandatory matter for the purposes of this section.

(5) This section does not affect any requirements of this Act or the regulations concerning how and when a holding can be granted (including requirements for certain procedures or preconditions to be followed or met before the holding can be granted).

(6) In this section--

"holding" includes an enclosure permit.