New South Wales Consolidated Acts

CROWN LAND MANAGEMENT ACT 2016 - SECT 5.31

5.31 Relationship between general purpose leases and special purpose holdings

(1) Provisions relating to general purpose leases The following provisions apply to a general purpose lease over land that also has a special purpose holding over it--

(a) if the holding is a special purpose lease--the general purpose lease is, or remains, a lease even though it does not confer, or no longer confers, exclusive possession on its holder,

(b) the general purpose lease is taken to include a condition prohibiting its holder from doing anything that has the effect of restricting or impeding the holder of the special purpose holding from exercising the rights conferred by that holding,

(c) the general purpose lease is taken to include a further condition prohibiting its holder from carrying out development for the purposes of any dwelling-house, garden or significant improvement on the land except with the written consent of the holder of the special purpose holding.

(2) Provisions relating to special purpose holdings The following provisions apply to a special purpose holding over land that also has a general purpose lease over it--

(a) if the holding is a special purpose lease--the special purpose lease is, or remains, a lease even though it does not confer, or no longer confers, exclusive possession on its holder,

(b) the special purpose holding is taken to include a condition prohibiting its holder, except with the written consent of the holder of the general purpose lease, from exercising any of the rights conferred by that holding over any part of the land--

(i) on which, or within 200 metres of which, any dwelling-house is located, or

(ii) on which, or within 50 metres of which, any garden is located, or

(iii) on which any significant improvement is located,

(c) the special purpose holding is taken to include a further condition prohibiting its holder from unreasonably withholding any consent referred to in subsection (1) (c).

(3) A written consent given for the purposes of subsection (2) (b) is irrevocable and binds each successor in title to the land.

(4) Subsection (2) (b) (i) and (ii) do not prevent the holder of the special purpose holding from travelling along any road or track within 200 metres or 50 metres, respectively, of a dwelling-house or garden referred to in those subparagraphs.

(5) A special purpose holding over land that also has a general purpose lease over it may include conditions agreed to between each of the holders of those holdings.

(6) Any condition of the kind referred to in subsection (5)--

(a) that is included in a special purpose holding over land that also has a general purpose lease over it, or

(b) that, because of subsection (7), is taken to be included in a sublease or sublicence of a special purpose holding over land that also has a general purpose lease over it,

is enforceable, as between the licensees, lessees, sublicensees and sublessees for the time being under those holdings, as if it were contained in a deed entered into between them.

(7) Sublicences and subleases Any sublease of a general purpose lease, or sublease or sublicence of a special purpose holding, is taken to include the conditions that, under this section, are included (or taken to be included) in the lease or holding.

(8) Application of section This section applies regardless of the order in which the special purpose holding and the general purpose lease over the land have been granted.

(9) This section applies to a general purpose lease or special purpose holding (and any sublease or sublicence of that lease or holding)--

(a) for a general purpose lease (or a sublease of that lease)--only while the land over which it is granted also remains subject to a special purpose holding, and

(b) for a special purpose holding (or a sublease or sublicence of that holding)--only while the land over which it is granted also remains subject to a general purpose lease.